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Home My WebLink About6262 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 . IYED Il:V/ 5 2009 FINDINGS, DELIBERATIONS, DECISION Southold Town Clerk MEETING DATE: APRIL 23, 2009 ZBA File # 6262 - JAMES and DENISE MARTIN, Applicants PROPERTY LOCATION: Meadow Beach Lane Extension (129 Suter's Right-of-Way), Mattituck; CTM 116-4-31 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 its reply 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 160,781 Sq. Ft. conforming parcel in the AC Zone District, with 159.94 feet along Great Peconic Bay, 758.16 feet along the easterly boundary of a private right-of-way, 763.55 feet along the westerly boundary, and 233.26 feet along Meadow Beach Lane. It is improved with a two-story, single-family dwelling, tennis court and in-ground swimming pool as shown on the survey by John C. Ehlers Land Surveyor dated 5/21/02. LWRP: This application is exempt under Town Code Chapter 268 being greater than 100 feet from a regulated natural feature, bulkhead or other shoreline defense structure, and the activities are not within a CEHA area. BASIS OF APPLICATION: Request for a Variance under Section 280-114, based on the Building Inspector's November 7, 2008 and April 22, 2009 Notices of Disapproval concerning proposed one-story additions and alterations to the existing dwelling, which new construction will be less than the code-required front yard setback of 60 feet on this 160,781 square foot parcel. Page 2 - April 23, ZBA File # 6262 - James and Denise Martin CTM 116-4-31 ADDITIONAL INFORMATION: The Board notes that there is a discrepancy between the Building Inspector's Notice of Disapproval which states the after the proposed new construction, the dwelling (with attached garage) will have a front yard setback of 45 feet (sic), and the enlarged site plan by the applicant's architect, Samuels and Steelman prepared November 6, 2008, which shows that after the proposed new construction, the front yard setback along Suter's Right-of-Way will be 42'3". FINDINGS OF FACT RELIEF REQUESTED: The applicant proposes to add a single-story addition to the existing attached garage for storage of two more cars. The proposed addition will incorporate an existing attached shed and will decrease the existing non-conforming front yard setback from the eastern property line (within Suter's right-of-way) of 45.3 ft. to 42 ft. 3 in., where the code requires a minimum of 60 feet, as shown on the plot plan prepared by Samuels & Steelman prepared November 6, 2008. ADDITIONAL iNFORMATION: The neighbor who lives directly across from the applicant's dwelling parcel along Suter's right-of-way, Anthony J. Colletta, is the neighbor who is most affected by the proposed garage addition which is directly in view from his front door. On March 10, 2009 the Board of Appeals received written communication from Mr. Colletta in full support of the Martin's variance application. 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. The proposed one story addition is small at only 398 square feet and is designed to incorporate an existing attached shed and to match the architectural style of the existing garage and house. It will hardly be noticeable. The private right-of-way provides a narrow, private access that has little traffic, servicing only two or three dwellings. 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 because the existing ai~tached garage has a pre-existing non-conforming setback from the property line (within Suter's right-of-way). 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial, in so far as it will decrease by 2.75 feet the existing non-conforming front yard setback from the property line adjacent to a secondary access road which serves as the architectural side yard of the applicant's dwelling. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created in so far as the applicant could, by right, build a code compliant accessory garage in the front yard facing Page 3 April 23, ZBA File # 6262 James and Denise Martin CTM 116-4-31 Meadow Beach Lane. However, it would be in an area that ~s currently all grass and landscaping and would have a far greater visual impact on the property and neighborhood than the small addition being proposed. 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. The proposed addition is on flat terrain with no drainage issues. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an enlarged attached garage, 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 and shown on the drawings for Project 0808 prepared by Samuels & Steelman, Architects, labeled Site Plan (sheet 1), Enlarged Site Plan (sheet 2), Garage Addition Plans (sheet 3) and Garage Elevations (sheet 4) dated November 6, 2008. 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 nonconfor[n~ity. Vote of the Board: Ayes: Members Goehringer (Chain~), 01iva, fiSimon, and Weisman. (Member. Schneider was absent.)This Resoluti w~s duly a te (4). Approved for Filing/z SURVEY' OF TO~N, ~UT~LD FLOOO ZON~ ANNOTATION I I I 159.94, A~AA~ A~E= I60,~¢INOT RE~ERENGE~5.p. o¢ ~.ffq eadow Beach Lane I~ALPH ~l TEF~EL K.~PLAN ~N TO EXISTINg, .... soo. ,-,~ ........... ~1~ ~ I ~'~'"'~/-- ~I~'~ ~-- ,~ S~'E 19563 I t E ~ ~~.~ ... ~ ~ ~ __ ~o~ ~ t ~ ~.~' ~ ~ ~ / L=nd no~ or formermq of ~ ~ ~ ~ SCTM ~ 1000-tt64-3t - ~ ex shed ~ PROPERS: 129 Suter's Right of Way ~ ~ ADDRESS Maffituck, NY - /~ ~ ~ OWNER. James P. & Denise N. Ma~in SITE PLAN SCALE 1 -30 ~ S~TE. ~so,;~ se. ~T. = ~.SSAC;ES ZONING: SURVEYOR: Agricultural Conservation (AC) John C. Ehlers 6 East Main Street Riverhead, NY 11901 LICENSE # 60202 DATED 05/2t/02 LOCATION MAP E FINAL MAP REVIEWED BY ZBA SEE DECISION # ZBA SUBMISSION DRAWN BY: UT J I SCALE: 1"=30' SHEET TITLE: SITE PLAN SHEET NO: 1 FOt~ ENLAt~EM~=NT I,'-,L MAP REVIEWEr} RY ZR,a EXISTIN~ POOL I CO ENLARGED SITE PLAN SCALE: 118" [] 1',-0" FINAL MAP REVrEWED SEE DECISION #~0...~ FINAL MAP REVIEWED BY ZBA SEEDECI$1ON # DATED ~ /~_~ I~--'~- ZBA SUBMISSION PROJECT NO:. 0808 DRAWN BY: UT CHECKED BY: T~ DATE: Nov 6, 2008 SCALE: 1/8"= 1'-0" SHEET TITLE: SHEET NO: ~ ADDITION TO E~XISTIN~ DARA~,E FIEST ~= ONLY I.:2'-I1" PfATC, H EXIOTINE~ GAP. A~E AND RESIDENC, E NEI~I A~ITION TO EXI,~TIN¢5, J~'ad-L.~ TO BE Ia. ELOCATED EXlSTIN~ , '1 EXI~,TIN~ EAI~,A~E ATTAC,,I"ED TO I~-'51DENC, E AND PqlTH I~:;~I~::~M$ ABOVE EXI~.'rlH~, EXISTIN~ KITCHEN X 5TIN SID NC, E PARTIAL FIRST FLOOR PLAN SCALE: '114" [] 1' -0" ADDITION TO ~=XISTIN~ ~A~.A~F: ~=lta. ST FLOOIa. ONLY EXISTIN.~ la. OOP EXISTIN~ ~Ata. A~E AND RESIDENC, E ABOVE EXI~TIN~ IFINAL~P REVlE~IEO BY ZBA SEE DEciSION # ~ DATEDI ~1_/~ 3 I~ PARTIAL SECOND FLOOR PLAN SCALE: 114" = 1' -0"" ZBA SUBMISSION LUo '~. ca '""<:ii · UT CHECKED Ry. TCS DATE: Nov 6, 2008 SCALE: 1/4" = 1' - 0" SHEET TITLE~ GARAGE ADDITION PLANS 3 EXIBTIN~ REBIDtEN~,E EXISTIN~ ~AP, A6E EXIBTIN¢ 6ARAE~E AN~ REBIDENC, E ABOVE SOUTH ELEVATION SCALE: 1/4" = 1'-0" EXISTINg, ~ EX IBTIN~ RE~IDENC, E BEHIND EXIBTIN~ I~OOF AODITION TO EXIBTIN~ 5ARAr=E FIRST FLOOR ONLY EXIBTIN~ REBIDENC, E NORTH ELEVATION SCALE: 1/4" = 1' -0" ADDITION TO EXIBTIN~ FLOOR ONLY ~ EXIBTIN~ EXIBTIN~ I~EBIDEN~,E BEHIND I~ELO~AT~ EXIBTIN~ ~ARA~E DOOR NEI~ ~OOf~ 51ZE AN~ TO HATC, H EXIBTIN~ rlN~ BTORA~'=,E ~ TO EXI~TINE~ ~ARA~E ADDITION TO EXIBTIN¢ E~ARACE FIRST FLOOR ONLY EAST ELEVATION SCALE: 114" = 1' -0" EXIBTIN¢ REBIDENC, E BEHIND FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ /~ ?RA SUBMISSION O ==,,,LUI Nov 6, 1/4" = 1' - O" 3HEET TITLE: GARAGE ELEVATIONS 4 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 7, 2008 AMENDED: April 22, 2009 TO: Samuels & Steelman (Martin) 25235 Main Road ...... Southold, NY 11935 i .... Please take n°tice that y°ur applicati°n dated N°vember 6, 2008i [?~ For permit for additions and alterations to an existing single famil,~ dwelling at 5 LOcation of property: 1~ Suter ROW, Mattituck, NY i.'..~.~. 21 County Tax Map No. 1000 - Section 116 Block 4 Lot 3~1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 160,781 square foot lot, with two front yards, in the AC District, is not permitted pursuant to pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a front yard setback of 60 feet. ,.~- · '~ Following the proposed construction, the dwelling will have a front yard setbac .25 This Notice of Disapproval was written based on a site plant dated November 6~ 2008~ by Thomas Samuels~ Architect and amended to correct an error in setback. ,~uthorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department, CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Samuels & Steelman (Martin) 25235 Main Road Southold, NY 11935 DATE: November 7, 2008 Please take notice that your application dated November 6, 2008 For permit for additions and alterations to an existing single family dwelling at Location of property: 12p Suter ROW, Mattituck, NY County Tax Map No. 1000 - Section 116 Block 4 Lot 3~1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 160,781 square foot lot, with two front yards, in the AC District, is not permitted pursuant to pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a front yard setback of 60 feet. Following the proposed construction, the dwelling will have a front yard setback of 4~eet. This No. fieealf Disapprg_v-aLw~Lwritten based on a site plan, dated November 6, 2008~ by Thomas r eis, ) Note to App~ ant: change or deviation to the above referenced app~cation, may require fu~her review by th/~d Town Building Depa~ment. CC: file, Z.B.A. DEPARTMENT OF PLANNING ( ICOUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 29, 2008 JAN 2 _._ ' ' THO~X~'I~L~Si'AI~P:: DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Art: Mr. Ger~ Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission 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. Applicants Municipal File Numbers Berwald, David Tsimikas (Isidoros) & Papagiannakis (Maria) Highland House FI, LLC Schembri, Peter & Gail Frank Zagarino Trust (c/o Cary Zagarino) Kate, Paul M. Mensch, LLC Frawley, Brian Martin, James & Denise #6250 #6252 #6253 #6256 #6257 #6258 #6259 #6261 #6262 TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (6' 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631 ~. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Date Assigned/Assignment No Office Notes: __ Filed By:. House No. j-*q Street SUTERS ROW SCTM 1000 Section x16 Block 4 Lot(s). 51 Lot Size 3.69 acres Zone AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~[]7/~g' BASED ON MAP DATED November 6, 2008 ; ; u Applicant(s)/Owner(s):. James P. & Denise N. Martin MailingAddress: il East 68th Street., NY, NY 10021 Telephone: Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, conttmct vendee, etc. and name of person who agent represents: Name of Representative: ?om Samuels for (×) Owner, or ( ) Other: Agent's Address: Samuels and Steelman Architects, 25235 Main Road, Cutchogue, NY 11935 Telephone 631 734 6405 Fax#: 631 734 6407 Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: {3 Applicant/Owner(s), or ~ Authorized Representative, or 13 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED Nov 6, 2008 and DENIED AN APPLICATION DATED Nov 6, 2006 FOR: [] Building Permit [] Certificate of Occupancy [3 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 ××~ Section280- 114 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. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal 0 has, [] has not been made at any time with respect to this nronertv. UNDER Appeal No. 6794 Year 2005 . (Please be sure to research before completing this question or call our office for assbtance.) & No. 2954 Year: 1982 NameofOwner: James P. & Denise N. Martin ZBAFile# REASONS FOR APPEAL (additional sheets maF be used with preparer's sienature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of ,l~e i~i~o~rh~ood ora detriment to nearby properties if granted, because: The addition to the residence will only be be one story in height and wi~ ~C~'t~. ~hitectu~al style of the existing residence. The addition will add 13 feet to the North of the resid~ ~n~ 3 feet to the east of the residence. The residence will be increased in width from 166 to 169 feet, and in depth from 29 to 42 feet. (2) Thc benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than au area variance, hccause: The garage addition to the existing structure will take up less space on the property because an existing shed will be incorporated into the garage space. If a separate garage structure is located as per zoning it will be in the middle of a front yard that is presently lawn with landscaping. (3) The amount of relief requested is not substantial because: The existing 9round floor buildin9 area of the residence is 4,556 sf, the addition is 398 sr. The increase to the existing ground floor building area is 8.7% increase. This increase is definitely not substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The addition is proposed to be attached to the existing residence reducing the physical impact on the neighborhood. The addition is 398 sf which is a minor impact on the site area. The building addition is in keeping with development in the area. The building will not be used for any storage or manufacturing of any harmful environmental contaminants. The addition will be used for storage of a car. (5) Has the alleged difficulty been self-created? ( )Yes, or (~)No. Are there Covenants and Restrictions concerning this land: [] No. [3 Yes (vlease furnish cow). 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 VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE (Please be sure to c ur attorney.) ATTACHED USE VARIANCE SHEET: ~/~~ Signatdr~-o~p'pellant or A~horized Agent (Agent must submit wrinen Authorization from Owner) Sworn to before me this · ~d)da~f k)0~), 200 ~' . Notary Public Not~ry Public, State of New Yc~k No. 01 RI6042467 Qualified in Suffolk Count~ Commission Expires May ~O,~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Samuels and Steelman Architects I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared: November 10, 2008 I1. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: 22 ft 7 in by 10 ft 3.1 in& 3 ft Dy 20 Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 26 ft existinu, il £t 6in proposed IS basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Exist±nu 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: 2 story structure with residence and garage, 166 feet overall width, 65 ft 8 in overall depth NumberofFloorsandChangesWlTHAIterations: adding a one story structure 13 feet to the North and 3 feet to the east of the existing residence, Total width 169 feet, depth to stay the same 65 ft 8 in. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 4,723 sf Proposed increase of building coverage: 396 sf Square footage of your lot: 1~0,76~ sf Percentage of coverage of your lot by building area: 3.2 % V. Purpose of NewConstruction: Addition to existing garage structure to store two additional cars 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): Land is virtually flat, with a 1.3% slope· The land has been professionally landscaped and maintained with lawn ~rass and plantings consisEin~ of ornamental trees, shrubs, ~roundcovers and perennials· 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~'i Is the subject premises listed on the real estate market for sale? [] Yes [] No Are there any proposals to change or alter land contours? [~ No U 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? No 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? No 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? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: New Swimming Pool, Terrace and Basement Access 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 Single Family Residence with Garage and Swimming Pool and proposed use Same with additional 2 car Garage ~family; proposed: same with garage or pool, or other description.) Authotqze'-'~ Signature and Date 2/05; 1/07 PROJ;CT I.D. NUUEER 617.20 S~EQR Appendix C State ~vlmnment~l Quality ~evlew SHORT ENVIRONMENTAL ASSE~N~LF. QRM For UNLISTED ACTIONS Only .PART i--PROJECT INFORMATION ~o be completed by Applicant or Project sponsor) 3. PROJECT LOCATION: Municipality Southold County Suffol~ 4. PRECISE LOCAT1ON (Street address and roaO Inteme;tlons, prominent landmarks, etc., or provl<Je map) 129 SUTER'S RIGHT OF WAY, MATTITU~K, 5P/ 11952 SCTM ~ 1000-116-4-31 5. IS PROPOSED ACTION: [] Yes [:~ NO II NO, cles~dbe briefly 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDINC~ NOW OR ULTIMATELY FROM ANY OTHER GO'.T..'~;MZ;.'TAL AGENCY STATE OR LOCAL}? []['~ yea [-1No If y~s. list Ige~l~-'~s) and pemllt/ll~]~'Ovlll Local Town Buildin9 Permit 11. DOES ANY ASPECT OF TH E ACTION HAVE A CURRENTLY VAUD PERMIT Off APr"OVAL? [] Ye~ [] NO If ~ II~t agency Itltme and ~rmll/appm~al 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING pERMFFIA~PROVAL REQUIRE ~ No I CERT1FY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE SE~T OF MY KNOWLEDGE If the action la in the Coastal Area, and you am a stats agency, Complete the Coastal Assessment Form before proceeding with this assessment OVER PART U--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) WILL ACTtON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNL{STEI~ ACTIONS iN 6 NYCRR., PART 617.6') I~ NC. a negat,4e cecta?a~lO~ D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASLISHMENT OF A CEA? E. IS THERE. OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVTRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain t)riefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect I~lentitied above, ,~etermine whether it is substantial, large, iml3ortant or otherwise slgniticant. Each effect shoul,~ be assessed in connection with [ts {a) setting {i.e. uCoan or rural); (b) probability of occurring; (c) Ouration; irreversibility; (e) geogral~hic scope; and (f) magnitude. If eecessa~', add attachments or reference supporting materials. Ensure that exo~anations contain sufficient detail to show that ail relevant adverse impacts have t3een identified and aite~uately aitdreeseO, if question D of Part II was checked yes, the determination an~l significance must evaluate the polential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse ira'S,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 Town of Southoid INSTRUCTIONS 1. LVOIP CONSISTENCY ASSESSMENT FO,I~ 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 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). If any 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 SCTM# 1000 116 4-31 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) (b) (c) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: [] Nature and extent of action: Addition of a one story, two car garage, to an existing garage and two story residence. kocationofaction: 129 SUTER'S RIGHT OF WAY, MATTITUCK, NY 11952 Site acreage: 3.69 acres Present land use: Residential Present zoning classification: AC 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: Tom Samuels of Samuels and Steelman Architects (b) Mailing address: 25235 Hain Road Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) (~31) 734 6405 (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) Adding to an existing residence preserves open space around the existing residence and ~kes efficient use of the existinq structure and property. Also the addition to the property is far less than the 20% lot coverage allowed by zoninG. 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) There are no historic or archeological structures on property. A~tach additional sheets if necessary : Policy 3. Enhance visual quality and protect scenic resources throughout tl~ Town o~Southold. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ ~ [] Yes [] No [] (Not Applicable- please explain) The addition to the existinq qaraqe and residence is in keepinq in style and scale of neiqhborinq structures. Aaach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section II1 - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~'~ (Not Applicable - please explain) Ail rainwater runoff is and will be retained on site with the use of underground drywells. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria [-~ Yes ~ No [] (Not Applicable- please explain) All rainwater runoff is and will be retained with the use of underqround drywells. The sanitary system for the residence and qaraqe meets current Suffolk County Dept. of Health Services standards for sanitary waste water. The property is served with public water from Suffolk County. 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 HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) No development will take place in the "protected" or "natural indigenous environment". 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) The development will not add pollutants into the air. All construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the federal standards for air pollution discharge. 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 HI - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No ~ (Not Applicable - please explain) The construction and use of the garage will make use of the town's disposal and recyclin~ center. 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) No public land involved. Littoral access unimpeded. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for eva] ~ater-dependent uses in! uation criteria. [] Yes [] No [] (Not Applicable- please explain) There are no public or commercial activities or uses on site. Historically neighboring properties are residential in use and will remain residential. Attach additional sheets if necessary 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 This project will protect and preserve the livinq marine resources by maintaininq all rainwater discharqe and sanitary flow from the residence on site by approved SCDHS sanitary system and drywells for rainwater runoff. At~ach 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 There are no agricultural lands on site. A~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes ~ No [] Not Applicable - please explain The construction will be usin.g equipment approved by the Federal government for ener.qy usage. The garage addition will meet Federal standards for conserving energy "energy Star Program" and will use "NY State Energy Conservation and Construction Code" for Construction of the structure. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'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. YOUR NAME: Tom Samuels of Samuels and Steelman Architects (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 x Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 x 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 Signature: Print Name: ~'01q November 20, 2008 Board of Appeals Town of Southold Main Road Southold, NY 11971 S A M U E L S & S T E E L M A N Re: ADDITIONS TO EXISTING GARAGE/RESIDENCE At the MARTIN RESIDENCE \ ~.~ ~12~ Suter R.O.W. 4/.5_~ ~'~'~¢.~'"~ Mattituck, NY 11952 ~ SCTM ¢ 1000-1164-31 Dear Board Members, My clients, James and Denise Martin are applying for a Variance to add an addition to an existing Garage/Residence which encroaches on the front yard setback. Attached, please find Seven (7) sets of the following information as requested for the Variance application: 1. Cover Letter 2. Letter of Authorization 3. Notice of Disapproval 4. Building Permit Application 5. Board of Appeals Application & Project Description 6. Area Variance Reasons 7. ZBA Questionnaire 8. Transactional Disclosure Form Set of Drawings (Site Plan, Floor Plans and Elevations) 10. Survey 11. Photographs 12. LWRP Consistency Assessment & Short Environmental Assessment Forms 13. Check for $400 If we can provide any additional information, please do not hesitate to call. ~muels, R.A. SCmuels & Steelman Architects ARCHITECTS 25235 MAIN ROAD CL;TCHOGUE, NEWYORK 11935 (631) 734-6405 FAX (631) 734 6407 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ., 20 Approved ,20__ Disapproved Wc Expiration 20__ BUILDING PERMIT APPLICATION CHECKLIST ~-'~';'~2'i;i~-'-- you have or need the following, before applying? '~ ~ / Board of Health___ I 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: 734-6405 Building inspector APPLICATION FOR BUILDING PERMIT Date November 06 , 20 os INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No buildh~g 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. £ Every building permit shall expire if the 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 properly have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new perafiI shall be required. APPLICATION IS HEREBY MADE to the Building Department lbr the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~. ~ (Signature of applicm~t or name, ifa corporation) 25235 Main Rd., Cutchogue, N~f (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Architect Name of owner of premises Jim and Denise Martin (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Burger Construction Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 129 S~ter's R.O.W. Mattituck House Number ' Street County Tax Map No. 1000 Subdivision (Name) Section Hamlet Block 4 Filed Map No. Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Residence & Garas]e x Alteration b. Intended use and occupancy_ 3. Nature of work (check which applicable): New Building__~Addition Repair Removal Dem°liti°n~Other Work 4. Estimated Cost svs,oo0 Fee (Description) 5. If dwelling, number of dwelling units l If garage, number of cars 6. If business, commercial or mixed occupancy, specJl~ nature and extent of each type of use. 7. Dimensions of existing structures, if'any: Front ~l~, Rear Height. 26, --__ Number of Stories Dimensions of same structure with alterations or additions: Front ~_z4, Depth. 4~, Height. 26, .Number of Stories 8. Dimensions of entire new construction: Front Rear Height qumber of Stories - 9. Sizeoflot:Front__303, I0. Date of Purchase 2oo4 (To be paid on filing this application) ~Number of dwelling units on each floor __Depth Rear 2 _Depth_ _Depth Witschi _Name of Former Owner 11. Zone or use district in which premises are situated ac 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO 13. Will lot be re-graded? YES~ NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Mar±tn Address ~ ~, Phone No. -- Name of Architect Samuels ~ll3~an . Name of Contractor Address 25~235 M. ain Rd~.~ Phone No _Address - .Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAy BE REQUI~-DY- b. Is this property within 300 feet ora tidal wetland? * YES NO_2~_- * IF YES, D.E.C. PERMITS MAy BE REQUIRED. 16. Provide survey, to scale, with accurate/bundation plan and di~tan'ces to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY O~S: __ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S,He is the (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 fi/e this application; that all statements contained in this application are true to the best of bis knowledge and belief; and that the work will be perfbrmed in the mariner set forth in the application filed therewith. Sworn to before me this Notary Public PATRIClA RICHARD8 I'~otary Public, State of New York No. 01 RI6042467 Qualified in Suffolk County Commission Expires May 30, =CC~ - ~pplicant ! James Martin East 68~t Street, Apartment 8B New York, NY ~0065 November 12, 2008 I hereby authorize Tom Samuels of Samuels & Steelman Architects to act as my agent in obtaining all required permits for my property at 129 Suter's Right of Way in Mattituck, NY. 11952 ~1/12/2B05 11:05 63176590~4 ZONINGBDOFAPPEAL~ PAGE 82/82 20RM ~0. 3 TOWN OF SOUTMOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDIN~ PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) pERMIT NO. 34179 Z Date SEPTEMBER 22, 2008 Permission is hereby granted to: JAMES P & DENISE N MARTIN 145 EAST 81ST STREET NEW YORK, NY 10028 for : DEMO OF EXISTING ISP, NEW ISP 25'X$0' WITH STONE TERP~ACE~ ENLARGE EXIST SHED TO 10'X12'(TO REMAIN NONHABIT)OUTSIDE SHOWERS PER ZBA 5794~. CO'S at premises located at 125 SUTERS ROW Co%%nty Tax Map No. 473889 Section 116 Block pursuant to application dated SEPTEMBER 28, 2005 Buildin~ Inspector to ex~pire on MARCH MATTITUCK 0004 LOt NO. 031 and approved by the 22, 2010. Fee $ 565.60 Authorized Signature Rev. 5/8/02 COPY 11/12/2888 11:85 6317659864 ZONINGBDOFAPPEAL~ FORM NO. 3 PAGE TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 81/82 P~IT NO. 34253 Z Date OCTOBER 24, 2008 Permission is hereby granted to: JAMES P & DENISE N MARTIN 145 EAST 81ST STREET NEW YORK,NY 10028 for : REAR EXTERIOR BASEMENT ENTRANCE TO EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. at premises located at 125 SUTERS ROW County Tax Map No. 473889 Section. 116 pursuant to application dated OCTOBER Building Inspector to expire on APRIL MATTITUCK Block 0004 Lot No. 031 23~ 2008 and approved by the 24, 2010. Fee $ 200.00 / Aut hdr'i z~ea Signature Rev. COPY ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-08-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6262 Martin, J. & D. #19498 $400.00 Soutl old Town Clerk TOTAL $400.00 Sent via Inter-Office to Town Clerk by: Thank you. .pmk ELIZABETH A. NEVILLE, RMC, CMC 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.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 10, 2008 Zoning Appeal No. 6262 Transmitted herewith is Zoning Appeals No. 6262 of Samuel & Steelman Architects for James & Denise Martin thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Cover Letter from Samuels & Steelman Listing Items Sent, Notice of Disapproval from Building Department Dated November 7, 2008, Copy of Building Department Application Dated November 6, 2008, Authorization Letter from James Martin to Tom Samuels to Represent them in this Matter, Building Permit 34179Z for Demo of Existing ISP, New ISP, Enlarge Exist Shed, Outside Shower Dated September 22, 2008, Building Permit 34253Z for Rear Exterior Basement Entrance Dated October 24, 2008, 2 Pages of Photos of Property, 1 Page (Both Sides) of Property Record Card, Survey of Property Showing Existing Construction Dated 5/9/2006 Prepared by John C. Ehlers, Land Surveyor, Architects Plans for Garage Showing Site Plans & Floor Plans & Elevations Dated November 6, 2008 Prepared by Samuels & Steelman. ' oW..ER STREet /Z~ ~?~W ~ s~s. IMP. TOTAL DATE REMARKS ~ND Act, Volu, Per Acl Volu* Woodland j: /~. B House Plot Toro I H6,-4-~1 .3/06 Extension Extension Extension Foundation Basement Ext Walls Fire Place Garage Dock Fin. B. COMBO PARTIAL 5 ~.,,~\ I Bath 2- (vT)IDinette Floors Kit. Interior Finish Heat Woodstove BR. Baths Fam. Rm. ~o0 LOO COLOR TRIM 1st 2nd ,~',~'7__c~. ~C~,"'-~ Foundation (/~! Fin. B. Bath ~ ~-~ -~;..l~ldg' ~,~ ~a __ -- ~- ~ Dinette ~-~ ~ ~- / ~ co~o ~ PARTIAL Floors Kit. Extension ~ ~ ~ ~ t~[ Basement s~s Extension iW %%y 5~ (~=-~ ~ / ~ ~ 5 ~ ___tOL~ Ext. Walls Interior Finish LR ExtenSion ~1 ~= ~ ~ - Fire Place Heat ........... ~ ~ ~ ~Z ~ Woodstove BR. ~ '~I&~:Z{~ ~:~1 ~[~ ,'~, ~er~/~ ~ Baths ~ m ~,~.~.~ +~=- ~t ~4~ Dock .......... Fam. Rm. COLOR TRIM Town Of Southold S P.O Box 1179 outhold, NY 11971 Date: 12/09/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt#: 31211 Reference Subtotal 6262 $400.00 Check#: 14948 Total Paid: $400.00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH internal ID: 6262 Appe~N~ 2954 by application ~d F~bruary 23, 1982 To Thomas H. Witschi, M.D. Swim King Pools Inc. as agent ................ of the ~ Ordlnan~ ~m~ tb~ ~ ol the ~atldln~ lnSl~t~r ( ) ~e r~vea--~d ~8~ Public Hearing 3/19/82: Application of Thomas H. Witschit M.D. by Swim King Pools Inc., Route 25A, Rocky Point, NY 11778 for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct in- 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-4-31. (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) P~ECEIVED AND FILED BY Th~ SOUTHOLD TOWN CLERK By this appeal, applicant seeks to construct an inground swi~mingpool, 20' by 40' in size in an area other than the rearyard area required by statute. The premises in question contains an area of approximately four acres and constructed thereon is a large, one-family dwelling with attached garage, and separate accessory building generally north of the garage area. It is the feeling of this board that the circumstances are quite unique, particularly due to the location of a right-of-way commencing at the northerly end of the premises in question and extending southeasterly and southerly the entire depth of the parcel. It is the opinion of thie board that the most practical and feasible area in which to locate the swimmingpool is in the area depicted by the applicant and which area is located to the rear of applicant's house. In considering this appeal, the board determines that the variance request is not substantial in relation to the code requirements; that the circumstances herein are unique and the practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on avail- able governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Douglass, seconded by Mr. Goehringer, it was RESOLVED, to approve Appeal No. 2954, application of Thomas H. Witachi, M.D., by Swim King Pools Inc., SUBJECT TO THE FOLLOWING CONDITION: That the accessory pool structure be constructed: (1) not closer than a line drawn in line [north and south] with the east end of the existing attached garage, and (2) not less than 18 feet from the south side of the attached garage. Location of Property: 7670 New Suffolk Avenue, Matti- tuck, NY: County Tax Map Parcel No. 1000-116-4-31. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Douglass. (Member Doyen was absent.) APPROVED Chairman B~d of ApJgeal~- NOTICE IS HEREBY GIVEN, plLrsuanul~6 Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, aRegular Meeting and the following public hearings will be held by the Southold TOwn Board of Appeals at the Town Rall, Main Road, Southold, NY on Friday, March 19, 1982 com- mencing at 7:30 p.m. and as follows: 7:30 p.m. Application of Daniel N. and Caro~n K. Baird, 61 Wellsweep Drive, Madison, CT 06443 for a Variance to the Zoning Ordinance, ~rticle VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- yard setback at 11 Greenwood Road, Fishers Island, NY; bounded north by Righter; east by F.I. Ferry District: south by Gilman; wesn by Greenwood Road; County Tax Map Parcel No. 1000-12-1-13.1. 7:35 p,m. Application of Fishers Island Development Corp., Fishers Island, NY 06390 (by Richard F. La~k, Esq.) for a Variance to the Zoning Ordinance, Article IV, Section 100-41, Bulk Area and Parking Schedule for permission to divide existing house a~d lot with insufficient area and sideyards into two, single-family dwellings and parcels at.the north side of Whistler Avenue, Fishers Island, NY; bounded north by Gallaher; easu by Homing; south by ~istler Ave.; west by Scott; County Tax Map Parcel No. 1000-9-10-part of 11. 7:40 p.m. Application of Walter N. Pharr~ Jr., 360 South Sarbor Road, Southold, NY (by Richard F. Lark, Esq.) for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises zoned B-Light for wholesale sales (in addition to retail sales, a permitted use). Location of Properny: North side of C.R. 48, Southold, NY; bounded north by Morris and ors.; east by ~harnews and ors.; south by C.R. 48; west by Mudd and ano.; County Tax Map Parcel No. 1000-59~9-part of 30.2; also referred to as Subdivision Lot 2 of N. Aliano Subdivision Filed Map No. 250. 7:55 p.m. Application of St. Peter's Lutheran Church, Main Road, Greenport, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30C(6) (~) and Article VII, Section 100-70 for permission to erect an off-premises directional/ advertzsing sign upon property oi F, Murphy, 8700 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-07-006.2. 8:00 p.m. Application of Paul and Margaret Radich, 420 West Fourth Avenue, Roselle, NJ 07203 for pez-mission to convert existing dwelling use to two-family dwelling use at 51170 Main Road, Southold, NY; bounded north by Jankowski; east by Southold School District; south by Kahrs; wes~ by Main Road; County Tax Map Parcel No. 1000-70-2-6. S 8:10 p.m. Application of Thomas H. Witschi~ M.D. by wim King Pools, Route 25A, Rocky Point, NY 11778 for permission Page 2 Legal Notice - Board of Appeals Reqular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the__~ rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck,~ NY; County Tax Map Parcel NO. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission =o reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; County Tax Map Parcel NO. 1000-126-5-13. 8:25 p.m. Application of Harvey Bagshaw Inc., in care of Philip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VI/, Section 100-71 for approval of the construction of additions at the easu and west sides of the existing building with insufficient set- backs and insufficient total yard areas a= 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residential and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stouterfourgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel NO. 1000-70-5-4. Dated: February 26, t982. BY ORDER OF T~ SOUTHOLD TOWN BOARD OF Ai~pEALS GERARD p. GOEHRINGER, C~AIRM~N By Linda Kowalski, Secretary ................................................................. Page 2 Legal Notice - Board of Appeals Reqular Meeting for March 19, 1982 to construct inground swimmingpool in an area other than the rearyard at 7670 Right-of-Way off New Suffolk Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-116-04-031. 8:15 p.m. Recessed Hearing of Anastasios and Anna Parianos for permission to reconstruct and locate second dwelling as existed prior to destruction by fire. Peconic Bay Boulevard and Sigsbee Road, Laurel; county Tax Map Parcel No. 1000-126-5-13. 8:25 p.m. Application of Hazvey Bagshaw Inc., in care of PhiLip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for approval of the construction of additions at the east and wes~ sides of the existing building with insufficient set- backs and insufficient total yard areas at 7255 Main Road, Laurel, NY; County Tax Map Parcel No. 1000-122-6-34. 8:40 p.m. Application of Jay P. and M. Joanne-Davis Slotkin, by Abigail A. Wickham, Esq., Main Road, Mattituck, NY for a rehearing of Appeal No. 2932 for permission to establish multiple professional medical offices on premises zoned "A" Residentia.1 and Agricultural, varying the zoning ordinance, Article III, Section 100-30. Location of Property: 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and Stoutenburgh; south by Ackerly Pond Road; east by Main Road; County Tax Map Parcel No. 1000-70-5-4. Dated: February 26, 1982. BY ORDER OF THE SOUTHOLD TOWI~ BOARD OF APPEALS GERARD p. GOEHRINGBR, CHAIRMAN By Linda Kowalski, Secretary Instructions to newspapers no print Thursday, March 11, 1982 and forward 8 affidavits of publication (ST) and one by L.I. Traveler. ................................................................. X Copies of this Notice forwarded on Monday, March 8 to: Mr. and M_rs. Daniel N. Baird at CT ~ FI addresses. Richard F. Lark, Esq. for FIDCO and Walter N. Pharr, Jr. Mrs. Pamela Schineller for St. Peter's Lutheran Church Mr. and ~s. Paul Radich at NJ and Southold addresses. Mrs. Helen Cochran a= Mt. Sinai address for M/M Radich. Thomas H. Witschi, M.D. wim King Pools as agent for Dr. Witschi Mr. and Mrs. A. Parianos Gary Flanner Olsen, Esq. for M/M Parianos PhiLip J. Ofrias, Jr., Esq. for Harvey Bagshaw, Inc. Dr. and Mrs. Jay Slotkin Abigail A. Wickham, Esq. for D/M Slotkin Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board posted 3/6/82. Supervisor Town Board members Planning Board Secretary OF PROPL-~Tv ?. LOCAl'.O:': !4A? o '~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon http:#southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Halt 53095 Main Road · P.O. Box 1179 Southold, NY t 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY l 1971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 27, 2005 ZB File No. 5742 - James P. and Denise N. Martin Property Location: 1695 Meadow Beach Lane, Mattituck CTM 116-4-31 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review fails under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 3.69 acre parcel is located at the end of a private right-of-way known as Meadow Beach Lane, Mattituck, and is improved with a single-family, 1-1/2 story frame house with detached swimming pool and two small sheds, shown on the May 21, 2002 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's May 25, 2005 Notice of Disapproval, amended June 10, 2005, concerning the construction of a citing Section 100~33 in its denial of an application for a building permit to construct a proposed tennis court with fence enclosure, shown on the 5/6/04 site plan. The reasons stated by the Building Inspector in his denial are that the tennis court fence enclosure will exceed the four foot height limitation when ~ocated in the front yard of this residential zone, and that the tennis court is proposed less than the code-required 60 feet from the front yard lot line and less than 20 feet from lhe side yard lot line. SEPARATE APPEAL NO. 5794/AMENDED APPLICATION BY APPLICANTS: On September 21, 2005 documentation was added for amended, additional relief for the location of an as~built accessory shed located in the easterly front yard at less than 60 feet from the front yard lot line, for enlargement of the same shed, and for a partially sunken hot tub and trellis accessory structures. This amendment will require the applicants to complete separate mailings with notices under Chapter 58, as well as separately notice for a public hearing and decision. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 20, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 - October 27, 2005 ~ ZB File Ref. 5742 - J. and D. Martli'l~' CTM 116-4-31 AREA VARIANCES REQUESTED: The applicants wish to construct a sunken 54' by 112' tennis court at a minimum of 60 feet from the northerly front yard lot line and a minimum of 10 feet from the westerly lot line, at its closest points. The tennis court will be 24 inches below grade with Iow stone retaining wails, 24 inches above grade surrounding the court, and with a 6 ft. high fence on wood frame with screening is also proposed. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants are proposing to locate a tennis court in the northwesterly portion of their property, mainly in the front yard and partly along the side of the existing dwelling. Maps A, B and C with different setbacks were discussed dudng the hearings with regard to a tennis court location. Option C with more conformity to the setback requirements is the maximum the Board wilt approve, with setbacks at a minimum of 60 feet from the front lot line at the northwestern section of the property and 10 feet from the side line, instead of 30 feet and 5 feet, respectively, and with the surface of the court finished with a rubber-like adhesive (such as deco or the like), applied as the finished top coat over a hard surface, such as cement or asphalt. 2. The benefit with regard to the tennis coud will be sought by the applicants with alternative Option C, which will place the tennis court in a more conforming location and which will be constructed of a rubber-type composite to reduce the noise effects by players when hitting the tennis bails against the base of the court. Landscaping with trees will provide a main buffer between the tenr~is court and adjacent properties to the north and north/east. 3. The variances granted are substantial. 4. The difficulty is self-created since accessory structures may be placed in the rear yard adjacent to the waterfront side of the house without a variance. 5. Grant of relief, as modified, is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a sunken tennis court with 6 ft. high fence, wln[le 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 Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, subject to the following Conditions: 1) That the tennis court shall be located at the west side of the dwelling, in the northwesterly yard portion of the property, set back not closer than 60 feet from the northerly front lot line and not closer than 10 feet from the westerly lot line, shown on the map labeled "C" of 10/19/05; Page 3 - October 27, 2005 ZB File Ref. 5742 - J. and D. CTM 116~t-31 2) That the tennis court shall be enclosed on three sides, by mature evergreen plantings, continuously maintained at a minimum height of 6 feet, and additional screening with landscaping shown on the "enlarged site plan Sheet #2 dated 9t14/05"; 3) That the surface of the tennis court shall be finished with a rubber-like composite material applied over a hard surface such as cement or asphalt; 4) That there be no lighting for use after dark; 5) The fence enclosure shall not exceed six feet in height. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, and Simon. (Member Orlando was absent.) This Resolution_.~y~s duly adopted (4-0). Ruth D. Oliva, Chairwoman 12_/q~ /05 Approved for Filing I ) I I / MAP DF SURVEY MARK A, ANGELSON MARILYN F. ANOELSON HATT]:TUCK TONN OF ~OUTHOLD SLI~FOLK COUNTY. Office Location: Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 · Sou Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 1, 2005 ZB File No. 5794 - James and Denise Martin Property Location: 1695 Meadow Beach Road, Mattiluck CTM 116--4-31 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 3.69 acre parcel is located at the end of a private right- of-way known as Meadow Beach Lane, and is Improved with a single-family 1-1/2 story frame house and other structures, shown on the May 21, 2002 survey prepared by John C. Ehlers, L.S. BASIS OF APPLICATION: Building Department's September 28, 2005 Notice of Disapproval, citing Sections 100-33 and 100-242A, in its denial of an application for a building permit for conversion of the existing as-built shed, and proposed trellis, hot tub structure and new swimming pool. The reasons stated for the denial are that the accessory structures will be less than 60 feet from the front lot line. AJso proposed is expansion of the shed to a non-habitable pool house, changing the intensity as located with a nonconforming front yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time wdlten and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to: (a) construct a new 25' x 50' swimming pool struclure, after removing the existing 20' x 40' swimming pooJ, (b) enlarge an existing shed from 8'x'12' to 10'x12' in size, maintaining the existing nonconforming 24 ft. setback from the front Jot line and converting/renovating it to an accessory, non-habitable pool shed. (c) relocata the hot tub at 25 feet from the front lot line, and (d) build a trellis structure over columns at single-story height. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The shed existed for 20+ years on the site near the applicant's dwelling and greater than 100 feet from Meadow Beach Lane during the time the swimming pool was built (under the prior variance). A larger accessory swimming pool is proposed, replacing the existing swimming pool, and the shed will be extended 2 feet and renovated to a 10'x12' non-habitable pool house. The existing hot tub structure will be moved closer toward the pool shed. Construction of a wood-trellis roof structure will be supported by four Page 2 - December 1, 2005 ZB File Ref. 5794 -J. and CTM 116-4-31 large stone pillars. The Board requires continuous screening of the adjacent, contiguous area along the private road just east of the structures, and conditions for same are made a part of this determination to enhance improvements viewed from nearby properties. 2. The benefit sought by the applicant provides an accessory use in its present location near the back yard with extensive landscaping enjoyed for many years. The location is greater than 100 feet from Meadow Beach Lane, providing an adequate distance fi.om adjacent residences. This determination is granted with the requirement for strict adherence to the conditions written herein, with continuous future maintenance of screening and yard areas. Without vadance relief, the existing nonconforming yard locations may not be maintained. All structures are heavily screened with mature evergreens. The portable hot tub is being shifted over from its present location onto the patio area, 3. The variance herein is the maximum relief that will be entertained for approval. 4. The difficulty is self-created. Many of the structures are existing with nonconforming yard setbacks. 5, No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the existing established yard areas for reconstruction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. .R. ESOLUTION 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 Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the variances as applied for, as shown on the 9/26/05 site plan (Sheets 1, 2 and 3) prepared by Samuels & Steelman, Architects, subject to the following Conditions: 1. That the accessory shed with renovation shall remain as an accessory use, and shall not be used for sleeping or living purposes (the building may be used as a non-habitable changing room related to the pool, beach and outdoor activities), and further a. Shall not contain heat, and the plumbing is limited as submitted, for a single bathroom and shower, with or without the utility of electric. b. Shall be used seasonally and shall not be used for sleeping or habitable living purposes; c. Shall not exceed 11.5 feet to the top of the ridge, as submitted. 2. That the present and all subsequent owners of the property are required to completely screen the easterly side of these accessory structure improvements. 3. That the Zoning Board of Appeals reserves the right for a representative to inspect the complete screening and pool house shed, prior to the issuance of a Certificate of Occupancy by the Building Inspector, and determine the need (if any) for additional screening and suggest any aspect related to Ihis variance determination to the Building Inspector. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. Resolution was duly adopted (5-0).~,._Jff~t~'l~, it~-~. ( [Z~/~,,I,,I,.~ ~-3r-~ . Ru~ D. ~liva~Ch~oman l/t~/06 Approved for Filing This SITE P~ ~LA~.N.. ~.~ LOCATION MAP TRELLIS & STORAGE SHED ELEVATIONS ZBA SUBMISSION PO01 Page 1 of 1 Kowalski, Linda From: Colletta, Anthony J. [Collettaa@sullcrom.comi Sent: Tuesday, March 10, 2009 10:50 AM To: Kowalski, Linda Subject: [NEWSENDER] - Variance Request by James and Denise Martin - Message is from an unknown sender Dear Ms. Kowalski, My name is Anthony Colletta and I am the owner of the home at 1657 Meadow Beach Lane in Mattituck. Reference is made to the Request for a Variance submitted by my next door neighbors, James and Denise Martin, who reside at 129 Suter's Right of Way. I am writing to you because I will be unable to attend the public hearing of the Zoning Board of Appeals on March 19 and I wanted to provide my input by e-mail. I am the neighbor most affected by the Variance Request because the proposed extension of the Martins' garage is just a few yards from the western boundary line of my property and directly within the view from the front of my house. I write to inform you that I have no objections whatsoever to the proposed variance. Jim and Denise are terrific neighbors and I fully support what they plan to do with their garage. From my perspective, the proposed renovation would be a welcome improvement and I'm sure it will be done in a tasteful manner consistent with the rest of their home. Please make this e-mail part of the record for this Variance Request. If you would prefer for me to fax a signed'letter to you, please let me know. Please feel free to call me at 212.558.4608 if you would like to discuss this. Thank you. Anthony J. Colletta Home: 1657 Meadow Beach Lane Mattituck, NY 11952 Office: Sullivan & Cromwell LLP 125 Broad Street New York, New York 10004 Tel: (212) 558-4608 E-mail: collettaa@sullcrom.com MAR 1 0 2009 This e-mail is sent by a law firm and contains information that may be privileged and confidential. If you are not the intended recipient, please delete the e-mail and notify us immediately. 3/10/2009 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 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~ MARCH 19, 2009: 9:55 A.M. JAMES and DENISE MARTIN #6262. Request for a Variance under Section 280-114, based on the Building Inspector's November 7, 2008 Notice of Disapproval concerning proposed one-story additions and alterations to the existing dwelling, which new construction will be less than the code-required front yard setback of 60 feet on this 160,781 square foot parcel, located at Meadow Beach Lane extension (~Suter's Right-of-Way), Mattituck; CTM 116-4-31. IL~C~ 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: February 23, 2009. 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 ~I~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 tCax 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 February 20, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 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 March 2"d 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 al_~l 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 during the hear ng, prov d nq the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailing (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 March 11th: 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 or mail your Affidavit of Postin.q for receipt by our office on March 17, 2009. 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 Encls. #9200 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 ! week(s), successively, commencing on the 5th day of March, 2009. / .~.,.....~ ~'//~- Principal Clerk Sworn to before me this day of "~~2009. NOTARY PUBLIC-STATE OF NEW YORK NO. 01-¥0610~0~0 Qualified In Suffol~ Coul'lty LEGAL NOTICE --- SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 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, 53095 Main EO. Box 1179, SouthoM; New 11971-0959, on THURSDAY. MARCH 19. 2009: 9:30 A.M.M. MENSCH. LLC and NORTH FORK SELF STORAGE g 6259. Request for Variances, based on the Building Inspector's November 25, 2008 Notice of Disapproval, which states that a proposed public self-storage building with an Apartment is not permitted, for the following reasons: (1) under Section 280-64C, no single structure shall have more than 60 linear feet of frontage on one street and the building will exceed this frontage along Depot Lane, and fur- te 1[ be-I e sl~l~ ~8~#6256.a n d -# .67~76 as amend?:~-.~. ~&~E ~ B:' &nd ~EANINE 11 imu~" 'edj~0~6r the~rmnces, based ont ~FAGA ~l.(gmended) and 6243. Re- 964-1~,, ,,. '.'-~¢.~ ~&~kfLocati~nofProperty: ~.BbilgCg~spector'shnu~20,2009~ { quests for~n&s:unde~ Sections 280- 9:40 A.M¢ STE~N and C~~woo~ Drive ~(west~rly a~nd~dSoticeofDisapprovalconcern. {24and280-116B, based on the Building TINE GA~S g~6260. Req~ Iora -77--Z ~ .... . s~del, at Murel. also shown on the Map mg: (1) a proposed mar'adthaon'to the Inspector's February 23 2~9 amended Variance under Secllon ~0-15, based on of Laurel Park as Lot 15 and part of 16: ex,sung dwelling with a setback at tess Noti~ of Disapproval concerning pro- the Building Inspector's November 24. 2008 Notice of Disapproval conce(mng a prpposea sw~mmmg pool m a s~de yarn instead of the code-required rear yard. at 425 Rene Drive, Southold (Lot 3 on the 1978 Map of Gendron Minor Subdi- vision); CTM 54-6-4.1. 9:55 A.M. JAMES and DENISE MARTIN #6262. Request for a Vari- ance under Section 280-114, based on the Building InspectoCs November 7, 2008 Notice of Disapproval concerning proposed one-story additions and altera- tions to the existing dwelling, which new construction will be less than the code- required front yard setback of 60 feet on this 160,781 square foot parcel, located at Meadow Beach Lane extension (129 Suter's Right-of-Way), Mattituck; CTM 1164-31. 10:05 A.M.E. MARELI~ #6255. Re- quest to Waive a merger of two proper- ties under Zoning Code Section 280-11, based on the Building Inspector's No- vember 24, 2008 Notice of Disapproval, citing Section 280-10. q~is property is shown on the Map of Bay Haven, Lots 32 and 33 as: (1) CTM' 88-4-19 as va- cant land, with a nonconforming area of +/- 17.50~ square feet, and (2) CFM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17,500 square feet, at I160 and 1000 Bay Haven Lane, Southold. 10:20 A.M. FRANK ZAGARINO TRUST by Carey Zagarino # 6257. Re- quests for Variances under Section 280- 124, based on the Building Inspector's November 14, 2008 Notice of Disap- proval concerning a new single-famdy dwelling (after demolition of the existing building), for the reasons that the new 10:35 A.M BRIAN FRAWLEY = 6261, Request for Variances based on the Buqding Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretahon # 5039 (Waiz Appli- cation), citing Code Sections 280-112 and 280-124 for-the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwell- ing at less than 20 feet on a single side yard and less than 40 feet for total side yards. Location of Property: 4545 Hal- lock Lane (a private road), Mattituck: 10:50 A,M. FRANK PALiLLO and DIANE PALILLO # 6263. Request for a Variance under Sections 280-116-C and 280-124, based on the Building inspec tor's December 2, 2008 Notice of Disap- proval concerning proposed additions and alterations to the existing single- famdy dwelling, which new construction will bq less than the code-required mini- mum of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundview Avenue, Southold; CTM 59- 11:05 A.M, MARY E. MANNING g 6265. Request for an Interpretation and/ or Variance under Section 280-124, based on the Building Inspector's revised De- cember 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling: (1) which will be [ess than the code-required mini- mum 10 ft. side yard, and (2) which new construction will place the existing ga- rage in a side yard instead of the code- required rear yard. at 700 Terry Lane, than 100 feet from the top of the bluff adjacent to the Long Island Sound. and (2) concermng a proposeo single-story addition to the existing dwelling with a setback at less than the code-required 15 feel on a single side yard on this 24,053 square foot nonconforming lot. Locatipn of Property: 1425 Sound View Road, Orient, CTM 15-3 16. 11:40 A.M. HIGHLAND HOUSE FI, LLC g6253. Request for a Variance under Section 280d21G, based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed at- terations to an existing detached garage with (nonconforming) apartment above. The reasons stated are that "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permit- ted, unless a variance therefore shall have been granted by the Board of Ap- peals. The building-Inspector's Notice of Disapproval is based on a Pre-Exisfing Certificate of Occupancy application in- spection report dated 10/27/08 tllot states that the existing detached garage with apartment above has not been used in years. Location of Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-11-7.12. 12:00 RM. PAUL KATZ g6258 - Re quefit for a Variance under Section 280- 15(F), based on the Building Inspector's June 23.2008 Notice of Disapproval con- cerning a proposed accessory garage at a setback of less than the code-required posed additions and altera'4ons to [ne existing single-family dwelhng al leSS than the code-rcqmred minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead ad- jacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000 12:15 EM. ROMANELLI REALTY, INC. g6224 and g6100. (Continued hear- ings pending additional information from applicant.) Locati&l of Property: 36660 Route 25 (South Side of Mum Road), Cutchogue; CTM 97-3-3.1 (for- merly 97-3-3). Request for Variances and Special Exception related to a proposed contractor's yard and three prinmpal buildings on this 63,338 square foot lot in the LB Limited Business Zone D~strict. 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 statements before the conclusion of each hearing. Each bearing 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 e-mail: Linda.Kowalski@Town. Southold.ny.us, Dated: March 1.2(109. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Locatmn) 53095 Main Road (Mailing/USPS) HO. Box 1179 SouthoM. NY 11971-0959 9200 1T 3/5 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MARTIN, J. & D. #6262 MAP #: 116-4-31 VARIANCE: SETBACK REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, MARCH 19, 2009, 9:55 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............ NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO, OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT F~ORYouR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............... NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: /.~ [0 53095 Main Roach, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mr. Thomas Isles, Director Suffolk County Department of Planmng P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: December 8, 2008 PleaSe find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6262 Applicant's Request: Within 500 feet of: Owner/Applicant: Martin, J. & D. Setback ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM. Parcel #1000- ]]{~ - ? -3 j 'X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the ;2 ~ day of ~ ,2007', I personally mailed at the United States Post Office in /ZI:-,L~'~t~-~L-~ , New York, by CERTIFIED MAIL, RETURN. RECEIPT RE"'QUEST~'D, a true copy of the attached Legal Notice ia prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (~)'Assessors,'or ( ) County Real PropertY Office ~~J , for every property which abuts and is across a public or private street, or ,~hicular right-of- way of record, surrounding the app~ (Signature) Sworn to b..efore me this --~,~..~ ' day of t, (Notary Public) ~qo. OILI6II0900 (~allfl~l in Su~o& Coumy _;~,,,,,,,i,~ion ibiphu Juno 01, 3013, PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers next to the owner names and addresses for which notices were mailed. Thank you. Cer'fifle~ Fee (~mem R~ul~) $2,~ Hem ~,~0 JJ P .~. Anthony & Joanne Colle~a I , $1.17 0935 or PO Box No. .1 ......................... ................ ti~5 Mea~lo.~. Beach Lane state, z~ . - - - ...................................... · Complete iteres 1, 2, and 3. Aiso compiste Item 4 if Rest~cted Delive~ is desired. · Print your name and address on the revefso so that we can tatum the card to you. · Attach this esrd to the baok of the maJlpisca, 2. Article Number PS Form 3811, February 2004 B. Received by I Addressee YES, enter delivery address below: 3. Service Type Certified Mall I~---trlcted Delivery? (Extra Fee) [] Yes 7005 0390 0004 1184 7779 · Compiste items 1, 2, and 3. Also complete item 4 if Restricted Detivery 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 mailplece, or on the front if space permits. P/atrick Scollard 129 Stratford Ave. Garden City, NY 11530 [] Agent r-'l AddreSsee ¥ ( Pflnted Name) I 3. Sewice Type ~[ Certified Mall [] Express Malt [:] Registered [] Retum ReCalpt for Memhan~ [] Insured Malt [] C.O.D. 4. Re~f~ictdd Dalive~ (Ex/m Fee) []yes 2. AslJcle Number (Transfer from ~ lebel) 7005 0390 0004 1184 7748 · 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 tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. JulieAmper Joseph Lee 1645MeadowBeachLane Mattituck, NY 11952 2. /u~cle Number ('Transfer from sen4ce label) i PS Form 3811, February 2004 DYes ff YES, enter delivery address balow: [] No 3. Service Type II~Ce~fled Mall [] Expmam Mall /~:] Reglsterdd n Return Receipt for ~ise ~[] Insured Mall [] C.O.D. ~4. Restricted Delivery? ~ Fee) [] Yes 7005 0390 0004 1184 7724 · Complete items 1, 2, and 3. Nso com~le~ item 4 if Restricted Delivery Is desired. · print your name and address on the mveme so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Anthony & Joanna Collett~ 24 South Lewis Place Rockvilie Ctr, NY 11570 [ ps Form 3Rlt ~' ...... "'"'"" 7005 · Comptate items 1,2, and 3. Nso complate item 4 if Restricted Delivery is deslmd. · print your name and addreSS on the reverse can return the card to you. so that we ~ ~- .~-~ hack Of the reailplece, · Attanh this cam su ~'~ or on the front if space permits. 1 Nfl(~le Addl~ssed to: Received by (Printed Name) I'1 Return Receipt for Merchandise · Restricted Delivery'/{Extra Fee) I'-I yes 0390 0004 1184 7755 o~ Delivery OYes Type · Coreplete items 1, 2, and 3. Also complete itere 4 if Restricted Delivery is desired. · Print your ceree and address on the reverse ~ that we can return the card to you.. · ~Ttt~ch this card to the back of the malpiece, or on the f~ont if space permits. __ __ 1. Alticle Addressed to; ~ Bayview & Mattituck Home P.O. Box 871 Mattituck, NY 11952 D. ~f y~,~ent~ddel~h/~ address b~. r'lNo ; ce M~l n rr.~Xess Mai Registered 1:3 t4~um p~c~pt for Memhaed~se Ins~md M*m~ E3 C.O.D. 4.~-~'~'--cted D~ive~? ¢x~a ~ee) [3 yes -- PS Form 3811, FebrUary 2004 Domeettc Return P~ · Complete items 1, 2, and 3. Also complete · Item 4 Jf Restricted Delivery is desired. E] Agent · Pdnt your name and address on the reveme so that we can return the card to you. 1'9 Add,~.~ · Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: D. la d~;vefy addn~s different f~xn Item 1 ? [] Yes If YES, enter delivery address below: I-I No John Strode Wendy Krammer P.O. Box 511 Mattituck, NY 11952 3. Sen/ice Type ~Certifled Mail I-I Express Mail [] Registered I-I Retum Receipt for Merchandise r'l Insured Mail [] C.O.D. 4. Restricted Delivery? ,(Ex~a Fee) [] Yes 2. ~ulicle Number (r~s~m~/st~) 7DD5 n39D DDD4 1164 7731 PS Form 3811, February 2004 Domestic Re~um ~ 102595-02~1.1540 · Complete items 1, 2, sod 3. Also COmplete item 4 if Resbfcted Detive~j is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the fi'oct if space permits. Suter, Martin Trust- Alma T. Suter 1642 Meadow Beach Lane Mattituck, NY 11952 Number B. Recelved by ( pdnted j D. IS delivery ;~T~ ~ different from iteal 1 ? ~f YF-~, enter d~lve~ addres~ below: ~ Reg--' ' .,~ Return Receipt fo~ Memhandlse 4, Restricted []Yes ~'?~'~?~,~?~ 7005 0390 0004 1164 7717 PS Form 3811, February 2004 ~ Seme~c R~m~ R~a~ 02/23/2009 11:17 6317550064 ZONINGBDOFAPPEALS PAGE 07/08 ZONING BOARD OF APPEALS ,TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli ,c~nt) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) --X , New York, being duly sworn, depose and say that: On the I{ day of /14~/4'.._' ,200 ~, I personally placed the Town's official Poster, with the date ct hearing and nature of my application noted thereon, Securely upon my property, located ten'(lO) feet or closer from the street or right-of-way (driveway entmnca)- facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject headng date~~~~e (Signature) (-/ SwOrn to before me this day of (Notary public) ~:;'"";. Pubiic, State of New No, 01RI6042467 Old,lib!ed [r~ Suffolk County Co,m;?;~,~i~m Expires May 30, *near the entrance or, driveway entrance of my property, as the area most visible to passersby, Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 4, ')009 Thomas Samuels, R.A. Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: ZBA File No. 6262 -Variance (Martin Premises) Dear Mr. Samuels: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's April 23, 2009 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Encl. Linda Kowalski 1.l 4.1 -N- OF SUFFOLK (~ Real ?roperfy [ax Service Agency SOUTHOLD 1000 SECTION NO