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Home My WebLink About6246 ~&,~Jffice Location: Town Annex/First Floor, Capital One 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 RECEIVED dUN C 2OO9 outhold Town Clerk FINDINGS, DELIBERATIONS AND DECISION MEETING DATE: May 28, 2009 ZBA FILE # 6246- ALAN CARDINALE JR., Applicant PROPERTY LOCATION: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails 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 parcel is a conforming 81,949 sq. ft. parcel in the Residential R-40 District. It is uniquely shaped like a peninsula, surrounded by Wunneweta Pond and a creek on three sides. The landward property line measures 157.35 ft. It is improved with a two story frame house and accessory garage under construction. BASIS OF APPLICATION: Request for Variances under Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-b~ilt demolition of an accessory garage), which new construction is proposed at less than the code-required minimum:' (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. LWRP DETERMINATION: A Letter dated April 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The letter noted that "The proposed residentialstructure is located within an AE base flood elevation of 8 feet; an area of special flood hazard with a 1% or greater chance of flooding in any given year. This is the regulatory standard also referred to as the "100-year flood." Southold Town Code requires that the structure be flood compliant pursuant to Chapter 148 Flood Damage Prevention.", At the request of the Board, the applicant's attorney, Mr. William Goggins, submitted a letter of response dated April 27, 2009 in which he notes that the LWRP Memorandum inaccurately states that "The proposed residential structure is located within an AE flood elevation of 8 feet, when, in fact, the application is for an accessory garage, not a residential structure." In a memorandum dated May 15, 2009, the LWRP Coordinator, Mark Terry cited Chapters 148-18 and 148-9 in which residential and non-residential structures are defined, concluding that the differentiation of structure is based upon type of use, therefore an accessory garage located on a residentially zoned parcel is a residential structure, which Page 2 - May 28, 2009 ZBA # 6246 - Alan Cardinale, Jr. CTM 118-1-9 had been verified by the Town's Flood Zone Administrator. A letter confirming that the elevation and foundation of the accessory garage is elevation 8.0 ft was received from Land Surveyor, Nathan Taft Corwin III dated April 24, 2009. The Board also received a letter from Suffolk County Soil and Water, dated February 4, 2009, signed by Nicole Spinelli, District Technician, indicating that upon site inspection, "no natural resource concerns were observed at the applicant's property with regard to the accessory garage under construction." The Board finds that the applicant has taken sufficient measures to mitigate inconsistencies with LWRP policies as noted in the determination and conditions below. RELIEF REQUESTED: The applicant has demolished an existing accessory garage which was located 4.2 ft. from the front yard setback and proposes to construct a larger accessory garage (under construction), with a front yard setback of 13.8 ft where the code requires 50 ft., and located 31 ft. from the existing bulkhead on Wunneweta Pond where the code requires a 75 ft. setback. ADDITIONAL INFORMATION: At the Public Hearing in April 23, 2009, the applicant's attorney, William Goggins, submitted to the Board of Appeals, the legal definitions of front yard, side yard and rear yards, arguing that the subject property is uniquely shaped like a peninsula surrounded on three sides by water and subsequently the location of the proposed accessory garage does not accurately fit into any of these definitions. Moreover, the applicant had assumed the location of his accessory garage to be in his side yard and had attempted to comply with the code required side yard setback of 15 ft. However, an error by his surveyor located the structure at 13.8 ft. Mr. Goggins also submitted a color coded tax map of the neighborhood, 32 photographs taken from the water, and a list of names and addresses of 33 property owners on Wunneweta Pond and Fisherman's Beach that all have accessory .structures located within 30 ft. of the water. Mr. Goggins further submitted signed and notarized affidavits from the property owners to the east (John and Sarah Miller) and to the south (Walter and Mildred Silbernagel) both supporting the variance application and confirming that an accessory garage with habitable space had always been there, noting that the removal by the applicant of habitable space for a proposed garage use only was a less intense use and more consistent with the character of their neighborhood. 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. Substantial evidence was presented to the Board at a public hearing, in addition to first hand observations frOm site inspections by Board members, confirming that accessory structures located within 30 ft. of the water in this neighborhood are common. Moreover, the closest structure to the applicant's prOposed garage is the easterly neighbor's accessory structure, which is also located at a similar distance frOm the bulkhead on the pond. The previous accessory garage that the applicant demolished contained habitable space, and the conversion to a garage only use is less intense and more in keeping with the neighborhood. 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 proposed location in a front yard on this parcel which is surrounded by water on three sides is the only feasible location available for an accessory garage. 3. Town Law §267-b(3)(b)(3). The variance granted herein for the front yard setback is not substantial in so far as there is ambiguity in the interpretation of the definition of a front or side yard on this uniquely shaped parcel, and if the proposed location for the accessory garage was deemed to be in a side yard, the variance requested is for only 1.2 ft. The variance granted of 31 ft. from the 75 ft minimum code required bulkhead setback is 58.6% and is substantial. Page 3 - May 28, 2009 ZBA # 6246 - Alan Cardinale, Jr. CTM 118-1-9 4. Town Law §267-b(3)(b)(5). A) The difficulty has not been self-created but is the result of the unique shape and location of the subject property. If the applicant were to comply with the 75 ft. setback from the bulkhead there would only be reom for a 7 ft. accessory structure. B) The difficulty has been self-created inasmuch as the applicant proceeded to build this building without a permit. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant has removed a cesspool and an impervious.asphalt ddveway and replaced it with pervious material, installed drywells to contain roof runoff, and the exisiing bulkhead along the pond is in very good condition. The applicant has established a 10' non-turf buffer between the accessory garage under construction and the bulkhead. A letter dated February 4, 2009, from Suffolk County Soil and Water, indicated that no natural resource concerns were observed at the applicant's property with regard to the accessory garage under construction. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory 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 Chairman Goehdnger, and duly carried, to GRANT the variance as applied for, and shown on the survey dated September 23, 2008 prepared by Nathan Taft Corwin III, Land Surveyor, and the amhitectural drawings by MCH Design Services, Sheets Al- A6 dated October 23, 2008, subject to the following Conditions: 1. The accessory garage shall contain only the utility of electricity, shall not be heated, and the attic space shall be used for storage only. 2. A 10 ft. non-turf buffer planted with native plants such as rosa ragusa between the accessory garage and the bulkhead; and this non-turf buffer shall be continuously maintained. 3. The accessory garage must be fitted with gutters and leaders that discharge into a drywell to contain surface water and prevent damage from storm water runoff to the creek and Wunnewetta Pond. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon, and Schneid~cz_J_Member We, Jsman was absent). This Resolution was duly adopted (4-0). _ J un~ ~~~~'~-"~ -5 t w 28.06' 88.82' ¢¢¢, ¢ gO 75.55' TEST HOLE DATA SURVEY OF PROPERTY SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-118-01-3.1 1000-118-01-09 SCALE 1"=30' DECEMBER 27, 2004 DECEMBER 3, 2006 ADDED PROPOSED ADDITIONS DECEMBER 20, 2005 ADDED ADDITIONAL NOTES JULY 25, 2008 UPDATE SURVEY SEPTEMBER 25, 2008 ADDED GARAGE PROPOSAL LOT AREA DATA (TO TIE LINES & BUL~(HE~D) S.C. TAX No. 81,949 sq. ff. 1000-118 01-09 1.881 <nc. NOTES. 1. THIS PROPERTY IS SHOWN AS PART AMENDED MAP A OF NASSAU POINT FILED IN THE OFFICE OF THE CLERK ON AUGUST 16, 1922 AS FILE No. 156. 2. ELEVATIONS SHOWN ARE REFERENCED TO N.G.V.D. ~. NO ADDITIONAL FILL SHALL BE REQUIRED. 4. THIS PROPERTY IS IN FLOOD ZONE AE (EL 8) AS FLOOD INSURANCE RATE MAP No. 56105C0502 6 ZONE AE- BASE FLOOD ELEVATIONS DETERMINED OF LOT 116 ON OF SUFFOLK COUNTY 1929 DATUM. SHOWN ON EXISTING LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 66.184 sq. ft. DESCRIPTION AREA % LOT COVERAGE HOUSE 3,289 sq. ft. 5,0% VOOD PORCh 2,405 sq. ff. 3.6% GAZEBO 100 sq. ft. 0.2% PREVIOUSLY EXISTING 316 sq. fl. 0.5% BUILDING PREVIOUSLY EXISTING 165 sq. fl. 0.2% DECK PREVIOUSLY EXISTING 580 sq. fl. 0.9% DRIVEWAY TOTAL 6,855 sq. ff. 10.4% PROPOSED LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 66,184 sq. fl. DESCRIPTION AREA % LOT COVERAGE HOUSE 5,259 sq. fl. 5.0% WOOD PORCH 2,405 sq. fl. 3.6% GARAGE 761 sq, ft. 1.1% GAZEBO lO0 sq. ft. CONC. PAD 54 sq, ft. 0.1% TOTAL 6,609 sq. ff. 10.0% RINAL MAP'1 EVIEWED BY ZBA/ ISEE DECISION # ~ / ~OATEO ~.~._ I~__~.. ' '~_.~_~J RECEIVED V 2008 THE £XISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. pREpARED IN ACCORDANCE WI STANDARDS FOR TITLE SURVEYS AS E' By THE LIA,LS. AND APPROVED Ar N,Y,S, Lic No 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (631)727-1727 0.2 11 .~ 27.32' 67.83' 83.73' \ TEST HOLE DATA 3 SURVEY OF PROPERTY SYTUA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-118-01-5.1 1000-118-01-09 SCALE 1"=30' DECEMBER 27, 2004 DECEMBER 3, 2006 ADDED PROPOSED ADDITIONS DECEMBER 20, 2006 ADDED ADDITIONAL NOTES SEPTEMBER 22, 2008 REVISE NOTE FOR RECONSTRUCTION LOT AREA DATA (TO TIE UNE5 ~ 5UU~B~O~ S.C. TAX No. 82,557 sq. fl, 1000-118-01 09 1.895 ac. NOTES: 1. THIS PROPERTY IS SHOWN AS PART AMENDED MAP A OF NASSAU POINT FILED [N THE OFFICE OF THE CLERK ON AUGUST 16. 1922 AS PILE No. 156. 2. ELEVATIONS SHOWN ARE REFERENCED TO N.G.V.D. 5. NO ADDITIONAL FILL SHALL BE REQUIRED. 4. THIS PROPERTY IS IN FLOOD ZONE AE (EL B) AS FLOOD INSURANCE RATE MAP No. $6105C0502 G ZONE AE: BASE FLOOD ELEVATIONS DETERMINED OF LOT 116 ON OF SUFFOLK COUNTY 1929 DATUM, SHOWN ON EXISTING LOT COVERAGE DATA OVER WETL4ND ADJACENT AREA WETLAND ADJACENT AREA= 66,184 sq. DESCRIPTION AREA % LOT COVERAGE HOUSE 3,174 sq. ff. 4.80% OUT BUILDING 516 sq. fi. 0.48% DECKS 755 sq, fi, 1.11% ROOF OVER PORCH 245 sq. ff. 0.37% PATIOS 1,095 sq. ff. 1.65% GAZEBO 100 sq. ff. 0.15% TOTAL 5,665 sq. ff. 8.56% PROPOSED LOT COVERAGE DATA OVER WETLAND ADJACENT AREA WETLAND ADJACENT AREA= 66,164 sq. fl. DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 3,174 sq. fl, 4.80% EXISTING OUT BUILDING 816 sq. ff. 0.48% EX[STING DECKS 550 sq. fl. 0.83% EXISTING ROOF 245 sq. ft. 0.37% OVER PORCH EXiSTiNG 100 sq. ff. 0.15% GAZEBO PROP. ROOF OVER 400 sq. ff. 0.60% PATIO & DECKS PROPOSED POOL BO0 sq. ff. 1.21% TOTAL 5,585 sq. ft. 8.44% THE EXISTENCE OF RIGHT OF WAYS AND/OREASEWENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S. [_lc. No, 50457 Nathan Taft Corw n III Land Surveyor PHORE (631)727-2090 Fox (631)727-1727 FRONT ELEVATION LEFT ELEVATION SCALE: 1/4"= 1'-0" I I )hone (631) 2982250 michael@mchdesignservices.com DRAWN BY: MH October 23, 2008 SCALE: 1/4" = 1'-0" SHEET NO: REAR ELEVATION SCALF: 1/4": 1'-0" RIGHT ELEVATION SCALE: 1/4" = 1'-i0" M ~, H www.m h si n ervi s. m phone: (631) 298-2250 e-mail; michael@mchdesignse~ices, com DRAWN BY: NH October 23, 2008 SHEET NO: FOUNDATION PLAN SCALE: 1/4" = 1'-0' 298-2250 michael@mcfldesignserHces.com DRAWN BY: MH SHEET NO: FLOOR PLAN SCALE: 1/4" = 1'-0' FINAL MAP JREVIEWED BY ZBA JSEE DECISION # ~'(~ LDATED_.~ I ~1 ~ C H www. m h si ns rvi s. m phone: (631) 298-2250 e-maih michael@mchdesignserv fces.ce m DRAWN BY: MH October 23, 2008 SCALE: 1/4" = 1'-0" SHEET NO: ROOF PLAN SCALE: 1/4" = 1'-0' FINAL MAP REVIEWED BY ZBA SEE DECISION # 6 2~/C~ DATED ~ / ~ / 2o ~,~ M H ww~'~ hdesi nservi . m phone: (631) 298-2250 e-maih michael@mchdesignser~ices.co n DRAWN BY: MH October 23, 2008 SCALE: 1/4" = 1'-0" SHEET NO: 3/4" A~A pLy1NCOD WIND-BORNE DEBRIS PROTECTION FOR WOOD STRUCTURAL PANEl AS PER TABLE 1609.1.'$, N.Y.S. RES. CODE: ALTERNATIVE FOR OPENING PROTECJ I iON (IF NOT USING IMPACT GLAZ]NG) W]NDBORNE DEBRIS PROTECT]ON FASTEN[NG SCHEDULE FOR WOQD STRUCTURAL PANELS WOOD STRUCTURAL PANELS WTrH A M]N]MUM TH]a(NFSS OF 7/16" SECTION A-A SCALE: 1/4" = 1'-0" M C H (631) 298-2250 DRAWN BY: MH October 23, 2008 SCALE: 1/4" = 1'-0" SHEET NO: Nat~aft Phone:631-727-2090 Corwin III Land Successor toJosephA. Ingegno 322 RoanokeAvenue RO. Box 1931 Riverhead, NY 11901-0965 E-Mail: NCorwin3@aol.com Fax:631-727-1727 APR 2 8 2009 April 24, 2009 Alan Cardinale Jr. 1134 Bridge Lane Cutchogue, New York 11935 RE: Elevation of the foundation of the garage at 1134 Bridge Lane, Cutchogue Dear Alan: The elevation of the foundation of your garage at 1134 Bridge Lane, Cutchogue is at elevation 8.0 feet as referenced to the NGVD Datum of 1929. Should you have any questions, please do not hesitate to contact me at anytime at the d Surveyor djc r Names Addresses, SCTM 1000-118.00-01.00-001.001 Walter & Mildred Silbemagel 26 Old Woods Saddle River, New York 07458 1000-118.00-01.00-018.004 John & Sara Miller 1132 Budge Lane Cutchogue, New York 11935 1000-118.00-01.00-018.003 Katherine F. Perretta 400 East 52n(~ St. Apt. 31 New York, New York 10022 1000-118.00-01.00-015.001 Mayne, Frederick H. Q.P.T. Mayne, Donna L. Q.P.T. 96 Independence Trl. Totowa, New Jersey 04712 o I000-118-01.00-013.001 McSherry QPRC I Trust, McSherry QPRC II Trust, McSherry QPRC III Trust and McSherry QPRC IV Trust P.O. Box 1300 Cutchogue, New York 11935 1000-118.00-01.00-002.000 Christopher Pia 4 Ashfield Lane Greenwich, CT 06831 1000-118.00-01.00-001.004 John Spicer & Kathleen Spicer 443 Highbrook Ave. Pelham, New York 10803-2225 Photographs 1 2,3 4 5,6 7 8,9,39 10,11 1000-111.00-14.00-001.000 Geraldine Ferend 24 Thoreau Ave. Lexington, MA 02420 12 1000-111.00-14.00-012.000 Kohn, Daniel K. Living Trust 500 Little Peconic Bay Rd. Cutchogue, New York 11935 13, 14 10. 1000-111.00-14.00-016.000 Profeta, Robert - Family Trust Profeta, Gloria - Family Trust 1060 Little Peconic Bay Rd. P.O. Box 1255 Cutchogue, New York 11935 15 11. 1000-111.00-14.00-018.000 Rocco Resciniti Eileen Resciniti 5 Maryland St. Dix Hills, New York 11746 16, 17, 21 12. 1000-111.00-14.00-024.000 Sebastian Avolese Rosemary Avolese 25 Townsend St. Glen Head, New York 11545 18, 19 13. 1000-111.00-14.00-020.000 Michael E. Kontokosta & Dina Kontokosta 1800 Little Peconic Bay Rd. Cutchogue, New York 11935 20 14. 1000-111.00-14.00-027.001 Roger Coombe 1050 Park Ave. New York, New York 10028 (3 Story) 21, 22 15. 16. 1000-111.00-14.00-031.000 Posillico Montauk Associates 1610 New Highway Farmingdale, New York 11735 1000-111.00-014.00-033.001 Cardinal East Coast Development LLC P.O. Box 77 Mattituck, New York 11952 23,24,25 26 17. 18. 19. 20. 1000-111.00-014.00-036.006 Rust Family Partnership I, Ltd. 2600 Doyle Rd. Unit 604 Coral Gables, FL 33134 1000-118.00-02.00-004.002 Brennan PA Per Res Trust 1663 Bridge Lane Cutchogue, New York 11935 1000-118.00-02.00-006.001 James Weeden and Justine Weeden 1175 Bridge Lane Cutchogue, New York 11935 1000-118.00-02.00-009.000 Jane A. Nelson 136 Wickham Rd. Garden City, New York 11530 27 28,29,30,32 31 33 21. 34 1000-118.00-02.00-010.000 Richard & Janet E. Downing 1280 Bayberry Rd. Cutchogue, New York 11935 22. 1000-118.00-02.00-012.000 Joyce A. Sampieri 1380 Bayberry Rd. Cutchogue, New York 11935 35 23. 1000-118-02.00-014.001 36 Joseph Flotteron III & Nora Flotteron 44 Cradlerock Rd. Princeton, New Jersey 08540 24. 1000-118.00-05.00-002.002 37 Dennis J. Hickey & Kathleen A. Hickey 1 Buckingham Court St. James, New York 11780 25. 1000-118.00-05.00-002.001 38 Philip & Maria Baffa 140 Roxbury Rd. Garden City, New York 11530 26. 1000-111.00-01.00-024.000 40 Anthony S. Campo & Angela Campo 17 Sea Forth Lane Huntington, New York 11743 27. 1000-111.00-01.00-023.001 41 Gerald I. Gelbwaks & Maureen M. 71 Lee Water Ave. Massapequa, New York 11758 28. 1000-111.00-01.00-017.002 42 Peter Ganley & Maria Ganley 23 Fairview Ave. East Williston, New York 11596 29. 30. 31. 32. 33. 1000-111.00-01.00-031.000 Peter Ganley & Maria Ganley 23 Fairview Ave. East Williston, New York 11596 1000-111.00-01.00-016.000 Frank B. Curran and Sandra R. Curran P.O. Box 739 Cutchogue, New York 11935 1000-111.00-01.00-014.000 Elizabeth J. Homan P.O. Box 738 Cutchogue, New York 11935 1000-111.00-01.00-013.001 Lauren Praus & Mark Schwartz 375 Fisherman's Beach Rd. Cutchogue, New York 11935 1000-111.00-01.00-006.000 Alan Sucher and Teresa Montano Sucher 71 McCord Avenue Merrick, New York 11566-4228 (Across St.) 43 44,45,46 47 48,49 50,51,52 TO: Alan Cardinalc Jr. PO Box 561 Mattituck, NY 11952 FORM NO. q NOTICE OF DISAPPROVAL RECEIVED - NOV ,5 ZONING BOARD OF Oclobcr 20, Please take notice that you!~,.~clication dated July 31, 2008 For permit lor an as bnilt'e~r'd~cmolition of an existing accessory garage and construction of a new accessory ga[age (cur_r.¢ntly under construction) at l,ocalion of property 1134 Bridge Lags, Cutchogue, N_y County Tax Map No. 1000 - Section 11~8 Block_l_ Lot 9 Is retm-ucd herewith and disapproved on thc IUllowing grouuds: Thc proposed accessory g_a_ragc, o~n this conforming 81,949 square lbot parcel in the Residential R-40 District, is not permitted pursuant to Article Ill, Section 280-15 (C), which states~ "ln the casc ol'a waterfront parcel, acc_c_ssory buildings and structures may be located in the fi'ont yard, provided that such buildings and structures meet front yard setback requirements as set forth by thi_s ]l'hcrclbre~tbc c_og~struction is not pcrmitted pursuant to Article IV, Section 280-18, which states, "No buildingor premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Resideutial R-40 District unless the same conforms to the requiremenls of the Bulk Schedule and of the Parking Schedule, with thc same force and effect as if such regulations were set Ibrd) hcrein in full." Bulk schedule requires a minimum front yard setback o1'50 feet. Thc "under-construction" accessory garage is noted as being +/- 13 tizct Ii'on) the front prgperty line. In addition, the "under construction" garage is ngt permitted pursuant to Artcile XXII, Section 280-116B, which states, "All buildings located on lots upog which a bulkhead, concrete wa!l, riprap or similar structure exisls and which are adiacent to tidal water bodics other that sound&=shall be set back not less than seventy- five (75) f'cet from the bulkhead." Thc accessory garage is noted as being +/- 31 l'cct from thc existing bulkhead. This No/.icc of 4)isappm~. al w'a'Sqs~uc~d based on a survey [_~y Nathan 'raft Corwin, LS, lasted dated July 25, / ~r~zcd Si¢~ ~ture~~ CC:/lie, Z.B,A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. - ' ~ .., , , For Office Use Only Et ~, ,/ , f ~/. ~ I Fee: ~I~), Filed By: (.~ . ~lrf~ i tO O_/~o. Date Assigned/Assignment No. ~ ~~ ~ Parcel House No. ll3q Street~r,Jqe ~n~ Ha~et C~9~,~ .... ¢ ~ , r ,--- xvt:l; O~ APPEAL~ SCTmlOOOSectionllq ~lockOi, Lot(s) Oq LotSize I,~ ad~(~$ Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: I0 ).9-0 ]oqO0~' Applicant/Owner(s): PCll2t~ ~ Q.4LF~t~O~/0QOrln~_. ~J,& Address:Mailing ~0 ~O~ ,~{ ~~ M~ tlq&-~ Telephone: ~ i ' ~q 5- ~3~ NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: for ( ) Owner, or ( ) Other: Address: Telephone: Pleas/¢check box to specify who you wish correspondence to be mailed to, from the above names: [~Applicant/O~vner(s) [] Authorized Representative [3 Other Name/Address: WHEREBY THE BUILDING1NSPECTOR DENIED AN APPLICATION DATED FOR: ~/B uilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article '~ Section280- I~'' ) IR ) ~[/,~ {~ 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 [] has ~has not been made with respect to this property UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant:~10~, $c.~I~R~,~TM # ZBA File # ~tTL~o REASONSFORAPPEAL(additi°nalsheetsmaFbeusedwithpreparer'ssignatur~: A~A VARIANCE REASONS: (1) An undes,rable' change will not be produced in the C~CTER o] zoNthe n~h~o~or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the appliean, t to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial be~eause: (4) The variance will NOT have an adverse effect or i~mp. act on the physical or environmental conditions in the neighborhood or district because: .¢--{t r~.~c~ tY) .~LfD~ ~ ~/-P.J-4~ C{~,o -~ ' ~--- ' /~ ~ n~. ~ ,q _ ~1-- .'~.~ I.- ~ ~ '_.~ ' L~ . - .~ I (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. / Are there Covenants and Restrictions concerning this land: [3 No. ~Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND, PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) S~gnature o!: Appellant or Authorized Agent Sworn t.q hefnre me this ~F~ (Agent must submit written Authorization from Owner) d~y of _,~Oe~O~, 20 0 g . , Notary Public i,,lmly i:Mla4c - s~.~,~ of New Yo~ No. 01MC6101870 A~l~lication by: Office Notes: Page 3 Assigned Application No. ~ ~ I:::~1::: IVl::: Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zonlng regulations for the particular district where the property Js located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating fo the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: S. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.} 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) / (~/) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.} Otherwise, please proceed to the signature and notary area below. Sworn to before me th~s 5 I (Notary Public) Signature o~ Appellant or Authorized Agent (Agent must submit Authorization from Owner) ~ McKINNON No. 01MC6101870 My Commission Expires N~. 17, 20 H ZBA App 9/30/02 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor 9-:¢~oa: ~olc~ t[Lxgf~ck~ - Dimensions &new second floor: ~ C~ ~ Dimensions of floor above second level: r} ~ Height (from finished ground to top of ridge): 20 ' I I Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: o£1 ojc ¥ . Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~o_r~/~ Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficultv in meetin~ the code reauirement(s): / Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAH~E FOR FII,1NG WITH YOUR Z.B.A. APPLICATION Is the subject.premises listed on the real estate market for sale? [3 Yes D~qo RECEIVED ~OV ', ' ~N there any proposals to change or alter land contours? o U Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ¥ ~'% 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) I~'your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~te~ Please confirm status of your inquiry or application with the Trustees: ttp p ~, ca. Jrt o~ q~-O.-~l }~ql and if issued, please attach copies of permit with conditions and approged map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Bt) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Eo (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: gl& r x/~ ~ G. Do you or any co-owner also own other land close to this parcel? ~-q If yes, please label the proximity of your lands on your map with this application. / H. Please list present use or operat~ns conducted at this parcel f' ~,I~'[.~ ~-~er, iq f&liJe~_r.~ - ~tus~|elP-~m,I,/ I~e~t4ober~;~aan~roposed use <~.'~'[e ~mi J~' ~l,C'i'~ ~.~-~.t(.~_~t (example~: existing: single-family; proposed: same with garage or pool, or 6ther description.) A.~horized ~ignature and Date 2/o5; 1/07 TowJ~ of South old INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complet~-t~s CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. Tiffs assessrsent is intended to supplement other finformation nsed by a Town of Southold agency in rsaking a determination of consistency, *Except minor exempt actions including Builch'~g Permits and other ministericd 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 rsinor action list, policies and explanations of each policy contained fin the Town of Southold Local Waterkont Revitalization Program. A proposed action will be evaluated as to its signific,q~nt beneficial and adverse effects upon the coastal area (wlficb includes all ofSouthold Tova0. 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 detennfination that it is consistent to the rsaximurs extent practicable with the LWRP policy standards and conditions. If an action carslot be certified as consistent with the LYVRP policy standards and conditions, jt shall not be undertaken. A copy of the LWRP is available itl the lbllowing places: online at tile Toum of Southold's website (southoldtown.nortbfork.net), thc Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# lO00 The Application has been submitted to (cl~ck approp~5ate response): To.*n.oa., lq ~,an.~oard[ , .nil,i.~Dept. [--~ ~oardo, T~n~tees 1. Category of Town of Southold agency action (check appropriate response): (a) Action mldertaken directly by Town agency (e.g. capital [~ construction, planning activity, agency regulation, land transaction) [-~ (b) Financial assistance (e.g. grant, loail, subsidy) (5]~ -Perm~pprovall license, c6i'tifi~atiofii Nature and extent of action: Location of action: Site acreage: Presentlm~d use: Present zoning classification: ~ - q O ZONING BOARD OF APPEALS If an application for the proposed action has been filed with the Town of $outhold agency, the following information shall be provided: (a) Name ofapplicm~t: ~'I~M,~ ~- ~, ~ ,xTra,_ (b) Mailing address: (c) Telephonenmnber: AreaCode(~3[- MOc~'-- Ofl~C3,,~ Cc17.~ · (d) Application nnmber, 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? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development iii the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastrncture~ makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section Ill - Policies; Page 2 for evalnation criteria. [-~Yes ~ No ~ Not Applicable Attach additional sheets if necessary ~olicy 2: ProteCt a~ld pr6scrv~ historic and a~Chfieologicai ~g6urces 6f the Tow~ot' Sout~old~ See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria "' I--~-y;~ [] No [~/Not Applicable Attach. ,additionaI sheets if necessary P. olicy 3. Enhance visual quality and protect scenic resources throughout the Town of South01d. see LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [--] No [~] Not Applicable / R,ECE ZONING BOARD OF APPEALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria I~1 Yes ~ No [--] Not Applicable Attach additional sheets it' necessary Policy 5. Protect and improve water quality and supply in the Town of Sonthold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria [~Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Sign_ifican~ c0~sta! Fisl~ ~n_d_~V!ldlife FIabita~ aud ',~etland~ 5e~ LWRP Section III - Policies; Paces 22 through 32 for evaluation criteria. ~ ...... [-~yes ~-] NO ~ NO~ AppliCable 'Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Soutbold. Pages 32 through 34 for evaluation criteria. U Yes ~ No [--~/Not Applicable - Policies Attach additional sheets if necessary Policy 8. Minimize enviromnental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [~Yes [~ No ~] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, anti public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [-] Yes [] No [~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote ttmg of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long and Town waters. See LWRP Section III - Policies; Pages 57 through 62 [~Yes ~ No ~] Not Applicable for evaluation criteria. c Estuary Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [--] No ~-~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [-~Not Applicable Created on 5/25/05 1i.'20 AM 61Z21 Appendix C RECE!VED State Environmental Quality Review SHORT ENVIRONMENTAL A~SESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3, Project location: Municipalib/ County 4. Precise location (Street address and road intemections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION (".~MODIFICATION / ALTERATION 6, Describe project bdefiy: 7, Amount of land affected: Initially:q~'~- (~ ~,/.. t"' ~ ~-- '-~acres ~/.. '~/. CL~; , Ultimately: acres 8. Will proposed action comply wit~ existing or other existing land use restrictions:( ) YES ( ) NO If No, descdbe bdefly: 9. Wh/at is present ~and use in vicinity of project: (descnbe): l(~Residential ( ) Industrial ( ) Commercial ( ) Agedultural ( ) ParkJForesl/Open Space ( ) Other lO,,¢~.oes action involve a permit approval or funding, now or ultimately from any other Governmental agency,(FederaL State or Local) ? YES ( ) NO If Yes, list agency(s) and permfl/approvals: 1 t Does any asp,~of the ac'tJon have a currently valid permit or approval? ( ) YES ( V)'NO If Yes, list agency(s) and permWapprovals: 12. As a result of proposed action, will ex~sting permitJapproval require modification? I( ) YES (/NO If Yes, list agency(s) and pemlit/approvaJs: I certify that the information provided above is true to the best of my kn, owledge p,p,c .t spo eorN--: °ate: 'h?o Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~ gAt't~ACTIONAL DISCLOSURE FORM_ APPLICAB OWNER, CONTRACT VENDEE A~AGENT: The Town of Southold's Code ^~'v"-' ,.. ,,-r. tmcs prombits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the n~me of Someone else other entity, such as a company. If so, indicate the other person or compm NATURE OF APPEICATION: (Check all that apply.) NOV Variance Special Exception ~ Lo *Other ~ONINa BOAPO oF ~Pr, aAks Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationshi "inc blood marriage, or business interest. ' ' ~xc~anonstn -Includes h ~ "Business interest" mean_s a business includin, a a~ip, in which the Town officer or emp~ven ........... ~mtun, a ~)mlial ownershk of or em~.pXloyment bY~4tion in which the TQwn Of~o ee owns [note than 5% YES NO If you anxn~ered "YE,V", complete the balance of this form attd date and sign where indicated. Name of person employed by the Town of Soutbold: Title or position of that pe~ son: Describe that relationship between yourself (the applicant, agent or contract vendee) and tbe 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 ovmei of greater than 5% of the shares of the coqmrate stock of the applicant (when the applicant is a corporatkm); ~ B) the legal or beneficial o;~qier of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of/l~e applicant; or D) the actual applicant. DESCRIPTION OF RELA FIONSHIP Submitted this____ day of Signature: Print Name: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. RECEIVED ZONING BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33371 Z Date SEPTEMBER 7, 2007 Permission is hereby granted to: ALAN A CARDINALE PO BOX 77 MATTITUCK,NY 11952 for : ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. THIS PERMIT REPLACES EXPIRED BUILDING PERMIT #10092Z. CERTIFICATION MAY BE REQ. at premises located at County Tax Map No. 473889 Section 118 pursuant to application dated SEPTEMBER Building Inspector to expire on MARCH Fee $ 200.00 1134 BRIDGE LA CUTCHOGUE Block 0001 Lot No. 009 7, 2007 and approved by the 7, 2009. ~ ~u d~nat~u~e Rev. 5/8/02 COPY FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT RECEIVED ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33372 Z Date SEPTEMBER 7, 2007 Permission is hereby granted to: ALAN A CARDINALE PO BOX 77 MATTITUCK,NY 11952 for : CONSTRUCTION OF AN ACCESSORY GAZEBO AS APPLIED FOR. THIS PERMIT REPLACEg EXPIRED PERMIT #16419Z at premises located at 1134 BRIDGE LA CUTCHOGUE County Tax Map No. 473889 Section 118 Block 0001 Lot No. 009 pursuant to application dated SEPTEMBER 7, 2007 and approved by the Building Inspector to expire on MARCH Fee $ 100.00 7, 2009. ~thorized S~ature__ Rev. 5/8/02 COPY FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PEP34IT RECEIVED (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PEP, MIT NO. 33373 Z Date SEPTEMBER 7, 2007 Permission is hereby granted to: ALAN A CARDINALE PO BOX 77 MATTITUCK,NY 11952 for : ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE F~ILY DWELLING AS APPLIED FOR PER TRUSTEES/DEC AND SEPTIC CERTIFICATION at premises located at 1134 BRIDGE LA CUTCHOGUE County Tax Map No. 473889 Section 118 Block 0001 Lot No. 009 pursuant to application dated SEPTEMBER 7, 2007 and approved by the Building Inspector to expire on MARCH Fee $ 733.60 , '~_ .... 11 l~llO r i ze~ Signature Rev. 5/8/02 COPY ISSUED TO ~,~~3,~~ DATE ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. J'(OS 1~:18 %OUTHOLD BU~t{ tG DEP'f lfS3tTB$9%E~E '~'OV~q~ OF soUTItOLD BUILDING DEPARTMENT '1"O ~ N HALL sOUTHOLD, NY 11971 TEL: (631) 7654802 FAX: (63!) 765-9502 SoutholdTow n.NorthFork.nel I'ERM 1'I NO. REC APPLICATION ( HL(KIA5 need tl~c tbl[owiug, berate applying' Board ~t Hearth 200~ se~s, t Building FI;ms Plmml ~!~ Board appru'<al Examined ~-/~Tw- _, ', , ,' AFrLIC:A'rl FORHUI/L ~ INSTRUCTIONS / a, Th~s application MUST be completely filled ~ by typewhter or ill mk and sub. trod to the Buiktmg sets of plans, accurate plot plm~ to scale. Fcc according to schedule. b ~lot plan showing location of lot ami of buildings on premises, relation~p to adioining premises or public s/feets or areas, ami watcDvays. c ~t¢ work covered by this appbcatton may od be commeuccd bclbm msuance o¢ Btlildmg Permit. d l yon applo~al of this appticatkm, the Building ~spector will issue a Building l'e~it ~o dm applicant. Such a permd shall be kept on the premises available tut inspection throughoul thc work ¢ No bulldog shall be occupicd or used m whole or m pa¢ for any puqmse what so cvcr Bl/fd the Building bspcctor tssuc~ a C~d'icate of Occupancy. t Evew bBildmg pe~it shall expire if thc work authorized ha~ not commenced witch issuance or has not been completed within 18 months from ~uch date. If no zoning amendments or oilier regulations affecting th¢ property have bccn enacted in d~c interim, the Buiklmg Inspector may authorize, m writing, ¢~e extension of thc 1 ermit tbr an addiUon six mont~. Thereafter, ancw pemut shall bc required. .~PI,ICAT1ON IS HRREBY M~)E to the Building Depa~ment tbr thc issuance ora Boikling Pemm p~suant Budding Zone Clrdtnance of thc Town of Sou~ukl, Suffolk Counly, New York, and olhcr applicable Laws, Ordinances or Regulations, [k~r tt~e constriction oFbuildmgs, additions, m altcrati( as or h)r removal m demolition as herein described. The applicant ,agrees t(~ comply with all applicable law~. ordinances, buildiag code, housing cudc, and re.clarions, and to admit authorized i.speclors on premises and m building ¢(~r necessary tn~pc roms (Signature of appli,.;tm[ or name. if a corp,:,ration) (Mailing address of appl~cani) S[atc whether applicant ts ownel, lessee, agent, architect, enginccr, general contractor, clectrician, plumber or builder (As Oil the tax roll or latcst dccd) a co(po(arian, stbmaturc of duly authorized officer and title of corporate officer) Budders LIccilsc [No. Plumbers J~.lccnsc No, Etcctncim~s License Other T~ade's License No. Locatiun o[ land on which proposed wmk will bc done; - ' - Haml~ louse Number Street Subdiv,s,on Filed Map No, ._~q3~Sq__~Lot ' · 8~ 5(} ~d088 18:18 SUUTHOLO BUI qG DEPT 1651Y659SO~ PRGE5 ex istm · use and occt r, aucy of premises and intended use and occuvancy, of propos?t c,onstructiol',: State , g r ' ' ' g 0., ' b. Intended use and occupancy ,,~ ~ ~,~ Nature of work (chcck ~vhict~ applicablc): New Dmldil~g Addition ~ ~ Alteralio~ (Descfipli{m) (qo bc paid on ~llng this applJcahon) If dx~ e u g t umbe' of dwelling units Nulilber of dwelling units cm ~ach floor .... If garage, number oI cars ~ ~ I1 business, conlll~erciM o~ mixed occupallcy, spccH'y tlaturc alld extcnt ofcach type of usc. _ ..... Dimensions of ex~stipg stmcturcs, ii" any' Front Rear Depih Height Number of Stories Dimensmns of same structure with alterations o[ additions: Front Rear Depth Height Number of Stories Dimensions ofclltlrc ilcx~ COllStruclion: Front Rear ~Dept~ Height Number of Stories Size of lot: Front Rear _Depth Date ~ Purchase Name oJ' Forlller Owl)er I Zoneo, usc d;strict ur which prcmises are s'tt'ated [~%iC(4~.b~ Does proposed constrtlction violate any 7ogil)g law, ordinance or rcgulahon? YES 3. VVilI lot be rc-gF'adcd? YES ___ N() NO Will excess fill be rcmoved from pre'n'scs? YES NC) ...... 4 Names of Owner of prc~nises ____Addrt:ss Phone No. Name {)1 Architect Address, Phone No Name of Contractor Add~css __ Phone No. 5 a is this propc~ly within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF yES, SOUTH()LD TOV,'-N TI~,USTIcRS 8,: D.E.C. PERMITS MAY BE REQtJIRED. b. is this properly w~tlnin 300 feel ora tidal wutlandV * YES__ * IFYES, DEC PERMITS MAY BEREQIJIRED 6. P~ ovldc su~ x ey, to scalc, with accurate fotmdation plan and distances to properly 7, If cie,, alton at an}' point on properly is at 10 lcct m below, must provide topographical data o,~ sttrwey. 8. ?M'e there any covenants and rcslrJctmns wilJ~ respect to this prope~y? '" YES __ NO * [F YES, PRO¥1DE A C(~PY. T&TE ()b NEW YOgK) ~[&k fl ()CFC]( ~i& ~C being duly sworn, dcp,,scs and says thai (~)he is the applic;ml ~(Name of individual Siglllllg cotaract) above named, S)He ~s thc 0 ~ ~ r' (Ctmlractor, Agent. c'01'bm ate OfBccr~ etc) 4 smd owner er owners, alld is duly authorized I.o peilbHn ur have l)ettbm~cd thc said wurk and to nmkc ~ld tile this applicaUolx hat all statements coutained i2 ibis application a~c true to the bcsl o! his knowledge alld bclicl; and that the work will he ,ertbtmed in Ih¢ manne~ set forfl~ m the applicalion filed therewhh B~ McKINN~ ~ ~c- State of ~Y~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER S VILLAGE W DISTRICT SUB. TYPE OF BUILDING RES. LAND SEAS. IMP. ::od'GE J % 7 o oP'~a-_ NEW I NORMAL Farm Acre VL TOTAL FARM DATE BELOW Value Per Acre COMM. J IND. CB. MISC. Est. Mkt. ValUe ABOVE Value FRONTAGE ON WATER ~..7"- , ,',."~ d.; ~- FRONTAGE ON ROAD c~J-lj07 ~)p.]~ ~,~,"J3 Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland B rush la.~.~,,,;. House Plot Total ! .n,- t ' Foundation ....... ~ ..... ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-06-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIYED #6246 CARDINALE JR., A. & J. #2962 $600.00 NOV 7 2008 $o~ Ithold Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK ELIZABETH A. NEVll J,F,, 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 10, 2008 Zoning Appeal No. 6246 Transmitted herewith is Zoning Appeals No. 6246 of Alan A. Cardinale~ Jr. & Jeanne Cardinale- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Covenants and Restrictions, Building Permit #33371Z Dated September 7, 2007, Building Permit #33372Z Dated September 7, 2007, Building Permit #33373Z Dated September 7, 2007, Copy of Building Permit #33373, Notice of Disapproval from Building Department Dated October 20, 2008, Copy of Application for Building Department Dated July 30, 2008, Copy of Property Record Card (Both Sides), 2 Pages of Photos Showing Garage as it Exists, Survey of Property Showing Existing & Proposed Construction Dated September 22, 2008 Prepared by Nathan Taft Corwin II1, Land Surveyor, Survey of Property Showing Existing & Proposed Construction Dated September 23, 2008 Prepared by Nathan Taft Corwin III, Land Surveyor, 6 Pages of Plans for Garage Showing Elevations & Floor Plans Prepared by MCH Design Services Dated October 23, 2008 eTown of Southold P.O Box 1179 Southold, NY 11971 Date: 11/07/08 Transaction(s): 1 * * * RECEIPT * * * Application Fees Receipt#: 30377 Reference Subtotal 6246 $600.00 Check#: 2962 Total Paid: $600.00 ONING EIO~,RD OF APPEALc Name: Cardinale Jr., Alan P O Box 561 Mattituck, NY 11952 Clerk ID: CAROLH internal ID: 6246 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north forkmet 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 Date: ~9~ TOTALNO. OI=PAGESINCLUDIUGCOVER: SENDER'S TELEPHONE NUMBER: 765-1809 ~)ress 1 at voice recordi~) REFERENCE== [] URGENT ~"/F 0 R YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find altached COl]y/copies of the followh~g: Thalfl< you, Sender's hfitials: office Locatio_n: Town Aanex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Soulhold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 M~ailing Ad___dress 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TO: ~,&,),..) C}G~i'~pO/~7'O~ Da'e= l lo .OTAL.O. or PAOES,NCLVD,.O COVER; SENDER'S TELEPHONE NUMBER: 765-1809 ~>ress 1 at voic~~ recordh~) REFERENCEI: [] URGEN'P ~FOR YOUR Ill'DATE [] PLEASE COMMEN'I [] AS REQUESTED [] NOTES/COMMENTS: Please ~d attached copy/copies ofd~e followflhg: X"bffice 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 18, 2009 By Fax Transmission 298-4214 William C. Goggins, Esq. P O Box 65 Mattituck, New York 11952 Re: ZBA Ct 6246 (Cardinale) Dear Mr. Goggins: A copy of the LWRP Coordinator's clarification (letter dated May 15, 2009) as to the Code inconsistencies and the LWRP recommendations is attached. If possible, please send your reply regarding the LWRP recommendations on or before Friday, May 22, 2009 in order that the final step for deliberations may be taken. Thank you. Enc. ~.~x~ ]~r~ OFFICE LOCATION: '~ ~' Town Hall Annex · ~/ 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: Date: Re: MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of App Mark Terry, Principal Planner LWRP Coordinator April 21, 2009 ZBA# 6246 (Cardinale) '~ ........ :---:-Z_.L~ "-" '::~"~ Location: 1134 Bridge Lane, Cutchogue SCTM# 1000-118.- 1-9 Request for Variances under Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's October 20, 2008 Nohce of Disapproval conceming a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed residential structure is located within an AE base flood elevation of 8 feet; an area of special flood hazard with a 1% or greater chance of flooding in any given year. This is the regulatory standard also referred to as the "100-year flood." Southold Town Code requires that the structure be flood compliant pursuant to Chapter 148 Flood Damage Prevention, specifically: 148-17· Residential structures (except coastal high-hazard areas). A. Elevation· The following standards, in addition to the standards in 3~ 148-15B, Subdivision proposals, and 3~ 148-15C, Encroachments, and 3~ 148-16, Standards for all structures, apply to structures located in areas of special flood hazard as indicated·· (1) Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the base flood level. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the "as built garage" to the bulkhead is 31 feet; a minimum separation distance of 75 feet is required pursuant to Article XXII Section § 280-116. which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead The following exceptions will apply: It is recommended that the Board amend the application to meet and/or further the above policy to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Icor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals ~. ....... ~ -,~ .~_~ fY-I. MarkTerry, Principal Planner ,~ ~::; :.:.:' 'j:~ LWRP Coordinator Apd121,2009 ZBA# 6218 (Cardinale Jr.) Location: 1134 Bridge Lane, Cutchogue SCTM# 1000-118.-1-9 APR 2 2 2009 Request for Variances under Sections 280-15C, 280-18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore ls INCONSISTENT with the LWRP. Policy Standards Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed residential structure is located within an AE base flood elevation of 8 feet; an area of special flood hazard with a 1% or greater chance of flooding in any given year. This is the regulatory standard also referred to as the "100-year flood." S outhold Town Code requires that the structure be flood compliant pursuant to Chapter 148 Flood Damage Prevention, specifically: 148-17. Residential structures (except coastal high-hazard areas). A. Elevation. The following standards, in addition to the standards in ~ 148-]5B, Subdivision proposals, and 3~ 148-15C, Encroachments, and ~ 148-16, Standards for all structures, apply to structures located in areas of special flood hazard as indicated: (1) Within Zones A 1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basemenO elevated to or above the base flood level. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. The distance from the "as built garage" to the bulkhead is 31 feet; a minimum separation distance of 75 feet is required pursuant to Article XXII Section § 280-116. which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead. The following exceptions will apply: It is recommended that the Board amend the application to meet and/or further the above policy to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney 2009 /~6,~(./.~MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON ,JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 '"~ '~ Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appe~s From: Mark Terry, Principal Planner .L ) LWRP Coordinator Date: May 15, 2009 i ;'. . - Re: ZBA# 6246 (Cardinale) Location: 1134 Bridge Lane, Cutchogue SCTM# 1000-118.-1-9 I am in receipt of the letter written by William C. Goggins, dated April 27, 2009 referring to the flood zone characteristics of the Alan Cardinale Jr. parcel (ZBA reference number 6246). In the letter, Mr. Goggins, makes a point that the accessory garage is not a residential structure. This is incorrect. Chapter 148, Flood Damage Prevention, establishes two distinct types of structures based upon use: Residential and Nonresidential. Although the terms are not explicitly defined in the chapter, they are referenced in the body of the law as: § 148-18. Residentialstructures(coastalhigh-hazardareas). The following standards, in addition to the standards in § 148-15A, Coastal high-hazard areas, and § 148-15B, Subdivision proposals, and § 148-16, Standards for all structures, apply to structures located in areas of special flood hazard shown as Zone V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148-6: Chapter 148 defines nonresidential structures as: § 148-19. Nonresidentialstructures(exceptcoastalhigh-hazardareas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures, in addition to the requirements in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures. It is clear that the differentiation of structure is based on type of use, therefore, an accessory garage located on a residentially zoned parcel is a residential structure. This interpretation was verified by the Town's Flood Zone Administrator prior to drafting the LWRP Coastal Consistency recommendation· The second point regarding the elevation of the "foundation" and compliance with Chapter 148, Flood Damage Prevention, must be made by the Flood Zone Administrator. please call me with any questions. Cc: Jennifer Andaloro, Assistant Town Attorney ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of ALAN A. CARDINALE, JR. SCTM NO. 1000-118.00-01.00-009.000 AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) Walter & Mildred Silbernagel, owners of property located at 1652 Bridge Lane, Cutchogue, New York., being duly sworn depose and say: 1. Our property is located to the south of the property owned by Alan A. Cardinale, Jr. located at 1134 Bridge Lane, Cutchogue, New York. 2. Mr. Cardinale seeks a variance because his building does not meet the set back requirement from our property. If there is any adverse impact, it would be to our property. 3. We support the variance application. The building has always been there. In fact, it has always been habitable space where people would reside from time to time. The conversion to a garage is more consistent with our neighborhood, and will look beautiful. 4. We respectfully ask the Board to grant the variance. Walter Silbemagel Mildred Silbernagel Bo~ ,~om to before me this day of April, 2009 N6tary'Public ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SLTFFOLK: STATE OF NEW YORK In the matter of the application of ALAN A. CARD1NALE, JR. SCTM NO. 1000-118.00-01.00-009.000 AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) JOHN M. MILLER and SARAH MILLER, owners of property located at 1132 Bridge Lane, Cutchogue, New York., being duly sworn depose and say: 1. Our property is located to the east of the property owned by Alan A. Cardinale, Jr. located at 1134 Bridge Lane, Cutchogue, New York. 2. Mr. Cardinale seeks a variance because his building does not meet the set back requirement from our property. If there is any adverse impact, it would be to our property. 3. We support the variance application. The building has always been there. In fact, it has always been habitable space where people would reside from time to time. The conversion to a garage is more consistent with our neighborhood, and will look beautiful. 4. We respectfully ask the Board to grant[he vat~j'ance. JO.l~ M. MILLER J g&~ff~]~ B.oc~~ sworn to before me this ~/2~day of April, 2009, ~qotary Public' ~ ~ McKINNON Notery ptjl:~k3 - Sta'(e of New York No, 01 M06101870 Oual~ied in ~ County My Cc~mm~*,%qon r:xpil'eS Nov. 17, 20) I Town Annex/First Floor, North Fork 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 Office Staff Communications Log ZBA # 6246 - Cardinale - New Submission and in process (reviews pending, next available public hearing reserved for February 2009 PH while reviews are pending under LWRP, CO PL. etc.). 11/19/08 - Letter from Trustees requesting joint conference. ZBA staffwill be able to schedule a hearing as per same ZBA procedures above for processing a new file, and then when advertising with a Legal Notice to also send notification to Trustees for discussions to be part of the written record (ZBA appellate jurisdiction under Zoning Code). Confirmed this update with Lauren of Trustees Office in person 11/19/08. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Zoning Board of Appeals Jill M. Doherty Vice-President Board of Trustees NOV 1 9 2008 November 19, 2008 Wetland Permit Application of Alan Cardinale Jr. 1134 Bridge Lane, Cutchogue. SCTM#118-1-9 Our Board has been reviewing an application submitted on behalf of Alan Cardinale, Jr. to remove an existing accessory dwelling structure and attached deck, asphalt driveway, and leaching pool, and construct a one-story detached garage, pervious gravel driveway extension. The project was started prior to making an application to our office, and a violation under Chapter 275-Wetlands and a stop-work order have been issued to the property owner, it has been found Inconsistent by the LWRP Coordinator and a copy has been attached for your review. It is our understanding that Mr. Cardinaie has applied for a variance from the Zoning Board of Appeals. He has since postponed his hearing before our Board and indicated to us that he would like to pursue the variance prior to continuance of his wetland permit hearing. In order to avoid a potential conflict between the two review Boards and the applicant, we respectfully request a joint discussion of the application prior to a public hearing. Please feel free to contact our office with any questions and/or review our file. Thank you very much for your cooperation OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 To: From: Date: Re: LOCAL WATERFRONT REVITALIZATION PR, TOWN OF SOUTHOLD Jim King, President / C~> Town of Southold Board of Trustees MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 NOV 19 2OO8 Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator October 6, 2008 Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ALAN CARDINALE JR. SCTM# 118-1-9 En-Consultants, Inc. on behalf of ALAN CARDINALE JR. requests a Wetland Permit to remove an existing accessory dwelling structure and attached deck, asphalt driveway, and leaching pool, and construct a one-story detached garage, pervious gravel driveway extension, and install drywell to capture and recharge roof runoff. Located: 1134 Bridge Lane, Cutchogue. SCTM#118-1-9 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the $outhold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 275 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, swamp, wet meadow, bog, or vernal pool; Setbacks. ' ac~apply The following minimum setb to any jurisdiction of the Board of Trustees: and all operations the (a) Wetland boundary. NOV [1J Residence: l OO feet. The distance from the bulkhead to the proposed action ' · distance of 100 feet from the wetland boundar~ (bulkhead) is required pursuant to Chapter 275-3. Findin~.s~ purpose~ iurisdiction; setbacks. Please require that the applicant amend the application to meet the above polic~, to the greatest extent practicable. If the action is approved the following best management practice (BMP) is recommend~dt 1. Require a minimum 20' non-turf buffer landward of thc entire bulkheaded property. The BMP will further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 02/04/208~ 15:51 USDA COUNTY OF SUFFOLK PAGE 81/81 (631)727-2315 x3 February 4, 2009 Chairman O~rani Goehringer Board of Appeais Town of Southold P.O. Box 1179 Southoid, New York 11971-0959 RE: ZBA File REF. No 6246 (Cardinale) Dear Ch~rman Goehringer: As requested, a site review was conducted at I 134 Bridge Lane in Cutehogue on January 13, 2008~ The site was evaluaIed for potential natural resource concerns regarding the demolition of an existing garage and construction ora new garage. The property is a peni-,~fla located near Wunneweta Pond in Nassau Point. The new garage was under consltucfion at the lime ofthis site visit. Proper sediment and erosion centrol measures were in place, such as silt fencing and hay bails. Them is an existing bulkhead on the properly which appeared to be in good condition. No natural resource concerns ware observed at the above property with regard to re-building the garage. If you require further assistance in this matter please don't hesitate to let me know. Best regards, Nicole Spinelli Dimtiet Technician DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 20O8 ZONING BOARD OF APPEALS] THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry 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 Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. 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 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044 '~t '~ t~OGGINS & PALUMBO ~ °ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 2984200 Fax: (631) 298-4214 RECEIVED BOARD OF APPEALS WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. May 22, 2009 Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, New York 11971 Re: TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Variance Application of Alan A. ale, Jr.; No. 6246 Dear Members of the Board: In response to the Memorandum dated May 15, 2009, we respectfully disagree with the interpretation of the Code by the LWRP Coordinator. As to the request by the Zoning Board of Appeals, the variance will have no adverse impact on the creek and the adjoining wetlands because of the actions taken by the applicant: 1. The garage contained a single family residence, which was serviced by a cesspool. The new structure abandoned the single family use, and removed the cesspool. 2. The old structure had no gutters to contain and direct surface water which would flow toward the wetlands and the creek. The new structure had gutters, leaders, and a dry well to contain the surface water. 3. The property was re-graded to contain the surface water and prevent it from flowing into the creek and wetlands. 4. As part of the overall project, installed over 500 feet of new bulkhead two feet in from the previous bulkhead thus creating 1000 square feet of additional wetlands. 5. Installed hay bales and silt fence in accordance with approved survey. 6. Created a ten foot non turf buffer on entire property. RECEZVED aOARD 7. Removed asphalt driveway and replaced with stone blend pew~o~s~au-~ material. 8. Removed existing deck and steps. 9. Removed all overhead power lines, cable, telephone and four poles. Some located in wetlands adjoining creek. 10.All above work has been completed and approved by Trustees and Building Department. Survey, Certificate of Occupancy and Trustees inspection and Certificate of Compliance enclosed. 11. Garage elevation and house placed in only possible position at highest elevation for each. 12. New garage will reduce overall lot coverage. 13. Installed additional indigenous cedars adjacent to buffer area. If you have any questions, please do not hesitate to contact the undersigned. yours, WCG/ksc , . ~I~mes F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971 0959 Telephone (631) 765 1892 CERTIFICATE OF COMPLIANCE # 0418C Date: April 24, 2009 THIS CERTIFIES that the existing gazebo, construction of new bulkhead landward of existing with three 4' returns, new swimming pool with drvwell, extend roof overhang over patio areas, gutters, leaders and drvwells installed on dwelling, drainpipe is removed from bulkhead, Eastern Red Cedars to remain, de-watering line removed, 10' non-turf buffer landward of the bulkhead, and second-story addition At 1134 Bridge Lane, Cutchogue, New York Suffolk County Tax Map # 118-1-9 Conforms to the application for a Trustees Permit heretofore filed in this office Dated 1/23/07 pursuant to which Trustees Permit # 6536 Dated 2/14/07 was issued and Amended on 11/19/08 and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the existing gazebo, construction of new bulkhead landward of existing with three 4' returns, new swimming pool with drywell, extend roof overhang over patio areas, gutters, leaders and drvwells installed on dwelling, drainpipe is removed from bulkhead, Eastern Red Cedars to remain, de-watering line removed, 10' non-turf buffer landward of the bulkhead, and second- story addition The certificate is issued to ALAN A. CARD1NALE, JR. owner of the aforesaid property. Authorized Signa/ture Nathan Taft Corwin III Land Surveyor, P.C. ~tlt cesy;rw ti) Joseph A. lngcgno 322 Roanoke Avenue Phone: 631-727-2090 P.O Box 1931 Riverhead, NY 11901-0965 E-Mail: NCorwir}3@aot.com Fax: 631-727-1 ~ETcEZVED MAY ~ 2 2009 BOARD OF APPEAL~ April 24, 2009 Alan Cardiuale Jr. 1134 Bridge Lane Cutchogue, New York 11935 RE: Elevation of the foundation of the garage at 1134 Bridge Lane, Cutchoguc I)ear Alan: The elevation of the foundation of your garage at 1 134 Bridge Lane, Cutchogue is at elevation 8.0 feet as referenced to the NGVD Datum of 1929. Should you have any questions, please do not hesitate to contact me at anytime att thc above number. Very trul7 yours, = Nathan T. CorWin III Land Surveyor d~jc -~'~April 27, 2009 Zoning Board of Appeals P.O. Box 1179 53095 Main Road Southold, New York 11971 ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13235 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 APR 2 8 2009 WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCH, ESQ. DONALD A. MATES, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: Variance Application of Alan A. Cardinale, Jr.; No. 6246 Dear Members of the Board: In response to the LWRP Memorandum dated April 21, 2009, please be advised that the Memorandum is inaccurate. The Memorandum states in pertinent part, "The proposed residential structure is located within an AE flood elevation of 8 feet...". In fact, the application is for an accessory garage, not a residential structure. Also, the elevation of the accessory garage is eight (8) feet. Enclosed please find a certification from Nathan Taft Corwin, III Land Surveyor showing an eight (8) foot elevation. If you have and questions, please do not hesitate to contact the undersigned. WCG/ksc enclosure Town Annex/F'wst Floor, North Fork Bank 5437:5 Main Road (at Yotmgs Avenue) Southold, NY 11971 Mailina Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http'./Isoutholdtown.nor th fork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Date: TOTAL NO. OF~PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) ~r=.ENCE:: URGENT [] FOR YOUR UPDATE' [] PLEASE COMMENT ~ REQUESTED NO~MENTS: Please find attached copy/copies of the following: Thank you, Senders Initials: 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) '/65-1809 Fax (631) 765-9064 April ~,. 2009 LWRP Coordinator Attn: Mark Terry Planning Board Office Southold, NY 11971 Re: ZBA # 6246 - .Man Cardinale Application and LWRP Recommendation Dear Mark: During the Board's April 23, 2009 hearing, the applicant was asked to address the noted inconsistencies under the policies and standards of Town Code Chapter 268, and pending LWRP reviews. However, the attached letter was received in reply, and furnished for your information. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ht~p://~ou~hoidtown.northfor~ net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT ~ FOR YOUR UPDATE [~] PLEASE COMMENT [] A~ REQUESTED [] NOTE~/COMMENTS: Phase find attached copy/copies of the follo~. Thank you. Sender's Initials: J'~N.22.2009 11:06 6312986316 CARDINAL MGMT Alan%A. Cardinale Jr. P.O. Box 77 Mattituck, NY 11952 Pholla~ (631) 298-8494 F~3c: (631) 298-6316 Elnall: aaoj r@ optonline, net #0750 P.001 /001 January 22, 2009 FaX: 631-765-9064 Southold To~rn Zoning Board of Appeals So~thold, NY 11972 Alan Cardlnala Jr. 1134 Brldga Lane, Cutchogue AclJournma~t Request Dear Linde: P~r~luant 'to our telephone oonvarsotion, I rempaotfu11y request an adjournment' of my Februar%~ 19, 2009 hearing baoause my attorney, William.~9~%ns, will ba out of town on that data. I would ~reatly appraoiata .tha:,aarliest possible reschaduling. Thank you for your help in this regmNd. Please advise my office should there be any questions. Very truly yours, Alan A. Cardinale Jr. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mail~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.nor th fork. net BOARD OF APPEALS TOWN OF SOUTIrlOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 12, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File Ct 6246 Applicant's Request: Within 500 feet of: Owner/Applicant: Cardinale Jr., A. & J. Setbacks ( ) 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Marline 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 November 12, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6246 (CARD1NALE JR.) Dear Mark: We have received an application for construction of as built accessory garage, as detailed on the enclosed map. A copy of the Building spector s Not,ce of D~sapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, North Fork 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 12, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6246 Cardinale Jr., A. & J. · Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23~ 2009: 1:00 P.M. ALAN CARDINALE, JR. #6246. Request for Variances under Sections 280-15C, 280- 18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: April 2, 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: CARDINALE JR., A. & J. #6246 MAP #: 118-1-9 VARIANCE: SETBACKS (AS-BUILT) REQUEST: ACCESSORY GARAGE DATE: THURS, APR. 23, 2009, 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APpEAL~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net 4~ ~ March 24, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 23, 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 April 7th 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.__Jl owners of property (tax map with property numbem 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearing, providin.q the ratumed letter to us as soon as possible; AN D not later than April 9th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the whike 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 headng. If any signature card is not returned, please advise the Board during the hearing and provide the card (~hen available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 13th: 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 Posting for receipt by our office on April 16, 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 HOU$'E NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli~nts) CTM Parcel ~1000- I[~ ~ .......... AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~~z~__ , New York,,being duly sworn, depose and say that: MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offibial records on file with the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or pdvate street, or vehicular right-of- way of' record, surrounding the applicant's properly. (Signature) Sworn to before me this ~ay of ~r~r~ ~ ,200q (Notary Pubf~) - - Notary Public - ~'t~e u~ No. 01MC6101870 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ff.I ~ po~ta~ $0A2 0952 m Fee ~.20 Hece $5.~2 *5.32 0~10712009 ~mltem 17 if YES, ~ dellv~ eddmee below: Ohio 2. ~ Number ffh~,x~- ?rom ~,,~e ~e~ 7005 n c~,mled Ma~ rm ~xpme~ iw~l ,, [] Insured Mall [] C.O.D. 4. Restricted Deliver? ~.x~a Fee) 3110 0000 0994 9691 OYes Form 3811, Februar~ 2004 Domestic Return Receipt · Complete Iterns 1,2, and 3. Also ~omplete item 4 If Restdcted Dellvew Is de~lred. · Print your name and address on the reverse so that we can return the canJ to you. · Attach this card to the back of the malrple~e, or on the ~mnt If ~e~e perm.. D. Isdaib~/addmeadiffemntfmmlteml? DYes if YES, enter dellv~y address bek~. ~No [] Insured Mall [] F. xixe~ I~dl r'/Raum Ra~lpt for M~nt~n:l~ [] C.O.D. · Complete Item~ 1, 2, and 3./~ complete Item 4 if Reefllcted Del~ ia deelred. · Print your name and add/~s o~ the reverse so that we can mt~m the cam to you. PS Forr D. b delh~ addmee dllf~ from I~ 17 [] In.umd Mall r'l C.O.D. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 4000- i¢~ ~ - fl COUNTY OF SUFFOLK) STATE OF NEW YORK) ', RI¢* ~' ~¢t,~-~¢. .X residing at ii 3q (~!.~~--- , New York, being duly sworn, depose and say that: On the "~¢ day of ~"' I ,2009, I personally placed the Town's official Poster, with the date of headng and nature of my application noted thereon, securely upon my property, located ten'(10) feet or closer from the street or right-of-way (driveway entrar~Ce) - facing the street or facing each street or right-of-way entrance;* and that hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, w.,hicj~.t'~a~:Jate w sl~own to be (Signature) SwO~ to before me this '~ dayof t~?nl ,200'~. / (Notary P~blic) BARBARA McK]NNON NO, 01M¢..~101870 (3u~ir~l in Suffolk County My Commission F__xpires Nov. 17,2011 *near the entrance or driveway entrance of my properly, as the area most visible to passersby. AL & STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_.!_ week(s), successively, commencing on the 9th day of April, 2009. Principal Clerk Sworn to before me this day of~'~ 2009. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01.V06105050 Qualified In Suffolk county Alan A. Cardinale 3r. 1134 Bridge Lane Cutchogue, NY 11935 Phone: (631) 445-4432 Fax: (631) 298-6316 Email: aacir@optonline.net Certified Mail Return Receipt Requested April 7, 2009 Robin Drews 105 Hemlock Road Short Hills, N.I 07078 RE: Request for Variance Tax Map # 1000-118-1-9 1134 Bridge Lane Cutchogue, NY 11935 Dear Robin: Enclosed please find a copy of the Southold Town Board of Appeals letter of Legal Notice concerning the above referenced property. I am removing a single family dwelling unit and replacing it with an accessory garage. In addition, please find a property survey indicating the accessory garage. In the event there are any questions, I may be contacted at 631-445-4432. Sincerely, Alan A. Cardinale Ir. ( )trice i<*'~,n Anacx/Firsl Floor, (?apital One Bank 54~75 M~lin I~oad (al Yi)ungs Avenue) 5;t>uthold, NY 119'71 M ai~li~_~g A(_ld~3:bs: 530c)5 Main P.O Box I I Soulholcl, NY hltp://sou tholdtown, nol'£hlork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-181}9 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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, APRIL 23~ 2009: 1:00 P.M. ALAN CARDINALE, JR. #6246. Request for Variances under Sections 280-15C, 280- 18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction {after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: {a) less than 50 feet for the front yard setback and {b) less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: April 2, 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 Alan A. Cardinale 3r. 1134 Bridge Lane Cutchogue, NY 11935 Phone: (631) 445-4432 Fax: (631) 298-6316 Emaih aacir@oDtonline.net Certified Mail Return Receipt Requested April 7, 2009 John M & Sarah Miller 1132 Bridge Lane Cutchogue, NY 11935 RE: Request for Variance Tax Map # 1000-118-1-9 1134 Bridge Lane Cutchogue, NY 11935 Dear John M & Sarah: Enclosed please find a copy of the Southold Town Board of Appeals letter of Legal Notice concerning the above referenced property. ! am removing a single family dwelling unit and replacing it with an accessory garage. In addition, please find a property survey indicating the accessory garage. In the event there are any questions, I may be contacted at 631-445-4432. Sincerely, Alan A. Cardinale Jr. ()ffice Location: Town Annex/First Floo~; Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971 0959 http://southoldtown.nor thfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23~ 2009: 1:00 P.M. ALAN CARDINALE, JR. #6246. Request for Variances under Sections 280-15C, 280- 18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. 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 emaih Linda. Kowalski@Town. Southold.ny.us. Dated: April 2, 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 Alan A. Cardinale 3r. 1134 Bridge Lane Cutchogue, NY 11935 Phone: (631) 445-4432 Fax: (631) 298-6316 Email: aacjr@ootonline.net Certified Mail Return Receipt Requested April 7, 2009 Walter & Mildred Silbernagel 26 Old Woods Road Saddle River, N3 07458 RE: Request for Variance Tax Map # 1000-118-1-9 1134 Bridge Lane Cutchogue, NY 11935 Dear Walter & Mildred: Enclosed please find a copy of the Southold Town Board of Appeals letter of Legal Notice concerning the above referenced property. ! am removing a single family dwelling unit and replacing it with an accessory garage. Tn addition, please find a property survey indicating the accessory garage. In the event there are any questions, I may be contacted at 631-445-4432. Sincerely, Alan A. Cardinale 3r. 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 I 1971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) "/65-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23~ 2009: 1:00 P.M. ALAN CARDINALE, JR. #6246. Request for Variances under Sections 280-15C, 280- 18, 280-116B, based on the Building Inspector's October 20, 2008 Notice of Disapproval concerning a proposed accessory garage under construction (after as-built demolition of an accessory garage), which new construction is proposed at less than the code-required minimum: (a) less than 50 feet for the front yard setback and (b) less than 75 feet from the bulkhead. Location of Property: 1134 Bridge Lane, Cutchogue; CTM Parcel 1000-118-1-9 adjacent to Wunneweta Pond. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: April 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, ,Capital One Bank · 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY l 1971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 3,2009 William C. Goggins Esq. P. O. Box 65 13235 Main Road Mattituck, NY 11952 Re: ZBA #6246 ~ Alan & Jean Cardinale Jr., Variance application Dear Mr, Goggins: Transmitted for your records is a copy of the Board's May 28, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other dOcumentation (if not already filed) directly with the Building Inspector's Office. You may,want to furnish an extra copy of the enclosed when furnishing additional information to theBuilding Department. If you have any questions, please feel free to call at any time. Very truly yours, End. Copies of Decision to: Building Department Town Clerk (original for filing), Linda Kowalski