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Home My WebLink About6277 Office 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF JUNE 16, 2009 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ZBA FILE # 6277 - JOHN and KATHLEEN BERKERY, Applicants PROPERTY LOCATION: 250 Bayview Drive, East Madon CTM 1000-374-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The relief requested under this application is found to be consistent under the policies and standards of Town Code Chapter 268 Local Waterfront Revitalization Program (LWRP) because the proposed construction will not result in an increase in the existing footprint or increase in the ground area coverage of the single-family dwelling, verified in a letter to the Board of Appeals dated May 12, 2009 prepared by Mark Terry and Scott A. Hilary, LWRP Coordinators. It is also noted that the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is an 8,676 square foot parcel measuring 43.09 feet along Bayvie~ Drive to the north, 203.06 feet along the eastern boundary, 77.48 feet on Spring Pond to the south, and 175.00 feet along the western boundary. The lot is improved with a single family house as shown by a sur~ey prepared by William R. Simmons, 3rd L.S., dated December 3, 2008. BASIS OF APPLICATION: Requests for Variances under Section 280-116 and 280-124, based on the Building Inspector'~ January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additie, ns and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet, (2) the combined side yard setbacks will be less than 25 feet, Page 2- June 16, 2009 ZBA # 6277 - JOHN and KATHLEEN BERKERY CTM 37-4-2 (3) the rear yard setback will be less than 35 feet from the property line, (4) the setback to the bulkhead will be less than the code required minimum of 75 feet, and (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a rear porch setback 23.3 feet from the bulkhead, setbacks from a single side yard at 3.75 feet, and at 8.75 feet combined side yards, and proposed maximum lot coverage of 26.07 percent (based on a lot area of 8,876.41 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Se~:tion 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the r~ighborhood or a detriment to nearby properties. The net result of replacing an existing sun room with a new porch shower will not reduce the setback on that side of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of the proposed alterations cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing house is nonconforming ann any alterations will require a variance. 3. Town Law Section 267-b(3)(b)(3). The proposed variance is not substantial. There will be a net reduction in lot coverage. Existing setbacks will be maintained except for a one-foot decrease on one side due the construction of a new roof. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. The existing house is nonconforming, and minor alterations require a variance. 5. Town Law '267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the requested construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3- June 16, 2009 ZBA # 6277 - JOHN and KATHLEEN BERKERY CTM 37-4-2 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the site and elevation diagram prepared January 9, 2008 by Mark K. Schwartz, A.I.A. and subject to the condition that: Drywells be installed (as per code) to contain storm-water runoff from the new roof. 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 dght 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 Goehringe~Wgis'~'~'~an_.~Schn, eider. (Member Oliva was absent.)This Resolution was ,~p~~//~,~__//~ /Ger23¢d"P. Goehringer, Chairman l~proved for Filing 6/Z.z..../20~9 10' SURVEYED FOR: JOHN & KATHLEEN BERKERY LOCATED AT: EAST MARION, SUFFOLK CO.,N.Y. LOT: 122 MAP OF:"GARDINERS BAY ESTATES,SEC.2" 7~, SCALE 1"=20' S.C.T.M.# 1000-037-04-002 FEMA MAP INFORMATION PANEL-MAP# 36103C0177 G EFFECTIVE DATE; MAY 4, 1998 PROPERTY LIES IN THREE FLOOD ZONES THE FIRST 80'+- LIE IN ZONE X- (AREA OUTSIDE 500 YEAR FLOOD ZONE) THE MIDDLE PORTION OF PROPERTY AND MOST OF 1-STY, DWELLING LIE IN ZONE X- SHADED (AREA IN 500 YEAR FLOODPLAIN) THE REMAINING APPROX. 25'+- OF REAR PROPERTY LIES IN FLOOD ZONE AE-ELV.9.0' 10' d~ FILE # 45467 WILLIAM R. SIMMONS~3RD,IL.S.P.C. 11 MEROKE LANE,EAST ISLIP,N.Y., 11730 PH.(631) 581-1688 FX.(631) 581-1691 DATE: 12/3/2008 I SCALE: 1" = 20' I DRAWN BY: T.C. ~,~ i - ~-- ~- '~' ~ -= '~ ~ 5", "', ~'a~ ~'~ .... -- -- ~-- ' " ' /' ~,~,, ,o,~,-~,, / ~~llX ' ',~-'~ ~ NN i~ '~ ',~".",",",",",",".".",')','Z",",' ',', ::',',',:','"'J,'"'"'v'"'""'"'"'"'"'""~' ,.~,.,,.,,,,.,.,,,, ,, , '.'. ',' ~1~1~1~ ........ ~ II~UI~~~I~II~,','r ' :' ;:" ,' ~ ~?os~ ~o~. ~v~o~ ~ ~ ~ ~os~,~ mr ~v~o~ REVIEWED BY Z~. SEE OECmSlON OATEO ~ I ~ I (~ SITE PLAN [ m~ c~.c~=',o.s ~ I I aql¥O) ,,~¢~¢~r , A: PROPOSED SOUTH ~EVA~ON : ,~ ~/~':~'~ DECK HVING ROOM SUNROOM DINING AJ~F..A DEN K1TCHEN BEDROOM 1 GARAGE I'~AS'I'ER OEXISTING FIRST FLOOR PLAN DINING AREA NEW ENTRY BEDROOM i EXIST, BATH MASTER BEDROOM STORAGE ~: (~ PROPOSED FIRST FLOOR PLAN SURVEYED FOR:- XO/~/X./ LOCATED AT ~ /~/~ LOT SCALE 1"= ~' SUFFOLK CO. TAX MAP DATA:- DIST./~~ , SEC. ~ BL~ ~ LOT ~ . TOWN OF ,~,_~2"--~ot_/'7.x~' ~r.._~:~ v x_/ /.5 z '1o" SUFFOLK COUNTY N.Y. , CO. CLK NO. ~7~ FILE NO. SURVEYED ,,,~/,z¢/~/ /~, 19 '~ BY RAMPART SURVEYING 'P.c: PlO BOX 340 EAST MORICHES, L.I., N.Y. 11940 DRAWN BY /"/'/~:-~ ~? TO: Mark Schwartz for J & K Berkery P O Box 933 Cutchogue, NY 11935 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 15, 2009 Please take notice that your application dated January 9, 2009 For permit for additions and alterations to an existing dwelling at Location of property: 250 Bayview Dr., E. Marion County Tax Map No. 1000 - Section 37 Block 4 Lot 2 Is returned herewith and disapproved on the following grounds: The construction, on this non-conforming 8,676 sq. ft. lot in the R40 District, is not permitted pursuant to Article XXlII, Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10. The required side yard setbacks are 10'& 25' combined. The survey indicates a minimum setback of 3.75' & 8.75' combined. The required rear yard seback is 35'. The survey notes a rear yard setback of approximately 23.3 feet. A~so, ih~as built'";~nstruction is not permitted pursuant to Article XXII, Section 280-116 which state ."~- "All buildings or structures located on lots upon which a bulkhead .... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed rear porch structure is setback approx. 23' from the bulkhead. In addition, the required lot coverage is 20%. Upon completion the proposed lot coverage is 26.07%. ' Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING B~'~D o? APPE~L~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman February l7,2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Munieip~! File Numbers Sutherland & Mort 6273 Nealz, LeAnn 6274 Howell 6275 Schembri 6276 Berkery 6277 Manetti, V & L 6278 TRK:ds LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHVVAY VeE~ truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 TELECOPIER (631) 853-4044 COUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 Paul ~...~eNyenhuis DISTRICT M~NA~R (~31)727~2315 x3 June 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6277 (Berkley) Dear Chairman Goehringer: As requested, a site review was conducted at 250 Bayview Drive in East Marion. The site was evaluated for potential natural resource concerns regarding the replacement of the sun porch with deck and roof at the residence. Stormwater control will be addressed with gutters, downspouts which drain into underground drywells. At the time of this site visit, June 9, 2009, the rear porch appeared to be under construction. There were no observed natural resources concems. The setback appeared to be in line with the neighboring structures. The property is situated on Spring Pond and is somewhat protected by a small bulkhead. The bulkhead is currently in good condition and well vegetated, with grasses, iris and additional plantings; no erosion was observed. It is recommended that re-vegetation of disturbed areas is completed as soon as possible after construction with native plants and grasses. No natural resource concerns were observed with regard to the replacement of existing sun porch with deck and roof to this residence. If you require further assistance in this matter please don't hesitate to contact me. District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 b o dvicE OCA'rlor : Town Hall Annex 54375 State Route 25 l~'~M~vl~ ~yY ~ lUl~g7slAve' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 From: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals Mark Terry, LWRP Coordinator Scott A. Hila~, LWRP Coordinator Date: May 12, 2009 Re: ZBA File ref. No. 6277 SCTM# 37-4-2 JOHN and KATHLEEN BERKERY # 6277. Location of Property: 250 Bayview Drive, East Marion (adjacent to Spring Pond); SCTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides); (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%. THE FOLLOWING SECTION ADDRESSES THE VARIANCE REQUEST FOR SETBACK TO 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 Us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The proposed additions will not result in an increase in the existing footprint or increase in the ground area coverage of the single family dwellinR. The following Best Management Practice (BMP) is recommended: 1) Expand upon the existing non-turf' buffer to include a 20' non-turf vegetative buff'er landward of the bulkhead, utilizing native, no ~-fert lizer-dependent vegetation. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney APPLICATION TO THE SOUTHOLD TOWN BOARD ~APPEALS '~ / ? Fo~L O~ce Use Only Fee: $ Filed By: /)7-./'/~ZC~,~:~L~.~,~Date Assigned/Assignment No. Oiliee Notes: House No. 250 Street Ba_vview Avenue Hamlet East Marion SCTM1000Section37 Block04 Lot(s). 02 LotSize 8676.4 Zone R 4C I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 01/15/09 BASED ON MAP DATED 01/09/09 Applicant(s)/Owner(s): John and Kathleen Berker¥ MailingAddress: 23 Cedar Place Garden City. NY 11530 Telephone: 917-587-3799 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agm~, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark Schwartz, A~¢hitect for (×) Owner, or ( ) Other:. Agent's Address: PO Box 933 Cutcho~ue 11935 Telephone 734-4185 Fax#: 734-2110 Email:mksarchit ect@optonline .net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applican~Owner(s), or ~] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 01 / 0 9 / 0 9 and DENIED AN APPLICATION DATED 01 / 0 9 / 0 9 FOR: ~1 Building Permit ~] Certificate of Occupancy [] Pre-Certificate of Occupancy D Change of Use E] 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.) ArticleXXII Section 280- 124 & 116 Subsection Type of Appeal. An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A. U Interpretation of the Town Code, Article Section {3 Reversal or Other A prior appeal D has, [Xhas not been made at any time with respect to this property~ UNDER Appeal No. __ Year__. (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZB~ile # REASONS FOR APPEAL (additional ~heets maF be used with oreoarer's sienature): AREA VARL4NCE REASONS: (1) An und~i~ble change will not be p~duced in the CHARACTER ofthe neighborhood ora det~m~ttonear~p~n~rtiesifgranted, bo~ause:no major expansion of the structure is requested. 'l~e main roof will remain in place. The existing Sun Porch will be removed and a new deck will be built in its place. A new hip roof is proposed over the south deck area. (2) The benefit ~ught by the applicant CANNOT be achieved by some method ~asible ~rthe applicanttopu~ue, otherthananareavadance, beca~e:the existing dwelling already has nonconforming side yards and any expansion within a 75'distance from the bulkhead requires relief from the Zoning Code. (3) The amount of relief requested is not substantial because: same as # 1 (4) Theva~ance ~lINOThaveanadverseeff~torimpactonthephysicaloren~ronmentalcon~fions intheneigh~rh~dordistrictbecause:The mass of the structure is reduced and the stormwater runoff will be collected into underground drywells to manage and control roof and site drainage. (5] Has the ~lleged difficulty beep self-~reate~? ( )Yes, or (~)No. The existing dwelling is situate~ ~n a nonconforming Location. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes Iolease furnish conr). 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 thi~ box ( ) IF A USE VARIANCE IS .~,..~o.~BEING REQUESTED, AND COMPLETE THE ATTACHED USE V~4RIANCE SHEET: (Pleose be Sworn ~ before me this ~-~ day o 20 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference} Applicant:Mark Schwartz for Berkery Date Prepared:101/2(3/09 1. For Demolition of Existing Building Areas Please describe areas being removed: Sun Room (12 ' x 15 ' ) Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensioasofflrstfloorextension: new roof over 12' -6" x 29' -6" deck (south) Dimensions of new second floor: none Dimensions of floor above second level: none Height(fromfinishedgroundtotopofridge): 17'-9" (north) 23'-5" (south) ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measared from natural existing grade to first floor: no additions to existing basement III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifneeessary) - Please describe building areas: Number o£Floors and General Characteristics BEFORE Alterations: One story dwelling with Sun Room, open deck and walk out basement Number of Floom and Changes WITH Alteration: One story dwelling with roof over deck and walk out basement IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2307.2 s f Proposed increase of building coverage: no increase Square footage of your lot: 8676.4 sf Percentage of coverage of your lot by building area: 26.07% V. Purpose of New Construction: remove Sun Room to create porch area on South VI. P~asedesc~ thelandcontoum(fla~slope%,heavilywooded, ma~harea, etc.)onyourland andhowitrelatestothedi~lcuIWin meetingthecoderequirement(s): mostly slight slope on property to the south with steeper slope towards bulkhead Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATI°N Is the subject premises listed on the real estate market for sale? [] Yes ~ No Are there any proposals to change or alter land contours? ~ No 13 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? ye~ 3) Is the properly bolkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? apnlied Please confirm status of your inquiry or application with the Trustees: have no,; had hearinq yet and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? yes Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? yes If yes, please submit a copy of your building permit and map as approved by the Building Depa~ment and describe: interior alterations, replace windows, doors, siding and roofing G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or opemtions condueted at this parcel single family res with Sun Porch & deck and proposed use single family res with covered porch, .(~xampl¢~,gxi.~in~j~ngle-family; proposal: same with garage or pool, orotherdescdption.)Entry roof & outdoor /'~(~..~./~., . ,~ ~/t//?,/(~ ~- shower. Authorize'~l Si~n~'t~/and Date [ / ! 2/05:1/07 / SEQR Appendix C i ' State Environmental Quality Revle~ r ,~ SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ; .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) '~'1. APPUCANT/SPONSOR ! 2. PROJECT NAME I John & Kathleen Berkery by Mark Schwartz Berkery Property 3. PROJECT LEGATION: u~aamy East Marion coumy Suffolk 250 Bayview Drive 176' east of Cedar Lane (SCTM#1000-37-04-02) remove Sun Room to create a porch area on south side, entry door and new outside shower on west side new roof at east 7. AMOUNT OF LAND AFFECTED:. 0 . 1 ~eS Ulllr~lat~y 0 · 1 ~ ~Ye. ~.o I;ae.e~ Proposed construction is within 75' of the existing bulkhead and is in side yard re~ires Zonin~ Board review and approval. ,. ~T,S ~.*~ ~.~ use ,. ~.~ ~ ~;~ 10. DOES AG'T1ON INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMA1T=LY FROM ANY OTHER G(~RNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? 1'1. OOES .4d'.lY .ASlar~G:T 0 F THE AC'SOIM P.A~ A(:URIqENTLY VALID I'EPadrr OR APPROVAL? rlm ff~e~eey.ame~..~q~Bldg Dept approval for interior work and new windows, doors, siding and roofing 12. A~ A RE,LILT OF ~ ACTION WILL EXIbllN~ pE~RMIT/A~PltOVAL RE~IRE ~? ~y, ~ Bld~ Pe~it i ~ ~T~E iN~ ~ ~ ~ ~E B~ ~ ~ ~E If the sctlofl 15 in tho Coastal Area, end you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART FI--ENVIRONMENTAL ASS~JJMENT (To be completeO Dy Agency) D. WILL TH~'PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAl. CH/~I, CTERIErlC~ THAT CAUSED THE E~TABESHMENT OF A CEA? E. IS THERE. OR IS THERE LIKELY TO SF~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes ~'~ NO If Yes, explain I~etl~ PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For eacl~ adverse effect identified above, determine whether tt J~ substantial, large, important or otherwise significant Each effect shou[g be assessecl in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) explanations contain sulficient detail to ~ that ail relevant adverse impacts have been identified and adequately addressed. If [] Check this box if you have identified one or more potentially large or significant adverse im'~i,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, base¢l on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this cletermination: Date Town ofSouthold BERKERY PROPERTY A~ INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMg.__3_7___- (]4 -.__fl2__ The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. [] BoardofTrustees [-~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Remove existing Sun Room: create porch area over d~_ck on south side, add an Entry roof on the east side and an outside shower and roofing. Location of action: 250 Bayview Avenue Site acreage: .2 acres (8676.4 sf) Present land use: sinqle family residential Present zoning classification: R 4 0 East Marion If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Mark Schwartz P.O. Box 933 Cutcho~lue, NY 11935 (c) Telephone number: Area Code ( ) 6 31 - 7 3 4 - 418 5 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ['~ No [] If yes, which stare or federal agency? DEVELOPED COAST POLICY Policy 1. Foster n pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) This project entails additions and alterations to an existinq dwellinq on a prevSous]y developed site in a heavS]y developed neiqhborhood. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The subject property does not contain nor affect historic or archeolo_~ical resources of the Town. Attach additional sheets ifnecessm7 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~-~ (Not Applicable - please explain) TO the extent the policy is applicable, the visual quality and scenic resources will be protected throu_oh protection and maintenance of the well vo-qo-tato-d o-mhankmo-nt buffo-rin_~ tho_ do-vo_lopo-d portion of the site from Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiT~ loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) The project does not address nor affect erosion control structures or other or otho-r o-rosion/flood~n~_ control initiatives. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southald. See LWRP Section Ill - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) This project protects and improves water quality with the installation of a drainaqe system od drywells to control, manaqe and recharqe stormwater runoff and the existinq veqetation on the embankment will be preserved and protected durinq construction by a project-limitin9 fence and staked hay bales. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) This project will proto-ct and restore for the same reasons as Policy 5. AlY. ach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. Yes ~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. MinimiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~-] No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No [] (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes ~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southald. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable- please explain Prepared 01/19/09 AIA - Architect TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ~pprov~c~ ,20__ Expiration ,20__ PERMIT NO. 4 sets of Building Plans__ Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: ,~]t~ ~(~?~ Building Inspector PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. This application MU5 1 oe con pletely filled in by typewriter or in ird~ and submitted to thd Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building InSpector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Buikling Inspector may authorize, in writh/g, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the i~suance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and r~lations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature o[3[}161icant or name, ifa corporation) (Mailing address of applicant) r State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises dd//21J ~ ~'/~¢r~'~L~ ~5~ .... (Ks ~n the tax roll or latest deed)/ ff applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. L~__cation of l~gd on which proposed, j~ork will be done: 3--0 House Number / Street Hamlet County Tax Map No. 1000 Section 3 7 Block 0 ¢ Lot Subdivision Filed Map No. Lot ,,a~ u~occupancy of premises and intended use and occupancy of proposed ~ ~. ~Existi~ng use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition construction: Addition p~ Alteration Other WorkJ~',~ u ~- $~ ,o P~',~ ¢ t-/ C~4 ~ (Description) Fee 0~ ffa~ ~ ~ (To be p~d on filing this application) N~b~ofdwelling~tsoneachfloor ~ ~ ~ 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, humber of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use- 7. Dimensions of existing structures, if any: Front Rear Depth _ Height. Number of Stories . i: Dimensions of same structure with alterations or additions: Front , ~ Rear Depth ~ Height Number o~ ~[ones 8. Dimensions of entire new c;nstmction: Front Rear I ...... i Depth Height Number of Stories I lq.~'3 ~S 9. Size of lot: ~ront ~- f!/~--~- /o~.~Rear .Depth {11~11~,,c: **¢ 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES__ NO Y Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises~ Address C~t?~f..O ¢737 Phone No. Name of Architect t~/~/4~g Jfi~ .,~',~,'7./2"Z~ Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM[r2% MAY BE REQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES. ix. NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO ~f · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF $o/mfaq~) N~/t~ ~ ~f,a./~"~y ~- being duly sworn, deposes ~d says ~t (s)he is the applic~t ~me of indi~d~l si~ng con. act) above ~ed, (ffon~ct~, A~t, Cb~o~te Office, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . - day of 20__ Notary Public Signature of Applicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP~RTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34381 Z Date JANUARY 12, 2009 Permission is hereby 9ranted to: for : JOHlq P BERKERY 23 CEDAR PLACE GARDEN CITY,NY 11530 INTERIOR ALTERATIONS, INCLUDING MINOR WINDOW & GARAGE DOOR ALTERATION AS APPLIED FOR at premises located at County Tax Map No. 473889 Section 037 pursuant to application dated DECEMBER Building Inspector to expire on JULY 250 BAYVIEW DR EAST MARION Block 0004 Lot No. 002 22, 2008 and approved by the 12, 2010. Fee $ 368.80 AuthoriZed Signature COPY Rev. 5/8/02 John and Kathleen Berkery 23 Cedar Place Garden City, NY 11530 917-587-3799 January 21, 2009 To Whom It May Concern: I, John Berkery, authorize Mark Schwartz, AIA - Architect, to act as agem for permit applications to the Southold Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and Southold Town Zomng Board of Appeals. The proposed residential construction project is located at 250 Bayview Avenue, East Marion, New York (SCTM#1000-37-04-02) date: /'~?-,~'-.2. TOWN OF SOUTHOLD PI~OP~RTY RECORD CARD OWNER ~STRE~~'~ ~l~= / . I~,s~,c~ su~. FORMER OWNeR~,~let~nom~ I E / I ....... I __ ~ ~:r ~ F .... '~ Is I w I mY~ o~ ~U,~NO ~, z//, ~ ~ ~ I LAND SEAS. IMP. VL. FARM TOTAL DATE NEW NORMAL BELOW Farm Acre VaJue Per Acre Tillab, le Tillable 2 Tillable 3 Woodla:nd Swampland Brushland h0usePIot~.~ COMM. IND. CB. MISC. Value 0 /2? 4 Total '"~tension Fire Place (..j, ,' ,~./' Hea~ ~~rch ~ Attic ~~}~/~:~t,/. ~'~ ~X,~ Porch Rooms ]st Breezew,y ~_ ~X ~ ~)~,~,,: '~ Patio J'2 X /~; /~ R~ms 2nd Floor ' ~arage ~0~ ~ ~cjO ~:' / ~ ~.~ Driveway AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WItEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~ ~/b~ ~ ~_~ 2) Address ofApplicant: ~ '~.J~ ~.~ . 3) Name of Land Owner (if other than applicant): 4)AddressofLandOwner: Z ~ C£ t~O~ I~L4~t~ ~_._ 5) DescriphonofProposedProject: t~t~ ~l~rl~ttl.j.l', 6) Location of ~ope~ (road and ~x ~p n~ber): 7) Is the parcel ~thm an a~iculmral dis~ct? ~No ~Yes If yes, A~cul~al Dis~ct Number 8) Is this p~cel actively famed? DNo ~Yes Cr~, 3 ¢~- 7 (~ e ~ ~o u ,u~ 9) Nme and ad&ess of any o~er(s) of l~d withn ~e a~c~al ~s~ct con~ining~ctive f~ operation(s) located 500 feet of ~e bo~da~ of ~e proposed project. (hfomtion my be available t~ough · e Tom Assessors Office, To~ Hall l~afion (765-1937) or ~om ~y public computer m ~e Tom Hall locations by hewing the parcel nmbers on the Tom of Southold Real ~op~ T~ System. Name and Address 2. ~ ~ (Please use back side of page if more than six property owners are identified.) The lot numbers may bej~ained, in advance, when requested from the Office of the Planning Board at 765- 76 -1 0 . Si[nature o~pplicant ~ Note: 1. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRLAGE 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 January 30, 2009 Zoning Appeal No. 6277 Transmitted herewith is Zoning Appeals No. 6277 of Mark Schwartz for Joh & Kathleen Berkery - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Application for Building Permit with Disapproval Dated 1/15/09, Notice of Disapproval Dated January 15, 2009, Building Permit #34381 for Interior Alterations Dated January 12, 2009, 4 Pages of Photos of Property of Different Elevations, Copy of Property Record Card (Both Sides), Authorization Letter from John & Kathleen Berkery to Mark Schwartz, AIA to Represent them in this Matter, Copy of Survey Showing Existing Construction Dated December 3, 2008 Prepared by William R. Simmons, 3rd, LSPC, Site Plan & Proposed Elevations & Alterations of Property Dated January 9, 2008 Prepared by Mark K. Schwartz, AIA, Copy of Floor Plans Showing Existing & Proposed Construction. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/29/09 * * * RECEIPT * * * Receipt~: 39716 Transaction(s): 1 1 Application Fees Reference Subtotal 6277 $600.00 Check#: 199/CASH Total Paid: $600.00 Name: Berkery, Kathleen 23 Cedar Place Garden City, NY 11530 Clerk ID: CAROLH Internal ID: 6277 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/28/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED BERKERY, John & 199 $400.00 6277 Kathleen CASH $200.00 JAN 2 9 2009 Soul hold Town Clerk $6OO.OO By Thank ou. Town Annex ~'~t Hoot, No~lh Fork Bank 54375 Mnin Road(at Yours Avenue) Southold, NY 11971 huP'~/soulholdtown.nor~o~k, net BOARD OF APPF~ [.~ · TOWN OF ~)UTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 South01d, NY J1971-0959 FACSIMILE TRANSMITTAL SHEET ~# i-~¥~q,L NO. OF PAGE~ INCLUDING ~OVER: SENDER'S TELEPHONE NUMBER: 763-1~09 (ptessi at voice t~cotdin~) [] URGENT F~OR YoUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] _. Please find attached copy/copies of the following:. Sender's 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) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28, 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~ MAY 28~ 2009: 11:25 A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Property: 250 Bayview Drive, East Marion (adjacent to Spring Pond) CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides); (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%~~ The Board of ApPeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit writteh 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 priorto the day of the hearing. If you have qd~estions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@Town. Southold.ny.us. Dated: May 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 5, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 28, 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 May 14th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ;~area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than May 15th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing.: If any signature card is not returned, please advise the Board during the hearing and providb the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 19th: Please make arrangements to place the enclosed Poster on a signboard such as Cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin,q for receipt by our office before May 26, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # REr~:KENCB:: / TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] ........... NOT~.SICOMMENTS: Please find attached copy/copies of the following: O' - Thank you. Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NBW YORK In the Matter of th~ Application of AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF blEW YORK) ~f:~? t'~ , New York, being duly sworn, dopose and say that: Onthe [4-.'~dayof .~/~¥ .ZO~9, I personally mailed ai the United gtates Post Office in~~_, New Yorlq 6y CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the eunent assessment roll verified from the official records on file with the (t~sessors, or ( ) County Real Property Office .., for oveq, property which abuts and is across a public or pfiv~;e street, or vehicular right-of~vcay of reoord, surrounding the applicant's property. Sworn ~o before me this /~'dayof/')7/0'~, ,200 (glorify Public) "~'~AR~t'PUBI.IC, STATE OF NEW ~ NO 52,4624771 · ,. i: LIFIED IN SUFFO~KCOUNTY'. ~, ~,~ i.~ SSION PLEASE list, on the back of this Affidavit or on a sheet of paper thc lot numbers next to the owner names and addresses for which notices were mailed. Thank you. $2.~ $ $6.15 11 0511~1~09 ~o~lt~ A L U S E $1.05 O935 $2.80 11 $ $6.15 05/14/20~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ' ONattne of ApPlic~ts) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- 3 '7- o 4'- COUNTY OF SUFFOLK) STATE OF NEW YORK) ~/~/:l~, New York, being duly sworn, d~pose and say that: On the t ~ day o(. t/f4~ ,~1~_., I personally placed the Town's official Poster, with the date of hearing and n(ature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that [ hereby confirm that the Poster has remained in place for seven days prior to th/at date of the subject healing date, wh/ch hearing date was shown to be /O/'q~t ~ al> ~oaff Sworn to before me th/s o)~ day of ~_~ ,200~ '" UNDA F. KOWAI.SKI /~ -~/'J/z:7 -~'~J~A~ - NOTARY PUBLIC, ~I'ATE OF NEW YORK NO 52-4824771 ~/~" (Notary ~ublic) ' ' ~LI~IED IN SUFFOLK COUNTY CO~::~SS~ON EXP~R~S NOV aO, ~0~. *near the entrance or driveway entrance of my property, as the area most visible to passersby. · Complete items 1, 2, and 3. Alan complete item 4 If Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpieco, or on the fror~ if space permits. 1. At,cie Addressed to; i/q3 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ~lcle Addressed to: B. C. Date of Dellvay; D. Is delivery address dEferent from item 1 ? [] Yes If YES, enter delivery address below: [] No · Complete items 1 2, and 3. Also complete item 4 f Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ,Ntlc~ Addressed to: A. Signature · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: du t l+ pmo .r / 2. Article Number (Transfer from service label) PS Form 3811, February 2004 [] Agent - [] Addre~a~e if YES, enter delive o~ow: [] No 7008 1300 [] Insured Mail .~ C.O.D. Restricted ~ F~e) 0001 7023 5924 r-1'~4omss Mail r'l Return Receipt for Merchandise r-lyes NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BERKERY, J. & K. #6277 MAP # 37-4-2 VARIANCE SETBACKS BULKHEAD LOT COV REQUEST ADDITIONS/ALTERATIONS DATE: THURS, MAY 28, 2009, 11:25 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 14th day of May, 2009. Principal Clerk Sworn to before me this day of LEGAL NOTICE -- SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,,2009 PUBLIC HEARINGS OTICE IS HEREBY GIVEN, pursu ant to Section 267 of tl~e Town Law and Town Code Chapter 280 (ZoningLTown of Southold. the followine oublic bearin~ will be held by the SOUTHOLD TOWN on total (both) side yard sethacks~ and ZONING BOARD OF APPEALS at at less than 75 feet from the bulkhead. the Town Hall, 53095 Main Road, RO. Box 1179, Southold, New York 11971- 0959. on THURSDAY. MAY 28. 2009:. 9:40 A.M. DEBORAH SUTHER. LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m). based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion of the basement area to an accessory apart- ment (without a permit).The Certificate of Occupancy for the existing single- family dwelling was issued May 3 l, 2007, and Section 280-13(m) states that the building must have a valid Certificate at 150 West Shore Drive, Southold; CTM t000-80-5-5.1 adjacent to Southold Bay. 11:15 A.M. MICI{AEL and LINDA GAMBARDELLA #6272. Requests for Variances under Section 280-124, based on the Building Inspector's December 15~ 2008.amended Notice of Disapproval concermng a proposed addition to the single4amily dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code required I5 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 Nassau Point Road, Cutchogue; of Occupancy issued prior to January 1, CFM I000-118-6-7 (adjacent to Peconic 1984, or proof of occupancy prior to that Bay). date. Location of Property: 42205 Coun- 1 'I 'I 'I 'I 'I 'I 'I 'I 'I~ A.M. JOHN and KATHLEEN ty Road 48 (a/k/a North Roa& Middle Road), Southold; CTM 1000~59-3-25.1, 9'.50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; CTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on t~e Bedding Inspector's revised February 33, 20~ Notice of Disapproval concern- mg proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) thc height is proposed at 25 feel where 22 feet is the maximum code- permitted; 2) Accessory Poolhouse building: the as-binlt construction is m a side yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10:05 A.M. STANLEY and CHRIS- lINE MALON # 6RTL Location of Property: 1445 Fleetwood Roa& Cu- tchogue;CTM i 000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d). based on an application for a building permit and the Building Inspector's November 5, 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code limitation of 660 squat9 feet for lots up to 20,000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet, (5) the setback wig be six (6) feet in- stead of the code required minimum of 20 feet. 10:20 A.M. WILLIAM and MAR- BERKERy # 62Y'L Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-11~ and 280-124. based Qn the Build- ing Inspector's January 15~ 2009 Notice of Disapproval concerning an applica lion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (b~th sides)': (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be Iess than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet ~vill exceed the code limitation of 20%. 1:10 P.I~L SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116Afl), based on the Building In- spector's March 4~ 2009 Notice of Disap- proval concerning a proposed addition and alterations to the ex~stmg dweilthg with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CFM 1000-30-2~53. 1:15 P.M. MADELINE DROEGE #6267. (Pending attendance by owner/ applicant). Request~ for a Special Ex- ception in accordance with Code Sec- tion 280-13B(14) for establishment of an Accessory Bed and Breakfast. as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodgin, g (two guest bedrooms) w/th serving of breakfast to guests for overnight stay as B & B guests, at 885 Perry's Drive, Orient, a/k/a as Lot 6 on the filed Map of Petty's Bight; CTM Parcel #100Q-14-2-24. 1:40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspec- tor's January 14, 2009 revised Notice of Disapproval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; CFM 1000-18-5-8. GARET HOWELL # 6275. Request for The Board of Appeals will hear all a Variance under Section 280-116A(1), p6rsons, or their representatives, desir- based on the Building InspectoFs Oc- lng to be heard at each healing, and/or tober 15. 2008 Notice of Disapproval concerning an application for a building permit to construct additions and altera- tions to the existing dwelling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue; CFM 1000-73-2-3.1. 10.30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari- ance under Section 280-I5~ based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap p]ication for a bin]ding permit to locate an accessory swimming pool structure in a front yard in part, rather than en- tirely in a rear yard. at 95 Strohson Road desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (6~1) 765-1809, or by email: Linda. Kowaiski@ Town. Southold.ny. us. Dated: May 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Ma!n Road (M~ai~lin~g/US..p_s2 Sworn to be[ore me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 28,,2009 PUBLIC HEARINGS OT1CE IS HEREBY GIVEN, pursu- ant to Section 267 of tlr~ Town Law and Town Code Chapter 280 (Zoning),Town of Southold. the fo0owinR l~ubgc hearing will be held by the SOUTHOLD TOV~q ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971- 0959, on IHURSDAY. MAY 28. 2009: 9-40 A.M. DEBORAH SUTHER- LAND and CHARLENE MOTT # 6273. Request for a Variance under Zoning Code Section 280-13(m), based on the Building Inspector's January 14, 2009 Notice of Disapproval concerning an application concerning conversion,of the basement area to an accessory apart- ment (without a permit).Tne Certificate of Occupancy for the existing single- family dwelling was issued May 31,2007, and Section 280-13(m) states that the building must have a valid Certificate of Occupancy issued pffor to January 1, 1984, or proof of occupancy prior to that date. Location of Property: 42205 Coun~ ty Road 48 (a/k/a North Road. Middle Road), Southold; CFM 1000-59-3-25.1. 9'.50 A.M. LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; C~ 1000-70-4-46.1, Requests for Variances under Sections 280-15-F and 280-122~ based on the Building Inspector's revised February 2% 20Q.9 Notice of Disapproval concern- ing proposed additions and alterations to the existing accessory structure and concerning the accessory building (as- built pool-house) which are not permit- ted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this water- front parcel; b) create an increase in the degree of the setback to the side property line at ~ less than the code required minimum of 15 feet on this 58,519 square foot int; ~ C) the height is proposed at 25 feet, where 22 feet is the maximum code- permitted; ~ 2) Accessory Poolhouse building: the as-built construction is m a s~de yard, where the code permits a location in a rear yard or front yard on this water- front parcel. 10.'05 A.M. STANLEY and CHRIS- IINE MALON # 6271. Location of Property: 1445 Fleetwood Road, Cu- tchogue;UTM 1000-137-4-33.1. Requests for Variances under Section 280-17A(1) and Section 2780-15(b)(c)(d), based on an application for a building permit and the Building Inspector's November 5. 2008 Notice of Disapproval concerning a proposed accessory garage/pool house, The reasons that the application were disapproved are: (1) two one-family dwellings will be created on this 16,059 square foot lot, (2) the proposed total square foot- age will be 1739 square feet instead of the code limit atinn of 660 square feet for lots up to 20.000 square feet in area, (3) the dormers will exceed 40% of the roof width limitation, (4) the height will be 24.6 feet instead of the code maximum limitation of 22 feet, (5) the setback will be six (6) feet in- stead of the code required minimum of 20 feet. 10.20 A.M. WILLIAM and MAR- GARET HOWELL # 6275. Request for a Variance under Section 280-116A(1), based on the Building Inspector's Oc- tober 15. 2008 Notice of Disapproval concerning an application for a building permit to construct additions and altera- tions to the existing dwe{ling, which new construction will be less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 9202 Bridge Lane, Cutchogue: CFM 1000-73-2-3.1. 10:30 A.M. KENNETH MARL- BOROUGH # 6279. Request for a Vari ance under Section 280-15, based on the Building Inspector's October 7, 2008 Notice of Disapproval concerning an ap- plication for a building pernrit to locate an accessory swimming pool slructure in a front yard in part, rather than en- tirely m a rear yard. at 95 Strohson Road at Little Neck Road, Cutchogue; CTM 1000-I03 I0-15. 11:00 A.M. VINCENT AND LAU- RA MANE'UFI #6278. Requests for Variances under Sections 280-116-B and 280 122, based on the Building Inspec tot's November 19. 2008 Notice of Dis- approval concerning proposed additions and alterations to the existing single- family dwelling. The reasons stated for ~isapproving the building permit appli- :ation are that the new construction will :onstitute art increase in the degree of nonconformance on a sinele side yard. on total (both) side yard setbacks, and at less than 75 feet from the bulkhead, at 150 West Shore Driae, Southold; CFM 1000-80-5-5.1 adjacent to Southold Bay, 11:15 A.M. MICI{AEL and L1NDA GAMBARDELLA #6272. Requests for Variances under Section 280-I24. based on the Building Inspector's December 15.2008 amended Notice of Disapproval concerning a proposed addition to the single-family dwelling. The proposed breezeway addition is proposed to con- nect the preexisting two-story garage to the dwelling, resulting in: (1) a side yard setback at less than the code-required 15 ft. minimum and (2) lot coverage exceeding the code limitation of 20%, at 9480 -Nassau Point Road, Cutchogue; CFM 101)0-118-6-7 (adlacent to Peconic Bay). 11.2~ A.M. JOHN and KATHLEEN BERKERY # 6277. Location of Prop- erty: 250 Bayview Drive, East Marion (adjacent to Spring Pond); CTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124,based on the Build- lng Inspector's January 15, 2009 Notice of Disapproval concerning an applica- tion for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disap- proving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides)2 (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet ~vill exceed the code limitation of 20%. 1:10 P.M. SUSAN TSAVARIS #6289. Request for a Variance under Section 280-116A(1), based on the Building In- spector's March 4, 2009 Notice of Disap- proval concerning a proposed addition and alterations to the ex~stmg dwelling with a setback at less than 100 feet from the top of the bluff or bank of the Long Island Sound, at 2170 The Strand, East Marion; CTM 1000-30-2-53. 1:15 P.M. MADELINE DROEGE #6267. (Pending attendance by owner/ applicant). Request. for a Special Ex- ception in accordance with Code Sec- tion 280A3B(14) for establishment of an Accessory Bed and Breakfast, as an accessory use in the existing single- family dwelling, with owner-occupancy, for the purpose of lodging (two guest bedrooms) with serving of breakfast to guests for overnight stay as B & B guests, at 885 Petty's Drive, Orient, d/k/a as Lot 6 on the filed Map of Petty's Bight; CFM Parcel #100Q-14-2-24. 1.-40 P.M. LEANN NEALZ #6274. Requests for Variances under Section 280-124, based on the Building Inspec- toFs January 14, 2009 revised Notice of Disal~proval concerning a proposed rear screen porch addition to the existing dwelling, which construction will result in a rear yard setback at less than the code required minimum of 35 feet and lot coverage exceeding the code limita- tion of 20%, at 195 Village Lane, Orient; The Board of Appeals will hear all p6rsons, or their reprbsentatives, desir~ lng to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular business hours and prior to the day of the hear- ing. If you have questions, please do not hesitate to contact our office at (63.I) 765-1809, or by email: Linda. Kowalski@ Town. Southold.ny. us. Dated: May 7,2009. 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 9297 1T 5/14 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.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January..q~,2009 Mr. Thomaslsles, Direc~r 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 #6277 Action Requested: Within 500 feet of: Owner/Applicant: BERKERY Setbacks; Bulkhead; Lot Coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District 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 F~oor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY ! 1971 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 January 30, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6277 (BERKERY) Dear Mark: We have received an application for additions and alterations, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval 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. Goeh_ringer 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.northfork.net BOARD OF APPEALS TOWN OF SOIJTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 30, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6277 (BERKERY) Dear Sir or Madam: We have received an application for a project adjacent to the Spring Pond in E. Marion, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 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, ~apital 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 June 25, 2009 Mark K. SchWartz, A.I.A. P.O. Box 933 Cutchogue, NY 11935 Re: ZBA File No. 6277 - John and Kathleen Berkery Application Dear M r..~.' Enclosed please find a copy of the findings, deliberations and determination rendered by the Zoning Board of Appeals at the June 16, 2009 Meeting. Please be sure to contact the Building Department for the next step in the zoning review and building permit application process, since other authorizations will be necessary before commencing construction activities. Thankyou. Very truly yours, Linda Kowalski Encl.