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HomeMy WebLinkAbout6215 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 EIV£D MAR I ] 2009 FINDINGS, DELIBERATIONS AND DECISIOI~out~oId TOWlz Clerk MEETING DATE: MARCH 5, 2009 ZBA File # 6215 - HOPE SCHNEIDER CTM 1000-67-7-11 Location of Property: 1960 Mill Lane (Goldsmiths Inlet), Southold 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 dated September 8, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. BASIS OF APPLICATION: Request for Variances under Sections 280-116, 280-122A, 280-124, based on the Building Inspector's July 11, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing 1-1/2 story frame dwelling. The reasons stated for disapproving the building permit application are that the new construction: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a single side yard at less than 10 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot buildable area; and (3) in addition the proposed construction is less than the code-required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code limitation (maximum) of 20%. LWRP DETERMINATION: By letter dated October 2, 2008, the Town LWRP Coordinator confirmed inconsistency of this project to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Also, a letter from Paul TeNyenhuis, District Manager of the County of Suffolk Soil and Water Conservation District dated September 22, 2008 was received by the Board of Appeals. Mr. TeNyenhuis' site inspection of the subject property revealed that the lot slopes toward Goldsmith's Pond with surface water runoff and roof runoff flowing directly to it. This should be eliminated by gutters that lead to downspouts Page 2 of 5 - March 5, 2009 ZBA # 6215 - Hope Schneider CTM 1000-67-7-11 exiting into drywells. A concrete and stone riprap with wood edging along the edge of the pond constitutes the "bulkhead." Removal of the broken concrete slab along the edge of the pond and the five trees 'along the top of the slab is recommended to improve stability. Trees should be cut to the ground, and the stumps should remain intact. An Erosion and Sediment plan should be followed during any construction activities which includes the use of a Straw Bale and Silt Fence Sediment Barrier. PROPERTY FACTS/DESCRIPTION: The subject property is a small non-conforming 4,914 square foot buildable area with a width of 53.5 feet along Mill Lane and 123.66 feet deep along the northern boundary. It is located within a flood zone and is improved with a 31' by 32' irregular frame single-family dwelling, as shown on the June 27, 2008 survey prepared by John T. Metzger, L.S. for which a Pre-C.O. #Z- 11400 was issued 12/27/82. Also existing is a deck for which C.O. #15063 was issued 10130/86. ADDITIONAL INFORMATION: The subject property is exceptionally small and non- conforming at 6,070 square feet to a tie line at mean high water, including buildable area of 4,914 square feet and 53.5 feet of street frontage. The property sits in flood zone and must be made FEMA compliant to implement additions and alterations which include retaining walls in the front yard, raised rear deck, raised basement by two feet and first floor and new second story which will remain at pre-existing non-conforming rear yard setback of 23 feet and side yard setbacks of 6.8 feet and 11.8 feet for 18.6 feet combined (code requires 35' rear; 10' single side yard; 25 feet combined side yards). Also, the applicant request 29.5% lot coverage (code provides for 20% max. but they are already non-conforming at 30.9%). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 4, 2008 and February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to renovate the first floor of the existing dwelling, including raising it to meet FEMA requirements, construct a new second-story addition, reduce and replace the existing deck, replace and extend the front porch, and install a new septic system in the front yard. Said activities require variances for: (a) a 23 ft. rear yard setback where the code requires a minimum of 35 feet; (b) maintain the existing nonconforming side yard setbacks at 6.8 feet and 11.8 feet, for a combined 18.6 feet which will increase the degree of nonconformity with the proposed second-story addition under Zoning Code Interpretation ZBA File #5039 (Walz); (c) construct a new raised wooden deck Page 3 of 5 - March 5, 2009 ZBA # 6215 - Hope Schneider CTM 1000-67-7-11 as shown on the site survey prepared by John T. Metzger, L.S. June 27, 2008, and proposed lot coverage of 29.5%. AMENDED RELIEF: The applicant's agent testified that the applicant was reducing the existing lot coverage of 30.9% to 29,5% by eliminating 69 sq. ft. of the existing rear deck which amounts to a 1.4% reduction. Building upon these figures, the proposed front porch, landing and steps would be calculated at 283.9 square feet (porch 21.7' x 7', plus 8' x 3' landing, plus 3' x 9' deck, plus 3' x 9' set of stairs). It is not a hardship and it would not affect the aesthetics of the front elevation to offer alternate relief for the front porch by reducing the size to 134.8 square feet (rounding it to 135 square feet as a maximum) that includes a 21.7' x 4' porch, a 3' x7' landing and a 3' x 9' set of steps. This would eliminate another 2.8+ % of lot coverage which could bring it down by another 3%. As part of the record, the applicant also submitted Drawing A-00/0 of three dimensional axonometric details dated 1-15-09, Project No. 2006.8) prepared by R. Wade Johnson, Architect and elevation diagrams received August 27, 2008. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3}(b)(3)(1). Grant of the variances for the proposed rear yard setback, side yard setbacks from the rip-rap bulkhead, and a new second-story addition, and alternative relief for the proposed front porch and lot coverage, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks of the existing dwelling will not be changed. There are other cottages in the neighborhood on undersized lots that have also been enlarged. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house is in serious disrepair and renovations will require compliance with FEMA regulations. The house has preexisting nonconforming setback and lot coverage. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial but the proposed construction and renovations will take place within the footprint of the existing dwelling. Also, the applicant proposes a new rear deck that will reduce the size of the existing rear deck by 69 square feet, which is a 1.4% reduction in the existing nonconforming 30.9% lot coverage. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created but is the result of the nonconformities of the existing dwelling which sits in a flood plain and must be made FEMA compliant. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must meet Page 4 of 5 - March 5, 200~ ZBA # 6215 - Hope Schneider CTM 1000-67-7-11 drainage codes. Retaining walls in the front yard will be needed to raise the grade for a new compliant sanitary systerm 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 enlarged and code compliant home, 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 Goehringer, and duly carried, to GRANT variances as applied for rear yard setback, side yard setbacks, setback from riprap/bulkhead and second story addition as shown on proposed site plan by R. Wade Johnson Design, Inc dated 1/24/07 page A-O and floor plans and elevations pages A-2; DENY the lot coverage as applied for and GRANT ALTERNATIVE RELIEF for lot coverage maximum 26.8% and reduced size of covered front porch to 138 square feet maximum (including a landing and a set of steps (without decreasing the proposed front yard setback), and SUBJECT TO THE FOLLOWING CONDITIONS: Meeting the details outlined in the March 1, 2009 letter with enclosed diagram received March 3, 2009 from Joseph Fischetti, P.E. (concerning raising of the grade of the driveway and ramping over retaining wall on southerly side yard) for emergency access by firefighting equipment); and 2. Remove proposed chimney stack in southerly side yard to eliminate possible obstruction for access by emergency equipment; o Compliance with the recommendations of the Suffolk County Soil & Water conservation District to provide gutters that lead to downspouts that exit into drywells on the dwelling, removal of the concrete slab and trees along the riprap and use of a Straw Bale and Silt Fence sediment Barrier during all construction; 4. Submission by applicant of a revised plan by applicant to show confirmation of the above lot coverage and other changes before a Building Permit is issued. 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 Page 5 of 5 - March 5, 2009 ZBA # 6215 - Hope Schneider CTM 1000-67-7-11 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~nger~i.p~), Oliva, Simon, and Weisman. (Member Schneider ab~h;~.)~ ~h~s ~.~. ~v~ul2~d~~ (4-0). . /(~f.~R~RD P. GOEHRINGER, ~HAIRM~N 31 ~ ~2009  /Approved as ~pplied 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 March/~, 2009 By Mail or Fax (631) 878-8951 Ms. Hope Schneider c/o Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA File No. 6215 - Hope Schneider Application Dear Ms. Schneider: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March ~- , 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Thank you. Very truly yours, Linda Kowalski Encl. REBAR SET~ PLASTIC SHED TO -- BE REMOVED LOT 34 NEW COVERED PORCH (~PROPOSED SITE PLAN EXISTING DECK TO BE REMOVED NEW DECK 15'-0" YARD S ~ 8'-61 EXISTING1 STORY FR. HOUSE (PROPOSED 2ND FLOOR ADDITION) F.F EL. +13.0' 21 92 -r' EXISTING COVERED PORCH, STEPS AND WALKWAY TO BE REMOVED I+6.6! SET 10'*0" MIN. SIDE YARD SETBACK NORTH LOT 35 PIPE LOT 36, HATCH KEY: NEW DECK & PORCH EXISTING GROUND FLOOR PROPOSEDSECONDFLOOR ZONING CALCULATIONS APPLICANT PROPERTYOWNER PROPERTY ADDRESS COUNTY TAX MAP NUMBER CURRENT ZONE PROPOSED BUILDING (DESCRIPTION) HOPE SCHNEIDER EDWARD M SCHNEIDER 1960 MILL LANE, PECONIC, NY 11958 100-67-07-11 ZONE R-40 SECOND STORY ADDITION, NEW DECK ADDITIONS M A I N S T R U C T U R E - (EXIST. STRUCTURE IS NON-CONFORMING) REQUIRED EXISTING PROPOSED LOT SIZE 40,009 SQ. FT. LOTCOVERAGE 6,070 SQ.FT 41.2 FT. 20% MAX. (1,214 SQ FT.) 6,070 SQ.FT. 35.00 FT. FRONT YARD 35 FT REAR YARD 35 FT, 15 75 FT. 19.5 FT. SIDE YARD (TOT.) 25 FT. 13.6 FT. 18.6 FT. SIDE YARD (MIN.) 10 FT. 6.8 FT 6.8 FT. BUILDING HEIGHT 35 FT. (212 STORIES} 20 FT. 31 FT MAiN STRUCTURE SIZE 1048 SQ. FT. 1619 SQ FT 1960 NIII D NY 1.:L958 ~ LOCATION PLAN SCALE N.TS NORTH :INAL MAP sEE OECISIOH # RAISED DECK LIVING ROOM 14'-0' x 20'-0" KITCHEN RAISE C~EEILING//~ FRONT HALL 9L6'' x 7'-8" / POI~CH RAISED DECk 'BATH ROOM MECHANIICAL RO~)M EXISTING FIRST FLOOR STRUCTURE TO BE BRACED AND RAISED 2'-0" TO ACOOMODATE FEMA FLOOD ZONE ELEVATION OF +13'-0". ALL FOUNDATION WALLS TO RECEIVE THREE (3) COURSES OF CONCRETE BLOCK WITH REBAR EVERY 36" C.C. HORIZONTAL DOWELED A MINIMUM OF 7" INTO EXISTING FOUNDATION WALL, WITH TRUSS MESH REINFORCING EVERY OTHER COURSE AND CELLS FILLED SOLID WITH MORTAR ALL INTERIOR SUPPORTS TO BE BRACED AND RAISED 2'-0" AS REQUIRED TO MAINTAIN A CONTINUOUS STUCTURAL PATH FOR ALL INTERIOR LOADING. (~PROPOSED GROUND FLOOR PLAN MAP D BY ZBA SEE IO~t r COMMON ROOM CL. WALK-IN CLOSET BEDROOM MASTER BEDROOM 18'-9" x 11L0" I AREA (/~PROPOSED SECOND FLOOR PLAN ~ SCALE; 1/4"=70' e2ND FLOOR PROPOSED(+12'-0~2"} ELEV ;+23'-0~2'' e lST FLOOR,P,R,,OPOSED~+2'-0") ELEV. ~ +13-0" ~IST FLOOR ,E,X. ISTING(0'-0") ELEV.% +~-0 AVERAGE G.R, ADE ~LEV.~ +6'-8' ~ FLOOR, PR ,,OPOSE D(+12'-0~2'') V,% +23-0~" ~1~1 ST FLOOR ,P,,R, O POS E D (+2'-0") ELEV = +13 -0 ~1~ 1ST FLOOR EXISTING(O'-O") ELEV. ~ +11'-0" AVERAGE ,G, RA D E '~l~L~v.~ +6:8" (~ PROPOSED FRONT ELEVATION SCALE' 1/4" = 1'-8" ~LEND FLOOR,PR,,OPOSED(+12'-0~2'') V ~ +2~ -0~2 ~1 ST FLOOE,P~OPO~ED~+2'-O" ELEV = +13~0 ,~1~2~! FLOO~ ~ 'ELEV =+11-0 ,- AVERAGEG~ADE '~-ELEV.; +~'~' (~ PROPOSED RIGHT SIDE ELEVATION SCALE, 1/4" = 1'-0" EXISTING FIRST FLOOR STRUCTURE TO BE BRACED AND RAISED 2'-0" TO ACCOMQE)ATE FEMA FLOOD ZQNE ELEVATION OF +13'-0", ALL FOUNDATION WALLS TO RECEIVE THREE (3) COURSES OF CONCRETE BLOCK WITH REBAR EVfERY 36" O,C. HORIZONTAL DOWELED A MINIMUM OF 7" INTO EXISTING FOUNDATION WALL, WITH TRUSS MESH REINFORCING EVERY OTHER COURSE AND CELLS FILLED SOLID WiTH MORTAR. ALL iNTERIOR SUPPORTS TO BE BRACED AND RAISED 2'-0" AS REQUIRED TO MAINTAIN A CONTINUOUS STUCTURAL PATH FOR ALL INTERIOR LOADING (~PROPOSED REAR ELEVATION SCALE lj4"= 1'-~" ~2EEND FLOOR, PR,,OPOSED(+I 2'-0~2'') LEV. = +23 -0~2 ~1~ 1 ST FLOOR PROPOSED(+2'-0"} '~ ' ELEV. = +1~'-0" ~IST FLOOR ,E,X. ISTING(O'-O") ~LEV.~ +11-0 AVERAGE~ADE (~PROPOSED LEFT SIDE ELEVATION SCALE' 1/4" = 1' 0" FINAL MAP REVIEWED BY SEE DECISION # DATED ~/.. 5¢, UPPER DECK 6'-11~4'' C.H. LIVING ROOM 7'-9~2'' C.H. DINING ROOM LOWER DECK BATH ROO~ ~ BEDROOM KITCHEN MECHANIAL ROOM COVERED STOOP (~)EXISTING GROUND FLOOR PLAN SCALE 1/4" = 1' 0" ~)EXISTING SIDE ELEVATION F z L J UJ BEDROOM I I (~)EXISTING SECOND FLOOR PLAN 2'-9a4'' C.H. I I ~ EXISTING STREET ELEVATION ~EXISTING REAR ELEVATION SCALE' 1/4"=1'-0" (~EXIE SCALE: 11 ' II II "l I~-' II "~ ~ ~- ' II ' ' 'i ": ii ,' E~J~, , ql ii ' ,,~ ,, ,:, ,, ,.,,,, ,, ~F ~ II II II II II If II FINAL ~G SIDE ELEVATION REVIEWED BY ZBA =~'~" SEE DECISION ~ DATED ~l ~l~be~ PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631.765.2954 · FAX: 631.614,3516 · e-mail:joseph@fischetti.com Date: Reference: March 1, 2009 Schneider ZBA #6215 GERARD P. GOEHRINGER, CHAIRMAN Southold Town ZBA 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Goehringer, Your request to provide access to fire trucks was evaluated and the applicant will revise the site plan to raise the grade of the driveway to an elevation of 9.1 feet by using a mild grade of 8%. The final grade will be 6 inches below the top of wall and consistent with curbs normally found on roadways and should be no impediment for access. Attached is a simple sketch showing the profile of the proposed driveway and the proposed grading. If the Board has any questions regarding this matter, please call. Ec: Mesiano Hope Schneider EL. 7.1' MILL ROAD 25' 18' TOP DR VE TOP OF WALL EL.9.6' DRIVEWAY SECTION N.T.S. JOSEPH FISCHETTI, PE PROFESSIONAL ENGINEER 1725 HOBART RD / PO BOX 616 SOUTHOLD, NY 11971 PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631.765.2954 · FAX:631.614.3516 · e*mail:joseph@fischeffi.com Date: Reference: February 10, 2009 Schneider ZBA ~6215 GERARD P. GOEHRINGER, CHAIRMAN Southold Town ZBA 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Dear Mr. Goehringer, An inspection of the existing foundation footings was completed by excavating the exterior foundation walls in two placed to uncover the footing. The footing in those two areas was 8" x 16" concrete footings with concrete block walls as the foundation walls. I certify that this type of footing will support a two story home under normal loading conditions. A review of the book "Fundamentals of Fire Fighter Skills", which was endorsed by both the Intemational Association of Fire Chiefs and the NFPA, states that fire ladders should be placed at approximately 75 degrees to the vertical. Using that guideline we have 6.8 foot sideyard and the distance to edge of the roof is 24 feet in height at that point on the east side of the property. If the ladder is placed 6 inches from the side yard we have 6.3 feet and a height of 24 feet. 24/6.3 = 3.8 ; the arctan of 3.8 is 75.4 degrees. If the ladder is placed at the edge of the property at 6.8 feet the angle of the ladder becomes 74.14 degrees. The fire department should have no problem in placing a ladder on that side of the proposed structure and still keeping within the recommended firematic guidelines January 20th, 2009 JAN 2 2 2009 R .'~ Sc~esidence Application - 1960 Mill Lane, Peconic, NY- #6215 SCTM# 1000-67-7-11 Mr. Gerard Goehringer, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Mr. Goehringer: Enclosed please find eight (8) copies of a three dimensional axonometric drawing prepared by my office showing the front and side elevations and front yard of the proposed house and property for Hope Schneider (see above application numbers). It is my understanding that you requested this drawing to better understand the three dimensional character of the proposed project. Please feel free to call my office if you have any questions or concerns regarding this application. Otherwise, I believe that the expeditor (Catherine Mesiano) and the home Owner will be at the next scheduled meeting to review this with you. Best Regards, R. Wade Johnson CC: Hope Schneider Catherine Mesiano peril 1o c~lr~l. . T~e Iocelio~ of wells ~ cesspools s~wn hereo~ ~e kom fJeM observofiofls ~nd or kom dele o~teifled ~om olhers. /08 SURVEY OF PROPERTY A T PECONIC LOT COVERAGE BUlLDABi..E LAND AREA BUILDABLE LAN~ 491q SO.mT. EXI~TIN~ 15ZO.5/,~:JI,~ ,~ $0.9~ pROP. 1~151/491~I sTY. FIRM $6105C0161 FL OOD ZONE COASTAL BARRIER ZONE ~ = WETLANDS FLAGS BY ROBERT FOX, L.S. NOV. 3, 2007 ELEVATIONS ARE REFERENCED TO N.G.V.D. AREA-6,070 $O. FT. TO TIE LINES LOT NUMBERS REFER Tb "MAP OF BAILEY PARk" IN THE SUFFOLK COUNTY CLERK'S OFF/CE ON SEPTEMBER 26, 1952 AS FILE NO. 1097. t~OAD EX/STING SANITARY SYSTEM TO BE REMOVED IN ACCORDANCE WITH SCDHS REOUIREMENT',~ EXISTING WELL TO BE ABANDONED SUBSURF'AC~ SE'WAGE DISPOSAL SEPTEMBER 28, 2006 (TOPOGRAPHIC SURVEY)  TOWN OF SOUTHOLD _ ~ , SUFFOLK COUNTY,., N.Y. /' II' o , scA . r--eo , ~P~BER ~-2~ SYSTEM DE~IGN BY~ JOSEPH FISCHETTI~ P.E. HOBART ROAD SOUTHOLD~ N.Y. 11971 (631) 765 - 2954 SEPTIC SYSTEM DETAIL NOT TO SCALE IOJ I- PRECAST I000 GAL. SEPTIC TANK 5- PRECAST LCACHING POOLS 8'¢ ,, ~' deep WITH 3' SAND COLLAR - t~OTTOM OF POOLS TO BE_Z' MIN A~OVE GROUND WA TER~ ,... (651) R.O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N. Y. 11971 ANY ALTERATION OR ADDITION TO IHIS SURVEY IS A I40LATION (~c SECTION 72090F lHE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON. WATER.EL 5.1 49618 06-2~3 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Cathy Mesiano for E. Schneider 12 Mill Pond La. E. Moriches, NY11940 DATE: July 11, 2008 Please take notice that your application dated January 8, 2008 For reconstruction of an existing dwelling at Location of property 1960 Mill La., Southold County Tax Map No. 1000 - Section 67 Block 7 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 4914 square ft. buildable area, is not permitted pursuant to Article XXIII Section 280-122A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The single-family dwelling, notes a rear yard setback of 23' & side yards of 6.8' & 18.6' combined. The deck & 2 story construction is proposed at those nonconforming setbacks. Pursuant to the interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of nonconformance. The construction is not permitted pursuant to Article XXIII, Section 280-124, which states that non-conforming lots, measuring less than 20,000 sq. ft. require a minimum rear yard of 35' & side yards of 10' and 25' combined. In addition, the proposed construction is approx. +-12' to a bulkhead. Pursuant to Art. XII, Section 280-116 All buildings etc. located on lots upon which a bulkhead.., exists etc.., shall be set back not less than 75' from the bulkhead. Also, the proposed lot coverage is 29.5%. The permitted lot coverage is 20%. Authorized Signature 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 CATHERIba~MESIANO, INC. Land Use Consl]~ant & Permit Expediter CATHERINE MESIANO, I~RESIDENT 12 Mill Pond Lane · East Moriches, New York 11940 cmesianoC~optonline.net 631.878.8951 Article XX111-280-122 A, XX111-280-124, XX11-280-116 for construction of a 2nd story addition, renovation of first floor, reduction and replacement of the existing deck and replacement and extension of the front pomh at the above referenced site. · 6070 sq.ff waterfront parcel on Goldsmith's inlet having 4914 sq.ff. "buildable area" · Improved with a pre-existing 31'x 32' irreg, frame dwelling for which Pre- CO #Z11400 was issued12/27/82 · Deck addition for which CO # 15063 was issued 10/30/86 · Existing cesspool located in E sideyard +13' from the bulkhead · Upgraded septic system has been designed and is pending SCHD approval (engineered system-BOR) compliance w/regs necessitates elevated system w/approx.3' ret wall; IE @ 10.1 el 7 - el 9.6) · Proposed improvement_> 50% pursuant to FEMA standards, therefore must conform to FEMA Regs · Existing house located in Flood Zone AE11 FEMA requires FFE_> BFE+2. Flood Zone AE e1.11; existing elevation 6'8, existing FFE 11'. Proposed FFE 13' per FEMA regs · Existing basement is +4.2'deep; to conform to FEMA regs, basement needs to be raised 2' · Prep house= + 26.5' exclusive of basement; existing = +16.5' · Footprint of the structure will not change except for extension of front porch to s/w corner and --~'-~-"-'"~PL~oposed deck will be reduced in overall size; increase setback of +7' · L~ coverage reduced 69 sq.ft.; 1.4% less than existing · '~rea subject to rear setback relief is 6 sq.ft of the house · Area of the proposed house subject to sideyard relief is 102.4 sq.ft on w/s and 56 sq.ft, on e/s · Total of 244.8 sq.ft, of deck is subject to sideyard and rear yard relief. · The entirety of the property is w/in 75' of BH. · Proposed activity is necessary to bdng the house into compliance with current building codes · The existing structure has been inspected by J Fischetti and found to be structurally sound so as to support proposed 2"d floor. · Existing roof in poor condition; needs replacement · Upgrade mechanicals and energy efficiency (looking into solar) LWRP "Inconsistent" finding w! respect to "new deck" offset by the fact that the setback of the new deck is greater than the existing deck. Soil & Water Consv Bd: on-site containment of stormwater runoffwill be implemented RESPONSE TO Stein letter: Do NOT proposed "demolition of existing building" Stein property is not "adjacent" to subject site. Lot #12 is a 10' wide pamel owned by Suffolk County through which a drainage pipe directs stormwater runoff into Goldsmith's inlet. The separation distance between the Stein house and Schneider is >16' (6.8' ex sideyard + lot 12- 10'+ Stein sideyard.). The 11/2007 proposal refers to app for WL permit to Trustees that was tabled pending the outcome of this hearing. Proposed height is with the allowable height per town code; FEMA compliance is dictating the height Increase in living area is being accomplished by means of 2nd sty addn. so as to maintain the established setbacks. Existing: 1.5 sty. frame dwelling: kitchen, mechanical rm., living/dining room, 2 bedroom, I bath, sleeping loft. Proposed: 2 sty frame dwelling: kitchen/living room, dining room, mechanical rm., 2 bedrooms, 2 bath and open loft Existi~ng vegetation screen Schneider from Stein. see photos, google earth aerial Prop addition does not obstruct Stein view, light, air Hope Schneider 1960 Mill Lane, Peconic Fcc: $ Filed By: Date Assigned/Assignment No. Parcel Location: APPLICATION TO THE SOUTHOLD TOWN BOA House No.1960Streel Mill Lane Hamlet Pecofi~c SCTM 1000 Section 67 Block --7 Lot(s) 11 Lot Size 6070 sq.ft. Zone District R40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: July 11, 2008 Owner as Applicant: Hope Schneider Mailing Address: 12 Damin Circle, St. James, NY 11780 Telephone: 862-0640 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone/Fax: Catherine Mesiano, Inc. 12 Mill Pond Lane, East Moriches, NY 11940 631-878-8951 email: cmesiano@optonline.net Please specify who you wish correspondence to be mailed to, from the above listed names: · Applicant/Owner(s) X Authorized Representative [-7 Other: · Applicant/Owner(s) ['¢ Authorized Representative I~ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: 1/8/2008 X Building Permit · Certificate of Occupancy ~ ~ Pre-Certificate of Occupancy I- Change of Use V Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280 Subsection 122 A XXIII 280 124 XXll 280 116 Type of Appeal. An Appeal is made for: X 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 X has not been made with respect to this property UNDER Appeal No. Year Hope Schneider 1960 Mill Lane, Peconic SCTM Ct 1000-67-7-11 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS (1.) An undesirable change will not be produced in the CHAR~ detriment to nearby properties, if granted, because: CTER of the neighborhood or a The use and utility of the property will not change - The occupancy of the property will remain as a single family dwelling There will be no change in density in the neighborhood Similar upgrades have been undertaken in the area (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: o The existing lot and improvements are pre-existing non-conforming. o Conforming setbacks cannot be maintained in any instance. (3.) The amount of relief requested is not substantial because: o The existing setbacks will be maintained and/or increased. o The proposed lot coverage is less than the existing lot coverage. (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o Drywells will be installed to contain stormwater run-off. o The non-conforming existing septic system will be removed and a more conforming system will be installed (per SCHD approval - pending). o Appropriate erosion control will be implemented during construction (5.) Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, or (X) No. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: o The subject site is non-conforming and the exiting dwelling has a pre-CO and the existing deck also has a CO. Existing conditions will be maintained or improved o Waterfront site This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the healthy~fety, and welfare of, h~ community. Sworn.to before me this ~_.~.day of.~2008. (~lot~ry Public) ' ~ ANNE W. H LL ly ..Pl, lblic, SM'h) of New York _ r4o. 01HI6103497 _ Qualified n Suffolk Count,/ Commission Expires Dec. 29,200~ Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-6%7-11 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Hope Schneider Date Prepared: July 16, 201 I. For Demolition of Existing Building Areas Please describe areas being removed: Existing deck to be removed; new deck to have greater wetland setback II. New Construction Areas (New Dwelling or New Additions/Extensions): see plans attached Dimensions of first floor extension: 21'7" x 7' porch ext (ex. covered stoop 6' x 9') Dimensions of new second floor: 32' x 32' irreg Dimensions of floor above second level n/a Height (from finished ground to top of ridge): 33'2" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: yes; 6'4" (FEMA compliance) IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1.5 sty. frame dwelling: kitchen, mechanical rm., living/dining room, 2 bedroom, 1 bath, sleeping loft. Number of Floors and Changes WITH Alterations: 2 sty frame dwelling: kitchen/living room, dining room, mechanical rm., 2 bedrooms, 2 bath and open loft IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1520 sq.ft Proposed increase of building coverage: -69 sq.ft. Square footage of your lot: actual 6070 sq.ft, buildable area 4914 sq.ft. Percentage of coverage of your lot by building area: 30.9% existing; 29.5% proposed V. Purpose of New Construction: Upgrade existing dwelling VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on 3'our land and how it relates to the difficulty in meeting the code requirement(s): Generally flat topography, wetlands on north side (Goldsmith Inlet) FEMA requires FFE _> BFE+2. Flood Zone AE e1.11; existing elevation 6'8, existing FFE 11'. Proposed FFE 13' per FEMA regs 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. CATHERINE MESIANO, tNC, 12 MILL POND LANE E. MORICHES, NY 11940-1222 Hope Schneider 1960 Mill Lane, Peconic SCTM # ~000-67-?-I I QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? { } Yes {X } NO Are there any proposals to change or alter land contours? {X } Yes (Health Dept compliance) { } No 1 ) Are there any areas which contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with_this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination ofjurisdiction? Yes Application tabled pending ZBA determination Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None Do you or any co-owner also own other land close to this parcel? No Please list present use or operations conducted at this parcel. Single family dwelling and proposed use single family dwelling CATHERINE MESIANO, INC. 12 MILL POND LANE E. MORICHES, NY 11940-1222 Hope Schneider 1960 Mill Lane, Peconic Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, proposed actions that are subject to the Town of Southold Waterfron This assessment is intended to supplement other information used by in making a determination of consistency. *Except minor exempt acti "IG 2 7 ,all complete this CCAF for Consistency P~v,j.e~ ~aw.. ~ -, TR~ng Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area 2. 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 Watcrfront 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). 3. 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 detenninafion that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office.. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-67-7-11 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees ZBA 1. 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: · CONSTRUCTION OF A 2ND STORY ADDITION · RENOVATIONOF EXISTING FIRST FLOOR · REDUCTION AND REPLACEMENT OF THE EXISTING DECK · REPLACEMENT AND EXTENSION OF THE FRONT PORCH · INSTALLATION OF NEW SEPTIC SYSTEM Hope Schneider 1960 Mill Lane, Peconic Location of action Site acreage: Present land use: 1960 MILL LANE, PECONIC .139 A (6070sq.ft.) SINGLE FAMILY DWELLING Present zoning classification: R-40 2. 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: HOPE SCHNEIDER (b) Mailing address: 12 DAMIN CIRCLE, ST. JAMES, NY 11780 (c) Telephone number: Area Code 631-862-0640 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency?. NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of dcvclopment 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 111 - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed action is to be conducted on a pre-existinq non-conforminq improved site. Construction of the addition at this site is consistent with the area. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section I!1 - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is developed with a sinqle family dwelfinq. Policy 3 has no relevance to the proposed action. Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 is relevant to construction of the proposed additions on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section lll- Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 11 is relevant to construction of the proposed 2nd stow addition on a residentially developed lot, Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section Ill - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 is relevant to construction of the proposed additions on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable The non-conforminq dwellinq will be improved and upqraded to current enerqy efficiency standards. August13,2008 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 ;~ONING BOARD OF APPEAL~ Gera~ Goehringer, Chairman Zoning Boa~ofAppeals Town of Southold P.O. Box 1179 Southold, NY 11971 RE: Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 Dear Mr. Goehringer: I am the agent for the above referenced applicants who is seeking relief from Article XX111-280-122 A, XX111-280-124, XX11-280-116 for construction of a 2nd story addition, renovation of first floor, reduction and replacement of the existing deck and replacement and extension of the front porch at the above referenced site. Enclosed please find the following: 1. Building permit application dated January 8, 2008 2. Notice of Disapproval dated July11, 2008 3. Application 4. Authorization 5. Z.B.A. Questionnaire 6. Project description 7. LWRP Consistency Assessment Form 8. Transactional Disclosure Form 9. Assessor's property card 10. Survey 11. Plans and elevations 12. Statement regarding Covenants & Restrictions 13. Trustees application 14. Deed 15. Site photos Also enclosed is the applicant's check in the amount of $600 for the application fee. Thank you for your consideration. ~ President Enclosures CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 Southold Board of Town Trustees Box 1179 Southold, NY 11971 Re: Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 Dear Mr. King: cm estan o@optonline.net I am the agent for the above referenced applicant. Ms. Schneider is requesting a Wetlands Permit for construction of a 2nd story addition, renovation of first floor, reduction and replacement of the existing deck and replacement and extension of the front porch, as illustrated on the enclosed plan. Enclosed please find the following: 1. Application 2. Transactional disclosure 3. Release 4. Authorization 5. Survey prepared by John Metzger, L.S. 6. Site Plan 7. LWRP form 8. Application fee. Please note that I would like to meet the Trustees at the field inspection. Kindly confirm. Thank you for your consideration. Very truly yours, Catherine Mesiano, President Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 Photographs taken 8/22/08 1. Front of house, facing north 2. Easterly sideyard, facing north 3. Easterly sideyard, facing south 4. Rear of house, facing southeast 5. Rear deck, facing east 6. Rear deck, facing west 7. East side deck, facing north ~6R/f APPLICANT TRANSACTIONAL DISCLOSURE FORM ~he .'Tp~m..p_f ~9~.~d's Code_ of Ethics prohibits q~n f~icts of interest on the part; of tqwn officers {[0d_~employees. The purpose of this form is to provide loformat~n which can a~ert the te~,m qf possJble paflfl~ts of in,rest and allow it to take whatever action is necessan~ to avoid same YOUR NAME: Hope Schneider NATURE OF APPLICATION: (Check all that apply.) Tax grievance, Vadance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other." name the activity) Wetlands permil~ Pre~C.O.I Buitdinu PermR Do you personally (or through your company, spouse, sibling, parent, or child) have a relaticnsh w~th any officer or employee of the Town of Southbld? "Relationship'' includes by biood, marriage, or business interest *Business interest" means a bus,ness, including a partnership, in which the town officer or employee has even a partier ¢nvaership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES." complete the balance of this form and date and sign where indicated Name ot parson empJoyed by the Town of Southbld. Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the approprmte line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent or child is (check alt that apply): A) the owner of greater than 5% of the shares of the corporate Stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a nonocrporate entity (when the applicar~t is not a corporation); C) an off.m, er, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this _~ day of )< >¢, ~ ¢ 200 ? S~gnature./~ ! ~/,.i '~ ~,~ ,~ /~ ~ ~ Pdnt name Hope Schneider Hope Schneider 1960 Mill Lane, Peconic __Coastal Erosion Permit Application __Wetland Permit Application Amendment/Transfer/Extension __Received Application: __Received Fee:$ __Completed Application __Incomplete __SEQRA Classification: Type I Type I1 Unlisted__ __Coordination:(date sent) CAC Referral Sent: __Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: Technical Review: __Public Hearing Held: Resolution: Office Use Only Administrative Permit Name of Applicant: HOPE SCHNEIDER Address: 12 DAMIN CIRCLE, ST. JAMES, NY Phone Number: 631-862-0640 SUFFOLK COUNTY TAX MAP NUMBER: 1000-67-7-11 PROPERTY LOC^*IUN: 1960 MILL LANE, PECONIC 11780 (provide LILCO Pole #, distance to cross streets, and location) AGENT: Catherine Mesiano, Inc. Address: 12 Mill Pond Lane East Moriches, NY 11940 Phone: 631 878 8951 Hope Schneider 1960 Mill Lane, Peconic SCTM # 1000-67-7-11 Land Area (in square feet):_ Area Zoning:_ R-40 GENERAL DATA 6070 Previous useofproperty: sinqle family dwellin,q Intended use of property: same w/addition Covenants and Restrictions: Yes X No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary):_ CONSTRUCTION OF A 2ND STORY ADDITION RENOVATIONOF EXISTING FIRST FLOOR · REDUCTION AND REPLACEMENT OF THE EXISTING DECK · REPLACEMENT AND EXTENSION OF THE FRONT PORCH · INSTALLATION OF NEW SEPTIC SYSTEM AUTHORLi[ATION Hope Schneider~ res~ding at 12 Damln Ci~le. St. Ja~. NY do ~mby authonze Ca~ine M~no, Inc. to apply f~ ~s from ~e ~ To~ of ~ho~ Bui~i~ ~pa~ent T~ of ~uth~d ~a~ of Zoning ~a~ ~, Sou~ Boa~ of T~ ~rust~s o Suffolk Coun~ Depa~ent of Heal~ Se~i~s and ~ N~ Yo~ S~te ~pa~e~ of Environmental Con~atio~ on my behaE AUTHORIZATION do hereby authorize Hope Schneider ~nd/or Catherine Mesiano, Inc. to apply for permits from the Town of Southold Board of Zoning Appeals on my/our behalf. Date: ~d~L(: ~T~/ Z 0 0 ~ Sworn to ~ore me this..~/~=~day of--p.q~: 2008. No~ Public ~ ~ NomW Publ~, State of New Q~lifi~ in Surfak County Reg. No. 01VA814~0~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hail Cerfificale Of Occupancy THIS CERTIFIES that iht building Building Inspector FORM NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of Ihe Building Inspector Certificate Of Occupancy THIS CERTIFIES that lite building ... ~,~c~ ,~p.q ................................... Loc~tionofPropcrty 1960 Mill Lane Peconic County Tax Map No, 1000 Section ...0.~ ~ ...... Blocg.,. ,7 ........... Lot l 1 Subdivision ............................... Filed Map No ......... Lot No .............. confonn~ substantially to the Application for Building Permit heretofore ff~led in this office dated dated .Ju,l~,..~? ................ 9 ~.'5. wasissucd, and conforms oa of herequlrcments of the applicable provisions of the law. The occupancy for which Ods certificate is issued is Deck Additiop. to existing one family dwelling. 'Fac certificate is issued to ..................... ~o:.,.;n~*),',~'.~3( .................... UNDERWRYfERS CERTIFICATE NO ................ ~.~"~ .............................. map entitlad, #Ma~ Of Bailey Park", an~ filed in the office of the fo~rl~ o~ Senna Caren Stein. Said ~int of beginning almo bei~ distant 400 f~t R~XNG ~ ~10~9 ~he no~sts~lY site of Mill ~ad $ou~ 77 wi~* 12/23/82; CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesiano@optonline.net TO: Town of Southold Zoning Board of Appeals FROM: Catherine Mesiano SUBJECT: Hope Schneider DATE: 7/16/2008 Please be advised that there are no Covenants & Restrictions recorded against the subject property. Catherine Mesiano Hope Schneider 1960 Mill Lane, Peconic Board of Trustees Application Board of Trustees WETLAND/TRUSTEE LANDS APPLICATI(} Purpose of thc proposed operations: up.qrade sub-standard dx~ pplication DAT/~ ' ~ ~ Area of wetlands on lot: squaxe feet Percent coverage of lot: 22 ex stin.q;~~_23 ..... pr°p°sed% ~)__342_A~' Closest distance between nearest existing structure and upland edge of wetlands: 7 feet Closest distance between nearest proposed structure and upland edge of wetlands: 7 feet Does the project involve excavation or filling? No X Yes (for new septic system -specs not yet determined) If yes, how much material will be excavated? cubic yards How much material will be filled? n/a cubic yards Depth of which material will be removed or deposited: feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): NO NEGATIVE EFFECT ON WETLANDS OR TOWN WATERS I~ ANTICIPATED AS A RESULT OF THE PROPOSED ACTION. THE SETBACK FROM THE WETLAND ON THE NORTH WILL BE INCREASED. THE OLD SEPTIC SYSTEM WILL BE ABANDONED AND A NEW SYSTEM INSTALLED. THE 2ND STORY ADDITION ACCOUNTS FOR THE INCREASE IN HABITABLE AREA. STAKED HAYBALES WILL BE PLACED AROUND THF AREA OF PROPOSED ACTIVITY. DRYWELLS WILL BE UTILIZED FOR CONTAINMENT OF STORMWATER RUNOFF. :~_// TOWN OF SOUTHOLD I:~OPERTY RECORD CARD SEAS. LAN ~ AGE E ACREAGE IS VL ! FARM TOTAL DATE BUILDING CONDITION W CO,~. REMARKS TYPE OF BUILDING T. OWN. OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 ]FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20__ Disapproved a/c '~il~ ~(.J Expiration ,20.__ PERMIT NO. BUILDING PEt~IT APPLICATION CHECKLIST Do you h~'e or need the following, before applying? Board of Health 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: ~. Phone: ~,.-3 ) --'~' 7~' ' ~l~g _,~/ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the 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 issuahce or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the 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 issuance 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 ail applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~, (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of preunises .~r'J~ a.e.c~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on wh_~ich prgpose3t work will be done: House Number Street Hamlet County Tax Map No. 1000 Section (p'~] BIO~: 7 Subdivision Filed Map No. Lot 1/ Lot State existing use and occupancy of premises and intendj~d use and occupancy of proposed construction: a. Existing use and occupancy ,4'x/r~ ~ ~ b. Intended use and occupancy ./j ~ r,o// ~/~ 3. Nature of work (check which applicable): New Building_ Repair Removal Estimated Cost If dwelling, number of dwelling units If garage, number of cars Addition Alteration Demolition Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~ I / Rear ~ 2--- .Depth Height_ Number of Stories Dimensions of same structure with alterations or additions: Front Depth_ Height Number of Stories Rear 8. Dimensions of entire new construction: Front Rear _Depth Height Number of Stories 9. Size oflot: Front 5'5. Sc9 Rear ~ .~,7' / ' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ - ~ ~3 12. Does proposed construction violate any zoning law, ordinance or regulation? YES v'/NO__ 13. Will lot be re-graded? YES__ NO ~/Will excess fill be re'moved from premises? YES__ 14. Names of Owner of premises~Address Name of Architect Address Name of Contractor Address NO Phone No. Phone No Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES v/ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES ~ 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 · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF -~ ) {////ff~t~ ~ being duly sworn, deposes and says that (s)he is the applicant (S)He is the (Cor~actor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are 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 v t '' - 'i~$t aCy Public , ATEOr ,v ~ . · NO 524~524771 ~ rr .~ Sxgnature of Apphcant C ~',r~LIFIEOINSUFFOLK~OUNTy O,~,MISSlON EXPIREs NOV ~0, 20./_~, ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 2, 2008 Zoning Appeal No. 6215 Transmitted herewith is Zoning Appeals No. 6215 of Hope Schneider- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form, General Data, Authorization Letter from Hope Schneider to Catherine Mesiano, Inc. To represent her in this matter (2 Copies), Authorization Letter from Edward M. Schneider to Catherine Mesiano, Inc. to Represent him in this Matter, Certificate of Occupancy Dated December 27, 1982 for a One-family Dwelling built before April 23, 1957, Certificate of Occupancy Dated October 30, 1986 for an Addition, Copy of Deed from Cusumano to Schneider Dated June 29, 1989, Letter from Catherine Mesiano, Inc. Advising that there are no Covenants & Restrictions Recorded Dated July 16, 2008, Application for Board of Trustees, Cover Letter from Catherine Mcsiano, Inc. Dated August 13, 2008 & September 25, 2007, List of Where the Photos were Taken on 8/22/08, 4 Page of Photos, 2 Pages of Property Record Card, Copy of Application for Building Permit with Disapproval Dated 7/11/08, 2 Copies of Notice of Disapproval from Building Department Dated July 11, 2008, Copy of Survey Showing Existing & Proposed Construction Revised June 27, 2008 Prepared by Peconic Surveyors, P.C., 2 Pages of Site Plan Showing Existing & Proposed Second Floor & Existing Elevations, 1 Page of Proposed Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/29/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6215 SCHNEIDER, Hope 1711 $600.00 SEP 2 2008 $outhold Town Clerl $600.00 By,.{~"' Thank,'ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/02/08 * * * RECEIPT * * * Receipt#: 28386 Transaction(s): 1 I Application Fees Reference Subtotal 6215 $600.00 Check#: 1711 Total Paid: $600.00 Name: Schneider, Hope 1960 Mill Pond Lane Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6215 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of HOPE SCHNEIDER #6215 SCTM # 1000-67-7-11 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly swom, depose and say that: On the 21st day NOVEMBER 2008, I personally mailed at the United States Post Office in East MORICHES, NY, by CERTIFIED 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 official records on file with the Assessors of the Town of Southold for every property which abuts and is across a public or private street or vehicular fight-of-way of record, surrounding the applicant's property. Sworn to before me this ~q ~- day of /~ V ,2008. Notary Public CONNED Notary Public, Stata of New ¥or~ No 01BU6185050 Oual fi~ in ~lk C0mm ssion ~pir~ April 14, ~/~ . Sonja C Stein 68 Long Ridge Road /~;~;j Plandome, NY 11030 SCTM# 1001M17-7-13 RIUERfEAI) fly 11~01 (Endorsement Required) ~).42 $2."/0 $2.~ $0.00 Postmark Sen 7 County of Suffolk 330 Center Drive ' __, I'~i;~: Riverhead, NY 11901 SCTM # 1000-67-7-12 ~ ~ 20t10-56~ To .............. ~ $5.32 ~ ~ Peter J. & Cathy Hatzi ruU~ L___. 8564 Yohr Court ~ [!!r~ Manassas, VA ~ c= SCTM # 1000-74-2-38 17'- Postmark ~ ~:! / 11/21/2~0~ -, ,2-(]11 0 ............... 2G¢0O~oel & Lorraine icks undview Avenue Poco · nlc, NY 11958 SCTM # 1000-74.2.9'bT~ $0.42 $2.70 $2.20 $0.00 ~' 05.32 ~ Pindar Dammanos Sent s°nt 61 Harbor Road [i!!i~ St. James, NY 11780 SCTM # 1000-67-7-10 01//l~F~ost mark Here tl/21/20~ Re: Hope Schneider ~215 1960 Mill Lane, Southold SCTM # 1000-67-7-11 Sonja C. Stein 68 Long Ridge Road Plandome, NY 11030 SCTM # 1000-67-7-13 County of Suffolk 330 Center Drive Riverhead, NY 11901 SCTM # 1000-67-7-12 Peter J. & Cathy Hatzi 8564 Yohr Court Manassas, VA 22110 SCTM # 1000-74-2-38 George & Lorraine Fredricks 210 Soundview Avenue Peconic, NY 11958 SCTM # 1000-74-2-9 Pindar Damianos 61 Harbor Road St. James, NY 11780 SCTM # 1000-67-7-10 Re: Hope Schneider #6215 1960 Mill L,ane, Southold SCTM # ~000-67-7-11 Sonja C. Stein 68 Long Ridge Road Plandome, NY 11030 SCTM # 1000-67-7-13 County of Suffolk 330 Center Drive Riverhead, NY 11901 SCTM # 1000-67-7-12 Peter J. & Cathy Hatzi 8564 Yohr Court Manassas, VA 22110 SCTM # 1000-74-2-38 George & Lorraine Fredricks 210 Soundview Avenue Peconic, NY 11958 SCTM # 1000-74-2-9 Pindar Damianos 61 Harbor Road St. James, NY 11780 SCTM # 1000-67-7-10 CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631-878-8951 e-mail: cmesiano@optonline.net TO: ZONING BOARD OF APPEALS FROM: Catherine Mesiano SUBJECT: ROMANELLI REALTY LLC HOPE SCHNEIDER f/6215 DATE: 12/1/2008 ~6100 AND ~6224 Linda Enclosed please find the green Return Receipts I've received to date for the above referenced applications. Thanks. Cathy Mesiano · Complete items 1, 2, and 3. Also 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 mailpiece, or on the front if space permits. 1. Article Addressed to: County of Suffolk 330 Center Drive Riverhead, NY 11901 SCTM # 1000-67-7-12 A. Signature ~ Addressee B. Received by (Pdnred Na~ / 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Ratum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transferfrom~ervicel 7001 2510 0004 1873 1187 PS Form 3811, February 2004 [~3mestlc F~tum Receipt · Complete items 1,2, and item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Pindar Damianos 61 Harbor Road St. James, NY 11780 SCTM # 1000-67-7-10 D. Is delivery address different from item 1 ? If YES, enter delivery address baiow: [] Agent [] No 31 Service Type [] Ce~ifled Mail [] Express Mail I-J Registered [] Ratum Receipt for Merchandise [] Insured Mail I-1 C.O.D. Restricted Daiivery? (Extra F~e) [] Yes 2. Article Number (Transfer from service I 7 0 01 PS Form 3811, February ~004 2510 0004 1873 1217 DOmes~c Return Recaipt · Complete items 1,2, end 3. Also complet item 4 if Restricted Delivery is desired. · Print your name and address on the reve~ so that we can return the card to you. · Attach this card to the back of the mailpi~ or on the front if space permits. 1. A~ticle Addressed to: Peter J, & Cathy Hatzi 8564 Yohr Court Manassas, VA ~ SCTM # 1000-74-2-38 r'l Certified Mail [] Express Mall [] Registered [] Ratum Receipt for Memhandlse [] Insured Mall l~J C.O.D, 4. Restricted Daiive~? ~ Fee) [] yes 2. ArticleNumber 7001 2510 0004 1873 1194 (T~m~?~, from service label) ~ PS Form 3811, February 2004 Dow.~ Ret~m Receipt ~2S95-02*M4S40 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee C. Date of Delivery 2- Is delive~ address different from it~n 1 ?']Yes If YES, enter delivery address below: [] No George & Lorraine Fredricks 210 Soundview Avenue Peconic, NY 11958 SCTM # 1000-74-2-9 2. A~ticle Number ~rransfer from service label) Service Type [] Certified Mall [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mai~l [] C.O.D~ -- Restricted Daiivery? (Extra F~e) [] Yes 7001 2510 0004 1873 1200 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · 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 ~urn the card to you. · Attach this card to the back of the maitpiece, or on the front if space permits. 1. Article Addressed to: Sonja C. Stein 68 Long Ridge Road Plandorne, NY 11030 SCTM # 1000-67-7-13 D. is delive~ eddress different f~om kern 17 [] Yes If YES, enter delivery sddress baiow: [] NO 3. Service Type [] Certified Mail r9 Expmes Ma: [] Registered [] Return Receipt for Merchandise 4F9 Insured Mail [] C.O.D. · Restricted Delivery? (Extra Fee) r-] Yes__ 1170 2·A~tiaieNumber 7001 2510 0004 1873 (Transfer from se~ice la~ . PS Form 3811, February 2004 Domestic Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (~lame of Applicants) -- AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ~000- b "/ ") ~ ! / COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~/?'t/;l~ Pg' / rl'~, J~dO.~ 0 residing at~~.~ _, New York, being duly sworn, depose and say that: On the .~a~{::~ day of~ ~ I personally placed the Towu's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from tile street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way enlrance;* and that I hereby confirm that the Poster has remained in place for s~ven,days prior to flYat date of the subject bear/rig date, which hearing date was shown ltl be _~ ~ (Signature) Nota~Public, StatoOfNewYo~ No. 01D06095328, Suffolk Coun~ TermExpiresJulyT, 20~! _ *near the entrance or driveway entrance of my property, as the area most visible to passersby. CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mall: cme$1ano~optonline.net November 20, 2008 Re: Hope Schneider ~215 1960 Mill Lane, Southold SCTM # 1000-67-7-11 Dear Sir or Madam: I am the agent for the above referenced applicant who is requesting a variance from the Southold Town Board of Appeals. Enclosed please find a copy of the Legal Notice and plan describing the nature of the request. Should you have any questions or comments, I can be reached 631-878-8951 during regular business hours. Very truly yours, Catherine Mesiano President Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS Mailing Address: 53095 Main Road P.O. Box 1179 Soulhold, NY 11971-0959 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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, DECEMBER 472008: 10:35 A.M. HOPE SCHEIDER #6215. Request for Variances under Sections 280-116, 280-122A, 280-124, based on the Building Inspector's July 11, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building. The reasons stated for disapproving the building permit application are that the new construction: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a single side yard at less than 10 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot buildable area; and (3) in addition the proposed construction is less than the code- required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code limitation (maximum) of 20%. Location of Property: Goldsmith's Inlet at 1960 Mill Lane, Southold; CTM 1000-67-7-11. 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: November 12, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 SCHNEIDER RESIDENCE 1960 MILL LAN~ PECONIC NY ~1958 LOT36 ZONING CALCULaTiONS Gerard P. Goehringe/~~ James Dinizio,~hV,,~ Or SOUT}~OLD _ George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DI: i ~RMINAT~ON SPECIAL MEETING OF MARCH 4, 1999 Appl. NO. 4658 - JEANNE SWEET BARTOS 1000-67-7-14 STREET & LOCAIATY: 1820 Miff Road, Peconic DATE OF PUBLIC HEARING: February 23, 1999 HNDING~ OF?ACT PROPERTY FACI~/DF~CRZPTION: The subject property contains a total area of 9,357 sq. f'c, with 100 ft. frontage along the north side of NIII Road, Peconic. The property is improved with a single-family dwelling and accessory shed ~e building as shown on the September 22, 1998 su~ey prepared by John C. Ehlers, L.S. ~J~: The Building Inspector's two ~anuary 7, 1999 Notices of Disapproval, under Article XXZII, Section 100-239.4B and Arfide XX[V, Section 100-2~,B for the reason that total lot ~overage limitaUon and setl:mck~ from bulkhead will not be in conformity with the Zoning Code, for a proposed addlUon to dwelling and "as built" 10' x 14' deck. AREA VARIANCE RELIEF REOUESTED: Applicant proposes to expand an existing house. IniUally, applicant also requested approval of an 'as built" deck measuring 10 ft. by 14 ft. At the February 23, 1999 heating, and In correspondence from the applicant's architect dated February 25th and IVerch 1, 1999, applicant indicated that the deck will be removed and thus should not be counted in the lot coverage calculation. Ar, cording to the figures submitted by applicant's architect, lot coverage including the proposed house expansion but without the 10x14 deck Is 19.8%. Consequently, no vadance Is needed with respect to Code Section 100-244B, and applicant's request is solely for a variance allowing the house addition to be set back 23 feet from the bulkhead at the dosest point (the northeast comer). The northeast corner of the existing house is 27.6 f~et from the bulkhead. RE~)NS FOR BOARD ACTZON, DESCRIBED BELOW: On the basis of testimony presented and personal Inspection, the Board makes the following findings: (1) Eecause the lot Is shallow, applicant requires a setback variance in order to make any meaningful addition to the house. Even after the expansion, the house will be small In size and consistent with nearby dwellings. Grant of the setback variance will not change the appearance of the property in a way that would produce an undesirable change in the character of the neighborhood or detriment to nearby propeffies. (2) The requested variance Is not substanUal because the part of the proposed eddl0on thatextends beyond the long-established house setback of 27.6 feet Is a triangular segment of only about 30 SCl. ft. Page 2 - lVlarch 4, 1999 Appl. NO, ~1658:1000-67-7-14 (Bartm} Soutt~old Town Board of Appeals (3) There are no factors present to suggest that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (4) The grant of the requested setback variance is the minimum acUon necessary and adequate to enable applicant to expand the existing house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RE ON: On motion by Member Collins, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested variance authorizing const~Jction of an addition as described, with a minimum ~ of 23 feet at the closest point to the bulkhead, VOTE OF THE BOARD: GOEHRINGER, DINIZ[O~, COLLINS, (MEMBER HORNING of Fishem Island was absent and e~cu~~ //" CHAZRIVlAN / For Fiji,rig 3110199 ®OL~dl TH '~ INLET NBg'48'36"E 93.88' SURVEy OF LOT 9-/ ~ PART OF LOT ;~6 "HAP OF BALLET' PARK" FILED 5EFT. 26, Iq~2 A5 # IOq-/ SITUATE, PEC, ONI( TOI, NN OF SUFFOLK GOUNT"r', To: Mr. Michael Bart. os ! 820 Mill Road Pecoulc, New York 11958 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N,Y. NOTICE OF DISAPPROVAL Date: January 7, 1999 PLEASE TAX.E NOTICE that your application dated December 30 , /,998 For permit to Construct an additiondalteration to an existing sinelc family dwelling at Location of Property 1820 Milk Road Pecordc New York County T~ Map No. District 1000- Section 67 - Block 07 - Lot 14 Subdivision: Piled Map No. Lot No. Is returned herewith and disapproved on the follov, Sng gxounds: Under article XXIV. Section 100-244.B. lot coverage shall not exceed 20%, The provosed. cor~qtruction, including the existin~ shed and bu/khead deck. constitutes 21.4%. This is 135 sou,are feet over the allowable Proposed Sinole Family Dwelling: 1.748 So. Ft. Proposed deck: 140 Sq. Ft. Existin~ Storaae Shed: 48 Sq Ft. Existing Deck ~ Bulkhead: 70 So. Ft. Total Area Prooosed: 2.006 Sa. Ft. Lot Size: 9.357 Sq. Ft. 20% x 9.357 = 1.871 Sq. Ft. Max. 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, KY P.O. Bo~/1179 ~_ I~Southold, ~ 11971 ]1 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Pnnc~pal Planner LWRP Coordinator Date: October 2, 2008 Re: ZBA File Ref. No. 6215 (Schneider~, SCTM# 104.-3-8 ((~ '7- 7-'/~ ) 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 second story" addition is CONSISTENT and the proposed "new deck" action is INCONSISTENT with the denoted following 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. The distance from the proposed deck to the bulkhead on the property in _+14'; and _+7.5' to the bulkhead to the east of the property; a minimum setback distance of 75' from the bulkhead is required pursuant to Chapter § 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 soun& shall be set back not less than 75feet from the bulkhead. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. 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: Kieran Corcoran COUNTY OF SUFFOLK st~ve Levy Paul TeN~enhuis DISTRICT M~A~G~R (631)727-2315 x3 Gerard P. Goehdnger, Chairman Southold Town Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 September 22, 2008 ZBA File Reference No. 6215 Dear Mr. Goahfinge~ We have completed a site inspection of the parcel at 1960 Mill Lane, Peconic as you have requested. The lot slopes towards the Bay with surface water runoff and roof runoff flowing directly to it. Along the top edge of the slope is a wooden 4 by 4 edge surrounding the property up to an existing bulkhead. This runs along the north eastern property boundary. Large cobbles cover the beach front along the north edge at the waterfront There is a concrete slab of sorts that is breaking apart near the northeastern boundary at the top edge of the slope. Five trees are growing at the very edge along the top. All of the guttem lead to downspouts that exit onto the ground surface. The one at the rear of the house first exits onto the deck. It is very important that this construction activity have an Erosion and Sediment Plan. Great care should be exemised to follow protection of the Bay as surface water runoff flows directly to it. Use of a Straw Bale and Silt Fence Sediment Barrier is strongly recommended. It is also of great importance that this be installed properly and in the correct place. The finished house should have the downspouts directed into drywells to eliminate this water from entering the Bay directiy. High water table at this site may prevent the use of cement rings. Consider using storm water chambers instead. After construction activities are completed the disturbed grounds should be reseeded and replanted as a part of the Erosion and Sediment Plan. Removal of the ~ along the top edge of the slope is also recommended. However, this should be done by only cuffing them down to the ground surface and leaving the stumps intact Also consider removal of the concrete slab. This adds significant weight to the top edge of the slope and may cause further erosion. Although the Survey shows the mean high water mark to be below the bottom of the exposed toe, storm level tides will reach the toe. Contact Jay Tanski at New York Sea Grant, phone 632-8730 for recommendations regarding toe stabilization. If there are any further questions please feel free to contact us again. Respectfully, Paul TeNyenhuis, District Manager 423 GRIFFING AVENUE SUITE 110 RIVERH~AD, NY 11901 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DIRECTOR OF pLANNING September 8, 8EP 1 5 ~,oARD OF AppEAlS Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s'} Pollio 6205 Traendly 6207 Judge 6209 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/s l'heodore R. Klein Senior plarmer LOCATION MAILING ADDRESS H, LEE DENNISON BLDG, - 4TH FLOOR P.O. BOX 6100 (631) 853 8190 100 VETERANS MEMORIAL HIGHWAY HAU PPAUGE, NY 11788-0099 TELECOPIER (63 I) 853-4044 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 I week(s), successively, commencing on the 5th day of February, 2009. ,~¢c,f,z.,,~ .~/~,.,,,'~..~ Principal Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, tile following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York fLgT[-0c~59, on THURSDAY, FEBRUARY 1~, 2009: ~ A.M. JOHN and MARGARET TONER · 6239. Request for Variances under Section 280-124. based on the Building Inspector's amended October 20. 2008 Notice of Disapproval concern- ing as-built additions and aIteradons which exceed the code limitation of 20% of buildable area lot coverage and is less than the minimum required setbacks for combined side yard setbacks of 25 feet. Location of Property: 875 Sigsbee Road, 12 and 280-124. based on the Building Inspector's amcn$ted October 10~ 2008 Notice of Disapproval and the owner's request for a building permit to con struct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single4amily dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-famliy dwell- ing will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Grea[ Pecoinc Bay; (4) a new accessory buildlng is pro~- posed witb (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. 11:00 A.M. MICHAEL and DANA MEYRAN ~6251. Request for a Vari- ance under Sections 280-122A and 280- 124. baaed on the applicant's request for a building permit and the Building Inspector's November 6, 2008 Notice of Disapproval Under Zoning Code In- terpretation g5039 (Applicatlon by R. Walz). concerning proposed reconstruc~ tion of a dwelling in a location which will increase in the degree of noi~confor- nuance at less than 35 feet from the code- required minimum front yard setback, at 2~0 Youngs Avenue, Mattituck; CTM : · 11.30 A.M. MICHAEL and LAURA CHAPMAN LIVING TRUST ~6249. 2804[~.~nd 280-J~4; I)ased on the (merged lot). CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO, 01-VO6105050 Qualified in Suffolk County 9'.40 A.M. PHYLLIS KAUFER # 6240. Request for a' Variance under Section 280-15c~ ba~ed on the Building Inspector's October 6. 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code limitation of 750 square feet, Location of Proper~y: 3175 Naasau Pdim Road. Cutchogue: CT/vi 1000-104-13-12. 1'30 P.M. LLOYD KAPLAN # 6221 IcanTover, pending, alternative plan or other information fi'om applicant). swimming pool at less than 40 feet fi.om front line adjacent to street, (2) lot cov- erage exceeding 20% code limitation on tins 14.679 square feet of land area adjacent to the Long Island Sound. at 105 Soundview Avenue. Southold: CTM 50-2-3. ~ P, bL ~OPI~ SCI~IDF_At ~ ~ (carrYover, pending alternative plan or other information fi.om appli- cant). New dwelling on 4.914 square feet of buildable area. at 1960 Mill Lane {Goldsmiths Inlet), Southoin; ~ 67-7- 11 and Variances to increase the degree of rear yard setback nonconformity less than 35 feet, (2) to increase the degree of side yard setbacks at less than 10 feet and less than 25 feet combined. {3l less than 75 feet fi.om the bulkhead (4) ex ceoding the code limitation of 20% lot coverage. 2'.30 P.M. DIANE and HENRY HOBBS ~6247. Request for a Variance under Sectintls 280-122A and 280-124, based on the Building Inspector's Sep- tember 24, 2008 Notice of Disapproval and ZBA #5039 (Zoning Code Inter- pretation in the Matter of R. Walz). The Building Inspector states that the pro- posed alterations and additions to the exLsting single-family dwelling will con- stitute an increase in the degree of non- conformance at less than 40 feet from the code-required minimum front yard setback, at 800 Sterling Road adjacent to a freshwater pond~ Cutchogue; CFM 1000-104-4-9. 'Hie Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion o~ each hear- ing. Each hearing ?ill not start earlier than designated above. Files are avml~ able for review d~ring 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 (63I) 765-1809, or by email: Linda. Kowalski@ Town. Southold.ny.us. Dated: February 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location 53095 Main Road (Mailing/USPS) EO. Box 1179 Southold, NY 11971-09~9 ~177-1T 2/5 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings 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~ DECEMBER 4~ 2008: 10:35 A.M. HOPE SCHEIDER #6215. Request for Variances under Sections 280-116, 280-122A, 280-124, based on the Building Inspector's July 11, 2008 Notice of Disapproval concerning a proposed new dwelling, after demolition of the existing building. The reasons stated for disapproving the building permit application are that the new construction: (1) will be an increase in the degree of nonconformity with regard to the rear yard at less than 35 feet, (2) will be an increase in the degree of nonconformity with regard to a single side yard at less than 10 feet and with regard to total side yards at less than 25 feet combined, on this 4,914 square foot buildable area; and (3) in addition the proposed construction is less than the code- required minimum of 75 feet from the bulkhead and the lot coverage will exceed the code limitation (maximum) of 20%. Location of Property: Goldsmith's Inlet at 1960 Mill Lane, Southold; CTM 1000-67-7-11. 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: November 12, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY l 1971-0959 FACSIMILE TRANSMITTAL SHEET Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~UPDATE [] PLEASH COMMENT [] AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ~ #9111 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 27th day of November, 2008. ', .~ "z....-~- ~4n~cip~i-'Cle rk Sworn to before me this / day of /4~--~ ' 2008 LEGAL NOTICE S01JTHOLD TOWN GEITZ #6218. Request for a VariaO. ce ~ under Secti0n 280;1i6A~(2)~ qoased 4n he Bud ~2 InspectOr's;June* 10¢ ,~2008 ' Notice of Disapproval &oncem ns an as-bd ~t deck aS r~coastractcd with, a bhcE ~t I~ss thhn 100 fedt froth th~'~di~ na/y higi~.-water rdark df ibc ~ l~iand Sotmd~ ht ~580 LeEt6n D'dY~i Southotd¢ CTM]lOOOd58L2:5; ll:I5'A.M. FRANK SCAROLA, g6227. RE§ues~s for: (1),a S~eci~l' Exl*~ ception un'let Section 280-13B for co/i Se~ 3~g 280-!3~ ~d stating that: (~)}~onvers a non=mrmlhea h&; hh8 (b5 thfi{ ~fie 10t she is required to be 169 000 square fegt for'~'i~0 'lam y deefllhg Zone District: tr e~'Eocatlon 9f'~o~e~:'~5~ sofln~ CHRISTINA VOLINSKI NOTARY ?U~[IC-$TATE OF NEW yoRK NO. O~.VOb105050 Qualified in Suffolk County quest for ~ard0tber ~arear y~d'(thgpro~erty a ~mpdse¢ nd~;dwe ~g,~/{r;demo - Location of Pr0pertyt 1380 Calves NECk Rqad, South0ld;~M t~6%7 25. ~6226 Request for a Variance under Mf~ keg~d (~'t[gtfednt ~}~t¢a~k at Inspector's Septembgr 5, 2008 Noti9~ o{ Disappr0~al d~ncerning a proposed hdc s~¢'~L ~0n o¢ 2~rop~rt~ 695 dition %hich ~llb~/e~s ~ tket~6~dd ieq~ired min~h~0f 50 f¢~t for [~e rear yarff:~tback, at 345 Bunny Lafi~;'~6~" Request roi Variances tinder Sections 280 15C and 280-124, based on the Buddiug inspectors amended Septem- ber 2, 2008 Notice of Disapproval con corning an accessory switnmlng pool proposed with a f¥ont yard setback at less than the code required mm0num of 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on dais buildablc area of 14.679 square (I) will be an increase in the degree of (3) in addition tile proposed construction Cntchoguc: CIWI 97-3 31 (formerly 9% under Sections 280-42A and 280-43A & C, based on the Btfilding Inspectm's Disapproval concerning a proposed (1) pursuant to the Bulk Schedule, one use pet 80,000 square feet is allowed the pioposed coilstluctiou (thlee build- ings) is not permdted on a lot contain- (2) proposed Building #I ts not (3} proposed Building #1 is not per right-of-way of NYS Route 25; (4) proposed Building #2 is hal per (5) proposed building #3 is nol per 280 40B(2) 1:30 EM. Continued looming STEVE and OLGA TENEDIOS #6]98 CFM I000 54-4-18 adjacent to the Eong Island Sound, ID5 P.M. RYAN and JENNIFER 280 i2, 290 1~0 and 280 124, based on the Building Inspector's Septemb¢? 19, 2008 Notice of Disapproval conccrmng a proposed new dwelling (after demolish- ing the existing building) and concermng lng garage with nonconforming sleeping area and a full bathroom 'It~e new con- ing reasons: (1) the new dwelling and the new accessory building will both be less talside yardsless than 35 feet; (2) the ac a second dwelling: (3) the accessory ga rage building will be less than lfi feet a single side yard and lcss than 35 feet ~ ~.rear yard a! 16ss than 35 feet; ~3) ~ ~ ng.,If y~ou have guestions, pleage do not fTU: be g~eater than 60 i~near feet 0,f~'ontgge , ~fieslt~{~ {o ~6h{act ~[ 0~ice '~t (631): Mai6 Rbad (~s Route 25) and Factory: Town.Southold.ny:us. , ::' : Dated:N0ve~ber-13;2~8; :':: · . Each he'ring will not 5tart'ear er _Sdhthold, Ny 11971¢0959 arid for review dUrin£ re,friar business 9111-1T 11/27: Mattit~ck, in the Town of Southold, County of Suffolk ana ~[ate or rqew ~ u~r., ~t.u t,,~, the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 27th day °f N°vember' 2008' ddf..-~---- ~ ~rin~ ' ' ' Clerk Sworn to before me this / day of_ ~-~' 2008 GEITZ #6218. Request for a. Variafide Under Sec-~on 280~11~6,~(2), :based be Building~ lnspecto~ ~ ~n~ 1~ 2008 Noti~ of Bisapp?oval~mnc~r~in~ an a~-bh~t de~k as r~constructed ~ith:a sd bhc~ ~t i~il th~n,~00' fe~t ~o~ t~d;'~fdi5 na~y fii~z~ater m~k df the So~fi{~ht;iS80 Eeetdn ~d~ S0~oldv ~M ll'iS"XM FRANK SCAROL&~ ~6227. Reduests for: (!)a Specta! ception under Section 280-13B ~or versioa of'~a esisting b~!4~g:*~ ~, fam~ dwe n Sect ong 28043~ ~d stating thab ( ~),-~9~e~ton ~'t~¢:~ so~ buildings'~6¢ rise ~g w~e~t~age a ngn~rmiU~a ~¢~ ih~ (b~ thai {helot LEGAL NO~ICE qDEE 8625-13' ¢; Re- Bitild~n Location of Prtpert~ Road; Southold; GTM 1000.63-7 25. ln-'~i 9:40 A.M. VICKY GERMAISE ~6226; Request for a Vafianc6 under Section 280:124, based on the Bu ding ess than the eode-req n n 2 22 or's Se tembe[ 5 2008 Notice o{ 40 ~5~A~} ~ncemin~ a prt~0s~d ~d- ~}~[e~{~ ,~ b~'[e~ th~ tfi~~de~ ~A~e~ff~ (a~la ~ ~e~etts yaiff setback~ at 345' B~n~ Lafi~;'Ne~' !:~o 9:50 AM. LLOYD KAPLAN ~622i. Property: 36660 Route 25 (Main Road), 280 15C and 280 124. based on the BuddMg inspectors amended Septcm- bc~ 2, 2008 Notice of Disapproval con- cerning an accessory swimming pool proposed with a front yard setback at less than the code required minimum (if 40 feet and with lot coverage exceeding the code limitation of 20% (maximum) on this buildable area of 14.679 squaIe feet adjacent to the Long Island Sound location of Ploperty: 105 Soundview 10:35 A.M. HOPE SCHEIDER ymd a ess than 35 leer. (2) will be ?n (3) in addition the proposed constr~cl~on Southo}d; C~M 1000 67J71 ~ Cutchogue: C~M 97-3-3 1 (formerly 97-; under Sections 280 42A and 280 43A & C. based on the Building Inspector's November 19, 2007 amended Notice of Disapproval, concernmg a proposed contiactol's wlrd and three principal build0ms on }his 63.338 square foot lot in a LB-Limited Business Zone District (1) pursuant lo linc Bulk Schedule. 280-40B(2). lng ga aec wdb n0nconformin~ sleeping P - 1 : 7 a ~ear :yard at e~s than 35 fee~(3) ~dl ~t~ ~0 ;~thg~t ~ ~ ~ ]at (63}) area and a full b broom. The ne~r CO[~ ~ gl "' Ononds fedt ~eai~0fiotProdet~45, ~ !~~ - ~ n-us '' struct o~ s not permitted for the follow ,~ tU ~ ~n: '. i ~ ' ,u: ' ' ' ~ ]Road ~SR0ute25)andFactou: Town.~oulno · y ,ew ccessorv building wdl both be Ivss a sdevadslessthan35feet;(2) theac ~ ~ 3~ ~e Bb~;doi'~P~igh~grg~ ' '~"~ ~- c~RM~ cessorygaragcbu dingconstrucBonwill 1 an ner~0ns or mcr represenlalYes' de~l con n a non-permitted code use and is for total side yard setbacks comb,ned, sideyard a~!es, ~anthe~de~; ;~,~oj~e722 i0 th: d~-o[ the hear_ 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.north fork.net November 13, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 20th 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 25th: 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 us by December 2, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. O~ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.nel BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Maili~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: / Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT F~OR YOUR UPDATE [] PI,EASECOMMENT [] AS REQUESTED [] ........... NOTES/COMMENTS: Please find attached copy/copies of d~e following: Thank you. Sender's Initials: APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOLITHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 29, 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. 6215 (SCHNEiDER) Dear Mark: We have received an application for a reconstruction, 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. Goehringer Chairman Encls. APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 29, 2008 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location_: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6215 Action Requested: Within 500 feet of: Owner/Applicant: SCHNEIDER Reconstruction ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 29, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6215 (Schneider) Dear Sir or Madam: We have received an application for a project adjacent to Goldsmith Inlet in Peconic, NY, and shown on the enclosed site map. The heating 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. CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 PHONE/FAX: 631 -878-8951 e-mail: cmesiano@optonline.net TO: PAT CONKLIN FROM: Catherine Mesiano SUBJECT: SCHNEIDER- 1960 MILL ROAD, PECONIC DATE: 7/2/08 Pat, Attached please find the most recent revision of the survey of the Schneider property with the data you requested. Also, if you check the septic system detail, you will see that the grade will be modified to accommodate the septic system and the basement will conform to FEMA flood zone standards. I don't think we should have an issue with the house being 3 stories. Please let me know what you think. Thanks. Cathy ~ fern [$r~ ~ ~ STANDARDS FOR Ai~OVAL ~OSALAND__C'IR~"--ACE SYS-- F~ --E F~S~'Y ~N~S ~0~~~ ~ .~ ~ ~r ~ =~,~o~ .., ,.,~ ,..~ ~ o. ~, '~' SURVEY OF PROPERTY' p~l lo cwzlr~L .. · · shown hereon ~e from field Observotioos ~ ~ ~,o~ ~,~, e~.~ ~o~ oeec,. TO WN OF SOUTHOLD ~., ~ I ;' ~ / ~ SUFFOLK COUNTE ~ Y. ~ ~ ~ / SYS~ DEgGN Jan. 7~ ~008 ~aaatnonsl ~j~ ~ Jan. 11, ~O08Jodditionsl I [~.x ~ / 'LOT 55 ' S~THOLD, N.Y. 11971 I I~ ~ I ~ ~ (63U 765 - 2954 I I~ h ~. / 149'-- .o.. Z, Jooe ~:ddll, o.s~ ~ FIRM 36103C0161 ~, FLOOD ZONE AE el. II JL COASTAL BARRIER ZONE IDENTIFIED II/I 6/91 · = WETLANDS FLAGS 8Y ROBERT FOX, L.S. NOV. ~ 2007 ELEVATIONS ARE REFERENCED TO N.G.V.D. ~9 AREA-e,070 80. FT. ~;~ TO TIE LINES LOT NUMBERS REFER TO "MAP OF BAILEY PARt~"[d'.~?~FiL_~D IN THE SUFFOLK COUNTY CLERK'S OFFICE ON SEPTEMBER 26, 1932 AS FILE NO. 1097. ANY ALTERA~70N OR ADDIIION TO D~IS SURVEY IS A VIOLAI~ON (~' SECTION 72090F THE NEW YORK STAIE KDUCA170N LAW. EXCEPT AS PER SEC~70N 7209-SUBDIt4SION 2. ALL CER~7FICA17~VS HEREON ARE VALID FOR THIS MAP AND C(~°IES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ~O.4D '"" 2_ . EXISTING SANITARY SYSTEM TO BE REMOVED ~ IN ACCORDANCE WITH SCDHS REOUIREMEN1'S~ . EXISTING WELL TO BE ABANDONED SEPTIC SYSTEM DETAIL NOT 70 SCALE IoJ I- PRECAST I000 GAL. SEPTIC TANK 5- PRECAST L~ACHING POOLS 8'~ . 2' d~_eep WITH 3' SAND COLLAR - BOTTOM Of POOLS TO BE ~' MIN ABOVE GROUND WA TER ~ t~ei/ CENTER POOL OF 5 JUL 3 ' "q i (631) 765-5020' " ' P..O. BOX 909 ~ 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 06-~13 ....................... b~LTCE ~ COUNTY OF SUFFOLK (~) ~l ,,~ %, '""~ COUNTY OF SUFFOLK Real Property lex Service SCHNEID R R SID NC 1960 MILL LANE, PECONIC, NY 11958 ~ PROPOSED RENOVATED AND EXPANDEDHOME RAISED FRONT YARD _ AT SEPTIC SYSTEM NEW RETAINING WALL WITH BLUESTONE CAP AND VENEER STONEFAOES PROPERTY L~ GRAVEL DRIVEWAY ~AXON,O,, M,~TRIC VIEW OF HOUSE SCALE' 1/4 =1-0