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APPEALS BOARD MEMBER5 Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net RECEIVED -~ ZONING BOARD OF APPEALS ,0 v2 I 't 5' TOWN oF SOUmOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · IZO. Box 1179 Southold, NY I 1971-0959 Office Location: Town Annex/First Floor, No~th Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 $outhold Towfl CIcr~FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD NOVEMBER 13, 2008 ZBA # 6217 - ROBERT and PATRICIA FRIEMANN, APPLICANTS PROPERTY LOCATION: 2935 Pine Tree Road, Cutchogue CTM 104-3-8 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 for review 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 22, 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. LWRP DETERMINATION: This application was found to be consistent under the standards and policies of Chapter 268 of the Town Code. PROPERTY FACTS/DESCRIPTION: The subject property contains 27,646 square feet, excluding the square footage at the beach and wetlands seaward of the retaining wall, and is 120.71 feet wide along the high water mark of Little Creek to the east, 251.78 feet to the south, 127.70 feet to the west, and 282.85 feet to the north. The property is improved with a single-family house, as shown by a survey prepared by John C. Ehlers, L.S. dated October 29, 2006. BASIS OF APPLICATION: This application for a Variance under Section 280-116B is based on the Building Inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single-family dwelling at less than 75 feet from the bulkhead ADDITIONAL INFORMATION: This application is for an amendment to building permit #33900-z, pursuant to the issuance of a stop work order on June 26, 2008 concerning change in the scope of the project approved under ZBA #6139. Page 2 - November 13, 2008 ZBA # 6217 - R. and P. Friemann, Applicants CTM 104-3-8 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 30, 2008, 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 apphcant requests a variance to permit a roof alteration for a dormer, to be 45.9 feet from the bulkhead (confirmed in a September 8, 2008 letter from Mark K. Schwartz, AIA). The setback from the side lot line will be conforming at 15 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed dormer will be 44.9 feet fi'om the bulkhead. The house itself is set back 24 feet from the bulkhead. The dormer will not expand the house beyond the existing footprint or establish a roofline higher than the existing ridge. 2. Town Law §267-b(3)(b)(2). The benefit of a second-floor dormer cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Any addition to this existing non-conforming house will increase the degree on nonconformity. The entire existing house is in a nonconforming location. 3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The proposed 16' x 11' dormer will be set back 15 feet from the side yard and 9 feet from the most seaward portion of the house. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dormer, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - November 13, 2008 ZBA # 6217 -R. and P. Friemann, Applicants CTM 104-3-8 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as apphed for, as shown on the site map Sheet S-1 amended by Mark K. Schwartz, A.I.A. and Drawings A-l, A-2, A-5, A-6, all dated September 03, 2008. Any deviation from the variance given such as extensions, or demolitions which are not shown on the apphcant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Me~ (Chaijm~, Oliva,.Dinizio, and Simon. (Member Weism~~_Th~t~!~~ OE R N ER, APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION APRIL 10, 2008 ZB File # 6139 - Robert F. Friemann Property Location: Pine Tree Road, Cutchogue CTM 104-3-8 APR 21 2008 . deft - 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 March 11, 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. LWRP CHAPTER 268: The architect offered testimony at the hearing and stated that on the water side of the dwelling approximately 75% of the existing foundation will remain with the existing garage converted into living space as part of the existing dwelling. A new attached garage will be constructed at the front (southerly side) of the home with a vehicle entrance from the north. An action of consistency is issued under Code Chapter 268 under Policy 5 and Policy 6 and relevant Standards, as submitted to the Board of Appeals in this review. The applicant has confirmed with this project plans to increase the setback of the sanitary system farther from the shoreline, a drainage system of drywells to capture and recharge roof runoff from the building construction areas, and similarly noted consistencies with the LWRP Policies 3, 5 and 6; see Determination of Consistency issued under Town of Southold Wetland Permit #6801. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of 31,972 square feet (metes and bounds) with 127.70 feet of frontage along Pine Tree Road. The property is improved with a one-story dwelling as shown on the 10-29- 2006 survey prepared by John C. Ehlers, Land Surveyor. BASIS OF APPLICATION: Request for Variances under Sections 280-116B and 280-124, based on the Building Inspector's November 19, 2007 Notice of Disapproval Page 2- April 10, ZBA #6139 - Robert Friemann CTM 104'3'8 concerning proposed partial demolition of an existing dwelling, alterations, and additions to the dwelling, at less than the code-required minimum of 15 feet on a single side yard and less than 75 feet from bulkhead/retaining wall, adjacent to the shoreline of Little Creek. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 27, 2008 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 RE©UESTED: Applicants are requesting the partial demolition of the existing dwelling, to allow for new construction as alterations and additions, at 12 feet from the side yard where the code requires 15 feet as a minimum setback on this side yard, and at 23 feet to the bulkhead from a proposed new deck with entry steps. ADDITIONAL INFORMATION: More specifically, the extent of relief that is being requested will include additions and alterations to the existing structure, demolition of the existing roof structure, removal of interior walls as shown on plans, construction of new interior walls, alterations to exterior walls with new windows and doors, sheathing, siding. Also requested are first'floor additions and a new second floor, utilizing the three walls of the existing sitting room and new foundation walls constructed as shown on the foundation plan, except that there will be foundation walls remaining in place, and new exterior wall sill plates to be removed and replaced. Also proposed is an open deck addition on the easterly side of the dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267'b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because: a. The existing home has been in this location for more than 60 years; b. Most of the existing foundation will be utilized; c. The additions and alterations will not create any impact on the immediate adjacent properties or neighborhood; d. A drainage system of drywells on the landward side of the home will capture and recharge roof runoff from the building and related construction activities. e. The proposed one-story deck will remain open and unroofed, which will not be visible from the street. Page 3-April 10, ZBA #6139 - Robert Friemann CTM 104'3'8 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.. A total demolition of the foundation, and entire home, would cause a greater disturbance to the site than the 75% reconstruction of the home with alterations in the nonconforming setback location on existing foundation areas. 3. Town Law ~267-b(3)(b)(3). The variance requested in this application is not substantial, based upon the size of the parcel and the environmental factors to replace a substantial portion of their existing home. This single side yard variance meets 80% of the code requirements. The relief requested for the setback to the bulkhead is substantial, however, for the requested unroofed deck addition. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The home was placed in this location prior to the current regulations. 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. There is sufficient land available to construct a home at the minimum code-required 75'. However, the environmental agent submitted testimony to indicate that 75% will be in place in kind construction of the first-story of the home. The additional 25% of new construction and the second-story construction will net compromise the character of the neighborhood, nor will it impact either the physical or environmental characteristics of the waterfront on this parcel or the parcels on either side of the subject property. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations, while utilizing a major portion of the existing dwelling, and 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 Chairman Goehringer, seconded by Member Simon, and duly carried, to A) Deny the variance as applied for concerning the setback from the proposed deck to the bulkhead, and to GRANT Alternative Relief, reducing a section for the proposed deck at a minimum 24 feet (instead of 23 feet noted on the survey dated 2-10-2008, and instead of 22 feet noted on the Building Inspector's Notice of Disapproval); and to B) GRANT the remaining requests under this application, as shown on the map A-2b with ZBA date stamped Feb. 25, 2008, EX-1 dated Jan. 31, 2008, A- 1 dated January 24, 2008, and A-2 dated January 24, 2008, all prepared by Mark K. Schwartz, A.I.A., and the survey (with red notations) date-stamped by ZBA Feb. 12, 2008, prepared by John C. Ehlers, Land Surveyor; Page 4-April 10, ZBA #6139 - Robert Friemann CTM 104-3'8 SUBJECT to the following Conditions (based on Board Member discussions and statements made during the hearing by the applicant's environmental agent that the following improvements would be made on the site and as permitted by environmental agencies): 1. Replacement of the existing retaining wall (with increased height as permitted by environmental agencies); 2. Non'turf buffer between the foundation (on waterfront side) and the retaining wall to be maintained at all times; 3. New deck will be completely constructed of environmentally sensitive wood. No ACQ or other types of treated lumber will be permitted to be used on the waterfront side of the dwelling; 4. The exception of condition #3 is any type of material for the reconstruction/replacement of the retaining wall that is approved by NYS DEC; 5. All storm water roof runoff will be diverted into dry wells that will be located on the landward sides of the dwelling. The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehrin~gar~Chairmaa), Simon and Weisman. ~.e0m.2~r Dinizio and Member Oliva w. cr.e~sent. )l~hisf / ~on was~uly adopted /Ger~d~P. Go~hringer, Chairman I/~'/2008 proved for Filing FOR DRAIN 12" MIN, FLAT STONES PREFERRED (25%) BE HEADER TYPE: LENGTH 2-t/2 t2 TIMEE THICKNESS) )INT8 INTO HILL ~E U~ ^LO~ UNDISTURSED SOIL SHOULD NOT BE LESS THAN HALF THE DISTANCE FROM THAT , , , r,, ~, , ,.] ~ ~ :,,;, ,~ ;~' __~ I~ 10 BELOW LINE) PO NT TO TEE TOP OF THE WALL, ' ~ ....... ,-,~ ' ¢' ! FEMA FL~OOD ZON~' I I EXISTING I STY. HOUSE STORNWATER HANAGEHENT REOUIREHENTS I ALL ~U~RS & OTHE~ ) 180' PORCH ~ ~, ~, ~ ~ [[ / NEW PROPOSED g SILT FENCE AD2ACENT TYPICAL RESIDENTIAL pROPERTY HOUSE FOOTPI:tfNT STRAW BALE AND SILT FENCE RECOMMENDED TOE-IN PRE-ASSEMBLED SILT FENCE CRZTERZA FOR SI£T FENCE MATERIALS STRAW BALE DIKE DETAILS SILT FENCE DETAILS pROPERLY INSTALLED STRAW BALE I RUNOFF SOALE: 1" = 20' [ SCTM# 1000-104-3-8] SITE DATA: DESCRIPTION: AREA: LOT COVERAGE: PROPERTY: 31971.2 SQ. FT. EXISTING HOUSE: 1754,4 SQ. FT. 5.5% EXISTING SHED: 64.0 SQ. FT. 0.1% EXISTING PATIO, STOOPS, SIDEWALKS: 35t.9 SQ.FT. 1 .t% TOTAL EXISTING LOT COVERAGE, 6.7% PROPOSED ADDITIONS: 1201.t7 SQ. FT, 3,8% PROPOSED PORCHES / DECKS: 1189,0 SQ. FT. 3.7% REMOVE EX. PATIO, STOOPS, SIDEWALKS -351.9 SQ. FT. -1.1% TOTAL LOT COVERAGE: 13.t% oil ol FINAL ~-~IE~ =.D BY Z8i iEE DECISION # )ATED It SEP 5 2008 BO&RD Or PERMIT AMENDMENT APPLICATION REVISIONS: m m DRAWN: MH / MS SCALE: 1" = 20' JOB #: September 03, 2008 SHEET NUMBER; S-1 REVISIONS; WEST ELEVATION PROPOSED ROOF ALTERATION (DORMER) FINAL MAP ~ ~._~ REVIEWED BY ZBA I ~~ ISEE OECI$1ON#~.i_I .~ " SOUTH ELEVATION SCALE: 1/4" = 1'-0" SEP 5 2008 --~2~7 BOAP~D OF APPEALS PERMIT AMENDMENT APPLICATION ~ i y PROPOEED ROOF EAST ELEVATION FINAL MAP ~ DATED~ NORTH ELEVATION SCALE: 1/4" = 1'-0" PERMIT AMENDMENT APPLICATION ,')(~ ~3046 ~ ~30410-2 ' (3] ~-3/4X9-1/2 ~30410.2 8'-0 PET. HT. so. FT )~O ADJUST SE OF ~ ~ ~ PROJECT NORTH 2ND. FLOOR HARDWARE UNLE$~ OPENING~ HAVE IMPACT GLAZING SCALE: 1/4" = ~'-0' ~). ~EE FLOOR PLAN FO. ~UD MULLS. LIVING SPACE: 1337.3 SQ. FT. ~ DECKS: 106.2 SQ. FT. ~ , BATH~ooMALL ~AL~ AND CEILING~ TO BE P~OVIDED ~ITH 5/BII 5HE~ ROC~~ALL~ AND CEILING TO BE MOI~UREIR~I~ANT. Ii ~ ~P 5 2008 DECK DECK (PROVIDE MIN 05 SQ PT, SIDEWALL VENTING) MAIN HOUSE' RDOF RAFTERS~ 1-3/4X14 ML RIDGE 5-7A8 FT, VENTING (PROVIDE MIN 2,5 SQ, FT, VENTING) PLATE RADIUS CUT RAFTERS TO SISTER TO (OR CUT DOWN TO GO OVER) 2X8 DF#2 RAFTERS SUB FASCIA 1/2ROUND 18"OVERHANG / OROWS SPLAY ROOF DETAIL SOFFIT D TAIL - SCALE: 3/4" = 1'-0" S~~ 7 1'~0-T INSTALL CERTIGRADE #1.CEDAR SHINGLE ROOFING, TO BE INSTALLED OVER 5/4X3 SPF R FINS LATH ALTERNATIVE'S/B COX SHEATHING W/30# FELT UNDERLAYMENT USEICEAND NOTE: OS WATER BARRIER FOF~ ROOF PITCHES OF 4:12 OR LESS. ' . MAXIMUM WEATHER EXPOSURE EUTrS OF SHINGLES IN THE FIRST COURSE ON ROOFS SHALL PROJECT 1-1/2 FROM THE 1)~ INSTALL 2X8 DF#2 COLLAR TIES AT 48" O.C, UNLESS OTHERWISE NOTED. CERTIGRADE #1 CEDAR SHINGLES EDGE OF THE ROOF EAVES TO ENSURE PROPER SPILL INTO GUTFERS AND AP ROXIMATELY l" AT GABLE AND HAKE EDGES. SHINGLES SHALL BE SPACED APART NOT LESS THAN NOR MORE THAN 3/8" REFER TO SHINGLE TABLE FOR M,~O(IMUM EXPOSURE, CHIMNEY FLASHING, WHEHE APPLICABLE, SHALL EXTEND UP THE CHIMNEY TO A HEIGHT NOT LESS THAN 3", UP THE ROOF SLOPE TO A POINT EQUAL IN HEIGHT TO THE FLASHING ON THE CHIMNEY BUT NEVER LESS THAN 1-1/2 TIMES THE SHINGLE EXPOSURE. USE LEAD COATED COPPEH OR APPROVED EQUAL FOR FLASHING (ALL METAL FLASHINGS SHOULD BE PAINTED), MANUFACTURED STEP FLASHING; 5"X7" SRINGLE = 2-1/2" WALL, 2-112" ROOF APRON COUNTER FLASHINGS SHALL EXTEND TO WITHIN 1" OF THE SURFACE OF THE FINISHED ROOF ROOF PLAN 2), APPLY 5/4X3 SPF SPACED SHEATHING OVER ROOF FRAME, 3), APPLY METAL DRiP EDGE OF ANY UNOERLAY ALONG RAKE EDGES AND DIRECTLY TO THE DECK ALGNG EAVES, 4), IN AREAS W/4:t 2 OR LESS ROOF PITCH US E rCS & WATER BARRIER UNDERLAYMENT PER CODE, 5), ICE & WATER BARRIER TO BE USED IN ALL VALLIES AND INTERSECTIONS WITH ROOF AND SIDE WALLS (TYPICAL) LEAD COATED COPPER TO BE INSTALLED OVER ICE & WATER BARRIER, 8) DO NOT INSTALL UNDERLAYMENT ON WET I DAMP PLYWOODIH SHEATHING MUST BE DRY AND CLEAN PRIOR TO INSTALLING UNDERLAYMENT, UNDERLAYMENT IS NOT TO BE LEFT EXPOSED TO ELEMENTS AT END OF THE WORK DAY, COMEH WITH HEAVY-DUTY TARP UNTIL ALL ROOFING IS COMPLETE LEN ~,TH SLOPE SLOPE SCALE: 1/4" = 1'-0' 7), CHIMNEY TO BE FLASHED WITH LEAD COATED COPPER. PROJECT NORTH SPLAYED ROOF 4X4X114" STEEL COLUMN~ FRAMED CUPOLA REVISIONS; 12 COPPER ROOF CEDAR SIDINGIIINII II qlllll~ - -- SHEATH'N IIIlllll=t lllllll :10" ~0" CUPOLA SECTION REVIEWED BYZB 1- SEE DECISION # ~d.]_ t'-'~ ~' DATED L[ / J~ /~.¢~ C SEP 5 2008 PERMIT AMENDMENT APPLICATION DRAWN; MH / MS SCALE: 1/4":1 L0" JOB Cf, September 03, 2008 SHEET NUMBER: A-6 LOTS~ Lot 8 Lot BY SEE DEClIO~i j N IOAP, D OF APPEALS JOHN C. EHI.F. RS LAND SURVEYOR 5' FROM PROPERTY LINE AS REQUIRED DECK PROPOSED 16'X11' ROOF ALTERATION (DORMER) EXISTING 1 STY. HOUSE (CONVERT TO 2 STY.) PORCH 8¸0' 2.00' EL. 10 REVISIONS: REVIEW SE' 10/1157 BID SET 11/0~107 -AI~MENT 0@/33~08 0 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Friemann 194 E. Shore Road Huntington, NY 11743 Please take notice that your application dated July 24, 2008 For an amendment to building permit #33900Z for additions and alteratic family dwelling at DATE: August 26~ 2008 SEP - 8 Location of property: 2935 Pine Tree Road, Cutchogue County Tax Map No. 1000 - Section 104 Block 3_ Lot _8 Is returned herewith and disapproved on the following grounds: The proposed amendment is not permitted pursuant to ZBA #6139, issued for variances pursuant to Artcile XXII, Section 280-116B, which states, "All bui dlnp3 located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other that sounds, shall be set back not less than seventy- five (75) feet from the bulkhead." The variance (6139) allowed for a 24 foot setback from the bulkhead based on plans dated January 24, 2008, by Mark Schwartz, AIA. On June 26. 2008, a stop work order was issued because of a change in the scope of~v'ork. A dormer has been added to the project, located +/- 45 feet from the bulkhead. Therefore, the scope of the approved work under ZBA #6139 has changed. This Notice of Disapproval was based on amended plans by Mark Schwartz, architect, dated July 24, Note to Applicant: Any change or ~eViation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APrLICATIO~O THE $OUTHOLD TOWN BOARD Ot~PPEAL$ For Office Use Only ,' Date Assigned/Assignment No. Office Notes: HouseNo. 2935 Street Pine Tree Road SCTM 1000 Section 104 Block 03 Lot(s) 08 Hamlet Cutcho~ue -: .,: ~~ Appli~ang(s)/Owlaer(s): Robert Friemann ~ MailingAddress: 194 East Shore Road Lot Size 31,972 Zone R- 40 1 (WE) APPEAL THE WRI~rEN DETERMINATION OF THE BUILDING INSPECTOR DATED 08/~./D'~' BASED ON MAP DATED Huntington Bay, NY 11968 Telephone: 516-283-6360 Fax#: Email: Name of Representative: Mark Schwartz, Architect for ( ) Owner, or ( )Other: Agent's Address: P.O.Box 933 Cutchogue, NY 11935 Telephone 734-4185 Fax#: 734-2110 Email:mksarchitect~optonline-net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or []CAuthorized Representative, or [3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 07 / 24 / 08 AN APPLICATION DATED 07/24/08 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (indicate Article, Section, Sub~ctinn of Zoning Ordinance by numbers. Do not quote the code.) Article XXIIISection 280- 200-124 Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~has, [] has not been made ag any time with respect to this oroDert~. UNDER Appeal No.6139 Year. 2008 · (Please be sure to research before completing this question or call our office for assi~tanc&) Name of Owner: ZBA REASONS FOR APPEAL {.a,~a. qa/s&~ mal, be used with Drevarer's si~natm AREA I/ARIANCE REASONS: (1) An und~i~ble chan~ will notbe produced in the CHARACTER 0fthe nMghborhoodora the proposed roof alteration (dormer) is only 11' x 16' and 'is set'--6a~k 15' from the side yard and 9' from the most seaward portion of the house. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other tbon an area variance, because: the entire existin~ dwellin~ is located less than 75' from the bulkhead. (3) Theamountofreliefrequ~tedisnotsube~ntiaibecause: the proposed dormer is small in relation to the overall roofline and is setback at the side yard and waterfront side. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in theneighborhoodordistrictbecause: the proposed dormer will not expand beyond the existin~ footprint or create a roofline higher than the existing ridge. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The entire dwel 1 in~ is located in a nonconformin~ location Are there Covenants and Restrictions concerning this land: [] No. [] Yes (pleose furnish coov). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character oftbe neighborhood and the health, safety, and welfare of the community. Checl~ rigs box ( ) IF A USE VARL4NCE IS BEING RF2.QUESTEDI .AND~d~.ASE COMPLETE THE /ITTACHED USE V/~RIANCE SHEET: (Please be ,~u~. ~]~ ~.~...~ Signature of Appel'la~'~thorized Agent (Agent must mbmlt wrltte~ A~0~l~m~o~ frmu Owner) Sworn to before me this % ~ day of_~.h~0 ~ ~ . Notary Publie ALICIA WALK[R Notmy Public, Stale of New York No. 01WA6153064 OualJfied in Suffolk ~uniy C~mmi~on E~pires Sept. 25, ~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~03~ September 22, 2008 RECEIVED SEP 2 9 2008 :ONING BOARD OF APP~A_LS ~ THOMAS ISLES, AICP DIRECTOR OF PEANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suflblk Couuty Administrative Code, the following application(s) submitted to the Suffolk County Planning Cormnission is/are cousidered to be a matter for local determination as there appears to be no significant county-wide or inter-commmfity impact(s). A decision of local determination sbould not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) /6206.~/ ,/62080(/ Jacobs & Gates Larocca Pezzino Terzis Marron Friemann Geitz Gama Deer Park Inc. Franeker Investments, Inc. Kaplan Krlis Messina Romanelli Realty Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 4TH FLOOR P. O, BOX6100 (631) 853-5191 1D0 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPLICANT'S pROJECT DESCRIPTION (For ZBA Reference) Appticont Robert Friemann D~: 09~02~08 I. For Demofition of Existing Building Areas Please describe areas being ~c~oved: none II. New Construction Areas (New Dwelling or New Additions/Extel Dimensions of fiJst floor extension: none Dimensions ofncw second floor: 11' x 16' Dimensions of floor above second level: none Height (from finishcd ground to top of ridge): 25'-8" ls basement or lowest floor area being consm~cted? If yes, please provide heigh~ (above ground) measured from natural existing grade to first floor:, none IH. Proposed Construction Description (Alterations or Structural Changes) (attach extra sh~ if nccc~ry) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two story, four bedroom residence with attatched two car garage NumbcrofFloom and Changes WITH A~liom: same as above with additional 2nd floor area (ll'x t6')for an Office and TV Room area. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 4 5 3 0 Proposed increase of building coverage: no increase Square footage of your lot: 31.971 Pcrccmnge of coverage of your 1o! by building ama: 1(;. 3 V. PurpnseofNewConstr~actios: create additional 2nd Floor area for Office/TV Room VI. Please describe the laud contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLIC~ Is the subject premises listed on the real estate market for sale? [] Yes I~No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Ye s 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) lfyour prope~ contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with thc Tmstees: #6501 issued 01/23/08 and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near thc area of proposed construction at or below five feet above mcan sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your promises? Yes If yes, please submit a copy of your building permit and map as approved by the Building . DeparUnentanddescribc: construction is ongoing as per the approyeo permits. G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Plense list present use or operations conducted at this parcel sinqle family residential an4 proposed ns~ same : ' ' ' ily;_proposcd: stone with garage or pool, or o~her description.) Authorized Signature an~/Date 2/05; 1/07 / Town of Southold INSTRUCTIONS 1. FRI EMANN PROPERTY LWRP CONSISTENCY ASSESSMENT FO '~--~c~/7 All applicants for permits* including Town of Southold agcnci~s~::shall-x:omplete thi~ CCAg'for proposed actions that are subject to the Town of Southold Wateffroht Cons~_~e~y-l~'~C~v~ ~This assessment is intended to supplement other info~mation used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits attd other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the p~parer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answe"ted "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (sontholdtown.northfork.net), the Board of Trustees Office, the planning De~t, all local Woraries and the Town Clerk's office. B. DESCRIWrlON OF SITE AND PROPOSED ACTION SCTIVI# 104 03 08 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [-~ Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) [] Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and ext~t of action: construct a 11' x 16' dormer for expansion of the 2nd Floor Locationofaction: 2935 Pine Tree Road Site acreage: 0.734 Cutcho~lue Present land use: single family residential Pve~nt zoning classification: R 40 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: Robert Friemann (b) Niailingaddress: 194 East Shore Road Huntington Bay, NY 11743 (c) Telephone number: Area Code (). 631 - 425 - 4858 (d) Application number, if any: Wetland Permit $[6801 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [] If yes, which state or federal agency?. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheels ff necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual q,mlity and protect scenic resources throughout the Town of Southold. Sec LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~-~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. ]MinimiTe lo~ of life, strictures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ~'~ Yes ~-~ No [] (Not Applicable - please explain) ARach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) The project will improve water quality with drainaqe system of drywells Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and W'ddllfe Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No ~'~ (Not Applicable - please explain) same as #5 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. MinimiTe environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~'~ No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ No ~-~ (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote sith~ of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necesaa~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~--~ Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Poliry 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if n~cessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable - please explain 617.20 Appendix C Stat° Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME Robert Friemann by Mark Schwartz m~z,,.l~ Peconic c~mty Suffolk 2935 Pine Tree Road, Cutcho~ue, NY (SCTM#1000-104-0B-08) SEQR 18 FROP(O~D ACTION: E} New [] E,~pan~on [] Modlflcat J~n/&llete tlo~ DESCRIBE PROJECT BRIEFLY: Alterations to roof (new 11' x 16' dormer)to create additional 2nd Floor area for an Office and TV Room. 7. AMOUNT OF LAND AFFECTED:. 0.0 0.0 [:]Ye, ['~JNo If No. de~a~bel~tefly Proposed construction is within 75' of the existin~ bulkhead - requires Zoning Board Review and approval. 0. W.^T ,s ~T LA.O USE,. 11, DOES A~A~gEC~OFTMEA~A ~EHTLYVAMDPERMITORAP~q~OVA~ ~y. []~ if~taee.~.~.,a~e.~Southold ZBA, Trustees and Bldg Dept, NYSDEC and Suffoly Cty Dept of Health 12. AS A RESULT OF PROPO';~.D ACTION ~ EXISTING pERMIT/APPROVAL REQUIRE ~y. ~ Bldg Pe~it If the action is in the Coastal Area, and yo. are a state agency, m~mplete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be comDietect t)y Agency) D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeM~HMENT OF A CEA? E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVEFISY RELATED TO POTENTiAl. AOVERSE ENVIRONMENTAL. IMPACTS? I~ YeS LJ No I! Yes, explain briefly PART Ill--DETERMINATiON OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each aclverse effect idenflfiect a~ve, ~letermlne whether it is substantial, large, imDortant or omsrwise significant. irreversibiiity; (e) geograDhic sco~e; anti ti) magnitucis. If necessary, add attachments or reference suplx)rUng materials. Ensure t~at [] Check this box if you have identified one or more potentially large or significant adverse inf[5?cts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant ac'verse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the Dart of town officers and employeea. The oumose of this form is to provide information which can alert tho town of ~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, rgiddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) gz~.,~ Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicanffagent/representative) and the town officer or employee. Either check the appropriate ne 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 all that apply): ___A) the owner of greater than 5% of the shares of the corporate stock of the applic~.nt (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ___C) an officer, director, partner, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP SEP - 8 2008 OF APPEALS Form TS ] Submitted this~day of Signaturl~.. _*~?.~~ . Print N amc _~t'~o~ ~_~ ,7' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on thc oart of town officers and cmolovees. Thc vumose of this form is to omvide in forination which can alert the town of anssible conflicts of intem~t and allow it to take whatever action is necessary to avoid same. YOURNAME:~ ff (Last name, first anme, apiddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other {If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee o£ the Town of South01d? "Relationship" includes by blood, marriage, or business interest. "Business interest'? means a business, including a partnership, in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by thc Town of Southold Title Or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the ~wn officer or employee. Either check thc appmpr ate ne A) through D) and/or describe in tbe apace provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __.B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, par~er, or employee oftbe applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP EOP,2D OF AppEALS Form TS 1 ICABLE OWNER, CONTRACT VENDEE A~T~ The T°wn °f S°uth°ld's Code of Ethics prohibits conflicts ofinterest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 5ast name, first name, middle i~itiai~ unless ~o~ '~re applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) ~ ~. ' Variance ~. Special Exception -- *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance If Other name the act~wty: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, martial:e, or business interest. "Business interest" means a business, i~ncluding a 12artnership, in which the Town officer or employee has even a at/g~ial ownership of employment by) a corporation in which the Town officer or employee ox~ms more than 5% of the~ share~ -- YES NO If you answered "YES", complete the balance of this form attd date attd sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or _ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: Print Name: FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patrici,~ i:ricmann 194 i:. bore Road Hunli~. !on. NY 11743 Please take m~tice that your application dated July 24, 2008 For an amm~&~ cnt to building permit #33900Z for additions and alteratim family dwellin2~ at DATE: August 26, 2008 ..ma..), a,x.i~t~-sinele ..... Location of prc, perty: 2935 Pine Tree Road, Cutchogue County ]'ax IMcp No. 1000 - Section 104 Block 3_ Lot _8 Is returned herewith and disapproved on the following grounds: The proposed >~endment is not permitted pursuant to ZBA/46139, issued for variances pursuant to Article XXitL 5 ection 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square .:eet in total size require a minimum single side yard setback of 15 feet and Artcile XXII, Section 280-1 l_6B, which states, "All buildinv, s !ocated on lots upon which a bulkhead, concrete wall, riprap or similar structure exists andwhich are adjacent to tidal water bodies other that sounds, shall be set back not less than seventy- five (75) feet fcom the bulkhead.'~' ~.~---~, ~ .~._~------~ The variance (,fi 39) a!lowed ~r/a 24 foot setback frqt)n the bulkhe aa a~nd and a 12 foot side y;j:td?ariance~ based on pl~:,s ,~atcd ~anaar¥ 4,~,~rk~'h~wartz, AIA. ~ ~-~ On June 26, 2~;I)8. a stop work order was issued because of a change in the scope of work. ~~_t_ta ? a~_p. proved work under ZBA//6139. has...__c.h~n_ged. This Notice c.l lisapproval was based on amended plans by Mark Schwartz, architect, dated July 24, 2008. Note to Applic~, t: Any change or deviation to the above referenced application, may require further revi¢~ .? the Sonthold Town Building Department. CC: file, Z.B./\. August 26, 2008 To Whom It May Concern: Robert Friemann 194 East Shore Road Huntington Bay, New York 11968 516-283-6360 I, Robert Friemann, authorize Mark Schwartz. AIA - Architect, to act as agent for permit applications to the Southold Town Zoning Board of Appeals and the Southold Building Department. The proposed residential addition construction project is located at 2935 Pine Tree Road, Cutchogue, New York (SCTM# 1000-104-03-08). Sincerely, Robert Friemam~ da~: OWNER TOWN OF SOUTHOLD i~'OPERTY RECORD CARD FORMER OWNER VILLAGE W SFAS. VL. DISTRICT j SUB. LOT -~8~. ~,l~J~ ACR~kGE t,~'f~/''~1 1.: ,~'J,~.: ..;, · FARM LAND IMP. TOTAL DATE ~6 O' AGE BUI LDI NG CONDITION NEW Farm illable 1 iliabJe 2 illable. 3 /oodland NORMAL Acre #ampland rush[and~i,.~ ' BELOW Value Per Acre COMM.; IND. JCB. 1MISC. J Es~. Mkt. Value ABOVE Value FRONTAGE ON ROAD /~. . BULKHEAD //)//~ DOCK MO ouse Plot ' ora I L Basement Patio Rooms 2r~J-Floo_r 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, OCTOBER 30, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, $outhold, New York 11971-0959, on THURSDAY, OCTOBER 30~ 2008: 10:35 A.M. PATRICIA and ROBERT FRIEMANN # 6217. Request for a Variance under Section 280-116B based on an amended application for a building permit and the Building Inspector's August 26, 2008 Notice of Disapproval concerning additions and alterations to an existing single-family dwelling at less than 75 feet from the bulkhead adjacent to Little Creek, and for which a stop work order was issued because of a change in the scope of the work and change since application submitted under ZBA #6139. Location of Property: 2935 Pine Tree Road, Cutchogue; CTM 104-3-8. 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: October 3, 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 STATE OF NEW YO?~ 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 16th day of October, 2008. Principal Clerk Sworn to before me this NOTARY pUBLIC-STATE OF NEW YORK No. 01-V06105050 Q ~,,jm,,~f~el i,~ ~tHfolk County LEGAL NOTICE $OUTHOLD TOWN ZONING BOARD OF A~PEALS pu-~l~(~ HEARINGS ~: ~I~, :I-~REBY OWEN, pur- ~~? of the Tow. Law and ~a~hapter 280 (Zoning).Town ~__~T~ewn Hall; 53095 Main ~B'fiilding Inspector's June 23 2008 a thi~d,~/is proposed for use as aa of- 10:00 A.M. HELEN and PETER LOUCA 06213. Request for Variances under Sections 280-122A and 280 124. based on [ne Building lnspector'~ amended August ~. 2008 Notice of Dis approval concermng additions and al [erations to the existing dwelling, which create a new nonconformance and crease degrees of ex~sBng nonconform- ing setbacks with regard to a single side yard at less than 10 feet and total side yard setbacks at less than 25 feet on this 10.454 square foot parcel. Location of Property: 475 Miriam Road. Maffituck: C717M 99-1-32. 10:10 A.M. VINCENT LAROCCA S6908. Request for Variances under Section 280-15. based on the Building Inspector's May 30. 2008-Notice of Dis- approval concerning as-built accessory structures in the front yard. rather than a code-defined rear yard, at 185 West Creek Avenue. ~'utchogue; Cq'M 103- 13-22A properties involved in this unmerger re- quest are shown on the Map of Eastern Shores as: (1) CTM 33-2-27, vacant land, with a nonconforming area of 21.289 square feet, and (2) CTM 33-2-28 with a house, of a nonconforming area of 20,602 square feet for CTM 33-2 28. Lo- cation: 1225 and 1135 Green Hill Lane, Oreenport. 1.'00 P.M. STEVE and OLGA TENE~ DIOS g6198. Request for Variances un- der Sections 280-124, based on the Build- ing Inspector's June 30; 2008 amended Notice rff DisapprovM goncerning a proposed new dwelling, after removal of the existing building(s) for placement on a new location with pilings or other foundation after house is elevated, and a prop&ed enlargement to connect the re- located honse to the existing garage. The property h~s zero buildable land, being on the sea side of the Coastal Erosion . Hazard Line, The Building Inspector's reasons for disapproving the building 10:25A,M. JOAN E. SHANNON 06214. Request for Variances under Sec- fions 280422A a~d 280-124 based on the Building Inspector's August 1. 2008 No lice of Disapproval noting a proposed demolition, renovations and additions, with an increase in the degree of non- conformtn~ concermng a s~de yard set back ar ~ess than 15 feet and total side yardf at less man 35 feel al 7090 Great Peconic Bay Boulevard and adjacent to Great Peconic Bay, Laurel: CTM !26~ 10'38 A.M. PATR1CIA ami ROB- ERT FRIEMANN #6217. Request for a Variance under Section 280-116B based on an amended applmatlon for a build- ~ng permn and the Building inspector's concerning additions and alterations to an existing single-family dwelling at less than 75 feet from the bulkhead ad jacent to Little Creek, and for which a stop work order was issued because of a change in the scope of the work and change since application submitted un- der ZBA #6139. Location of Property: 2935 Pine Tree Road, Cutchogue; CTM 10'.50 A.M. PETER and SABRINA PEZZINO #6210. Request for a Vari- ance under Section 280-124, b~sed on the Building I~spec~or's revised Octo- ber 6, 2~08 Notme of D~sappro'val con- earning a proposed new dwelling at tess than 25 feet total side yards (and after demolition of an existing dwclgng), at permit al~plication are that the proposed construction will be: (1) !ess than 40 feet on a front yard; (2) less than dS feel for a single side yard setback, (3) less than 35 feet total side yard setbacks, and (3) lot ' overage exceeds the code limitation of 20% (100% lot coverage for zero build- able land area). Location of Property: 1625 North Sea Drive, Southold; CTM 1000-54-4-18 (adjacent to dunes and Long Island Sound). · 1:30 P.M. (Continued Hearing): 2000 BROADWATERS LLC #6186. Request for a Variance under Section 280 124, based on the Building Inspector's May 12. 2008 Notice of Disapproval con- earning a proposed new dwelling with a setback at less than the code required 35 feet from the front lot line (after de molishing the existing building), at 2000 Broadwaters Road, Cu~chogae; CTM 104-9-12. The Board of Appeals will heal all persons, or their representatiges, desi¢ ing to be heard at each hearing, and/oI desiring to submit written statements before the conclusion of each heav ingAEach hb, aring will got start earlie~ than tlesignated above. Files are avail able for review during regular busi~aess hours and prior to the day of the hear- thg. If you have questions, please do not hesitate to contact our office at (631) 765-1809,'or by email: Linda. Kowalski(~ Towa,Southoldmy, us. Dated: October 9; 2008. ZONING BOARD OF APPEALS 3120 Grathwqhl Road, New Suffolk; GERXRD E GOEHRINGER. CTM 110-8:7. CHAIRMAN 11:00 A.M. ESTATE OF SUSAN BY LINDA KOWALSKI HELEO 86229. Requested is a Lc~~' ¢~'~5~*v[~is)R0ad(OfficeL°catinn) Waiver under Section 280-11 to unmerge ~j 4~.~.~0~ ~ain Road (MailingrUgPS) BOARD OFAPPEALSt~) 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.nortbfork.net October 3, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, October 30, 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 October 13th 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_[ 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; AND not later than Oct. 17th: Please either mail or deliver to our office your Affidavit of Mailinq (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 October 22"d: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by us by October 29, 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. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of · ' (N/~me of Abplicants) CTM Parcel #1000- I o 4- -O..~ - 04- AFFDAVIT OF MA/LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the 14-J'q'Cday of ~(7~_1~__~, g~,_~, I persoually mailed at the United States Post Office in~~aff~, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current ovmers shova~ on the current assessment roll verified from, _, ~,o,r every with the ~Assessors, or ( ) County Real Property,Office the official records on file property which abuts and is across a public or private street, or vehicular right-of-wa) of record, surrounding the applicant's property. Sworn to before me this ~;>xl day of C)~ ,200~ (Notary Public) CONNIE D BUNCH Notary Public, Stat~ of New York No. 018U6185050 ,,._ O. ua!ifi~ in Suffolk Coun ~,umm~Ssmn ~:Xpires April 14, ~0 ] ~. PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. A'~/4 ~ ~-~c /C aO77~TX Ioao - fa4. 7_ 7 Jo4~4. o¢-~o $1 $2.70 $2.20 $ $5.~0 0~35 11 10/lq/2008 ~ r~- orPOBOxNO. ~ O~ i'M Postage ILl Certified Fee r-'l Return Receipt Fee r-"l (Endorsement Required) Restdcted Delivery Fee ~-I (Endorsement Required) Total Post. ge & Fees ru $1.00 $2.?0 $2.20 $ $5.~0 011412008 Sent To [~- or PO Box No. m Certified Fee $2.70 Return Receipt Fee (Endorsement Required) [:3 Restricted Delivery Fee (Endomement Requged) ILl Po~tms~ $2,20 / ~' Her&', $0.00 Total Postage & Fees $ $5,90 D11~120~8 · Street, ~T ~; ...................................................................... orPOBoxNo. Cit~, State, ZIP+4 J ZONING BOARD OF APPEALS .... TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name' of Applicant) AFFIDAVIT Of SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at lI~'za:~ ~")"~'/'~/~'/ , New York being duly sworn, depose and say that: On the go-~:lay ofOC-~--~- , 200,C~', I personally placed the Town'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 the street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has rem.a~_~ pla~fo, Y/~ven days prior to the date of the subject headng date, wfi~~'~/~.~.~sta~w4e~e (Sig~) Sworn to before me this day of ~, ~,~- , 200'%. (Notary Public) WALY~ER Sept. *near the entrance or ddveway entrance of my property, as the area most visible to passersby, · Complete items 1, 2, and 3. Also Complete Item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to YOu · Attach this card to the back of the mA,piece, __.__or on the front If space permits. 1. Article Addressed to: Marilyn Gallo Schutt 29 Edgewood Road N. Niantic, CT 06357 ~ D' le de~h/etY addme~ dif~ from Jt~n 1 ? F'I¥ 2. AllJcte Number ~rran.~r from ~ tabeO · 111 r'~ Express Mail l-1 Regls~red r'/Rstum Receipt for Merchandise C.O.D. 4. Restrfc~dDallve~3,?(ExttaFee)- r-lYes 7006 2150 0004 2218 1173 ,,-mu uellvery Is desired. · Prfnt your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, .___or on the front if space permits. 1. Article Addmssud to: Joan A. Carvo 169 East 69t~ St. Apt. 9C New York, NY 10021 ff YES, en~r dellve~j address below: r-i No 2. Art~ Numbe~ __ ~ran~fer fn~n se~//ce/abe/) 7006 2150 0004 2218 1166 t'~ Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restrfoted ~li~ry? ~ Fee) i'3 Yes · Complete Items 1, 2, and 3. Also COmplete ~m 4 if Restitctad Delivery la 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. Phyllis Noncarrow P.O. Box 100 Cutchogue, New York 11935 [] Agent M~I [] ~ Mall [] Registered Fl Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Resumed De~htery? (Extra Fee) [] Yes 2. ~ Number ~??o~ 7006 2150 0004 2218 1128 PS Form 3811, Februa~ 2004 Dement Rstum Receipt ~ 102595-02-M-1540 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FRIEMANN, R. & P. #6217 MAP # 104-3-8 VARIANCE BULKHEAD REQUEST AS BUILT DORMER DATE: THURS, OCT. 30, 2008, 10:35 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 P~. ZONING BOARD-TOWN OF SOUTHOLD 765 1809 FROM _Mark K. Schwartz, ~ -~ p.O. lk, x oak3 ! MapkSchwartz,AIA-Apchi~ PHONE NO. : 631734211121 Sep. 07 2008 08:03AM PI AIA - Architect, PLLC Phone: (6 ,.'I1 ) ~4 - 418~ Fax; (631) 734 -2110 September 8, 2008 FAX TRANSMrIl'AL To: Projec~ Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, New York 11971 Additions and Alteration~ to: Friemann House 2935 Pine Tree Road Cutchogue, New York (SCTM# 1000-104~0~) Dear Zoning Board members, ~ Please call th~/qffjaex'ff,~pu hav, e questions or require any addifionaI~mformation. o~ice Locafi©n: 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 Mail~n_g Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF I~AOES IHCLUBIHG COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordi~zg) REFERENC,~:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies office foIloxx4ng: Thm~ you. Senders I~fia~: ~ Kowalski, Linda From: '-~nt: .~: Subject: Cusack, Heather Wednesday, March 26, 2008 3:16 PM Kowalski, Linda LWRP As per Mark's review, Notaro (6136) and Friemann (6139) were found Consistent with the LWRP by the Board of Trustees and will not be reviewed again by the LWRP Coordinator. APPEALS BOARD MEMBER Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailin~ 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 September 8, 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. 6217 (FRIEMANN) Dear Mark: We have received an application for additions and alterations, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. APPEALS BOARD MEMBERS~ Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 8, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6217 Action Requested: Within 500 feet of: Owner/Applicant: FRIEMANN Bulkhead setback (new dormer) ( ) 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, Gerard P. Goehringer ZBA Chairman Encls. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS IV-~ffqAGEMENT 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 9, 2008 Zoning Appeal No. 6217 Transmitted herewith is Zoning Appeals No. 6217 of Robert F. Friemann- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Questionnaire, LWRP Consistency Asscssmcnt Form, Short Environmental Assessment Form, Transactional Disclosurc Form for Robert F. Fricmann, Transactional Disclosure Form for Mark Schwartz, Notice of Disapproval from Building Department Dated August 26, 2008, Authorization Letter from Robert Fricmann to Mark Schwartz, AIA to Represent them in this Matter, 1 Photo of House as it Exists, 2 Pages of Property Record Card, Copy of Survey Showing Existing & Proposed Construction &Changcs Dated 10/29/2006 Prepared by John C. Ehlers Land Surveyor, 5 Pages of Amended Plans Showing Proposcd Alteration (Dormer) & Elevations & Floor Plans & Roof Lines. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9/8/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6217 FRIEMANN, R. & P. 12722005901 $400.00 SEP 8 2008 Sou' hold Town Clerk $400.00 By j~ Thank 'ou. / Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/08/08 * * * RECEIPT * * * Receipt~: 28619 Transaction(s): 1 1 Application Fees Reference Subtotal 6217 $400.00 Check#: 5901 Total Paid: $400.00 Name: Clerk ID: Friemann, Robert F 2935 Pine Tree Rd Po Box 811 Cutcho(~ue, NY 11935 CAROLH Internal ID: 6217 BROADWATERS COVE TOWN OF SQUTHOLD z HAYWATER COVE