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HomeMy WebLinkAbout6232 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 IVED Southold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING DATE: MARCH 5, 2009 ZBA File #6187 and File #6232 -Ryan Stork and Jennifer Stork, Applicants Location of Property: 3270 Peconic Bay Boulevard, Laurel adjacent to Great Peconic Bay CTM 1000-128-6-8 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 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 June 24, 2008 and November 14, 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. PROPERTY FACTS/DESCRIPTION: The applicant's lot is non-conforming at 21,974 sq. ft. in an R-40 District. Parcel is long and quite narrow in shape indicating +/- 58 feet along Peconic Bay to the south and +~-58 feet along Peconic Bay Boulevard to the north, and +/- 525 feet along the westerly side of this property. BASIS OF APPLICATION: Request for Variances (as amended) under Sections 280- 12, 280-116 and 280-124, based on the, Building Inspector's May 15, 2008 Notice of Disapproval, and subsequent September 19, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (after demolishing the existing 1-1/2 story single-family dwelling) and concerning the proposed relocation with possible reconstruction of an existing nonconforming garage with nonconforming sleeping area and a full bathroom. The new construction is not permitted for the following reasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will contain a non-permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Page 2 of 5 - March 5, 2009 ZBA # 61 87 and # 6232 - R. and J. Stork CTM 138-6-8 Findings of Fact The Zoning Board of Appeals held public hearings on this application on August 21, 2008, September 25, 2008, 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: Relief Requested: The applicant proposes first to demolish the existing 1-1/2 story, 1224 square foot dwelling. The relief requested by applicant in the original submission, site map dated 7~3~08 prepared by Stanley J. Isaksen, L.S. indicates a proposed 28.4 ft. by 70 ft. single-family dwelling with setbacks at 52 feet from the bulkhead and 35 feet from the existing retaining wall, proposed 5.3 feet and 4.2 feet for side yard setbacks, instead of the code required setbacks of 75 feet, 15 feet and 20 feet respectively. There was no variance requested with the original filing concerning the existing detached garage building. Amended Request: The accessory guest cottage constitutes a second dwelling, which is not permitted. In the case of the waterfront parcel, the accessory structures are permitted in front yard in a conforming front yard area with a single side yard of 15 feet. On October 6, 2008 the applicant submitted an amended application. During the 2/19/09 hearing, the agent for the applicant replaced the above-referenced original plan with a new proposal for: 1) a proposed (new) two-story 32' by 70' single-family dwelling changing the setback to the bulkhead to meet the code-required 75 ft. minimum, and proposing the same side yard reductions; and 2) a proposed (new) 920 square foot detached guest cottage building, of which 660 square feet would be for use as a bedroom, sunroom, full bathroom, and the remaining 260 square feet for a one-car garage. The garage is a code-permitted accessory use for storage and parking of vehicles, however the new building with proposed habitable space (guest cottage) is not code-permitted in a detached building separate from the main home. Additional Information: During the hearing, the Board received information from the applicant's agent as to why it is his opinion that an area variance may be granted for the nonconforming use in a new building. During the February 19, 2009 hearing, discussions were also held as to why a Certificate of Occupancy or Preexisting Certificate of Occupancy of record would not be able to extend to a new building, when the original building which predated codes was demolished, and alternatives to consider to meet the current Codes. The Board acknowledges that the existing accessory guest cottage predates today's codes, and a new building is required to meet current codes (building permit and new certificate of occupancy). 2 Page 3 of 5 - March 5, 2009 ZBA # 610 7 and # 6232 - R. and J. Stork CTM 138-6-8 LWRP DETERMINATION: On August 20, 2008 a letter was submitted from the Town LWRP Coordinator to the Board of Appeals confirming inconsistency with Application # 6187, under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Progr-m (LWRP) standards, when proposing a new dwelling 42.8 feet or closer from the bulkhead along Peconic Bay. It was also states that the applicant bring the plan to meet and/or further Policy 6.3 of Chapter 268 of the Town Code, to the greatest extend practicable and minimize the potential of future structural loss. It was recommended that the action include placement of a non-turf buffer landward of the northern bulkhead to further protect the integrity of Peconic Bay, and installation of gutters, leaders and drywells within the side yards or landward of the structure. On October 6, 2008 the applicant's agent filed an amended application, changing the location of the proposed new dwelling at a minimum of 75 feet from the bulkhead. This revised location would further Policy 6.3 of Chapter 268 of the Town Code, and will meet the minimum setback requirements between the new construction and the bulkhead adjacent to the shoreline of Peconic Bay. 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-bi3)(b)(3}11}. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In viewing the neighborhood, it was noted that this lot and other nearby lots along Peconic Bay Boulevard appear to be mapped with narrower frontages at the street and at the bay, creating less than what actually appears at the center width of the lots. The applicant has applied for an area variance to create a nonconforming use in a new detached garage building, instead of adding the +/- 660 square foot of area for a bedroom, sunroof and bathroom to the new dwelling. Two existing buildings are being demolished, which would allow many alternatives for applicant to pursue. The Board informed the applicant's agent that when the existing accessory building with garage and sleeping quarters is removed, the pre-existing Certificate of Occupancy becomes moot for that predated building and its nonconforming use, although the setbacks of a new building could be accepted since it would not cause an adverse effect or detriment to the neighborhood. 2. Town Law §267-b(3)ib)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant may attach the garage to the proposed new dwelling, and this would create one home with attached garage and would allow for additional bedrooms above the garage, sunroom, bathroom. Also, a detached accessory building with a conforming garage area (without a bedroom, sunroom, full bathroom) may be allowed as a permitted use without a variance. 3 Page 4 of 5 - March 5, 2009 ZBA # 610 7 and # 6232 - R. and J. Stork CTM 138-6-8 3. Town Law §267-b(3)(b)(3). A) The amount of relief requested is substantial at 100% variance with respect to the Proposed new guest cottage use in a detached building for 260 square foot garage floor space and 660 square foot floor space for a bedroom, sunroom and full bath- room (guest cottage) is not permitted. B) The amount of relief requested is not substantial with regard to setbacks, as the lot is very narrow, and the same side yards setbacks requested with the amended plan for the new dwelling can also be utilized for a new garage attached to the (new) dwelling. 4. Town Law §267-b(3)(b)(5). The difficulties are self-created. Sleeping quarters or livable area in a new accessory building would create a new nonconformity as a non-permitted code use, and is permitted only when meeting Use Variance standards of New York Town Law. An alternative is available to attach this type of construction to the principal dwelling as per Code, and building a new garage to meet codes. Also a new garage is permitted without a variance, when its use is conforming without the sleeping or livable space, either as a detached structure or attached to the owner's dwelling (as per Code). 5. Town Law §267-b(3)(b)(4}. No evidence has been submitted to suggest that a variance (alternative relief) 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 alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Chairman Goehringer, seconded by Member Oliva and Member Weisman, and duly carried, to DENY: the original request for setbacks at less than 75 feet from the bulkhead for the new dwelling; and to GRANT alternative relief for a proposed new dwelling based upon the setbacks indicated on the revised elevation drawing prepared by Peter Tokar, AIA (Drawing No. I dated 10/23/07, submitted 02119109) and site plan prepared By Peter Toka~ A.I.A. 9/15/08, date-stamped by ZBA Office on October 6, 2008; and to DENY: the proposed use of the accessory building as a guest cottage as applied for, without prejudice to filing of a new application to build a garage with reduced side yard setbacks. 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 4 Page 5 of 5 - March 5, 2009 ZBA # 610 7 and # 6232 - R. and J. Stork CTM 138-~-8 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: Mej~~hr~n~ (Cho/i/rman), Oliva, Simon, and Weisman. (Member Schneid~abstain~i~ ~l~i~l~o~n was duly adopted (4-0). k~proved as Applied /~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 10, 2009 By Mail or Fax (631) 734-7463 Mr. and Mrs. Ryan Stork c/o James E. Fitzgerald, Jr., Pres. ProperT Permit Service Box 617 Cutchogue, NY 11935 Re: ZBA File No. 6232 - Ryan and Jennifer Stork Application Dear Mr. and Mrs. Stork and Mr. Fitzgerald: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March 5, 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. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Pmper-T Permit Services (Stork) PO Box 617 Cutchogue, NY 11935 Please take notice that your application dated May 6, 2008 DATE: September 19, 2008 RECEIVED For permit to demolish an existing single family dwelling, construct a new si demolish and reconstruct an existing non-conforming garage/guest cottage at enmg: ana Location of property: 3270 Peconic Bay Blvd., Laurek NY CountyTax MapNo. 1000-Section 128 Block 6 Lot8_ Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 21,974 square foot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require t~,s~'.~e si~le~&rd setback of 15 feet and a total sidle ya~b~a~ 35 feet. Following the proposed construction, the dwelline will have a single side yard setback of 5.7 feet and a total side yard setback of 13 feet. In addition, the proposed reconstruction of an accessory cottage is not permitted pursuant to is not pursuant to Article III, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The accessory garage/guest cottage constitutes a ;se~cond dwellmg ufllt. In addition, the structure is not permitted pursuant to is not permitted pursuant to Article III, Section 280-15 (C), which states, "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet front yard setback requirements as set forth by this code." Therefore, the proposed garage/guest cottage construction is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum single side yard setback of 15 feet. This Notice of Disapproval was written based on a site plant dated September 15~ ~~2008, by P~.~,,~, Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. RECEIVED i ZONING BOA.~D OF APPEALS CC: file, Z.B.A. STORI( RESrt)ENCE LA. U-R.EL PETER TOKAR, A.I.A. ARCHITECT I I ' I I I I - ' I I _ I E'XI~'I'. I I I I ~ I I i I I I I i J I I I I I I I ~ I I ,, L ___~ FIt;~ST FLOOt;~. PLAN 5ECONO FLOOR PLAN I [ I I ~1~1 ,IT ELEVATION F UP I SECOND FLOOR PLAN Tide P~VISIONS: Date: No.: 1 OF SHEETS FRONT ELEVATION RIGHT ELEVATION REAR ELEVATION LEFT ELEVATION SCALE, Title REVISIONS: Drawn By: Date: Drawing No.: 2 OF SI%EET8 SITE PLAN F 0t~., S TO_RK R F. Sll)ENCE SITUATE LA UR ~L TOINN OF SOUTFIOLD - SUFFOLK cOUNTT¢ N."r'. -- SCALE, 1' INCM - 20~ FEET PREPARED FROM OFFICE RECORDS~ q/15/O8, PETER TOKAR, A.I.A. ARCHITECT 3718 Sound Avenue, Rivcrhead N.Y. 11901 (631) 208-4097 Fax (631) 208-4099 NOV 2 0 2008 R D 0 F ~",, P PEALS SITE PLAN FO~ $TORK R E'-SI-I)ENCE 51TUATt~ LA IJ~ l~.L TQNN OF 50UTHOLD -- SUFFOLK CouNTY~ N.Y. -- SCALE, I" INCN - 20~ FEET P~PA~ED F~O~ OFFICE ~ECORDS, q/l~/O~ PETER TOKAR, A.I.A. ARCHITECT 3718 Sound Avenue, Riverhead N.Y. 11901 (631) 208-4097 Fax (631) 208-4099 " A APPLICANTS: JENNIFER AND RYAN STORK NOTES FOR FEBRUARY 19, 2009 ZBA HEARING The "second dwelling" argument: The guest house we're proposing does not meet either the definition of a "dwelling, single-family" as it appears in §280-4, or the definition ora "dwelling urdt", to which the previous definition re- fers. A dwelling unit is defined in part as having" a minimum living area of at least 850 square feet containing complete housekeeping facilities" (amended by LL 13-1990). §2804 does, in fact, include a definition for "guest unit" ("A bedroom-sleeping accommodation for transient guests, which may or may not include bathroom facilities and shall be occupied by no more than two adult persons and be at least 80 square feet in area.") which probably was intended by the framers to apply to commercial facilities...but they forgot to say so. Our proposal is less than 850 square feet and does not include complete housekeeping facilities, since no cooking facilities are pro- posed. The Chief Building Inspector, in response to a direct question from me, stated that if the ZBA found their "second dwelling" argument to be invalid, the Building Department would then disap- prove the proposal on the basis that a guest house is "not an approved use". I wasn't aware that the Building Department could take two separate shots at a project, but aside from the their apparent desire to disapprove this proposal for one reason or other, the "not-an-approved-use" argument is equally invalid. If it is the desire of the Town to prohibit guest houses, the Code should say so, clearly and specifically. The Code as it stands at this time does not prohibit a structure to be used for that purpose, nor does it define "approved use" or include a complete listing of such uses. The '~not-an-approved-use" argument: The Code, in §280-17 which refers to the R-40 District, specifies that permitted uses are the same as in §280-13A (referring to the A-C District) except that wineries are not permitted. Special ex- ception uses, same as §280-13B, plus libraries, museums and art galleries. Accessory uses, same as §280-13C. In §280-13B there are a whole host of interesting uses, none of which seem to apply in this ease, except in their number, variety, and potential individual magnitudes. In §280-13C, "Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein:" we have: "(1) Any customary structures or uses which are customarily incidental to the principal use, ex- cept those prohibited by this chapter." A guest house is certainly a customary structure, at least in this country, and/or a use customarily incidental to the principal use of this property, a single-family dwelling, and it is not prohibited by §280-111. It is feared that the Chief Building Inspector would disapprove this proposal because a guest house is not specifically and individually identified in the Code as an approved use, although the "any customary structures" phrase should certainly include the current proposal. We should perhaps consider other "customary structures or uses" which are not specifically identified in connection with the R-40 District, and which probably would be, or may already have been, approved by the Building Department: Arbor (not defined) Boat house (not defined) Cabana (not defined) Dog home (not defined) Gazebo (not defined) Kennel/dog run (not defined) Mechaulcal/utilities shed (not defined) Pergola (not defined) Pool home (not defined) Potting shed (not defined) Private mist's studio (not defined) Private library (not defined) Private observatory (not defined) Shed (not defined) Trellis (not defined) Wood shed (not defined) None of these buildings or structures are specifically named as being permitted in the R-40 dis- trict. At least under some conditions, each would require the issuance of a building permit, and we suggest that they could all be approvable without a variance provided they comply with the gen- eral requirements for accessory structures. The 'we can t write new Code... argument At our last meeting, this topic worked its way to the top of the list. We're certainly not suggesting that you can or should "write new Code", and it's not clear why several Board members felt that that would be necessary, or would result in some way from the granting of a variance for this pro- ject. We're asking, at the very least, that you find that a significant reason for the Building De- partment disapproval, that the accessory structure in question is "second dwelling", is invalid, and that you then act accordingly with regard to our appeal concerning the setback issues. The Board considers, at the request of applicants, possible exceptions to the Code, to the law as already written by others, in some cases long ago. The reason for the existence of a Zoning Board of Appeals is, in my humble opinion, to consider the possible exceptions in a given case and de- termine, on behalf of the people of the Town, whether or not a given proposal would be good, bad, or neutral. Everything that comes before the Board and is favorably received requires the approval of an exception, based upon the Board's judgment, which is not specifically pm of "the Code", but my impression is that these findings are not ordinarily considered to be "writing new Code". The impact of the existing C/O: One of the Board's stated concerns is that approval of a variance in the present case would result in the establishment of a precedent and precipitate a rash of new applications for similar "relief'. It should be noted, however, that our argument relies upon the existence of a valid Certificate of Oc- cupancy describing the implied me of the structure for overnight sleeping and bathroom accom- modations. It is unlikely that many of the flood of new applicants will be able to offer such his- torical prior approval as an inducement to the Board. This situation is unique, and we ask that the Board consider that we are only asking that we be permitted to, in effect, have a better, upgraded version, of what's already there. As I've stated, we completely revised our original plan in an effort to present a proposal more in keeping with our perception of the more important Code-related issue, moving the main house back to the specified setback from the bulkhead. In so doing we of course found it necessary to relocate the existing accessory structure, the existing permitted use of which is critically important to the owners. It was our feeling that the new, current, plan is sufficiently desirable, and com- pletely innocuous, to warrant the support of the Board to the extent that it would approve a vari- ance to allow the continued overnight sleeping and bathroom use of the relocated and rebuilt ac- cessory stmcture...the "guest house". Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 January 15, 2009 Chairman Southold Town Zoning Board Post Office Box 1179 Southold, New York 11971 Here are floor plans and elevations (2 sheets, dated 12/8/07) for the proposed reconslxuction of the existing garage/guest house in a new location on the Stork property. Also included are outline drawings showing floor plans and elevations (1 sheet, dated 10/23/07) of the existing structure. If you need anything else, please call me. /~ Sincerely, /S~fies E. Fitzgeral~.~ Enclosures: Drawings as described - 8 copies a subsidiary of THE PECONIC EASTERN CORPORATION APPLICATIO~O THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED Fee: $ F/led By: Date Ass/gned/Assi~ment No. Office Notes: ~]~'] ~ ~ ZONING L~O_~D O~ AP~dALS 'HouseNo. 3270Street Peconic Bay Blvd Hamlet Laurel SCTM1000Section 128Block 6 Lot(s) 8 LotSize 21,974 sf Zone R-40 I (WE) APPE/~L ~ WRITTEN DETERMINATION OF THE ,BUI~,DING INSPECTOR DATED 9/1 9/05 BASED ON MAP DATED 9/1 5/08 App~cant($)/Owner(s): Ryan and Jennifer Stork ~ingAddress: 10 Godfrey Street, London SW3 3TA, England 011-44-207-349-9771 Telephone: Fax #: - -- Email: r j j ws t ork@gmail, c om NOTE: In addition to fl~e above, please complete below ff applleatio~ is signed by applicant's attorney, agent, arehiteet, builder, contract NameofReprasentafive:J~mez E. Fitz~er~Xd, Jr. for( X)Owner, or ( )Other: Agent's Address: PO Box 617, Cutchogue, h'~ 11935 Telephone 734-5800 Fax#: 734-7463 Email: jefitzge@suffolk.lib.ny, us Please check box to specify 'who you wish corrm'po~ to be mailed to, from the above name: [] Applicant/Owner(s), or g Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUrLDiNG iNSPECTQR REVIEWED MAP DATED 9/15/08 .mdDENIED AN APPLICATION DATED 9 / 1 ~f 0 8 FOR: ~] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction DOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code~) ArficleXXI I I Section 280- 124 Subsection III 280-12, III 280-15(C), XXIII 200-124 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 280-3. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, X3 has not been made at any time with resoeet to this Drooertv. UNDER Appeal No. Year __. (Please be sure to research before corapleting this question or call our o. ffice for NameofOwner: RYAE S~K ZBAFile# detriment to nearby properties if granted, because: t ~o~ ~o^P~ o~ ~P~.s; See attached page. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (~) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [~ No. [] Yes (~,lease ~r~sh com, A This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BE~--~UEST~'~ ~EASE COMPLETE THE Sign~4'e of Aopel]~-nt or A~ ~orize~_A~e t~ ~ (Age~,~ust submit wfittela Autho~ n from Owner) · Notary Public REASONS FOR AREA VARIANCE: Applicanl 1. An undesirable change will NOT be produced in the character of the riment to nearby properties, if granted BECAUSE: ZONING ~OA~D OF AP~L~e The proposed house, although significantly different in style from th-e--~ng-~--- similar in style and size to the two houses which now exist on adjoining properties. The same comments apply to the proposed Garage/Guest House. The proposed house is two stories in height, but this is not unusual for the expanded or rebuilt houses along Peconic Bay Boulevard 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: The benefit sought, to build a new house with the allowable setback from the bulkhead, bat with slightly smaller, and non-conforming, total sideyard setbacks, is required to ac- commodate the proposed structure on this lot which is only 42feet wide, and the same comment applies to the sideyard setbacks for the Garage/Guest House. The additional footprint area is all gained on the road side of the building. A Certificate of Occupancy has been issued for the accessory Garage/Guest House in its present location. In order to meet the bulkhead setback required by the Code, it is pro- posed that the Garage/Guest House be moved to a new location on the property while re- taining the benefits accruing to the Certificate of Occupancy for its non-conforming use. 3. The amount of relief requested is not substantial BECAUSE: The existing house presumably met the zoning requirements when it was constructed, in- clading the non-conforming sideyard setbacls. Many houses in the area which have been rebuilt or renovated are closer to the side property lines than current requirements. The existing house does not meet the Code reqalrement for setback behind the existing balk- head, whereas the proposed new house will meet this requiremanL The proposed ase for the Garage/Guest House is supported by the existing Certificate of Occupancy and it is felt that the benefit gained by relocating the main house to the Code-required bulkhead setback is suJ~tcient to allow it to be in effect and continue to apply to the relocated Ga- rage/Guest House. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The footprint of the proposed house essentially achieves the Code-specified bulkhead set- back and essentially maintains the existing setbacls from the property lines. The use of the property for a single-family residence and a garage/guest house will be unchanged 5. Has the alleged difficulty been self-created? ( ) Yes ( X)No 6. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. COUNTY OF SUFFOLK, ..... .~..t.~i.~..?, )~t~.,~,. J E. Fitzgerald, Jr., Swom to before me this ~L~ dayof~%¢od[k~3Cl~ ,2008. BONNIE W. MA, TXAFERRO Not. ar'/Publi~ State of New York No. 01MA4~,67612 Qualified m Suffolk Count'/ ~.e. Commission [xpire$ August 31, 20 \t,3 Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA l~fenmc~) Applican~ Ryan Stork Da~e Prepared: 9/22/08 I. For Demolition of Existing Building Areas Please descfibe areas being removed: entire singl~-faxaily dwelling plus garage/guest house -RECEIVED ZONING BOARD OF APPEAL~_,_~ H. New Construction Areas (New Dwelli, g or New Additions/Extensions).'~ 0 ' Dimensinnsoffirstfloorextensinn: 70' x 32' x 23' var. D~mensionsofnewseoondfloon 70' x 32' 27' x 1~' Dimensions of floor above second level: N/A N/A Height (from finished ground to top of ridge): 31 ' 2 2' Is basement or lowest floor area being constructed? Ifyas, ple!s_ ,e provide height (above ground) measured from natural emsting grade to first floor J I ' NI. Proposed Construction Description (Alterations or Structural Changes) (arach emra sh~ ~fnecessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existingsquarefootageofbuildingsonyourpropeny: Dw~l~}~g: 1224'sf, Acc Proposed increase ofbu/ldlng coverage: Increase ~ ~ [ u New total Square footage ofyour lot: 21,974 sf Percentage of coverage of your lot by building area: '11,35% ~57 sf 2494 _ V. Purpose ofNew Construction: Upgrade dwelling VI. Please describe the land contours (fiat, slope %; heavily wooded, marsh area, et~) on your lafid and how'it relates to the difficulty in mee~fiug the code r~ea, uire.ment(s):.. . . Flat. The contours nave no e~ec~ on alffxoultles in meeting cooe requirements. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction),1/2007 and photos of building area to be alte~ 7/2002; 2/2005; . JA~,es ,E. Fitz ~rald,J J~.. 9/22/O8 Agent B. C. APPLICANT, RYAN STORK QUESTIONNAIRE FOR FILING WITlt YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3 Yes ~No - RECEIVED ZONING BOARD OF APPEALS Are there any proposals to change or alter land contours? ~l~No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? Y es 2) Are these areas shown on the map submitted with this application? Y e s 3) Is the prop~y bulkheaded between the wetlands area and the upland building area? Ye8 4) If your property contalna wetlands or pond areas, have you contacted the office of the Town Trustees for ils determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Submitted and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet abo~e mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or slate "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proxlmi~y of your lands on your map with this application. No Ifyes, please label H. Please list present nse,or operations conduct&l at. this parcel_s .ingl_e- £am.il_y__dwel!ing /---~arage/i~_ru~sd'~/hoca~bpmp. o.~osednse sln¢le-_famlly dw.e. ll!ng at--e/guest t_ ~~m~:.~fmil~, pro]~/~ s~me wi~ ~-~e or pool, or o~r aeserip~om) . house Au i zed S .ture · ' -- J~es E. Fitzg/r~ld, Jr., Agent 9/22/o8 617,20, Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT F¢,,.I ECEiVED For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed b~f 1 3pIicant or Project Sponsor) 1. ~PUC~/SPONSOR Z PROJECT~E ~ J~ E. Fi~gc~ J~. - P:~-T P~t S~s Sm~ Ho~c ZONING 9OARD OF APPEAL~ 3. PROJECT LOCA~ON: Mufi~p~i~ ~cl Coun~ S~o~ 4. PRECISE LO~TION (S~ add~ and mad inte~ons, prominent landman, e~., or pm~de ~p) 3270 ~o~c B~y ~o~ S~ a~h~ ~s. ~e~ ~ 11948 5. PROPOSED AC~ON IS: ~ New ~ ~pansion ~ Mod~mfio~al~m~on 6. DESCRIBE PROJECT BRIEFLY: D¢molish ~ s~e-~ly dwcll~g; con.etlon acw ~o-~o~ s~glc-f~]y dw¢ll~g ~prox~]y 32' x 70' ov~l, ~ ~ll b~em~t ~ ~cw ]ocatiom Demolish c~g g~¢~ house;' coa~ new g~est ho~ appr0x[m~c~y 23' x 40' ov~] [~[on. Ab~don ¢~g o~-sltc scw~¢ d~spo~ ~A~ ~n~ new sewage di~s~ ~st~ ~ new location. 7. ~OU~ OF ~D ~FEC~D: Initially ~ ~ 0.5 a~ Ulfim~y N/A a~s 8. ~ PROPOSED ACTION COMPLY ~ ~STING ZONING OR OTHER ~ISTING ~ND USE RES~IC~ONS? ~ Yes ~ No If No, d~be b~e~ ~ 9. ~T IS PRESE~ ~ND USE IN VIClN~ OF PROJEC~ ~ Residen~al ~ Indu~al ~ Comme~ ~ Agff~m ~ Pa~Fo~Open S~ D ~er De~: M~ m ~ge ~ ~te~om s~e-~ly ~el~. ~ 0. DOES ACTION INVOk~ A PERMIT ~PROV~, OR [HNDING, NOW OR UkYIMATELY ~OM ~ O~ER OO~MENT~ AGENCY ~ Y~ ~ NO E Yes, list agenw(s) na~ and ~e~appmvals: So~o]d T~t~s, ~SD~C, Sou~o]d ~A 11. DOES ~Y ASPECT OF ~E A~ION ~ A CU~N%Y V~D PE~IT OR ~PROV~? ~ Y~ ~ No If Y~, l~t agenw(s) name and pe~appm~ls: I CERTI~ T~T ~E ~1~ PROVID~ ~O~ iS TRUE TO THE BEST OF ~ ~O~G~ / Ie~as°21' ' ~' I If th is in the CoaS~'a Ares, and you are a sta.te agency, complete the Assessment Form before proceeding with this assessment OVER Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RECEIVED All applicants for permits* including Town of Southold agencies, shall ~ this proposed actions that are subjectto the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other mini~teHal permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Water~ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximin 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. notthfork, net), the Board of Trustees Office, the planning Department, all local tibraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMg 128 6 - B The Application has been submitted to (check appropriate rest: TownBoard [] PlavningDept. ~-~ Building~)ept. r~ Board of Trustees ~ 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: ~r Nature and extent of action: Demolish existing single-family dwelling; construct new two-story single-family dwelling approximately 32' x 70' overall with full basement, at same setback distance from existing retaining wall; abandon existing sewage disposal system and construct a new one. 3270 Peconic Bay Boulevard, Laurel 0.504 acres Location of action: Site acreage:. Presentlanduse: Single-family dwelling and garage/gue Present zoning classification: R - 4 0 RECEIVED If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Ryan Stork (b) Mailing address: 10 Godfrey Street, London SW3 3TA, England (c) Telephone number: Area Code ( ) 011-44-207-349-9771 (d) Application number, if any: ZBA #6187 Will the act/on be directly undertaken, require funding, or approval by a stme or federal agency? Yes ~¢No ~ If yes, which state or federal agency?. NYS DEC 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 HI - Policies; Page 2 for evaluation criteria. ~ Yes ~4FNo ~ Not Applicable Replacement of an existing waterfront dwelling, yielding a minimal n~ gain in the area of the footprint is con- sistent with the character of the waterkont comm]mity, and because the immediate area is heavily developed it is felt that there is no adverse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is for the replacement of an existing structure while retaining the same use. The project is cer- tainly a beneficial use of the coastal location, and the incremental increase in development in the area is insig- nificant. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria [] Yes [] Not Applicable There is no evidence to indicate that the immediate area of the project includes historic features. RECEIVED OC~ ~ 'LICANT: RYAN STORK SCTM #: 1000-128-6-8 Policy 1 [] YES LWRP CONSISTENCY ASSESSMENT FORM (Revised 9/22/08) Foster a pattern of development in the Town of Southoid that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE Replacement of an existing waterfront dwelling and accessory s~ructure, resulting in a modest net gain in the area of the footprint is consistent with the character of the waterfront commtmity, and because the immediate area is heavily developed it is felt that there is no adverse impact on the desired preservation of open space. In- frastructure use is not a factor since the project is for the replacement of an existing structure while retaining the same use. The project is cer~alnly a beneficial use of the coastal location, and the incremental increase in development in the area is in- significant. Policy 2 Preserve historic rcsources of the Town of Southold. [] YEs [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features. Policy 3 [] YEs Enhance visual quality and protect scenic resources throughout the Town of Southoid. ~4~NO [] NOT APPLICABLE The structures proposed will not be inappropriate in the proposed location. They are compatible with other existing waterfront stmctures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vege- tation changes, changing light) which might con~'ibute to ephemeral visual quali- ties. Policy 4 Minimize loss of life, structures, and natural resourc~ero~ sion. ~A~ o~ ~j ~NO [] NOT APPLICABLE The likelihood of the proposed project contributing to increased hazards which could result in the losses listed is minimal. Natural protective features will not be adversely affected; there is an existing bulkhead. Policy 5 [] Y S. Protect and improve water quality and supply in the Town of $outhold. ~NO [] NOT APPLICABLE The proposed project will utilize a new Health Department-approved on-site sew- age disposal system. During construction a line of haybales and/or a silt fence will be in place to minimize the chance of silt entering the bay. There will be no distur- bance of the bay bottom during construction. Policy 6 [] Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] NOT APPLICABLE There is no wetland vegetation on the site, and as has been mentioned the property is behind an existing bulkhead and a retaining wall. Steps will be taken to insure that silt does not enter the bay during consmaction. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory re- quirements, at all levels of government, will be strictly complied with. No dredg- ing, excavafmg, or filling of the bay bottom is proposed. Policy 7 Protect and improve air quality in the Town of Southold. [] [] NOTAPPLmABLE The construction or use of the project as proposed will not result in si~tmificant mounts of new air pollution. Policy 8 Minimize environmental degradation in the Town of Sou waste and hazardous substances and wastes. [ ~ {~ Z3 2~- [] YES ~NO [] NOT APPLICABLE '-----~ It is not expected that the project as proposed will, over time, result in the genera- tion of significant additional solid waste; it will be disposed of in accordance with the required or recommended practices of the Town and the SCDHS. Any handling and storage of petroleum products will be accomplished tkrough the use of ap- proved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 YEs Provide for public access to, and recreational use of, coastal waters, public la~nds, and public resources of the Town of Southold. [] NO ~/NOT APPLICABLE This policy is not applicable to the proposed project. Poliey l0 []YES Protect Southold's water-dependent uses and promote siting of new water- dependent us~ in suitable locations. [] NO ~4~OT APPLICABLE This policy is not applicable tO the proposed project. Policy 11 []YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town paters. [] NO ~NOT APPLICABLE This policy is not applicable to the proposed project. Policy 12 [] YES ' Protect tgri,~ultural lands in the Town of Southold. [] NO [] NOT APPLICABLE This poJJcy is not applicable to the proposed project. Policy 13 Promote appropriate use and development of energy ant [] YES ~O [] NOT APPLICABLE The planning and construction of the project is, and will be mineral resources. . cient design criteria are applied throughout, based upon local and State building codes. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Site drainage and water control will be designed and accomplished in accordance with Town policies and requirements. Roof runoff will be retained on-site. Excess spoil resulting from the basement excavation will be removed to a site at which it will pose no environmental burden. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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 Boa~d ~ ? Appeals Elizabeth A. Neville October 7, 2008 Zoning Appeal No. 6232 Transmitted herewith is Zoning Appeals Nt~. 6232 of James E. Fitzgerald for Ray & Jennifer Stork- the Application to the Southold Toy,;: ~i,~ning Board of Appeals. Also enclosed is the Applicant's Project Description, Questi(n,nair?. Short Environmental Assessment Form, LWRP Consistency Assessment Form, Notice of Disacproval from Building Department Dated September 19, 2008, Copy of Survey Show: s~ ~;xisting & Proposed Construction Dated 9/15/08 Prepared by Peter Tokar, AIA, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-06-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT #6232 STOCK, R. & J. #166 $400.00 $o[ TOTAL $400.00 Sent via Inter-Office to Town Clerk by: __pmk Thank you. Town Of SOL ! r,!d P.O Bo:( ',''q Southoid NY ,,1971 Date: 10/07/08 * * * RECE~F'7 * * * Receipt"8: 29601 Transaction(s): 1 1 Application Fees Reference Subtotal 6232 $400.00 Check#: 166 Total Paid: $400.00 Name: Stock, Ryan 3270 Peconic Bay Blvd Laurel, NY 11935 Clerk ID: CAROLH Internal ID: 6232 Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 September 24, 2008 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA #6187; Ryan & Jennifer Stork Dear Sir: Enclosed are the documents which have been revised to reflect changes necessitated by the change in the overall plan that was reported to you, with a new site plan, on 9/16/08. If you need more information or have any questions please call me. /.~fies E. Fitzgera]y7' 2--f,'' Enclosures: Application (8 copies) Project Description (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies LWRP Consistency Assessment Form (8 copies) Site Plan (Tokar, 9/15/08) (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION [ "L~OFFICE LOCATION: 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair j Members of the Zoning Board of Appe~--~ From: Mark Terry, Principal Planner ~ v - LWRP Coordinator Date: August 19, 2008 Re: Coastal Consistency Review for ZBA#6187 , UO 2 0 APPEALS The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. I Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. NOTE there is there a discrepancy in the referenced setbacks. The proposed setback from the residential structure to the bulkhead is 34 feet as measured in the field, 38.75 feet as measured on the survey dated September 14, 2007 and 42.8 feet as shown on the survey; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989~ amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead...." It is recommended that the Board require that the applicant amend the action to meet and/or further the above policy to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved the following Best Management Practices are recommended to lhrther Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6: Protect and restore the quality and function of the Town of Southold's ecosystem: 1. Require a non-turf buffer landward of the northern bulkhead to further protect the integrity of Peconic Bay. 2. Require the installation of gutters~ leaders and d~'wells within the side yards or landward of the structure. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney December 4, 2008 THE STORK PROPERTY- ZBA #6187 I have mentioned that the proposed house, although significantly different in style from the existing house, is similar in style and size to the two houses which now exist on adjoining properties. The main house is two stories in height, and this is not unusual for the many expanded or rebuilt houses on Peconic Bay Boulevard throughout its length. We propose to construct a new garage/guest house house in a new, more landward location, to accommodate the location of the main house at the code-required setback of 75 feet behind the bulkhead. A benefit sought, to be pemfitted to build a new main house with sideyard set- backs which are not significantly different from those of the existing structure, is required to accommodate the proposed structure on this lot which is only 42 feet wide. The current zoning reg.u, latio~ require the total of sideyard setbacks to be at least 35 feet in this R?40 district, lea~ing 7 feet for the house. The house we are proposing is only'28 feet wide, son~ three-and-one-half feet narrower than the new structure originally proposed. Additional footprint area, as compared to the existing dwelling, is all gained on the landward side of the building. The existence of the detached accessory garage/guest house was the feature that led us to apply for the plan we proposed at the last meeting, in that unchanged in its present location the garage/guest house limited the landward relocation of the main house further away from the bulkhead. The present proposal, which in- cludes the demolition of the garage/guest house and the building of a new struc- ture of the same footprint allows the siting of the main house at the code- required 75-foot setback behind the bulkhead. The retention of the approved guest house use of the accessory structure is very important to the owners and therefore is a very important part of the current pro- posal. It would seem that the relocation of the structure to allow compliance with the bulkhead setback requirement for the main house is advantageous to all the concemed parties...the owners, the Town, and the neighborhood...and that's a rare combination. We think we understand the likely reasons that the Code, or the entities charged with its application, severely limit "grandfathering", as the founding.., or writing.., fathers became aware that members of the citizenry who were so inclined were becoming more skilled at finding loopholes. In the present case the only relief sought, in addition to the relocation of the structure, is the al- lowance of a full bath, so that the overnighters can shower or bathe in the mom- ing. Although the Building Inspector states in the 9/19/08 Notice of Disapproval that "The accessory garage/guest house constitutes a second dwelling unit", we con- tend that since in two specific regards the garage/guest house does not meet the Code definition ora "dwelling unit", that portion of the Notice of Disapproval is invalid, and we ask the Board to confmn this in their findings. The Code defini- tion states that a "dwelling unit" contains a minimum of 850 square feet of liv- ing area; the garage/guest house in its present and its proposed location has only 743 square feet of living area. In addition, the Code definition requires that a dwelling unit must contain "complete housekeeping facilities"; the garage/guest house has no kitchen, a seemingly essential component of complete housekeep- ing facilities. Now that we propose the relocation of the garage/guest house in the front yard, although to a site further from the east property line, its sideyard setbacks be- come an issue. The comments which have been made here concerning those set- backs for the main house now apply as well to the accessory structure. It should be considered that the unusual shape shared by many of the properties in this neighborhood, and to a lesser extent, with many throughout the Town, is such that the portion of the property within which the dwelling is located has the width characteristics ora much smaller lot, and thus the sideyard setbacks im- posed for both stmctures are more suitable for a lot of"ordinary" proportions. In this case it could be suggested that reasonable sideyards could be 10 feet mini- mum and 25 feet total, the next step down in the non-conforming lot table of the Code. We are, of course, proposing less than that, but the relief sought, based upon the predominant lot configurations, is not unreasonable. The distance between the proposed house and the house to the west is more than 29 feet, which is one foot less than it would be ifa minimum permissible Code setback (15 feet) existed on each property, and presumably separation between dwellings is what sideyard setbacks are all about. With regard to the structures to the east, it is apparent that the owner of that property and Building Depart- ment administration at the time of their construction, were not concerned with the separation between structures on adjacent properties since three separate structures on that property exist with sideyard setbacks at, or close to, zero feet. The neighborhood has been subdivided in such a way that almost no lots meet the 150-foot minimum width requirement of the Bulk Schedule. This means that for all practical purposes, all the lots in the neighborhood are non-conforming, but the neighborhood seems to have gotten along very well even with this shared burden. The point being that it seems impractical to apply standards developed for "ordinary" or "usual" lots...those that are more square and less long and nar- row...to lots obviously laid out to maximize the number of waterfront sites. It perhaps should have been a separate district, and we should not be trying to squeeze it back into the R40 numbers in the bulk schedule. Regarding environmental impact, it would seem that the project as we propose it would pose significantly less environmental burden than the existing configura- tion of the property. The house and the garage/guest house are further landward, the septic system is much further landward and it will meet current standards in design and construction, and the construction of the new house and the new ga- rage/guest house will meet modem standards of green-ness. When you approve this project, the footprint of the proposed house will improve upon the existing sideyard setbacks. The setback from the bulkhead will be in compliance with the Town Code. The use of the property for a single-family residence with an accessory garage/guest house will be unchanged. Under simi- lar circumstances, many houses in the larger neighborhood have been renovated and expanded by adding a second story, whether or not the original dwelling was completely demolished or built upon, and so the waterfront-ness and char- acter of the neighborhood will be unchanged by your approval of the variance we seek. It's a situation in which everybody wins: the Town gets significant ad- ditional taxes, estimated at more than an additional $11,000, every year from now on, the ZBA gets a house on Peconic Bay Boulevard that's 75 feet from the bulkhead, the neighborhood gets a nice upgrade on the property, and the owners get their new house and garage/guest house. Thank you. 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 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: 1:55 P.M. RYAN and JENNIFER STORK # 6187 and #6232 as amended. Request for Variances under Sections 280-12, 280-116 and 280-124, based on the Building Inspector's September 19, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building) and concerning the proposed relocation with possible reconstruction of an existing nonconforming garage with nonconforming sleeping area and a full bathroom. The new construction is not permitted for the following reasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 36 feet; (2) the accessory garage building construction will contain a non-permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Location of Property: 3270 Peconic Bay Boulevard, Laurel; CTM 1000-128-6-8 adjacent to Great Peconic Bay. 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 13, 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 i P Kowalski, Linda Page 1 ofl From: Hilary, Scott Sent: Thursday, August 07, 2008 1:22 PM To: Verity, Mike; Kowalski, Linda Subject'. ZBA Referrals AEachments: KEVIN FAGA SCTM~31-14-8.2.doc; R~K TO: Mike Veri~, Principal Building Inspector (and) Gerard P. Goe~inger, Jr., ZBA Chairm~ ~]O Linda Kowalski, ZBA FROM: Scott A. Hila~y, LWRP Coordinator SUBJECT: Find attached two Coastal Consistency Reviews (CCR's) completed by the LWRP coordinator for the Board of Trustee's which may be subject to a variance review (application) pursuant to § 280-116 and § 268- 5. ~ 280-116. Building setback requirements adjacent to water bodies and wetlands. B. All buildings or structures located on lots upon which a bulkhead, concrele wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. § 268-5. Review of actions. F. Upon recommendation of £ WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the L WRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the LWRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the des~nated agenc_v_for the determination of consistency for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistency recommendation q£ the L }FRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activit~ consistent with the ob]ectives of this chapter. 8/7/2008 '~)FFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 MAILING ADDRESS. P.O. Box 1179 Southold, NY ! 1971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for RYAN STORK SCTM#128-6-8 Proper-T Permit Services on behalf of RYAN STORK requests a Wetland Permit to demolish the existing single-family dwelling; construct new two-story single-family dwelling approx. 32'X 70' overall with full basement, at same setback from existing retaining wall; abandon existing sewage disposal system and install new sewage disposal system. Located: 3270 Peconic Bay Blvd., Laurel. SCTM#128-6-8 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the bulkhead to the proposed action is approximately 34 feet~ a minimum setback distance of 100 feet from the wetland boundary (bulkhead) is required pursuant to Chapter 275-3. Findingsl purpose~ iurisdictionl setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practicable. ' Further the proposed action~y require a variance from the Zonino. B~rd of Appeals pursuant to § 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75feet from the bulkhead. § 268-5. Review of actions. F. Upon recommendation of L I~RP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the L WRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agencg for the determination of consistenc~, [or variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistencF recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activitF consistent with the objectives of this chapter. If the action is approved the following best management practice (BMP) is recommended: 1. Require a minimum 10' non-turf, permeable buffer landward of the bulkhead. The BMP will further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restores tidal and freshwater wetlands 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. DEPArTMeNT OF PLANNINC, COUNTY OF SUFFOLK __ NOV 1 '/ ZOO8 STEVE LEvY ZONING BOARD OF APREALS SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DII~ECTOR OF PLANNING November 14, 2008 Mr. Gerry Go¢ttringer, Chair Town of Southold ZBA 53085 Main Road Soutbold, New York 11971 Dear Mr. Ooehdnger: Puxsuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Comnfission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-commuaity impact(s). A decision o£1ocal determination should not be construed as either an approval or disapproval. Applicants Murdcioal File Numbers Holman 6202 Stork,'Ryan & Jennifer 6232 Pral'dow, Theodore 6234 Yatrakis 6237 TRK:ds Very truly yours, Thomas A. Isles, AICP ~lanning Theodore R. Klein Senior Plarmer LOCATION MAIl.lNG ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR · P, O. BOX 6100 ({;31) 853-5191 lO0 VETERAN5 MEMORIAL HKSHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631] 853-4044 #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. · Principal Clerk Sworn to before me this / day of /~'~' 2008 LEGAL NOTICE SOU~rlOLD TOWN GEITZ #6218, Request for a Varianc~ under Section 2804i6A(2), based the Building Inspect0r's~ne~ f01 201J8 Notice of Disapproval:aoncern{n~ an as:bu t deck a reconstructed witha set na~ hi~:watcr m~rk 6f the L6ng ~hd sohnd, ~ i580 LePton ~ri~e} So~thold~ 11:15 A.M. FRANK SCAROLA g6227. Requests for: (1)a S~ecial E~ ception under Section 280 13B for ~ersion of'~n existing building to a famliY dwellin~ and (2) Vari~ces;~der Se~t OhS 280:13A find 280 [~ ba~¢~ o~ ~e Building inspdct~d amended/~e~ tembe? lo} 2~8;Notice'0[ ~}sa~pmva~: s~ting that: (a) ~onvers[on ~f*~ a n0n-~miue3 use; ~nd ¢5 th~{ the 10t for'a'~b-fam y dWe i{ng Zone Dist'[ct! trict EOea~On 0f~ope~::a85~Souha Avedue, Mattitack; C~ l~0 ~2~-3~6, A VOLiNSKI CHRISTIN NOTAR'¢ pu~UC-SIAT£ OF NEW yORK No. ol-VO5105050 QuOI[BoO la SultOlk Cou~W ~ild fi Inspe~fof's Sep[emb9r 9; 2~8 122A ~d ~2§0 l~4.~aJed Location of Pr00er~ 13~ CMves Ndck ~o~s{~fie~l~fi:~ f e?eat~:~ h~ a, gr~ } R0ad, South01d;~!~63~7-25. n0ncbnfommm hn~i~qr¢fim an~i~ i ~62262 Request for a Varifinc6 under ~tH~e~tb th~ Dsa~provalc0ncerningaprop0sedad¢, q~;~fi°~0fPmpert~95, diti6~ ~hicfi ~il b[ less ~afi tKe ~$d~: ~;X~ea~ (fi~a '~5~ ge~etts: ?equiredmin~u~6i5Of(e}forthe~ear 'U~h~};~8~tfi~I&~7¢~253;:" yards at less than 25 feet combined, on tal side yards less t mn 35 feet (2} thc ac , B~L~D~ KOWA~Ki this 4,914 square k*ot buiMable area; and cessm~ ga age building construction will ' ' 530 EO. BdE ii7~ is ,ess than thc code req. ired minimum a second 3weging: (3)thc acce~'~rYt~tn ~%'t}~;~ than ~esi' :atbd ~.e.. F~eS are a. ail- SOuthotd,NY 1971;0959 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. -- '~rincipal Clerk Sworn to before me this / day of ~.~-~-~, 2008 LEGAL NOTICE SOUTHOLD TOWN GEITZ #6218. Request for a Variance under Section 280-116A(2), ba~ed op the Building lnspector's~'une, No ce of Disapprova ~concernmg an as~built deck as reconstructed with a set- bhck at less than J00 feet frora th~ordi-- naly high~water m~rk df the Lon~ i~land Sound ~ i580 I e~t0n D~ V6 So~'thotd~~ ~M 10~5825~ 11:15 A.M. FRANK SCAROLA ~6227. Requests for: (1)a Special ception under Section 280-13B for c0~& version of an c5 s ng bu dmgt0 a two- Se~ti~fis 280-13X m~d ~0 ~d~bak~3 on · e Building [nspect~:~ tembev 10~ 2~& Nofice 0f, storing that: a non;pemittefl U~e;~d ¢~ th~ihe lb~ fo(a t~v3~hm ly d~e '[~ z6ne D Stile tnct: CHRISTINA VOLINSKI NOTAR7 pUBLiC-STATE OF NEW YORK No. O1-VO6105050 QUO~i~d In SuffOlk County Rdad Southbld~ CTM i000-63.%25. ~ 9:40 A.M. VICKy ~GERM&ISE #6226. Request for a Varifinc¢ under Section 280:124 based 'on the Build ~g the eode~requir[d minimum of Inspector's September 5, 2008 Notice of 4Q feel oxt;thi~ parcel ¢ontainin~ 21,322 Disapproval Concerning a pr0p0sedlad; S~ ~-~ ~:"~' ~ ~ !~ ~ . , . . ; ~,fife,[. ~a~pn, ~f,,prop~rt3(~ 695 dmon whmh ~il, be l. ess thml tke-co~e= ~/~A'~¢~ (a/k/a ~50 Bennntts required mMimuIvr-df 50 feet for t he m~r E~iq~ e), ~uth~ls; ~?~,?t 70;~: 3'5 ? ;¢ yhrd'setback, ar'3~5 Bunny Lafi~;Ne,~ ...... ~:10 Ej,~ yROMXNELLI REALTY (3) proposed Building #1 is not pel- 280-40B(2) 'c Ba w ~ a lear yard a~ l~ss'than 35 feet; (3) wiU ing. If you have questions, please do not ~djacent to G[eat pec0m Y. . ~ ., .... ~ ~ . _x ';e~ttMe io ~ohtact our office at (631) 9.hq EM GAMA p~OPERT~S ~ea~r~e~[m~[;~9~ta? ~{' ~x ~' ~h LndaK6~ask{~ ~5~'~m s un'; a~3 S~{i6hs 280d9 ~n3'~0: Main Road (NYS RoUte 25) and Facto~ Town:S~j tho c' Y*3'~ ' 2~8 ~¢6~d 6fi ~ B g ~ · '-~ ~ ; ~" ZONING BOARD OF APPEALS ~gpproual 'c0ncem~ng pr0P0S~d aB: :,-~¢ Bqffr~ ,9~ APR~]~ :. C~I~AN Stote}.~e reasons rated that the new ~nstru~fion: (1) mil have a t ~n ~es!~[e dg~je.}~ta~u~e~s 91i 1T II/27 ~uired minimum bf 25 feet; (2) will have hours and pri6p f0 the day of 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 (63t)'765-1809 Fax~/65-~)064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold websitc: htt0 ://southtown.northfork.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 encfosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providinq 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 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 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 Postinq 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall~ 53095 Main Road~ Southold-. NAME: STORK, R. & J. #6232 & #6187 MAP #: 128-6-8 VARIANCES: NEW DWELLING & COTTAGE RECONSTRUTION REQUEST: NONCONFORM. USE & SETBCKS. DATE: THURS, DEC. 4, 2008 1:55 PM 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 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 October 9, 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 # 6232 Applicant's Request: Within 500 feet of: Owner/Applicant: STORK, RYAN & JENNIFER New dwelling setbacks and reconstruct 2nd dwelling ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman By: ../~/~ -,~, ~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of RYAN and JENNIFER STORK Regarding Mailing of Notice Conceming Applicant's Land Identified as SCTM #1000-128-618 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 19th day of November, 2008, I personally mailed at the United States Post Of- fice in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to cur- rent owners shown on the current assessment roll verified from the official ~cords on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: November 21, 2008 (~ ~ ~_ ~ /ames E. Fitzger~? - Sworn to before me this 21st day of November, 2008. m m nj Postage Return Receipt Fee (Endorsement Required) tse., ~-o Carll Austin =~'~-~C '/f~f ;~U ....... 5'"'.: ........ '~' ............................................. I or PO leox No. ~(J ~OX ~ ~~,3~g 2~;i ..................................................................... Postage Cerffiied Fee Return Receipt Fee (Endorsement Required) Restricted Delivesy Fee r~ (Endorsement Required) Total Postage & Fees $ $5.49 $ $5.32 Date: November 19, 2008 TO: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) I'his projcct is significantly different from that described in the pre~ ious notice dated 7/30/08. I he proposed house is now flu'th0r fi'om the bulkhead and thc garage/guest house xxill bc rebuilt at a new location. ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter off Ryan and Jennifer Stork, SCTM #1000-128-6-8 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submitted to the Zoning Board of Appeals for a variance to allow: Demolish existing single-family dwelling; construction new mo-story single-family dwelling approximately 32' x 70' overall, with full basement in new location. Demolish existing ga- rage/guest house; construct new garage/guest house approximately 23' x 40' overall in new location. Abandon existing on-site sewage disposal system; construct new sewage disposal system in new location The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 3270 Peconic Bay Boulevard, Laurel, NY 11948 o A public hearing will be held at Town Hall at or about 1:55 PM on Thursday, December 4, 2008, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Ryan Stork 4 Sloane Terrace London SW1X 9DQ England 011-44-207-349-9771 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. Office L~cation: 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 Southold. 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 healings 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 THU RSDAY~ DECEMBER 4~ 2008: 1:55 P.M. RYAN and JENNIFER STORK # 6187 and #6232 as amended. Request for Variances under Sections 280-12, 280-116 and 280-124, based on the Building Inspector's September 19, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building) and concerning the proposed relocation with possible reconstruction of an existing nonconforming garage with nonconforming sleeping area and a full bathroom. The new construction is not permitted for the following raasons: (1) the new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will contain a non-permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Location of Property: 3270 Peconic Bay Boulevard, Laurel; CTM 1000-128-6-8 adjacent to Great Peconic Bay. 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 healing. 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 emall: Linda. Kowalski~}Town. Southold.ny. us. Dated: November 13, 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 RYAN STORK: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-128-6-8 Ryan and Jennifer Stork 10 Godfrey Street London SW3 3TA England November 17, 2008 NOTICE SENT 1000-128-6-7 Carll Austin Post Office Box 1 Laurel, New York 11948 1000-128-6-9.1 Ludivoica Romanelli 1 Azalea Court Farmingdale, New York 11735 1000-128-6-9.2 Ludivoica Romanelli 1 Azalea Court Farmingdale, New York 11735 1000-127-3-12 Half Hollow Nursery Realty Group 624 Deer Park Avenue Dix Hills, New York 11746 STORK R. ESrl)ENCE LA. tJ-R~'L PETER TOKAR, A.I.A. ARCHITECT · 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 rnaitpieca, or on the front if space permits. 1. Article AddreSSed to: Carll Austin PO Box 1 Laurel NY 11948 ,y ( Printed Name) D. isdelive~eddmssdiifemntfromiteml? r-lyes If YES, enter delivery address below: [] No 3. Sewice Type PS Form 3811, February 2004 7005 3110 0000 2766 3036 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. Printed C. Date of Delivery · Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliver/address different from item 1 ? [] Yes 1. Article Addressed to: it YES, enter delivery address below: [] No Ludivoica Romanelli I Azalea Court Farmingdale NY 11735 Service Type ~ Certified Malt [] Express Mail [] Registered [] Rstum Receipt for Memhandlse [] Insured Mall [] C.O.D. 4. Restricted Dellveqr? ~_xtra F~e) [] Yes 2. Artlcle Number 7005 3110 0000 2766 3029 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Lf Hollow Nursery Realty Group ~4 Deer Park Avenue ix Hills NY 11746 [] Agent [] Addressee D. m item 17 If YES, enter deliver/address below: [] No 3. Service Type J~ Certified Mall [] Express Mall [] Registered [] Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted D~ivery? (Extra Fee) [] Yes 2. Artic[eNumber 7005 3110 0000 2766 3012 PS Form 3811, February 2004 ~ Return Receipt ~02sgs-O2-M-1540 AFFIDAVIT OF POSTING TO THE SOUTHOLD BOARD OF TOWN TRUSTEES IN THE MATTER OF THE APPLICATION OF: Ryan & Jennifer Stork STATE OF NEW YORK COUNTY OF SUFFOLK I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, NY 11935, being duly sworn, depose and say that on the 24th day of November, 2008, I personally posted the property known as 3270 Peconic Bay Boulevard, Laurel, by placing the ZBA official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing, which date is noted thereon to be Thursday, December 4, 2008, at 1:55 PM. ~s E. Fitzgerald, J~.d __ Sworn to before me this 4th day of December, 2008: Notary Public BONNI£J. Notary Public, State Of New York ilo. 01006095328, Suffolk Term Expires July 7, 20 ~ APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva Jalnes 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 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 June 11, 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. 6187 (Stork) Dear Mark: We have received an application for construction of a new single family dwelling on Peconic Bay Blvd., in Laurel, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer Chairman COUNTY OF SUFFOLK (~) Real Properly Tax Service Agency SOUTHOLD SECTION NO 127 1000