Loading...
HomeMy WebLinkAbout6187 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 /~ .~, ITE PLAN FOR STORK. R F..SIDENCE 51TUATE LA UI? F.I'. TONN OF 50UTHOLD -- SUFFOLK C-OUNTYt N.Y. -- 5C-ALE, I" INCH J 20I PREPARED FROi'""I OFFI~:E REC-ORD-~*~ q/lB/OB PETER TOKAR, A.I.A. ARCHITECT 3'718 Sound Avenue, Rivcrhead N.Y. 11901 (631) 208-4097 Fax (631) 208-4099 FEET L .... J - LEFT ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~%~ DATED ~1 ~ I ~\ ,v' PAVER~ J II I II IBa~,,:',~ ~'r II r.lrl_ r.J ,LJ__ ~' ------ILr- L-J. .L- FRONT E:I_EVAT ICON FINAL MAP REVIEWED BY ZBA SEE, DECISION # G/~ ?_ DATED '~ I 5~ 12c~, L ..... J L .... J ~,~E~ ~.NT .L L J RIGHT ELE'VATION S'rANDINCiI SEmi'"1 fflE'rAL k--"l --I- ---I REAR ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~/;? !DATED ~ / ~ I ~ ?, Z A DESCRIBED PROPERTY A SITUATE LAUREL, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: RYAN STORK JENNIFER STORK N/F ROMANELLI RESIDENCE SERVICED BY SCWA N/F AUSTIN ~2S-06-0DS CLEAN-OUT ACCESS EL 18 A PROPOSED BUILDING FOOTPRINT NOTE E~tSTINO BLD¢ DRIp LINE ............... "~ DENOTES BEARINGS AND ~s 31'2o'37"w~ DISTANCES ALONG APPARENT 22,17 J HIGH WATER LINE (TYP) 54'1722 W (PROP) (EXIST) EX,'ST) I RESJDENCE .~'~' 96 g' EL 15 ? F APPEALS 1 BEDROOM OVER C) A PREPARED 29 APRIL 2008 SCALE 1" = 20' TEST HOLE DCATION END FENCE N/F AUSTIN CHIMNEY NOT TO PROJECT MORE TNAN 2' EXISTrND END FENCE S 31'20'59"W 22.17' S 54'17'22"W 10.21' GUARANTEED TO: RYAN STORK JENNIFER STORK MID-ISLaND ABSTRACT, LLC SURVEYED BY STANLEY P.O, BOX NEW SUFI 631-754 ISAKSEN, JR, 94 L~<. N.Y. 492/?3 07R1621R-1 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Pmper-T Permit Services (Stork) PO Box 617 Cutchogue, NY 11935 DATE: September 19, 2008 Please take notice that your application dated May 6, 2008 For permit to demolish an existing single family dwelling, construct a new single family dwelling and demolish agff~econstruct ~ existing non-conformim, eara~,e/~uest cottage at " Location of property: 3270 Peconic Bay Blvd., Laurel, NY CountyTax Map No. I000- Section 128 Block 6_ Lot_8 Is rctumed 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 a single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the dwelling 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 second dwelling unit. 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 ofa waterfi:ont 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 Peter Tokar~ AIA. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department CC: file, Z.B.A. Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 September 16, 2008 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA #6187; SCTM #1000-128-6-8; Ryan & Jennifer Stork Dear Sir: The owners have revised their thinking with regard to the proposed location of the structures in this project. Enclosed are copies of a new site plan which results from these changes: · The main house is now located at a setback of 75 feet from the bulkhead on the property, and the sideyard setbacks have been modified as discussed with the Board at the 8/21/08 meeting. · A covered deck has been added at the south (seaward) end of the house. · The accessory structure, described as "Garage/Guest House with two sleeping rooms (per the Pre-C/O dated 5/3/07 as provided)" which will be rebuilt according to code on a footprim of the same size and configuration as the existing, has been moved north to a location about 40 feet from the main house and has been located more centrally east-and- west on the property. · The Garage/Guest House, which is described in the Pre-C/O as having a half-bath is now proposed with a full bath. A new disapproval from the Building Department has been applied for. Sincerely, //~es E. Fitzger~ Enclosure: Site Plan, Peter Tokar AIA, 9/15/08 (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge@suffolk.lib, ny. us Fax: 631-734-7463 TO: MEMORANDUM DATE: 9/16/08 X-Damon Rallis - Building Department FROM: Jim Fitzgerald SUBJECT: Disapproval for Ryan Stork; SCTM #1000-128-6-8 The project has changed, and a new proposed site plan is attached (Peter Tokar, AIA, dated 9/15/08). Please provide a new disapproval. A check for $50 is also attached. cc: Linda Kowalski - ZBA YAN STORK IN~FER STORK 1000-128-06-008 EL 18 OF OTHERS (EX~ST) (PROP EX~ST) WALL OF ADJACENT RESIDENCE oCONC COVER (PROPOSED) HOLE LOCATION FENCE BLD~ DRIP LrNE . / ) O~R PROP LJNE 0,3'~ UTILITY POLES (2) ~ ~1' NORTHERLY. POLE ON PROPER'IY UNE, (PROP.) END FENCE SCALE 1'" = 20' N/F AUSTIN RESIDENCE SERVICED BY SCWA S 31'20'$9"W 22.17' S 54' 17'22"W 10.21' ^ / TO: FORM NO. 3 NOTICE OF DISAPPROVAL Proper-T Permit Services (Stork) PO Box 617 Cutchogue, NY 11935 DATE: May 15, 2008 AMENDED: August 20, 2008 Please take notice that your application dated May 6, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 3270 Peconic Bay Blvd., Laurel, NY County Tax Map No. 1000 - Section 128 Block 6 Lot _8 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 a single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the dwelling will have a single side yard setback of 4.2 feet and a total side yard setback of 9.5 feet. In addition, the proposed construction, is not permitted pursuant to Article XXII Section 280-116 B, which states~ "All buildings located on lots upon which ~ 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 seventy-five (75) feet from the bulkhead." The new construction is noted as being +/- 52 feet from the existing bulkhead. This Notice of Disa~q~-m'ai~as written based on a surve¥~ last dated 4/29/08~ by Stanley Isaksen~ _~d amelad~n 8/20/8~p correct an error in setback to the bulkhead. - ~ / ~Signa~.~.~' Note to Applicant: Any change or deviation to the above referenced application, may require farther review by the Southold Town Building Department. CC: file, Z.B.A. Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 August 20, 2008 Chairman Southold Town Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: #6187: Ryan and Jennifer Stork, SCTM #1000-128-6-8 Dear Sir: Attached are eight copies of an amended disapproval from the Building Department which was issued subsequent to my discussion with the examiner concerning the letter from Mark Terry, dated 8/19/08, in which Mr. Terry describes "a discrepancy in the referenced setbacks". Based upon Building Department procedures and the map submitted with the present application, it is stated in the amended disapproval that "The new construction is noted as being +52 feet from the existing bulkhead". a subsidiary of THE PECONIC EASTERN CORPORATION Map of 3270 Peconic Bay Blvd, Laurel, NY 11948--1g10 ~ Live Search Maps X~iFor the best possible print results, click~ve Search Maps page. Page 3270 Peconic Bay glvd, I Search Maps Web Location result for' 3270 Peconic Bay BNd, 1810 Share Print Laurel, NY 1 t948- Arrow indicates Stork property http://maps live.corrff 4/26/2008 August 21, 2008 THE STORK PROPERTY 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 adjoin- ing properties. The proposed structure is two stories in height, but this is not un- usual for the many expanded or rebuilt houses on Peconic Bay Boulevard throughout its length. The benefit sought, to be permitted to build a new house with the same setback from the bulkhead as the existing house and with slightly smaller total sideyard setbacks, is required to accommodate the proposed structure on this lot Which is only 42 feet wide. The current zoning regulations require the total of sideyard setbacks to be at least 35 feet in this R-40 district, leaving 7 feet for the house. The house we are proposing is only 32 feet wide and from a design standpoint it is felt that any further reduction of its width would result in a structure that in the future would bear the burden of being considered "unusual". Additional footprint area, as compared to the existing dwelling, is all gained on the road side of the building, but is limited in that direction because of the existence of a large detached accessory structure. It should be considered that the unusual shape of essentially all the properties in this neighborhood, and which is shared 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 of a much smaller lot, and thus the sideyard setbacks imposed are more suitable for a lot of"ordinary" proportions. In this case it could be suggested that the logical and reasonable sideyards should probably be 10 feet minimum 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 unrea- sonable. The proposed house is essentially the same distance from the bulkhead as'that of the existing house. The existing house presumably met the zoning requirements, if any, when it was constructed. Many houses in the area which have been re- built or renovated are closer to the bulkhead and side property lines than current Code requirements. The distance between the proposed house and the house to the west is 29 feet, which is one foot less than it would be ifa minimum permis- sible Code setback (15 feet) existed on each property. Presumably separation be- tween 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 is not con- cemed 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. Concerning the setback from the bulkhead, the only waterfront house in the vi- cinity set back 75 feet from the bulkhead is the house on the adjacent property to the west. Ifa line is drawn through the most seaward part of the houses in the area (not the decks, which are even closer to the bulkhead), it is a relatively straight line and is about 50 feet landward of the bulkhead. It should be noted that the owner of the property to the west did not apply for a variance to allow construction closer to the bulkhead, presumably preferring the greater distance. It is important to consider the geography of the neighborhood with regard to the manner in which it was subdivided. Section 128 of the Suffolk County Tax Map includes 77 lots between Peconic Bay Boulevard and Great Peconic Bay. Of these, 24 lots are bounded by both the Boulevard and the Bay. Of the total of 77 lots, none meet the 150-foot minimum width requirement of the Bulk Schedule. This means that for all practical purposes, all the lots in the area described are non-conforming, but the neighborhood seems to have gotten along very well even with this shared burden. The point being that it is impractical to apply standards developed for "ordinary" or "usual" lots...those that are more square and less long and narrow...to lots obviously laid out to maximize the number of waterfront sites. Having the side property lines at an angle to the shoreline in- creases the length of the shoreline compared to the actual width of the property. It perhaps should have been a separate district, and we should not be trying to squeeze it back into the R-40 numbers in the bulk schedule. The footprint of the proposed house essentially maintains the existing setbacks from the property lines and the bulkhead, and the use of the property for a sin- gle-family residence will be unch ~ar~ged. Under similar 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 character of the neighborhood will be unchanged by your approval of the variance we seek. Proper-T Permit Services P.o. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: July 17, TO: FROM: Linda - ZBA Office Jim Fitzgerald SUBJECT: 06187, Ryan Stork; SCTM #1000-128-6-8 JUL 1 7 2008 BOARD OF APPEALS Here are eight copies of the survey (Isaksen, last dated 7/3/08) which has been revised to show the setback(s) of the proposed house from the existing retaining wall, and the maximum allowed projection of the chimney...as you requested. TO: Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 FORM NO. 3 NOTICE O1~ Please take notice that your application dated I~1~: A PPROyAL C JuN 8 BOARD OF APPEALS 15, 2008 For permit to demolish an existing single family dwelling and construct a new single family dwelling at Location of property: 3270 Peconic Bay Blvd., Laurel, NY County Tax Map No. 1000- Section 128 Block 6 Lot_8 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conform in g 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 squareM'eet in total size, require a single side yard setback of 15 feet and a total side yard setback ~f~.~35_ feet.~ Following the proposed construction, the dwelling will have a single side yard setback of 4.2 feet and a total side yard setback of 9.5 feet. In addition, the proposed construction, is not permitted pursuant to Article XXII Section 280-116 B, which states; "All buildings 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 seventy-five (75) feet from the bulkhead." The new construction is noted as being +/- 42.8 feet from the existing bulkhead. This Notice of Disapproval was written based on a survey~ last dated 4/29/08, by Stanley Isaksen, ~'~P~uth(~ri~ed Sign-'~u~e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SouthoidTown. NorthFork. net Examined ,20__ Approved ~20 Disapproved a/c / Expiration ,20__ PERMIT NO. Building~Inspe---ctor BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit 2 Storm-Water Assessment Form Contact: Mailto: PLEASE DO NOT MAIL Phone: 734-5800 APPLICATION FOR BUILDING PERMIT ~ Date i~'lay 6 ,20 08 INSTRUCTIONS ' ~' a. This application MUST'be completely filled in by type~rit6r or in ink and submitted to th{f Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. EveE~ building permit shall expire if the work authorized has not commenced within 12 months at~r the date of issuance~or has not been completed ~vithin 18 months from suchrdate. If do zoning amendniefi'ts or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Tgwn of Southold, Suffolk Caunty;New York,/and other applicable ,Laws Ordinances Regulations, for the constmctton of buddings, additions, or altemUons or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, ho~ing code, ~j~5~hs, and to admit authorized inspectors on premises and in building for necessary inspections./~ '~ f.~/ ~'7~.~'''~- i ] ~Signature of applicant 9} ~[me;3faea~-~tion) I tJtf,~ho~e, 1~ ! Sta~%Th~ther applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Nameofownerofpremises Ryan and Jer~nifer Stork .. - (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer . : (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: 327© Peconic Bay Boulevard, Laurel House Number Street Hamlet County Tax Map No. 10 Subdivision · ~ 128 Block 6 Lot Filed Map No. Lot 8 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Single- family dwelling b. Intended use and occupancy Single-family dwellinK 3. Nature of work (check which applicable): New Building X Repair Removal Demolition X 4. Estimated Cost More than $100,000 Fee 5. If dwelling, number of dwelling units One L If ga[dge, number of cars N/A Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling traits on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. I~/A 7. Dimensions of existing structures, if any: Front i~/A Rear Height Number of Stories _Depth Dimensions of same structure with alterations or additions: Front Depth. Height Number of Stories Rear 8. Dimensions of entire new construction: Front 3 2 ' Rear Height 31 ' Number of Stories 1-1/2 32' Depth ? 0' 9. Size oflot: Front 58' Rear 55' Depth 525' 10. Date 0fPurchase 2007 Name ofFormer Owner Susan Souder and others 11. Zone or use district in which premises are situated R-t~0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO __ 13. Will lot be re-graded? YES __ NO X Will excess fill be removed from premises? YES × NO__ Owner: Ryan & Jennifer Stork, 10 Godfrey Street, London SW3 3TA, 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. Architect: Peter Tokar, 3718 Sound Avenue, Riverhead 11901 15a. Is this property within l 00 feet of a tidal wetland or a freshwater wetland? *YES X NO__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES X NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. England 208-4097 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17: If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROV1DE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF Suffol}~ James E. F it zg ora kd, Jr. being duly sworn, deposes and says that (s)he is the applicant (Name ofindividuai signing contract) above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this dr2 ~' day of ~c~ 20 OF Notary Public LINDA d COOPER NOTARY PUBLIC, State of New York NO, , Suffolk APi~EALS JUN 9 20ca BOARD OF APP._ALS ~-- l it, i APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ., , Y' ' ~. ~' I ~For Office Use Only ~"'~ Fee:$ ~, Filed By: ~i(~ ~-~.0~(-~.~4~t Date Asslgn~/Assignment No. ~ ~ ot.: JUN HouseNo. )270Strut [etonic Bay Blvd Hamlet Laur~s~ ~, APPEALS SCTM1000 Section 128Block 6 Lot(s). 8 LotSize 21,974 sf Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 5/1 5/05 BASED ON MAP DATED 4/2 9/08 Applicant(si/Owner(s): Ryan and Jennifer Stork MailingAddress: 10 Godfrey Street, London SW3 3TA, England 011-44-207-349-977t Telephone: Fax #: Emaih rjjwstork@gmail.com NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, agent, architect, builder, contract vendee, et~ and name of person who agent represents: Name of Representative:James E. Fitzgerald, Jr. for (X) Owner, or ( ) Other: Agent's Address: FO Box 6t~, Cutchogue, NY 11935 Telephone 734-5800 Fax#: 734-7463 Emaih jefitzge@suffolk, lib.ny.us Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 4/29//08 and DENIED AN APPLICATION DATED 5//6//08 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy ~3 Change of Use [] Permit for As-Built Construction ~3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article×X X I T Section 280- 1 24 Subsection XXII 280-116B Type of Appeal. An Appeal is made for: ~3 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, )~3 has not been made at any time with respect to this property, UNDER Appeal No. Year __. (Please be sure to reseurch before completing this question or call our office for assistance.) NameofOwner: RYAN -~TOi'~K Z ile# REASONS FOR APPEAL ~additional sheets rnav be used with preparer's signature}: .4RE/I E4RL4NCE RE.4SON$: (1) An undesirable change will not be produced in the CHARACTER of th~ detriment to nearby properties if granted, because: See attached Fage. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [] No. [] Yes (t~lease furnish copl'). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Sign~t~r~e of Appelant or/I ~orized A~et~ / (Age~l~ust submit written Aulh~ ion from Owner) · Sworn to be$ore me this _ Notary Public Applicant: Ryan Stork REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed house, although significantly different in style from the existing house, is similar in s~yle and size to the two homes which now exist on adjoining properties. The proposed structure is two stories in height, but this is not unusual for the expanded or re- built homes along Peconic Bay Boalevard. 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 rebuild a new home with the same setback from the bulkhead as the existing home and with slightly smaller total sideyard setbacks, is required to ac- commodate the proposed structure on this lot which is only 42feet wide. The additional footprint area is ali gained on the road side of the building, but is limited in that direction because of the existence of a large detached accessory structure. 3. The amount of relief requested is not substantial BECAUSE: The existing home is essentially the same distance from the bulkhead us that proposed for the new home. The existing house presumably met the zoning requirements when it was constructed. Many homes in the area which have been rebuilt or renovated are closer to the bulkhead and side property lines than current requirements. 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 maintains the existing setbacks from the property lines and the bulkhead, and the me of the property for a single-family residence 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- STATE OF NEW YORK) COUNTY OF SUFFOLK) : I: J e E. Fitzgerald,. Jr,. ~ Swom to before me this -~ day of &~./,.) ~.~-~ ,2008. Notary Public Commission Eq~s/~d128, 2012 APPLICANT'S PROJECT DESCRIPTION · · (For ZBA Reference) Applicant: Ryan Stork Date Prepared: 1. For Demolition of Existing Building Areas Please describe areas being removed: e n t i re 6/2/oS single-~amily dwelling JUN 9 BOA 'R.DAl FEALS Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 70 ' x .32 Dimensions of new second floor: 70 ' x .32 Dimensions of floor above second level: Height (from finished ground to top of ridge):.31 ' Is basement or lowest floor area being constructed? If yes, pleas? provide height (above ground) measured from natural existing grade to first floor: 1II. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Dwelling: Proposcdincrease ofbuildingcoverage: Increase: 101 6 sf Square footage of your lot: 21,97q, sf Pementage of coverage of your lot by building area: 1.3..314% 1224 sf, Acc 700 sf New total: 2940 sf V. PurposeofNewConstructlon: Upgrade dwelling VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat. The contours have no effect on difficulties in meeting code requlrementq. 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 vie~ 7/2002; 2/2005; 1/2007 ~~E .~F .~ Agent Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 June 6, 2008 JUN 9 2008 BOARD OF APPEALS Re: Application for a Variance; SCTM #1000-128-6-8; Ryan & Jennifer Stork Dear Sir: (631) 734-5800 Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a single-family dwelling on the property of Ryan and Jennifer Stork located at 3270 Peconic Bay Boulevard in Laurel. Proper-T Permit Services represents Mr. & Mrs. Stork in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $600) Application (8 copies) Project Description (8 copies) Letter of Authorization (8 copies) Transactional Disclosure Form (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies Vicinity Map (8 copies) Tax Map (8 copies) Aerial Photograph (8 copies) LWRP Consistency Assessment Form (8 copies) Survey of Property (original plus 7 copies) Building Elevation & Floor Plan Sketches (8 copies) Town Property Card (8 copies) Project Site Photos (8 copies) Photo View Angles (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessan~ to avoid same. YOUR NAME: Ryan Stork (Last name, first name, middle initial, unless you are 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.) Tax Grievance Variance XX Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: BOARD OF APPEALc 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 NO 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 that relationship between yourself (the applicant) 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 apphcant (when the apphcant 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 apphcant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submittedthi~ PrintName: ~y~n Stork 10 Godfrey Stre London SW3 3T~ England Chairman Southold Town Board of Appeals Town of Southold Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for the construction ora new house on my property located at 3270 Peconic Bay Boulevard, Laurel, and designated by Suffolk County Tax Map No. 1000- 128-6-8, and to furnish, upon request, supplemental information in support of the application. A~2ICANT: ~YA~'TORK QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? ~8(No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? Y e s 2) Are these areas shown on the map submitted with this application? Y e $ 3) ls the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ¥ e 8 Please confirm status of your inquiry or application with the Trustees: S u bm i t t e d and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? 1N c Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~;o (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? i"; o 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 proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel s ingle- family dw e t 1 lng /"iF''~ /'-f ~.andprol~_seduse single-family dwelling . ( ~ ~,n~family; l~ro~ same with garage or pool, or other description.) Au~9~rized Signat~e and l~ge t'- - 2/05; 1/07 J/~5;~8E. FJtzg~/r~ald, Jr,, Agent APPEALS 617.20 Appendix ¢ State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PRI~JI=CT INI'URMAllUN ~ IO De completea Dy ~ ~ptlcant or Project bponsorI 1. APPLiCANT/SPONSOR 2. PROJECT NAME James E. Fitzgerald, Jr. - Proper-T Permit Services Stork House 3. PROJECT LOCATION: Municipality Laurel County Suffolk 4. PRECISE LOCAIION (Street address and mad intersections, prominent landmarks, etc., or provide map) 3270 Peconic Bay Boulevard See attached maps. Laurel, NY 11948 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 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. 7. AMOUNT OF LAND AFFECTED: initially tess tha~ 0.5 acres Ultimately N/A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Some setbacks are less than required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other Describe: Medium to large private waterfront single-family dwellings. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes L_] No If Yes, list agency(s) name and permit/approvals: Southold Trustees, NYSDEC, Southold ZBA ~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: j~ ~ ~:~=: ~ ~L~?~, ,-- 12. ASARESULTOFPROPOSEDACTIONWILLEXISTINGPERMIT/APPROVALREQUIREMODIFICATll) ~..[.J ,,.j~ r~, , ~" ~ DYes [~]No -- I CERTIFY THAT THE ~D~M~I~)~ PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor~l'me:~'~'-'-'J~es E. Fi~_d,(.~rf ~ ~ Date: May 26, 2008 If the ~t3/on is in the Coa~a~ Area, and you are a state agency, complete the C.e'astal Assessment Form before proceeding with this assessment OVER I Reset Proper- T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge@suffolk,lib, ny.us Fax: 631-734-7463 MEMORANDUM DATE: June 10, 2008 TO: Linda - ZBA FROM: Jim Fitzgerald SUBJECT: ZB&~yan Stork; SCTM #1000-128-6-8 As you requested, here are 8 copies of the C/O and the Housing Code Inspection Report for the accessory building: Z-32335, dated 05/03/07. FORM NO. 4 TOWN OP SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Eall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32335 Date: 05/03/07 THIS ~-'K~'£IFIES that the bu/l~iug DWELLING Location of Property 3270 GREAT PECONIC BAY BLVD LAUREL (HOUSE NO.) (STREET) (HAMLET} County Tax Map No. 473889 Section 128 Block 0006 ~ot 008 Subdivision . Pile~MapNo. __ Lot No. __ conforms substantially to the Requ/r~ts for a ONE FAMILY DWELLING built prior to A~RIL 9~ 1957 pur~,~-t to w~/chC~TIFI~OF ~ANCYNI~E~ Z- 32335 ~]ated MAY 3~ 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The Occupancy for which this certificate is issued is ONE FAMILY DWELLING & ACCESSORY GARAGE WITH SLEEPING QUARTERS* T~e certificate is issued to SUSAN SOb-DER & ORS. (OWNER) Of the aforesaid building. ~uF~O~ ~ DEPARTmenT OP ~TH ~PRO~J~ m.~IC~L (~TIFICA~ NO. *PLEASE SEE ATTACHED INSPECTION REPORT. ~/~ N/A N/A Signature Rev. 1/81 0.0 AURE MA1 TITUCI 11952 THE AREA OF THE PROPOSED PROJECT IS CIRCLED SOUTH JAMESPORT G R E A T P E C VICINITY MAP Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 P,¢presented by Pt~OPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 May 26, 2008 THE SITE OF THE PROPOSED PROJECT IS SHADED TAX MAP Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 May 26, 2008 Map of 3270 Peconic Bay Blvd, Laurel, NY 11948-1810 - Live Search Maps LFor the best possible print results, click the pdnter icon on the Live Search Maps page. 3270 Peconic Bay Blvd, l Location result for 3270 Peconic 1810 Search Maps Web Bay Blvd, Laurel, 1 NY t t 948- Share Print Arrow indicates Stork property ~10~'~'iCE LOCATION: Town Hall Annex Main Rd. & Youn~ Ave.) Southold, NY M~HING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 6~1 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Date: Re: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeal~ Mark Ten% Principal Planner LWRP Coordinator August 19, 2008 Coastal Consistency Review for ZBA~6187 AUG 2 0 2.008 BOAaD 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. Policy 6: Protect and restore the quality and functio~ of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. NOTE tlaere 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 adiacent 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 ~et back not les{ 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 i:u~ther 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: I. Require a non-turfbnffer landward of the northern bulkhead to further protect the integrity of Peconie Bay. 2. Require the installation of gutters, leaders and drywells within the side yards or landward of the structure. Pursuant to Chapter 268, the Southold Towa Zoning Board of Appeals shall consider this recommendation in pmpariug its written determination regarding the consistency of the proposed action. Ce: Kierma Corcoran, Assistant Town Attorney Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS i. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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 maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 128 6 8 The AppHcafion has ~n submi~ed to (check appropdate ~: To~Bo~d ~ PlanffingDept. ~ Bufld~gbepL ~ Bo~dofTrus ~ OF APPEALS_ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 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. Locationofaction: 3270 Peconic Bay Boulevard, Laurel Site acreage: 0. 504 acres Present land use: Single-family dwelling Present 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: Ryan Stork (b) Mailing address: 10 Godfrey Street, London SW3 3TA, England (c) Telaphone number: Area Code ( ) 011-44-207-349-9771 (d) Application number, if any: Not yet assigned 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? 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 IH -Policies; Page 2 for evaluation criteria. []Yes pot Applicable Replacement of an existing waterfront dwelling, yielding a minimal net gain in the area of the footprint is con- sistent with the character of the water~ont community, 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- hificant. 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 There is no evidence to indicate that the immediate area of the project includes historic features. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria [] Yes ~4~No [] Not Applicable The structure proposed will not be inappropriate in the proposed location. It is compatible with other existing waterfront structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctua- tions, seasonal vegetation changes, changing light) which might contribute to ephemeral visual qualities. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Po,~cies Pages 8 through 16 for evaluation criteria ~-~ Yes~w~ No ~ Not Applicable The likelihood of the proposed project contributing to increased hazards which could result in the losses listed is mi, imal. Natural protective features will not be adversely affected; there is an existing bulkhead. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages, ti6 through 21 for evaluation criteria ~ Yes~'~-~ No ~-~ Not Applicable The proposed project will utilize a new Health Department-approved on-site sewage disposal system. During construction a line of haybales or a silt fence will be in place to minimize the chance of silt entering the bay. There will be no disturbance of the bay bottom during construction. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes ~o [] Not Applicable There is no wetland vegetation on the site, and as has been mentioned the property is behind an existing bulk- head, and a retaining wall. Steps will be taken to insure that silt does not enter the bay during conslruction. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory require- ments, at all levels of government, will be strictly complied with. No dredging, excavating, or filling of the bay bottom is proposed. Attach additional sheets if necessary Policy 7. Protect and improve air qnality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~o [] Not Applicable The construction or use of the project as proposed will not result in significant amounts of new air pollution. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances ~l~ wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yesl~lwl No [] Not Applicable It is not expected that the project as proposed will, over time, result in the generation 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 through the use of approved containers and facilities, and approved methods of handling and storage will be followed. 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 III - PoliCies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No ~Not Applicable Attach additional sheets if necessary WORKING.COAST POLICIES Policy 10. Protect Southold's water-dependant uses and promote siting suitable Iocafious. See~i~LWRP Section HI - Policies; Pages 47 through 56 [] Yes ~ No~L.~ Not Applicable [or evaluation criteria. JUN Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonic Estuary and Town wa~rs. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No1---/~_1 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for eval~ttion criteria. ~'~ Yes [] NoI~'~_1 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - ~l~olieies; Pages 65 through 68 for evaluation criteria. ~ Yesk--/'l~l No [] Not Applicable The planning and construction of the project is, and will be, such that energy efficient 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 fxom the basement excavation will be removed to a site at which it will pose no environmental burden. Created on 5/25/05 11:20 AM PHOTO A: Looking NNW. The green-roofed structure is the building to be demolished and re- placed. The building to the right is on the adja- cent property. (6/4/08 at 1415 hrs) PHOTO B: Looking SSE. The building in the center is the one to be demolished. The acces- soD, building is on the left. (6/4/08 at 1420 hfs) PROJECT SITE PHOTOS Application regarding the property of Ryan Stork, SCTM # 1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631~734-5800 June 5. 2008 PHOTO C: Looking NNW, showing the area of the E property line as marked by the white fence visible behind the hedge on the fight. (6/4/08 at 1425 hfs) PHOTO D: Looking NNW at the accessory stmcmre. (6/4/08 at 1430 hrs) PROJECT SITE PHOTOS AppLication regarding the property of Ryan Stork, SCTM # 1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 June 5. 2008 A A N/F ROMANELLI RESIDENCE EL 18 '~22 -- oCONC COVER HOLE LOCATION JUN ~ %r,,~ :B.~,ARD OF APPEALS N/F AUSTIN RESIDENCE SERVICED BY SCWA ('PROP,) OUTDOOR SHOWER OF OTHERS "e O ,-.~. (PROP & EXIST) WALL OF ADJACENT RESIDENCE I (EXIST) 'PROPOSED (PROP) EXISTING END FENCE NOT TO SCALE PHOTO VIEW ANGLES Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 June 4, 2008 M. Bldg. Extension Extension Extension Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Bath Floors nterior Finish Meat .I ~ooms ls-t Floor Rooms 2nd FIoo,i ' COLOR M. Bldg. Extension Extension Extension Porch Breezeway Garage Patio Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dormer Driveway OWNER FORMER OWNER TOWN OF SOUTHOLD PROPERTY STREET ,.~ ~"~ 0 VILLAGE RECORD CARD / / ~IST. SUB. LOT ~ , , [ TY'PE'OF BUILDING ~% ~ AGE NEW FARM 1 Tillable 2 T~able 3 W~odland Swampland Brushland SEAS. IMP. NORMAL Acre GL. FARM COMM. CB. MISC. Mkt. Value TOTAL DATE REMARKS BUILDING CONDITION BELOW ABOVE Value Per Value Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH VT" ~ House Total BULKHEAD DOCK 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.notXhfork.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. 6187 - 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. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville June 10, 2008 Zoning Appeal No. 6187 Transmitted herewith is Zoning Appeals No. 6187 of Ryan & Jennifer Stork- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Proper- T Permit Services listing the following: Project Description, Authorization Letter from Ryan Stork to James E. Fitzgerald, Jr. to Represent them in this matter, Applicant Transactional Disclosure Form, Questionnaire, Notice of Disapproval Dated May ! 5, 2008, Short Environmental Assessment Form, Vicinity Map, Tax Map, Aerial Photograph of Property, LWRP consistency Assessment Form, Survey of Property Prepared by Stanley J. Isaksen, Jr. Dated April 29, 2008, 5 Pages of Drawings Showing Elevations & Floor Plans of Proposed Building, 1 Page (Both Sides) Copy of Property Card, 2 Pages of Site Photos of Property, Photo View of Existing & Proposed Buildings. rown of Southold P.O Box 1179 Southold, NY 11971 Date: 06/10/08 * * * RECEIPT * * * Receipt~: 21441 Transaction(s): 1 1 Application Fees Reference Subtotal 6187 $600.00 Check#:153 Total Paid: $600.00 Name: Stork, Ryan & Jennifer 3270 Peconic Bay Blvd, LAUREL NY Clerk ID: CAROLH Internal ID: 6187 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Check for Processing and New Application for Filing) DATE: 06/09/2008 ZBA NAME CHECK # AMOUNT TCII~IIINFi'F~"~P · STORK, RYAN & · 6187 JENNIFER 153 $600.00 JUN 1 (~ 2008 Sc uthOld Town Clerk :TOTAL " $600.00 By LK 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 P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 4, 2008: 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 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 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 (831) 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 (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 APP~0tLS BOARD MEMBERS Genuxt P. Ooehringer. Chai]~,aan RHth D. Olive James Dinizio, Jr. Michael A. Simon Leslie Kanes W¢isman http://southoldLown.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · leax (631) 765,9064 Southold Town Hall 53095 Main Road * P.O. Boa 1179 $outhold, NY 11971-0959 .Offic~ Location: Town Ann,x/First Floor, Ninth Fork Bank 54375 Ivlain Road (at Youngs Avcxtue) Southold, NY I i971 LEGAL. NOTICE SOUTHOLD TOWN ZONINQ BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursualtt to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SoUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New yin4( t 1971-0959, on THURSDAY. AUGUST_21.2008: 9:SO A.M. RYAN and JENNIFER STORK # 6t87. Request for Variances under 8esttons ?.~i0-116 and 280-t24, based on the Building Inspector's May 15, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolishing the existing building). The new dwelling i~ proposed at less than 15 feet on a single side yard, less than 35 fes~ on total side yaKl~ end less than 75 feet from the existing bulkhead adjaceat to Great Peconlc Bi~y. Location of Property: 3270 Peconte Bay BouleVard, I.~urel; CTM 1000-128-6-8. The Bo=rd Of Appeals will hear all persons, or thetr representatives, desiring to be heard et ea~,h hearing, and/or desiring to submit written statements before the con~uslon of each heating. Each hearing will not start earlier than designated above. Files am available for review during regular business hours and pr/or to the day of the hearing, if you have questions, pleaes do not habitats to contact our office at (631) 765-1609, or by emall; Linda.Kewalski¢~Town.Southold.ny.us. Dated: July 28, 2008. ZONING BOARD OF APPEAl.8 QERARJ) P. OOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Meirt Read (Office Location) 53096 MeJn Road (aslllng/UaPS) P.O. Box 11~9 Southold, NY 119714)539 DEPARTMENT OF PLANNING INTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE June 24, 2008 THOMAS ISLES, 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 Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Maritime Day School 6170 Carley 6171 Higgins 6172 Shipman/Shamrock Tree 6173 Despagni 6174 Zito 6175 Perkins 6177 Bodarchuk 6178 Stein Family Trust 6179 Pine Neck Holding 6180 Gallagher 6181 Lutkowski 6185 2000 Broadwaters LLC 6186 Stork 6187 Manfredi 6188 AvdouIous 6189 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H, I. EE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 APPEALS BOARD MEMBER:S® Gerard E Goehringer. Chairman Ruth D. Otiva James Dinizio, Jr. 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 11,2008 Mr. Thomaslsles, Director Suffolk County DepartmentofPlanning 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 #6187 Action Requested: Within 500 feet of: Owner/Applicant: STORK Setbacks and Bulkhead ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS Gerard 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 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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. Goehfinger Chairman 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: ~.~//~' AL NO. OF PAGES INCLUDING COVER: 7 t SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) k=~=RENCE:: [] URGENT ~FOR YOUR UPDATll [] PLEASE COMMENT []AS REQUESTED [] .......... NOTES/COMMENTS: Please find attached copy/copies of the following: -- o,o - d Sende~slnifia~:~ t~IzoNING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http ://southtown.northfork.net July ),~', 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 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 Au.qust 4th 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_JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than Aug 8th: 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 August 13st: 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 your Affidavit of Posting prior to August 20, 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. #6187 MAP # 128-6-8 VARIANCE SETBACKS & BULKHEAD REQUEST New Dwelling DATE: THURS, AUG. 21, 2008, 9:50 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #8997 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 11th day of September1 2008. day ofx ' ~ncipal Clerk Sworn to before me this I,.( 2008 ~ ~ # ~,1~87. Request for of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING 'BOARD OF AP- ~ PEALS at the Town ltall, 53095 Main Road~ P.O. Box 1179, Southold, New ' York 11971.0959, on THURSDAY. SEP 9:30 A.M. EDWARD BOND- ARcIWUK #6178. Request for a Vari- ance under Section 280-116B~ based on- the Building Inspector's December 10~ 2007 Notice of Disapproval concerning an as-buih hot tub and deck in a loca- tion at less than 75 feet from the exist- lng bulkhead, a! 650 Blue Marlin Drive, Southold; CTM 1000-57-1-28. 9:45 A.M. PAUL SILANSKY #6203. Request for a Variance under Section 280-19~, based on the Building Inspec- tor's July 21, 2008 Notice of Disapproval concermng a proposed dwelling on a nonconforming 14,000 square foot par- cci, with a 10t coverage exceeding the code limitation of 20% 'for all building area, at 770 Pinewood Road, Cutchogue; CTM 1000-110.5.24. 10:00 A.M. ARTCO and COAST- ~I~lNE CESSPOOL & DRAIN SER- ~E #6200~ Request for VarianCes un- der Sectign 280.64A add 280~54C, based on the Building Inspector's May 15; 2008 Nohee of Disapproval concerning a pro- po~d new building for use as a ~esspo01 and. drainage company. The reasons for disapproving the building permit appli- cation are (1) the proposed Construction is less than the code-required minimum of 1O0 feet from the right-of-way of each Corporate Road and c0mn~m-ce Drive, and (2) the proposed building will have a' building linear frongag¢ grearer than the of Property: 3270 Peconic Bay Boule. yard, Laurel; CTM 128-6-8. 1:45 EM. Carryover: PINE NEcK HOLDINGS #618'0. Variance for deck addition to the dwelling at less than 75 feet from the bulkhead, at 1475 Pine Neck Road, Soarhold; CTM 70:5-40. 2:00 EM. HENRY TRAENDLY and BARBARA A. CADWALLADER g6154. South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. - A) ZBA #6207 'l]tiS is a request for Waiver of Lot Merger under Article Il, Section 100-26, based on the Building Department's July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 11, in Districi 1000, Section 31} Block 14, are merged pursuant to Section 280-10, which states: "Merger, A nonconforming lot shall merge with an adjacent conforming or ~onconformthg lot which has been held m common Ownership with the first lot at any time after July 1, 1983. An ad~ jacent lot is one which abuts with the parcel for a common course Of fifty (50) feet or more in distance. Nonconforming lots shall merge untd the total lot size conforms to the current bulk schedule requirements.? B) ZBA ~6154. (Carried from July 24, 2008) ~ This ig ~ request for Variances 'under Section 280q?~, based on' the Building inspector's January 30, 2008 Notice of Disapproval. amended July 25, 2008 concerning a proposed single-fami- ly dwelling (after demolition of an exist- ing bl~i!ding) with a~proposed single side yard at less than the code required mini~ code maximum of 60 linea3 feet along mum Of 10 feet, less than the required one strear~ Location of Property: 525 combined side yards of 2Yfeet; and less Conmae~ DriVe, Cutchogue (North than g5 feet from the front yard lot line, Fork lminstfial Park Lot 9); CTM 1000- at 13000 Main Road, EaSt Marion; CTM 96-1-L6; Zone Distxict: Light Industrial 31-~4-11. Lo~ ~?,3~,qua~ fe*t. 2:30 ?.U.$EN~R JACORS ~D VIL: A.M. ROBERI SOMMER- CLA~I'ON GATES ~6206. Request for LE #6204. Request for a Variance Variances Under section 2~87,-124 based ~er Section 280-15~"based on the: oh ;the-Building InSPector s Jul 24 Building:InSpector's June 10, 2008 No- 2008 Notice of Disapproval cerimceYrning rice 0~ Disapproval concemin~ a pro- a proposed second-story addition and posecl acceSSorJ garage with a siz~ that alterations to the existing dwelling, with will~ ~xeeed the~ e°he' maximum of 660 a sethack of less then the code-required Squfir¢ feet on;t~his 14fl00 s.quare foot lot, minimum 0[ 10 feet on a single side and a~'5~ !t[ ..m~m~ Avemle, ~0kl; CTM less than ~ minimum Of 35 feet deem the ReqUest lot ¥arianees uad~ seCtion Size: 12;760 square feet (nonconf0rm- ~80-12~dbt~ed:~th~ij$~g insPec2 thg) th R-40 Low-Density Residential ~ai'k requesting a ~ari Variance oh th tot's collceFnu than the feet ~aringi 30d~or he~iIate to contact Our 0ffice~at (63i) ~85-~ 6~ by'email: ~inda K0wa ~ki@ D~it~il! S~bt~rnber 5~ 2008 :~: ZON~G:BOA~ OF~PEALS GE~ E GOEHRINGER, CHAIRM~N ~ 6 , : BY LiNDA KOWALSK~ setback ahd 5~375Main ~6~d (Off ce Locatioh) 53095 Mfi~ R6ad (Ma~SPg) ~O. Box 1179 ~ Soa~old, ~ 1i9~1-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of RYAN and JENNIFER STORK Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-128-6-8 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 12th day of August, 2008, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, August 21, 2008. Dated: August 21, 2008 st Sworn to before me this 21 day of i~Lst, 2008. ~.. BONNI£J. Notary Public Notary Public, State Of N0.01D06095328, Suffolk, County Term Expires Jullf 7, 20 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of RYAN and JENNIFER STORK Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-128-6-8 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 31st day of July, 2008, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, 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. Three USPS Certified Mail Receipts are attached herewith. Dated: July 31, 2008 Sworn to before me this 31st day of July, 2008. BONNIEJ. OOROSKI Notary Public Not,a~j Public, State Of NewYod[ No. 01D06095328, Suffolk, ~unty Term Expires July L 20 ~,~ carll kustin ~0 Box 1 Laurel ~Y 119 postage 1~ ~os~a~ 07!31/2098 a Court ................ ' · Complete items.l, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: [] Addressee Is delivery address different ffo~ [] Yes If YES, enter delivery address below: [] No Half Hollow Mursery Realty Group 624 Deer Park Ave Dix Hills NY 11746 ~ Ce~med Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. Restst~ted Delivery? ,(Ex~a Fee) [] yes 2. A~icle Number (~-~er from sense e~) 7005 3110 0000 2766 2756 · Complete items 1,2, and 3. Also complete item 4 if Restflct~§d Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: Ludlvoica Romanelli I Azalea Court Farmingdale NY 11735 3. Service Type ~Cert;fled Mall [] Exp~ees Mail [] Registered [] Retum Receipt for Merchandise [] insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Nticle Number (Trmsfer from se~v~e/abe/) 7005 3110 0000 2766 2767 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · PHnt your name and address on the reveme so that we can r~urn the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. Ludivoica Romanelli i Azalea Court Farmingdale NY 11735 [] Agent / address different from item 1 ? If YES, enter delivery address below: [] No 3. Service Type '~ Ca,tiffed Mai[ [] ~ Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex~a Fea) r-I Yes 2. A~tlcle Number (Tmnsfer f~om service label) 7005 3110 0000 2766 2770 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. x Print your narfle and address on the mveme so that; we can return the card to you. · Attach.~this card to the back of the mailpiece, or on .jtltl~e front if space permits. A~tlai dressed to: C 1 Austin p0WBox 1 La~el NY 11948 [] Agent ~ Addressee Is delivery ifferent from item 1 ? If YES, enter delivery address below= [] No 3. Service Type ~ Ca,tiffed Mail [] Express Mail [] Registered n Re~um Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7005 3110 0000 2766 2763 2. Article Number ~'r,~.~, from ~v,,l~e label) PS Form 3811, February 2004 Domestic Retum Receipt tO2595-02-M-~540 i TO: Date: J~30, 2008 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) ZONiNG BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: 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; 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. 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 A public hearing will be held at Town Hall at or about 9:50AM on Thursday, August 21, 2008, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Pmper-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 10 Godfi'ey Street London SW3 3TA England 011-44-207-349-9771 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. July 30, 2008 RYAN STORK: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-128-6-8 Ryan and Jennifer Stork 10 Godfzey Street London SW3 3TA England 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 Farmlngdale, New York 11735 1000-127-3-12 Half Hollow Nursery Realty Group 624 Deer Park Avenue Dix Hills, New York 11746 o~ffice Location_: Town Annex/Fkst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address 53095 Main Road P.O, Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] UR(;IENT F~C)~{ i()U}~ Ill'DATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please fred attached copy/copies of fl~e followixhg: Thank you. Sender's Initials: '/"~"~'~ #8950 'f~ STATE OF NEW YORK) ) SS: COUN,TY 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 a;t 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 7t.~.h day of Auqust, 2008. Sworn to before me this Principal Clerk dayof ~?'~--'~/~ 2008 NOTARY PUBLIC*STATE OF NEW YORK. NO. 01-VO6105050 Qualified In Suffolk County My Commission1 Expires February 28, 2012 ~2008 -conformance with regard to the r~rd setback at less than the code- required 35 feet, at 340 Colonial Road. Southold; CTM 794~~29. 10:25 a.m. THOMAS ZOITAS #6191. 280-15. based on me Building Inspec- 48 (property adjacent to Long Island Sound), Greenport; CTM 40-1-7. [0:55 a.m. JOANN WALKER #6193. Request for a Variance under Secuon 280-15, based on the Building Insp&ctbr's Sune 13,2008 Notice of Disapproval con- code-required rear yard (or front yard) at 290 Town Harbor Terrace, Sou~h61& or restore the datql~[1 portion of any building damaged~[lestroyed tis set forth in Subsection ]~'{11 ab6~,e shall bl filed within one year of the date of such acreage and shall be accompgnied, by plans for reconstruction which.as to such portion, shall comply w~th the reqmre. ments set forth above, if such permit ts issued, tt shag lapse one year thereaftex unless reconstruction m accordance with the approved plans has been initiated: 3) Alternatively, Variances based or: the Building Inspector's November 8. 2007, Notice of D~sapproval raider Sec- uon 280-121A and Section 100-3IA. denied for the ~reasons that the acces- sory cottage use is nonconforming, and constitutes a second dwelling unit, and as such may not be enlarge),~altared. extende6, ree6nstrueted~or ~tored or placed on a different portion?off he lot... C'TM 66-I-33 {adjacent to Little Pecomc use be increased by any means whatao- equest bra ~anance ~0-15; bfi~ed ha. the Bfi~d]ng Insp6c- exceeding 20 the properly line, at 220 Southold; CTM 70-1-6.6· 1:05 6t95; Request for a ~ under Secnon 280-13B to Accessory Apartment m tMs Location Drive, Lot g19~ DUST 2L 2008L pool and shed construction at: CH less ~ than f00 feet from the top of the bluff adjacent to the L.L Sound; 0-)ieds than 9:30 ann. 2000 BROADWATERS 10, 2008 b the code-reqiilreit minimum 15 fi, side derLLCsection ''~ 6186280_12oRequeStbasedfOr aonVariancethe Buildun' DisapproYal concerning a proposed yard (n&w dwelli~{g); (3) 'side lng ~inSPector,s May 12. 2008, Notice of amendment to plan for a new dwel/thg lion and setback atless than~40 feetffom Disapproval concernin a pro used ew at,less than the code-reqmred 100 foot the front yard lot L~n~e (swinmfin~ pool dwel/ing with ~ s~tha¢~:a¢ le~lta~he ,minimum from the top of the bluff or and shed!;find (4)dot coverage n~excess code:required 35 feet from ~e front bank of the Long Island Sound, a 54985 of the c~l~ lhhita~i6h 6f 20% (~lI'con. 1o~ line~(~fter demolishin~ the ~xist~- North Road Greenport CTM 44 1-5 ~' ¢' ~' ~ ~ 2: · shalc~ion). Location: 54005 Notth:.'Road, ~..i~g),~at 2000 Bro.astwatets?.l~id '00p.m,?.IA'~OLITESandKEViN ~S°~th'~,!d;CTM52-i;lOand:i¢Otnbined Cmv..~og~ae; CTM,1.9:¢_9.~ ,. FERRO #6129 as Amended. Loch on as one). . , · ~0a.m~ RON~oD~B~.~!! of Proper/y: 300 Jackson Street New '!z~AG~,i~~ ,~u~olk;~ lfT,~-0-2,.TheApp~icants 2:45p.m. MICHAELANASAGASTi & OTHERS #6190~Request for Varianc- fol'tr~ce~lmderS~c~,l~a~id :p~r~e ~.?enoyatinns/altS~.~li01~s fi~t- &s under ~tibns:.2~10-15affdJ280q24, r s.~O, g008~,~g~O~ati~?o~l t. ccessory cottage braiding and n this 6, 2008 N6tice of D~sapprhval concern. con~ ~pr~ '~ a .... L~'! ¢' appeal (as'amended re attarataOns.to an'e ' ' . low~n ~g a~ 'as-imdt'-deck addit On to the x~s~angflenconformmg ·, g ~vel/mg, which construction s less than accessory co!tagn. The masons stated i~ ~/Reversalofthe Building Inspector s 50 feet ~rom thd rear lot line and which the Buil~ting l~specto~'s Notice of Dis November 8,200'LNoticc old sapproval has caused the existing accesso~ build- approval a~e' The im id ~ sba nd ~-2 ~vhich. states that the aceesso COlt enlarged, alte.red, extetided, i:econstruct_ use is noneonf0rmmg and Constitutes requiredrefirya~d, at 345 Private Road ed o~ rest, oryd ~r replaced oF a different ;j%o75dw~lhng- u~lt? citing Section portion oI the lot or parceIof land occu- ~o~la which proves on states: Such Southold; CTM 78-9-40. pied by such use nor shall any external onforming use of buildings ... tuffy 3:00 p.m. Reserved for Carcyover: PINE NECK HOLDINGS '#6180. Van- be continued indefinitely, except that such building or use IA) sba0 n6t be eh- means whatsoever, and f2/ One-family larg6d, altered, extended, reconstructed 1475 Pine Neck Road, Southold; CTM evidence of such u~ be thc~eased by any detached dwellings, not to exceed one dwelling on each or. Locauon of Prop- erty: 2950 Vanston Road, Cutchogue; 9:50 a.m. RYAIq and JENNIFER ~ 6/37,-~Requ~at for Variances basext on fhe Bailding hsoeL~ts eeming a ~ropo~ed hew d~'~I~hg (after demolishing the existing buildingl. The new :lWelimg Is proposed at less than 15 feet on a smgm s~de~yard, less than 35 fee on total slate yards, and less than 75 feet from the ex, sting bulkhead adja- cent to Oreat laeconic B'ay. Location of e6188. Request for a Variar~ce under Secfion'280-12~ and' 280-124 (ZBA In- terpretation #5039)/based On t~ Build- ing Inspector's June !0, 2008 amended Notice of Disapprova concerrdng~pro_ eiist~g dw~It~f'~ ¢/Eich: ne~ ~tru gree (ff'm)r}eo~fotmii~'~ing~ ~ide yal-d total s/de ~asds, a~: 240.Sa~ .Path~md CIA 5196 or restorec orplaced on a different por- non ol the lot or parcel ofinnd occupied by such use 'on the effective date of this chapter, nor shall any externaI emdence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100.31A. which provlsmn states:"In A-C, RS0 Districts, no building or premises shall be used and no build- mg or part ora building shall be erected or altered which ts arranged, intended or designed to be used. in whole or in part, for any uses except the following: A. Permitted uses· One-famdy detached dwellings, not to exceea one dwelling on each lot": 2) Interpretation to deal with th~s pre- exxstmg res~denilal use in a residential zone, applying, Code Section 280-] and/or 280q22, Nonconlormlng Build- rags with Conforming Uses, which stares A. Nothing m this~a~ticle shag be deemed to prevent the remodeling, reconstruc- uon or enlargement of a nonconform- ing building containing a conforming use. provided that such action does not crease/he degree oJ' noncor/formanc~ with regard tc ance for deck addition o the dwelling_ai less than 75'feet from he btilkhead, at The Board of Appeals wdl hear al/ persons, or their representatives, desir- ing to~beheard at each hearing, and/or desiring to submil 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. Ii you have questtons please do not hesitate to contact our office at (631 765-i809. or by e-maih Linda. Kowalski@Town Southola.ny. us. Da ted: August 4.2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road Office.Locauon, 53095 Main Road (Mailing/L/SpS EO. Box 1179 Southold, Ny 11971-0959 8950-1T 8/7 lisa addition on an erasting ~ new cOBSlrueu0n creates a new_ non- for a build EX I ~T. ..~,U N I~..(::X:~M I=Xl FIRST FLOOR PLAN OECOND FLOOR PLAN tI RIGHT ELEVATION FRONT ELEVATION REAP. ELEVATION LEFT ELEVATION Titlc KEVISIONS: Drawn By: Date: Drawing No.: 1 OF SHEETS r 4II I C. AIR ir. I1~--II*j 415 FIRST FLOOR PLAN B I[I~ROOIT"I SECOND FLOOR PLAN r.~ll Title REVISIONS: [ IDrawnB~Yr~m / ~ ~ o~ ~m FRONT ELEVATION RIGFIT ELEVATION --- -~ --r I- ~ -~ REAR ELEVATION iEFT ELEVATION LINE