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Home My WebLink About6283 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) '/65-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION REGULAR MEETING HELD JULY 30, 2009 ZBA FILE # 6283 - I. EREY. and A. BENGOLEA, APPLICANTS PROPERTY LOCATION: 680 South Lane, East Madon CTM 1000-38-6-7 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 19, 2009 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 subject property is an 11,930 square foot lot measuring 70.00 feet on South Lane to the north, 184.54 feet on the eastern boundary, 71.84 feet on Odent Harbor to the south, and 200.68 feet on the western boundary. The house is improved with a single-family house and a shed as shown on a September 18, 200 survey, revised by Nathan Taft Corwin, L.S. on December 2, 2008 to show Coastal Erosion Hazard line. BASIS OF APPLICATION: Requests for Variances under Sections 280-116(B) and 280-124, based on an application for a building permit for additions and alterations less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Harbor, less than 10 feet on a single side yard, and less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion. LWRP DETERMINATION: A Letter dated June 19, 2009 confirming consistency with LWRP policy standards was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, at which time wdtten and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants proposes to create a second-floor open deck over an Page 2 - Jul,/30, 2009 ZBA # 6283 - I. EREY. and A. BENGOLEA, Applicants CTM 1000-88-6-7 at 680 South Lane, East Marion existing sun pomh, with an outside staimase extending 5.4 feet into side yard, to construct a first floor entry addition on the landward side, and to expand the second floor within the footprint of the existing nonconforming structure. The applicant also seeks a variance to allow landward extension of the house, continuing the 14.6 foot side setback, including the addition of a Bilco door further reducing the setback to 8.1 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law ,~267-b(3)(b)(3)(1). Grant of the variance with respect to the alterations on the south side will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Those proposed additions will be within the existing footprint. Expert testimony has been presented that the existing first floor can support a second floor extension. Nothing will be knocked down, and external walls on the non-conforming side of the house will remain intact. Grant of the variance with respect to the side setback to 8.1 feet will significantly reduce the passage on the west side of the house. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant on bulkhead side cannot be achieved by any feasible method other than an area variance. The benefit of a basement entrance can be achieved by locating the Bilco door on the north, landward side of the house. 3. Town Law §267-b(3){b)(3). The vadance granted for the southern, landward side of the house is not substantial. Renovations to the house will not cause any further encroachment upon the existing setback. Extension of a 14.6 foot reduced setback is not substantial, amounting to less than a 3 per cent variance. Reduction of the side setback from 14.6 to 8.1 feet to allow for a Bilco door is substantial, amounting to a 45 per cent decrease. 4. Town Law {267-b(3)(b)(5) The difficulty with respect to a need for renovation closer to the bulkhead than the code- required was created when the house was originally constructed. Nothing in the proposed construction will aggravate that situation. 5. Town Law §267-b(3)(b)(4). Apart from the proposed construction of a Bilco door on the west side of the house, which would reduce the side setback on that side of the building, no evidence has been presented to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Locating that door on the landward side of the house will eliminate that difficulty. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a increased living space and a second-floor extension over new deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Weisman, and duly carded, to DENY the side vadance as applied for (concerning the Bi/co door at the side) and, in the ALTERNATIVE to: GRANT the side yard extension with the CONDITION that the Bilco door be located on the north, landward side of the housel and further, to Page 3 - July 30, 2009 ZBA # 6283 - I. EREY, and A. BENGOLEA, Applicants CTM '1000-38-6-7 at 680 South Lane, East Marion GRANT the vadance as applied for with respect to the construction of a new deck and extension of the second floor, and extension of the second floor over the new deck (shown on the December 8, 2008 dia,qram # A-1 and the October 20, 2008 diaqram # A-5, prepared by Mark K SchwarYz, A.I.A.), and to That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the.right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. dVuOlt; aCdf ~hptee~ ~ :). Ayes: Members Goehdnge~man/Ge~,l~." "' "'"-'~ -"~"Goehdnger, ~ 'Chairman~9Chnei er. ,~proved for Filing / This Resolution was RECEIVED AUG 6 2009 Southold Town Cled BOARD OF APPEALS Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 August 5, 2009 By Re,qular Mail and Fax to 734-2110 Mr. Mark Schwartz; A.I.A. P. O. Box 933 Cutchogue, NY 11935 Re: ZBA File # 6283- Application by Angelica Bengolea and I, Erey Dear Mr. Schwartz'i Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's July 30, 2009 Meeting. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. Thank yoq: Encl. Very truly yours, Linda Kowalski .,. ..... ~AP LEGEND ~ ~' e~~;ORY~~ FLOOR DECK OVER ~ r AR~ CALCULATIONS ] x x ~NG 1 STORY STORMWATER MANAGEMENT REOUIREMENTS ,,.~;~,~ ~ ~ANPA~ AND SPring. ON ~R ~W ~LE DIKE ~ANDARD AND SPECie. ON FOR SILT FENCE ~008 REVISIONS , .......... .................... ,, .... ,, ........ , , ,,,,, ,,, ,,, ,,: , I I [ I I I I I I I I I I I I I . II I IIII ~ ~l ~~: ~IL ~ Vnet% - nff~W~- ~h 'd/" .,,,., .,_,,,,,, ,,, ~, -: .... I ~ ~11~ III III ::: II III ' :' ~ ~ ~1i ~ ',,",',," ~,"- ~ ~ ~ ~1~ ~ :L , ~ ,,,,, ,,,, ,,,, ' I .... L ~:~::~:,~:~ ,,,,,,~ ~ ~ ~, ,,, ,,, ,,, ,,,, ,,,, ,,, ,,, ,,, ,,,,,,,,,,,,,,,,, ,,,,, :~%:~ ~ ,~, ~ 1~1. 1~1~ :INAL MAP REVIEWED BY ZBA -- DATED~ I~ '~ $ITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-58~07 SCALE 1 "=~0' ~(,~_~/' SEPTEMBER la, 2008 DECEMBER 2. 2008 ADDED COASTAL EROSION HAZARO MNE AREA = 13,483 sq. fl. fro 'n(ut~) 0.310 ac. ANGEUCA BENGOLEA 1, ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:aa EXISTING CONTOUR LINES ARE SHOWN THUS: .... 5 .... 2, FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No, 56105COI77 G ~ONE AE: BASE FLOOD E]..EVATIONS DETERMINED ZONE X: AREAS OETERMINED TO BE OUTSIDE 500-Y-r, AR FLOODPLAIN. / / / Nathan Taft Car, Land Surveyor ~ --x \\ \\ \\ ~\ tEA CALCULATIONS CTM~ 1000-38-06~7 \ \ \ \ \ \ 2 STORY E HOUSE w/ PROPOSED 2ND STORY -- EX~STIN( MAP LE EX[S'rZNG 1 STORY \ \ SITE PLAN NONTURF BUFFER AS DEFINED BY SOUTHOLD TOWN TRUSTEES: ANY PERVIOUS MATERIAL ALLOWING FOR PERCOLATION OF SURFACE RUNOFF INTO THE SOIL. EXAMPLES INCLUDE: NATURAL VEGETATION, WOOD CHIPS, MULCH, GRAVEL, AND SAND. FERTILIZERS MAY NOT BE USED WITHIN THE NONTURF BUFFER AREA. PERMISSIBLE VEGETATION TO BE PLANTED IN NONTURF BUFFER AREA: PERENNIALS: BLACK GRASS (JUNCUS GERARDI) · 8PIKEORAfl8 (DISTICHUS 8PICATA) SHRUBS: MARSH ELDER OVA FRUTENSCENS) EEACH RO~ (m~ RUOO~N SITE PREPARATION: 1). EXCAVATION MUir NOT BEGIN UNTIL THE CABLES AND PIPES HAVE BEEN MARKED ( COMPANIES THAT AREA IS CLEAR 2). CONTRACTOR AND EXCAVATOR SHALL IEII LmLITIES BEFORE EXCAVATION SEGINS, A~ UTILITY MUST BE DONE BY HAND. 3). CLEAR THE SITE AT LEA~T 20 - 25 FEET A). CUT UP TREES (VERIFY Wl~ OWNER) S). CHIP BRUSH. C}. REMOVE BTUMP~ AND HAUL THEM AW TO: FORM NO. 3 NOTICE OF DISAPPROVAL Iskender Erey Angelica Bengolea C/O Mark Schwartz, Arch. P.O. Box 933 Cutchogue, NY 11935 DATE: February 17, 2009 Please take notice that your application dated February 11, 2009, For permit for proposed additions/alterations at: Location of property: 680 South Lane East Marion, NY County Tax Map No. 1000 - Section 38 Block 6 Lot 7 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The plans show a proposed setback of 16 +/- feet from the bulkhead. Pursuant to Article XXIII Section 280-124, non-conforming lots measuring less than 20,000 square feet, shall have a minimum side yard of 10 feet and a total of 25 feet. This non-conforming single family dwelling in the R-40 district with 11,930 square feet, shows a minimum side yard of 5.4 feet and a total of 19.10 feet. Authorized Signature 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 SOUT~IOLD, NY 1,1971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20__ Approved ,20 Disapproved a/c Expiration ,20 PERMIT NO. BUILDING PF~IT APPLICATION CHECKLIST Do yoa~ or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Phone: 73~--~/~>~ BLDG. D£PI. TOWN OF $OUTHOLO Building Inspector ICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 a. ~rtfis application MU5 t De compl{ ely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commehced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not l?een completed within 18 months from such date. If no zoning~mendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in wrihng~, 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 isst~anc~ of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and reguCtt~on~and to admit authorized inspectors on premises and in building for necessary inspections. '- ~ (Mailing address of applicant) State whether applicant is owner, lessee, ~engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~lO(~g[.tt-_A [~AJaOba,4 ~/ (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. Loca~o~and on which_propo~sed, work will be~done: House Number Street Hamlet County Tax Map No. 1000 Section g ~ Block O~ Subdivision Filed Map No. O? Lot State existing use and occupancy ofpre~ses and intend~ed use and occupancy of proposed C°nstmction: a. Exisfinguseandoccupancy ~,'~f~,(..~_. ff~/.~/¢/ b. Intended use and occupancy Fee 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost If dw~mng, number of dwelling ~its If garage, number 0[ cars Addition ~/~ Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusiness,'comm~cial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with a terations or additions: Front Depth 8. ~imensions oI entire Height - , Height t ne~ ~ns~cti~: Front Number of Stodes Numb'et, Of~'Stories Rear 9. Size of lot: Front Rear Depth Dq~th Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~/NO __ 13. Will lot be re-graded? YES No'Will excess fill be removed from premises? YES 14. Names of Owner of premises ~ t~;~q Address Phone No. Name of Architect .f'C ta~/~/~ ~ Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES._~NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMI,T~.MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_f~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on prol{erty is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO ~/ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) rmo s s, COUNTY CONNIE D. BUNCH Notary Public, State of New York · , No. 01BU6185050 .... Ousflified "1~d°lk0°0n~-'resAr,fill4 ZO" Commission Exp* es AP , being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the /~C~/aT~ ~O~mo]-~~ ( ontractor/Agent; O'orporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in thc manner set forth in the application filed therewith. Sworn to before me this ] ~ ~ day of ~7_,_~ ~t'oq~.4 200__~ Notaxy Public Iskender Erey and Angelica Bengolea 415 Central Park West Apt 2E New York, New York 10025 917-754-2543 New York, February 27, 2009 To Whom It May Concern: We, ]:skender Erey and Angelica Bengolea, authorize Mark Schwartz, A~[A - Architect, to act as agent for all permit applications to the Southold Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and the Southold Building Department and any other authority from whom authorizations may be required. The proposed residential additions/alterations construction project is located at 680 South Lane, East Marion, New York (SCTt4# :~000-38-06- O7). Sincerely, Iskender Erey Angelica Bengolea date: February 27, 2009 APPLIC TO TaE SOUTnOLD TOWN Office Notes: For Office Use Only House No. 680 Street South Lane Hamlet East Marion SCTM1000 Section 38 Block06 Lot(s).07 LotSize 13,483 sf Zone R4C I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 02/17/09 BASED ON MAP DATED 02/11/09 Applicant(s)/Owner(s): Mr. Iskender Erey & Ms. Angelica Ben~olea MailingAddress: 415 Central Park West Apt 2E NY, NY 10025 Telephone: 477-4023 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's anorney, agent, architect, builder, contract vendee, et~ and name of person who agent Name of Representative: Mark Schwart;z, Architect; for (X) Owner, or ( ) Other: Agent's Address: PO Box 933 Cutchogue 11935 Telephone 734-4185 Fax#: 734-2110 Emaih mksarchit ect@optonline, net 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 12 / 0 8 / 0 8 AN APPLICATION DATED 0 2 / 11 / 0 9 FOR: I~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXXII Section 280- 116 B Subsection kXIII Section 280-124 Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [~ A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~ has, · has not been made at any time with respect to this oronertv. UNDER Appeal No. ~/] ~ Year (~ !. (Please be sure to research before completing this question or call our office for assis,a, ceO Ig' r Name of Owner: Angelic~Bengolea & Iskender Erey Zl~i~eg- . REASONS FOR APPEAL (additional sheets maF be used with preparer's sienature):~ AREA VARIANCE REASONS: i !I ' ~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a de~gaenttonearbypropertiesifgranted, b~cau~e:The_gran.ting 9fL,the r.e_q~est~e_d_=re~l_i_e_f..sA the size and scale of th~s house is consistent with neighboring houses. The existing house is a two story structure and the proposed project will expand the second floor but will remain in the same footprint. The first floor will have an addition on the street side only. (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: relief from Section 2 8 0-116B would be required for any expansion whatsoever of th existing dwelling because the entire preexisting dwelling is located less than 75 feet from the bulkhead. (3) The amount ofreliefrequestedis not substantial because: The second floor additions are within the existing footprint a,n_d will not encroach further upon the preexisting setback of 40''~n h'~ ~L~p! I&, t .~ b~[Jg~.~. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the ~roject will implement a drainage system of drywells to capture and recharge roof runoff from the entire renovated dwelling and the project will create a non-turf buffer. Consequently, the project will result in a net reduction of flow rate and volume of runoff, fertilizers and other chemicals into Orient Harbor (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (t, lease furnish cowl This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be su~~~ Signatu~q~ of Appellant or Authorized Agent (Agent must~.~rltten Authorization from Owner) Sworn to befoce me this day of ~ , 200 ~ Notary Public CONNIE D. BUNCH Notmy Public.State of New No. 01BU6185050 Qualified in Suffolk County ~:omml$$ion i:xpires April 14, 20 APPLICANT'S PROJECT DESCRIPTION t! · (Vo Z A Z, Applicant: Iskender Erey&Angelica Ben~olea Date Prepared: 01- 05- 09 I. ForDemolifionofEx~tingBuildingArea$ Pleased~cfibeare~ being mmov~: remove Sun Porch roof and construct new deck, construct first floor Entry addition with porch and expand the 2nd F1 (within the existinq footprint) as shown on plans II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsofflrstfloorextension: 7' x 9' Entry with 5' x 9' porch Dimensions of new second floor: 454 sf (see plan~) Dimensions of floor above second level: none Height (from finished ground to top of ridge): 29' ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no III. Proposed Construction Description (Alterations o~' Structural Chauge~) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: two story residence with 1507 sf first floor and 710 sf on second floor Number of Floors and Changes WITH Alterations: two story residence with 1570 sf first floor. 1164 sf second floor and new second floor deck IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1758 s f ( 14.7 % ) Proposedincreaseofbuildingcovaragc: 62 sf (.52%) Square footage ofyour lot: 13,483 - 1553 sf (wetlands) = 11930 sf Percentageofcovcmgeofyourlotbybuildingarea: 1820 sf (15.3%) V. Purpo~ofNewCons~uction: To expand the first floor for a new Entry_ with closet and expand the second floor for two an enlarged Master Bedroom and an additional Bedroom. 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 site with steep slope on the south side with full bulkhead Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 EREY AND BENGOLEA PROPERTY QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~ No Are them any proposals to change or alter land contours? [~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? YES 2) Are these areas shown on the map submitted with this application? YE S 3) Is the property bulkheaded between the wetlands area and the upland building area? YES 4) Ifyoar property contains wetlands or pond areas, have you contacted the office oftbe Town Trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: submitted appl icat ion and if issued, please atlanh copies of permit with conditions and approved map. D. ls them a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? YES mo Am them any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? NO the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel two story single family residence andproposeduse same with first floor Entry addition (examples: existi%g[ sisgl'~ily; proposed: same with garage or pool, or other description.) anct enla~ed-S~cond YJ_oor. Authorized Signature anXd~ate [ -- 2/05; 1/07 617.20 Appendix C State E~vlronmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 'l "ApPUCANTmPONSOR Mark Schwartz ~or I 2. PROJECT NAME Iskender Erey and An,qelica Benqolea , Erey & Benqo~ea property ~untct~my East Marion C~m~ Suffolk PRECISE LOCATION (St~e~ 680 South Lane East Marion, NY (SCTM#1000-38-U~U ') SEQR 5. 15 PROPOSED ACTION: ~] Nm, [] E~;anelo~ [] Modtficat fon/a#etation 6. DESCRIBE pRO~ECT BRIEFLY: Alterations to expand the second floor (within the existing footprint) and construct a small Entry addition on the roadside. WILL P~OPOSED ACTION COMPLY WITH EXISTING ZOmNG OR OTHER ~CJ~llN~ LAND ~ ~-ly~ [*~No IfNo,~l~rg~brteOy Proposed construction is within 75' of the existing bulkhead - re~ires Zoning Board Review ~ apprQva%. 10. OOE~ AG'TION INVOLV~ A I~m~41T AJW~ROVAI., OR FUNDINg, NOW OR L~.TIMATELY FROM ANY OTNER ~OVEI~IM~ITAL AGEN~t' STATE OR LOC, AL)? D~'. ifye%lm.g~am)~d~m~NYSDEC, Southold Building Dept 11. 0OF.~ ANy A~p~GT OF THE A~.."I1ON HAVE A CURFIENTLY VALJD PERMn' OR ~zq'~avAL'; i C~:RTiFy THAT THE INFORMATION I~qOYIDED ABOVEle TRUE TO THE BF-S'T OF MY KNOWLEDGE // Mark ~l~ ~Z/~ ~/~ If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Fo~m belore proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ~. WILL A~TtON RECEIVE COORDINATED REVIEW AS PROVIDED PeR UNLISTED ACTIONS IN 6 NYCRR. PART 61763 If NC. a negat,ve Cectarat,o~- I O. WILL THE PROJEr~F HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTASl. tSHMENT OF A CEA? E` 15 THERE. OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl IMPACTS? ~ Y. ~-~ Ne It Yel~ explain ~fly PART Ill--DETERMINATiON OF SIGNIFICANCE (To be completed by AgencYi INSTRUCTIONS: For each ai~verse effect identifle~l alcove, aetermine whether il is substantial, large, imoortant or otherwise signilicanl Each effect should I~e assessed in connection wilh Its (al setting (i.e. urban or ruts0; (o) p;Ohal)ilily of occurring; (c! auratlon; (cl) irreYersibilit¥; (e) geographic scoDe; and [I} magnitu(te, il necessary, add attachments or reference supporting materisls. Ensure i~llat [] Check this box if you have identified one Or more potent;*ally large or significant adverse inTl,,acts which MAY occur. Then proceed directly to the FULL EAF ann/or prepare a positive Oeciaratlon. [] Check this Oox if you have determined, Passel on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts 2 Town of Southold ~REYAND BENGOLEA PROPERTY LV~RP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the followin4 places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Departmem, all local libraries and the Town Clerk's office. B. DESCRIFrION OF SITE AND PROPOSED ACTION SCT~I# 38 06 07 The Application has been submitted to (check appropriate response): Townaoard [] PlanaingDept. [-~ auildingDept. [] aoardofTrastees [] 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: Nat~eandextemofaction: proposed first floor Entry addition (9' x 7') with a new porch and an ~xpansion of the second floor (within the eximting footprint) and create a new deck area over the existing Sun Porch. Locationofaction: 680 South Lane East Marion Site acreage: .310 (13,438 sf) Present land use: single family residence Present zoning classification: g - 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: Iskender Erev & Anqelica Bengolea (b) Mailing address: 415 Central Park West Apt 2E NY, NY 10025 (c) Telephone number: Area Code ( ) 917 - 754 - 2534 (d) Application number, if,my:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [-~ (Not Applicable - please explain) This project ~ntails additions and alterations to a sinqle family Policy 1 is not applicable to the project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~'~ (Not Applicable - please explain) marltlm~ area_ Policy 2 is not applicable to the project. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) To the extent that this policy is applicable to the ProPosed project, visual quality and scenic resources wil be protected at the site through the protection and maintenance of the well-vegetated embankment bufferin_~ the developed portion of the ~t~ from Orient }~arbor. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minlmi,e loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes ~ No [] (Not Applicable - please explain) This project doe~ not address nor affect erS~ion control structures or other Attach additional sheets if necessa~ Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Policies Pages 16 through 21 for evaluation criteria [] Yes ~ No ~-~ (Not Applicable- please explain) The proposed project is consistent with Policy 5 via 3 major components: 1.installation of drywells to controlo and recharge stormwater runoff, 2.up.qrade the existinq sanitary system to ensure effective treatment of S~n~ar~r_ waste. 3.retention of the existin? vegetation on the embankment bufferina the project from tidal wetlands, which is to be preserved permanentely and also protected from site disturbance during construction by a project-limiting fence and staked haybales. Attach additional sheets if necessa~ 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 HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The project will be consistent with Policy 6 for the same reasons as Policy 5. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The project will neither affect nor have ~n impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessa~ Policy 8. Minimi,e environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section IH - Policies; Pages 38 through 46 for evaluation eritecia. ~-~ Yes~ No [] (Not Applicable - please explain) AE the projmmt i~ limited to th~ ~plmnd pmrt~on of thm prnp~rty l~ndw~rd of an embankment, public access and recreational use of the adjacent Attach additional sheets if neeessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~-~ Yes [] No ~ (Not Applicable - please explain) is not applicable to the project. Attach additional sheets ifnecessai7 Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~-~ No [] Not Applicable - please explain Th~ project neither proposes nor affects commercial or recreat~onml fisheries or other uses associated with the livinq marine resources of Long Island Sound. Policy 11 is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IlI- Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Policy 12 is not applicable to the project. Attach additional sheets if necessmy Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section IH - Policies; Pages 65 through 68 for evaluation criteria. ~-~ Yes [] No ['~ Not Applicable - please explain The project affects neither the use nor development of ~ne~gy and m~nera] resources_ Policy ~ is not applicmb]e to the PREPARED BY APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) 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 necessary to avoid same. YOURNAME: l~,~t,e~¢~ ~"~rx~ ~e ~oa. ~C~,O(~Y~ (Last name, first name, middle initial, unless yo~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 1/' Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exvfi,p~ion from Plat or Official Map 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 emp!oymem by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~ Complete the balance of this form and {ia~e and sign below 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 (cheek all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, di~etor, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Signature: affiI~RANSACTIONAL DISCLOSURE FOlffi~.l AI'PI,ICJ~I~,E TO OWNF, R, CONTRACT VE~E~D AGENT: The Town of Somhold's Code of Ethics prohibits conflicts of interest on Ire part of Town officers and employees. Thc purpose of this form ~s to provide reformation, which can alert the Tox~rll Of poss~ conflicts nfinterest and allow it 1o take whatever action ~s necessary to avoid same. (Last name. first name,~dle initu ,unless~umc appymg n hc none n's ~e , , ' ' ()thai entity, snch as a company, lfso, indicate the other person or ?mpany name.) one else or NATIYRE OF APlq [(:ATI()N: (Check all that appls.) ~ ¥'ariaI]ce Special Exccptiol~ *Other Approval or Exemption fi'om plat or official map Change of Zone Tax Grievance *If"Other" name the activib,: Do you personally (or through your compauy, spouse, sibliog, parent, or child) have a relationship with any officer or employee of the Town of Southold? .... ,, · Relatl~~ blood marria e, or~business~iinterest. "_Business~interest" means a husmess incl~ ~which thee Town officer or emplo e35~_has even~aa j)artial ~ a)&~orporation in which the To~l officer or shams . _. ~ _ _~ ~ ,o~s more th~ 5% o~the YEe~S --_ NO ~/'yott onsweeed "YES'; complete the balance of this form and date and sign where indicatet~ Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contxact vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) tile owner of greater than 5% of the shares of the coq)orate stock of the applicant (when the applicant is a corporation); ~__ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, dh:ector, partner, or employee of the applicant; or D) tile actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature:~ Print Name AGRICULTURAL DATA. STATEMENT ZONING BOARD OF APPEALS ToWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and239-n of the GeneralMunleiPalLaw' ~.~ ..... sed Pro'eot: ~ ' · /t~'t~ ' J~'~ ~~cultural District Number. 7) Is the parcel w~thin an agn 8) Is this parcel actively farmed? [-]No I-lYes 9) Name and address of.any owner(s) of land within the agricultural dish'ict containing active farm Operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town AsseSsors Office, ToWn Hall locatiOn (765-1937) Or from any public computer at the Town Hall locatiolas By viewingthe parcel numbers on the Town of Southold Real Property Tax System. Name and Address 3. 4. 5; 6. (Please us~e if more than six property owners are identified.) The lot numbers may be obtai~'d,~n adv_a~.ce: ;~? requested from the Office of the planning Board at 765- · signatur'e of Applic~ Da Note: . . i. The local board will solicit comments fi.om the owners of [end identified above in order to consider the effect of the proposed action On lheir farm operation. Solicitation will be made by supplying a copy of this statement. · · ' ' as part of the overall review of this application. 2. Conmlents returned to the local boasd will be taken into consideration · ~endin co les of the completed Agricultural Data Statement to the property owners a The el~rk to the ocal board is responsible for g P. , · .L ':--*4~n is submitted for rev ew. Failure to pay at ~{ie'n't~l~l-~bove. The cos~ for nlalling shah be paid by the applicant at the time me app such time meens the application is not complete and cannot be acted upon by the board. 1-144)9 OF &OUTHOLD, ~EW YORK ACTION O~ TH~ ZONING ~ARD ~CTJO~ ~ TH~ ZONING ~D ~ AP3~A~ OF TOWN O~ SOU~D ~ ~ ~ Appellant ( ) a~n~ wA~ ~e ~n~ ~e, A~i~Xe ZXI, ~ 303 ~d Strict c~PPl!C~tlon of t~e Ordinence (W~Uld) lW~ul~ not) produce practical difficulties or n~.e~ry hardship beca~s~ [b] The hardship cre~ted {il~) 0s nat) u~icluo am~ (would) (,,,c~ld ,.'~) be ~hared by cfi pr~pertie~ ZONING BOARD OF APPEALS , 8~/03/2~89 0S:54 6~i~559854 ZONINGBDOFAPPEALS PAGE 03/03/2~09 03:54 ZONINGBDOFAPPEALS ZBA ~e~x (51~) 7§$-906~- PAGE ~'D[.~S; D~'I~i1~I~'I0%15 AND. D~'%'.~ATIO~ AREA ,~AZI~C~ RE~;~,, R~QU~S~ED BY ~PLIC~ The ~ f~ t~ '~, a~ the alte~ ~ ~U~tt~ at the ~.~ ~ w~ld p~ ~o ~ ad.on ~p~mil~ 9 f~t '~ b~d. 03/0~/2D09 89:54 691 ~59D64 ZON ]:NG~DOF'APPEALS PAGE Fi7/E~8 ~k appro~ 19 f~t ~ t~ b~d in enc~ent ou ~e 7~-f~ ~ ~u the b~d a~ts y~y ~ ~0 ~t d~ on ~e w~t gid;e ~ RI8 C~t e~s~ dwo~ ~ a ~o~ a~ ~t ~ld ~a~. (8) Tho ~quem~ ~a va~ is ~u~l ~d ~p~n~ a 88 (4) The d~c~lty ~ ~ ~-~t~ ~e the appU~t ~e ~ ~ w~ uOt ~a ~ p~t ~e ~m~ of ~e TO~T~, ~O~G, A~ ~r~, ~ ~I~o~ ~ duly ~t,a. TOWN OF SOUTHOLD PROPERTY RECORD CARD : ~20~ 5~S. .~ ' FARM C6MM. CB. MISC. AGE BUILDING CONDITION N,C 1~/31/7~ Tillable 3 Woodland 'Swampland FRONTAGE ON WATER ~shland FRONTAGE ON ROAD HoUs~ PlOt DEPTH ~ To~d~, DOCK /~. Bldg. -Extension ;Extension <~Extension Breezeway Ga rage Patio Total 2X£2- -= COLOR Foundation Basement Ext, Walls Fire Place Type Roof Recreation Roan Driveway /FO- Bath Floors .Interior Finish Heat Rooms ist Floor ~,ooms 2nd Floo Dinette LR. DR. BR. FIN. B. iS~EKiDEF2 Ef2AV ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 5, 2009 Zoning Appeal No. 6283 Transmitted herewith is Zoning Appeals No. 6283 of Mark Schwartz for Iskender Ere¥ & Angelica Bengolea - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, 2 Transactional Disclosure Form, Agricultural Data Statement Form, Action of the Zoning Board of Appeals Dated December 7, 1961 (2 Pages), Finding & Determination Appl # 4585 for Erey & Bengolea Date of Hearing July 23, 1998, Authorization Letter from Iskender Erey & Angelica Bengolea to Mark Schwartz to Represent them in this Matter, Notice of Disapproval from Building Department Dated February 17, 2009, Copy of Application for Building Permit Dated February 11, 2009, Copy of Property Record Card (Both Sides), Copy of Map of Private Roads, Beach & Right of Way Dated June 16, 1960 Prepared by W. Van Tuyl & Son, Copy of Map of Property Dated September 4, 1996 Prepared by Van Tuyl, PC, Copy of Survey Showing Existing Construction Dated December 2, 2008 Prepared by Nathan Taft Corwin, Land Surveyor, Survey of Property Showing Stormwater Management Requirement & Site Plan & Map Legend Dated December 8, 2008 Prepared by Mark Schwartz, Architect, Drawings of Proposed Additions & Alterations Showing Elevations Dated October 20, 2008 Prepared by Mark Schwartz, Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/4/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 2021 $400.00 RECEIVED EREY, Iskender & 3425 $200.00 6283 BENGOLEA, Angelica MAR 4 2009 Sout ~old Town Clerk $600.00 By__ Thank'~ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/04/09 * * * RECEIPT * * * Receipt~: 42626 Transaction(s): 1 I Application Fees Reference Subtotal 6283 $600.00 Check#: 2021&3435 Total Paid: $600.00 Name: Erey, Iskender & Angelica Bengolea 415 Central Park West Apt 2e NewYork, NY 10025 CAROLH Clerk ID: Internal ID: 6283 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ®. STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED MAR :S 3 2009 BOARD OF APPEAL~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 19, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Drews, Michael & Robin Erey, (Iskender) & Bengolea (Angelica) Babs Corp. Municipal File Numbers 6282 6283 6284 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailim, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 4, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6283 Action Requested: Within 500 feet of: Owner/Applicant: BENGOLEA & EREY Bulkhead and Setbacks ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ends. Gerard P. Goehringer ZBA Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Principal Planner Date: June 19, 2009 JUN 2 2 2000 Re: ANGELICA BERGOLEAxand ISKENDER ERE'¢ ' . '. '/,'I :7.~ SCTM 38-6-7/-'"---"~ ~ ZBA File r~ The proposed action is a request for variances under Sections 280-116B and 280-124, based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for additions and alterations to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Harbor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; SCTM 38-6-7. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to Us, it is my recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 4, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6283 (BENGOLEA & EREY) Dear Mark: We have received an application for additions and alterations, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JUNE 25~ 2009: 10:25 A.M. ISKENDER EREY and ANGELICA BENGOLEA # 6283. Requests for Variances under Sections 280-116(b) and 280-124, based on the Building Inspector's February 17, 2009 Notice of Disapproval concerning proposed additions/alterations to the existing single-family dwelling, which new construction will be: (1) less than 10 feet on a single side yard, (2) less than 25 feet for side yard setbacks combined, and (3) less than 75 feet from the bulkhead adjacent to Orient Harbor, at 680 South Lane, East Marion; CTM 38-6-7. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: June , 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 OZONING 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 June 4,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be publiShed in the next issue of the Times Review newspaper. 1) Before June 13th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than June 15th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 17th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before June 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ¢9342 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) JUN 1 6 2009 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 dayof June, 2009. / Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Seuthold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. JUNE 25. 200~.. 9:45 A.M. DURANYE and ANNA GALEOTAFIORE 06286. Requests for Variances, based on an application for a building permit and the Building Inspoc- tot's December 2, 2008 Notice of Disap- proval concerning new additimxs and alteratinns to the existing singie-famiIy dwelling. Variances are requested: (1) under Section 280-122 and Code terpretation under ZBA g5039 (Walz), and for the reason that construcBon is proposed with an increase in the degree of nonconformance with regard to exist- ing nonconforming single s_ide yard, and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Proper- fy: 2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-31. 9'.55 A.M. MICHAEL and KATH- LEEN MIGGINS 0 6285. This is a Lot Waiver request uffder Axticle II, Code Sections 280-10A and Section 280-11, based on an application for a building permit and an application to unmerge properties for an area of 13,987 square feet as a s~parate lot. Based on the Build- ing Inspector's February 23, 2009 No- tice of Disapproval determination and Article 11, Code Sections 280-IOA and Section 280-11. this 13,987 square feet of land area has merged with the adjacent 8,902 square feet of innd area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-31-1 - 12 and 1000-31-1 13 respectively. 10:10 A.M.S. VILLAREAL and D. VILLAREAL # 6288. Requests for Variances based on an application for a building permit and the Building In- spoctor's .June 10, 2008 Notice of Dis- approval under Section 280-15 for the reason that an accessory garage on this 11,256 square foot lot because the code requires accessory bugdings located in a required rear yard,subject to (1) the new constractinn is less than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-required rear yard. Location of Property: 722 Brown Street, Greenpor t; CTM 48-3-25.1. 10'.25 A.M. ANGELICA BER. GOLEA and ISKENDER EREY # 6283. Requests for Variances under Sec-' lions 280-116B and 280-124, based on an application for a building permit and the Building Inspector's February 17. 2009 Notice of Disapproval for additions and a~teratious to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Har- bor; (2) less than 10 feet on a single side yard. and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10:50 A.M. MICHAEL and ROBIN DREWS #6282. Requests for Variances based on an application for a building permit and the Buildin~ lnsnec~ork Feb- construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay. at 7425 Nassau Point Road, Cutcimgue; CTM 118-4-2. 11.'05 A.M. JOE RUGGIERI and RONNIE RUGGIERI {by John Rug- gieri) 06291. Requests for 'Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concern- ing a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-required mini,mum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel; CTM 128-6-6. 11:20 A.M. SPIRO GEROULANOS 06290. Request for a Variance under Section 280-124A, based on an applica- tion for a building permit and the Build- ing Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and swimming pool construction which will be less than the minimum code-re- quired 40 ft. front yard setback on this 31.915 square foot parcel, [ocated at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 104-9-13. hl0 P.M. ~DANIEL and NANCY FISCHER #6292. Requests for Vari- ances, based on an application to the Building Department and the Build- ing Inspector's February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R40 DistricL for proposed Lots #1 and g2; (2) .the existing as-beilt (without permits) one-story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1,1. 1'~ P.M. BABS CORP. 0 6284. Re- quests for Variances, based on an ap- plication for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed re- construction of a single-story access(ny (barn) building on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction will be less than the code-requized minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mathtuck; CTM 140-3-39, 1:45 p.M. ROMANELLI REALTY day of c..--/r(./)/'~t~ ~.~ 2009. NOTARY pUBLIC-STAlE 0~: NEW yORK No. ol_VO6105050 Qualified in Suffolk counW NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BENGOLEA, ANGELICA #6283 MAP # 38-6-7 VARIANCE SETBACKS REQUEST ADDITIONS & ALTERATIONS DATE: THURS, JUNE 25,2009, 10:25 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 '~Office Location: Town Annex/First Floor, No~th Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlh fork.net BOARD OF APPEALS TOWN OF SOUTttOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # REFERENCE:: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ........... NOTES/COMMENTS: Please lind attached copy/copies of the following: Thank you. Sender's Initials: . .~,~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: blEW YORK In the Matter of the Application of (Name _of Applicants) CTM Parcel # I000- 3 ~ A~JDAVIT MAILINGS JUN COUNTY OF SUFFOLK) STATE OF NEW YORK) /-t~¢ c-~' , New York, being duly sworn, depo~ and say that: On the_~v_day of ,,) ~'A~ ,Z('~7.~, I personally mailed al the United Stales Post Office in (~,,?C ~ ~'~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tru~ copy of the attached Legal Notice in prepaid envelopes ad~ to c .u~.fnt owners shown on the current assessment roll verified from the official records on file w~th the (~) Assessors, or ( ) County Real Property,~flice ........... , for every property which abuts and is across a public or ptiv~;.e street, or vehicular right-of-way of record, surrounding thc apphcan s property. Sworn to befot;e me this / I'e"day of~.~ ,200q 0 04ot ry (golic) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Iskender Eray 38-6-7 South Lane, East Marion 38-6-8 Michael D. & Kathleen M. Miggins 9352 Braymore Circle Fa/flax Station, Virginia 22039 m m 31-16-2.2 Mr. & Mrs. Norman Wenk 62 Wellington Road Garden City, New York 11530 USE ~A: ~ ~ A L m I'Ll c~ po~g~ $1.05 (Endorsement Requl~) ~.~ ' USE · Complete Items 1, 2, and 3. ~ complete Item 4 if Restflcted Delivery is deslrad. · Print your name and address on the reverse so that we can return the card to you. · Attach this cad to the back of the mailplece, or on the front if spaca permits. 1. Article Addressed to: t O ~eent D. Isdeavayar~,~dlffemntfmmlteml? i-lyes ff YES, enter dellve~ addra~s bM•w: [] No [] Insured Mall [] C.O.D. 2. Article Number ~r,-~,~r~o~,,~,O 7008 1300 0001 PS Form 3811, February 2004 7023 8147 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, ~ oA~.neth~edfrOntmss~ft~..pace permit,~ (h ~"-~ a ce~ iVlall ri Expmaa Mall [] Reg~temd [] Insured M~ C. Date of Dalive~y \DYes [] C.O.D. 4. R a~tflcted~ive~?~Fee) OYes PSForm3811,Februay2004 ~P, aexnRemtp~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 30O' -a~ - 0,7 COUNTY OF SUFFOLK) STATE OF NEW YORK) , ' g duly sworn, depose and say that: P On the _~_~day o1~ ,~] Gt,Oe~' , ~, I personally placed the Town's official oster, with the date of hearing and nature of my application noted thereon, securely upon my properly, located ten (10) feet or closer from the street or fight-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 s the subject hearing date, wlfich hearing date was shown to be Sworn to before me this cgS-dayof ,.)ooe~ ,200c} /& (N~ Public) even days prior to t~'~t date of NANCY '~ CUSCO Notary Public. State of New York _ No. 01FU4882475 *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE COUNTY OF SUFFOLK Red Property Tax Service