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Home My WebLink About6282 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 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING HELD JULY 21, 2009 ZBA FILE # 6282. MICHAEL and ROBIN DREWS, Applicants PROPERTY LOCATION: 7425 Nassau Point Road, Cutchogue CTM 118-4-2 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 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 a non-conforming 37,923.94 square foot lot in an R-40 Residential Zone District, with a 100.04 feet along the high water line of Peconic Bay, 101.05 feet fronting along Nassau Point Road, and 374.64 feet along the northerly property boundary, and 304.59 feet along the southerly ProPerty boundary. It is improved with a single family dwelling as shown on the March 1, 2006 survey, with notations added September 26, 2007 by Nathan Taft Corwin III, licensed land surveyor. BASIS OF APPLICATION: Requests for Variances based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for construction of deck and platform accessory structures at less than the code-required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay. LWRP DETERMINATION: A Letter dated June 19, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. A denial of the requested relief for the proposed 10 ft. by 10 ft. at-grade deck with zero foot bulkhead setback, and conditioning the relief granted by following the recommendations of the LWRP coordinator and Suffolk County Soil and Water District Technician (see letter dated June 8, 2009) would bring the proposed action into grater consistency with the LWRP. RELIEF REQUESTED: The applicant proposes to demolish and replace an existing landing and stairs leading from the top of the bank on the subject property to the beach on Little Peconic Bay. The proposed new stairs include a 4 ft. x 8 ft. landing with built-in bench at 17.8 ft. from the bulkhead and a 10 ft. x 10 ft. platform/deck with a zero setback from the bulkhead. Page 2- July 21, 2009 ZBA File # 6282 - MICHAEL and ROBIN DREWS, App~ CTM 1t8.,4-2 new stairs include a 4 ft. x 8 ft. landing with built-in bench at 17.8 ft. from the bulkhead and a 10 ft. x 10 ft. platform/deck with a zero setback from the bulkhead. ADDITIONAL INFORMATION: Upon visual inspection by members of the Zoning Board of Appeals, it wes observed that there were new alterations not appearing on the map submitted by the architect for the application before us for deck and spa areas encroaching into the north and south side yards. REASONS FOR BOARD ACTION: On the basis of testimony pre~nted, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3}(b)(3)(1}. Grant of ~he relief for tha proposed 4 ftx 8 It .stair landing and built in bench will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Other properties in the neighborhood along Peconic Bay contain accessory landings that make ascending and descending the stairs to the beach along the bluff easier. A small temporary resting area is a reasonable amenity that will create minimal land disturbance. 2. Town Law _~267-b(3}(b~2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the code requires a 75 ft. setback from the bulkhead for accessory structures and the proposed landing and st grade deck must be located adjacent to the stairs leading to the beach. 3. Town Law _~267-b(3}(b}(3). The variance as appiled for with regard to the 10 ft. by 10 ft. deck on-grade is substantial since it is on a fiat sandy plateau covered with native grasses at zero distance from the bulkhead, and a 100% variance from the minimum code requirement of 75 feet. The variance as applied for on the 4 ft. by 8 ft. lending midway along the proposed staircase is also substantial because the proposed bulkhead setback is 18 ft. which is a 76% variance. 4. Town Law ~7-b(3}(bt15}. The difficulty has been self. creatad since the applicant could have replaced the existing deteriorated stairs with a code compliant sat of stairs that would not have required a variance. 5. Town Law _~267.b(3}(b}14). No evidence has been submitted to suggest that a variance for stairs and landing in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Board of Appeals seeks to minimize disturbance to the natural vegetation along the slope of the subject property and finds that the benefit to the applicant of the proposed 10 ft. x 10 ft. at-grade deck is outweighed by the potential datr~ment to the environment of an accessory structure located on the bulkhead with a zero setback. 6. Town Law §267-b. Grant of relief for the proposed stairs and lending is the minimum a~on necessary and adequate to enable the applicant to enjoy the benefit of comfortable access from the top of the bank to the beach, while preseming and protecting the character of the neighburbood and the health, safety and welfara of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing teat under New York Town Law 267-B, A) Motion wes offered by Member Weisman, seconded by Chairman Goehringer, and dub/carried, to Page 3- July 21, 2009 ZBA File # 6282. MICHAEL and ROBIN DREWS, Applicant~ CTM 1t8-4-2 DENY the variance as applied for conceming the pmpoaed 10 fL by 10 fL at-grads deck as shown on the architectural drawings dated Feb 27, 2009 labeled sheets A-I through A-4 prepared by Mark K. Schwartz, Architect, Vote of the Board: Ayes: I&~mbera Goahringer (Chairman), Simon, Weisman, and Schneider. This Resolution was duly adopted (4-0); and further B) Motion was offered by Member Welaman, seconded by Chairman Gonhringer, and duly carried, to GRANT the variance as applied for concerning only the 4 fL x 8 ft. landing and bench aa shown on the architectural drawings dated Feb 27, 2009 labeled sheets A-1 through A-4, prepared by Mark K. Schwartz, Architect, subiact to the following CONDITIONS: 1. No Certificate of Occupancy for the stairs and landing shall be issued by the Building Inspector until a new Notice of Disapproval has been issued for the new alterations to deck and epa areas encroaching into the north and south side yards; and 2. A 10 ft. landscaped buffer be nstsblished landward of the "top of slope" line and plaoted with Indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninsty.five (95) percent ground cover within two years of installation; and 3. Re-vegetation with native plants and grasses of disturbed areas caused by the proposed construction must be completed after the construction is finished (as soon as possible) and prior to issuance of a Certificate of Occupancy. That ~he above condiUons be w#ffen into fha Building Inspector's Cer~cete of Occupancy, when issued. Any deviation from the vadanca given such as extensions, or demolitions which am not shown on the applicant's diagrams or survey sb maps, are not authorized under this application when Involving nonconformities under the zoning code. This action does not authedze 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 res~ves the right to substltuto a similar design that is de minimls in nature for an altm'ation that does not Increase the degree of nonconformity. Vote of the Board: Ayes: Members Goahringer (Chsirm~nc.V~c-'~ne'i~er. NAy: Member Simon. This Resolution was duly adopted (3-1). ~ · RECBIVED .~, .. .tu wn Oerl, OWNED SURVEY OF LOT 56 AMENDED MAP %t" OF NASSAU POINT BY NASSAU POINT CLUB PROPERTIES, FILE Fla. 156 FILED AUGUST 16, 1922 SITUAT£D AT NASSAU POINT 'TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-118-04-02 SCALE MARCH 1, 2006 SEPTEMBER 26, 2OB7 SLAKE SOUTH PROPERTY LINE & 75 SETBACK FROM BULKHEAD AREA = 57,923.94 sq, (TO TIE I.INE) 0.871 (lC. ['; 5 '69 INC. 0 82'00'00" 5 BTo0'O0" 'N THI][ ,L R0~ ('cLEAF' r~¢tJ 36 O' ¢,T 75' ~o~ 59? ' 374,64' 384-.59' t~ 0 0 NOTES'. CERTIFIED TO: MICHAEL DREWS ROBIN SAGON 1. ELEVATIONS ARE REEERENCED TO N.G.V.D. 1929 DATUM THE EXISTENCE OF RIGHT OF WAYE AND/OR EASEMENTS OF RECORD, ANY, NOT SHOWN ARE NOT GUAR~ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L,IAL~, AND APPROVED AND ADOPTED FOR SUCH U~E BY 7HE NEW YORK STATE L~NO TITLE AS~OClATIO N, N,Y,S, Lic. No. 50467 Mothon hond Suave PHONE (631)727-2090 Fox (631)72~ 0 -~ :DO SCALE: N.T.S. IREVIEWED B~' ZBA I ISEE DEC~SlO~ ~ _~_~:~J t~EVI~ION~ OtNV~]) ,,0-,0!. ($~1¥J~) ,,~ ~_INAL :~EVJEWED BY ZBA ;EE DECISION )ATED '7 t ~/ ~L 0 0- EXlY['ING ILKHEAD 12X12 PC FFG. POST CROSS SECTION SCALE: 1/4": 1'-0" ~OP OF BANK FINAL REVI~ _WE,.D, BY ZBA DATED "~ /?/__ f_~¢ ,. THRUFLOYU DECKING SCALE: NTS PRODUCT DATA (P0r e~lpmhwm~e~mt remt~ a~l q~ell~lom ~¢=t wwwm~oweem) INSTALLATION merntben be deli~ned to mm Ii~epeldemt gfa-ucl~ iakeldty ix-toe to inhaling Tleuiqo-*-', Ipedl~s foe ST~O t STOa ) LI~ the first Th'uFte~v~ on t~ f~itee usif~ · p~n ~ =crew. Don~t the interlockir~ Thrulqow panel and repe~ t~e f~tenir~ Te finish tbe inlrall~tian. · e Im~ row of int~ladd~1 tmb~, ua~ mn% traditional hind c~ electric STAIR TREAD DETAIL SCALE: 1" = r-o" iFINAL MAP /~ 2VIEWrr) ~¥ ZBA DATED 2 /~/ /' ~0 - I-- 0 P 0 PHOTO: A PHOTO: B PHOTO: C PHOTO: D PHOTO: E PHOTO: F PHOTO: G LITTLE PECONIC ~A~:'i ' ............... BAY ~/ I 75, SETBACK ~ FROM BULKHEAD 3' 7_1_.3_' 75.00' (MINIMUM) NE GHBOR'S HOUSE IS , APROXIMATELY IJ~ CLOSER TO BULKHEAD THAN EXISTING HOUSE (NOT DECKS) S 82,?'0" W 387,51' lO' aETBACK . UTIL,POLE UTIL,POLE I I r /4, TREE ~ I NEW DRIVEWAY ' 10' 8ET~ACK ~ i LEACHING pOOL N 82"0'0" E 403.88' NEIGHBOR'S HOUSE IS APROXIMATELY 4' CLOSER TO BULKHEAD THAN EXISTING HOUSE (NOT DECKS) HOUSE DRAINAGE: ROOF AREAS: 5402 SQ. FT, AT 100% WATER RUNOFF = 992 CU. FT. PROVIDE: 4 - 8' DIA. X 4' DEEP DRYWELLS (676 CU. FT.) 2 - 8' DIA. X 8' DEEP DRYWELLS (676 CU. FT.) TREE REMOVE TREE PROPERTY: 39032 SO, FT. HOUSE: 2713 SQ. FT, SCREENED PORCH: 398 SQ. FT. LOGGIA: 285 SQ. FT FRONT PORCH; 132 SQ. FT, SIDE PORCH: 61 SQ. FT. STOOP: 29 SO, FT. WALK THOUGH: 168 SQ. FT. GARAGE: 912 SO, FT, FLUSH DECKS; 400 SQ. FT. TOTAL SO, FTG.: 5098 SQ. FT LOT COVERAGE: 13.1% SITE PLAN SCALE: 1" = 20'-0' REPLACE EXISTING STAI WITH NEW 4 WIDE STAll 9R10T STAIR LM ]T STAIR 10'X10' FLUSH DECK APPROVED BY TRUSTEES (VERIFY LOCATION~ w/TRUSTEES OFFICIO) ER10T STAIR NEW PROPOSED 4'X8' LANDING I REPLACE EXISTING STAIR WITH NEW 4' WIDE STAIR NEW PROPOSED 4'X4' LANDING · EX. FLAG POLE DECK SCREENED PORCH EXPANDED VIEW AT SITE PLAN ST. PHOTO: A PHOTO: B PHOTO: C PHOTO: D PHOTO: E PHOTO: F PHOTO: G LITTLE PECONIC _.~/ BAY -- DECK NEIGHBOR'S HOUSE IS APROXIMATELY J J' CLOSER TO BULKHEAD THAN EXISTING HOUSE (NOT DECKS) PORCH S 82°0'0" W 387.51' APPROVED 2 STORY FRM HSE, pROPOSED GARAGE 158.675' N 82°0'0" E 403.88' NEIGHBOR'S HOUSE IS APROXIMATELY 4' CLOSER TO BULKHEAD THAN EXISTING HOUSE (NOT DECKS) HOUSE DRAINAGE. ROOF AREAS: 5402 SQ, FT. AT 100% WATER RUNOFF = 902 CU, FT. PROVIDE: 4 - 8' DIA, X 4' DEEP DRYWELLS (676 CU. FT.) 2 - B' DIA. X 8' DEEP DRYWELLS (676 CU. FT.) SITE PLAN SCALE: 1" = 20'-0' PROPERTY: 39032 SQ. FT. HOUSE 2713 SQ. FT. SCREENED PORCH: 398 SQ. FT. LOGGIA: 255 SQ, FT. FRONT PORCH: 139 SQ. FT, SIDE PORCH: 61 SQ, FT. STOOP: 29 SQ, FT. WALK THOUGH: 165 SQ. FT, GARAGE: 912 SQ. FT. FLUSH DECKS: 400 SQ. FT. TOTAL SQ. FTG.: 5898 SQ, FT, LOT COVERAGE: 13.1% ST, DECK REPLACE EXISTING STAI WITH NEW 4 WIDE STAll 9R10T STAIF 10'X10' FLUSH DECK APPROVED BY TRUSTEES (VERIFY LOCATIONI w/TRUSTEES OFFICIO) r REPLACE EXISTING STAIR WITH NEW 4' WIDE STAIR 9R10T STAIR NEW PROPOSED 4'X8' LANDING NEW PROPOSED 4'X41 LANDING · EX, FLAG POLE EXPANDED VIEW AT SITE PLAN REVISIONS, 0 0 DRAWN, MH / MS JOB #: February 26, 2009 SHEET NUMBER. S-1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 17, 2009 TO: Michael R. & Robin S. Drews C/O Mark Schwartz, Arch. P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated February 11, 2009: For permit for construction of deck and platform accessory structures at: Location of property: 7425 Nassau Point Rd., Cutchogue, NY County Tax Map No. 1000 - Section 118 Block 4_ Lot 2 Is retumed herewith and disapproved on the following grounds: The construction of the accessory structures, on this non-conforming 39,032 sq. fi. lot in the R-40 District, 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 survey shows a setback of 0+/- feet from the bulkhead for the proposed deck and 18 +/- feet for the proposed platform. 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 SO ,UTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20__ Disapproved a/c Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIS'I Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planaing Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: /~tt'~ ~/~ Phone: ~~~ Building Inspector PPLICATION FOR BUILDING PERMIT L-a l~t~81~_~ INSTRUCTIONS Date ~¢//~ ,20 l~d~ -we. 0[~I'~T ~ c~ apletely filled ~ by ~ewfiter or in i~ ~ submitted to the Build~g ~spector with 4 sets of plus, acetate plot pl~ to sc~e. Fee accor~ng to schedule. b. Plot pl~ show~g location of lot ~d of buil~ngs on premises, relationship to adjoining premises or public s~eets or ~eas, ~d wate~ays. c. The work covered by t~s application may not be commenced before issu~ce of Bulldog Pe~it. d. Upon approval oft~s application, ~e Building ~spector will issue a Building Pemit to the applic~t. Such a pemit shall be kept on the premises available for inspection ~oughout the work. e. No buildhg shall be occupied or used in whole or h pan for ~y p~ose what so ever until ~e Building Inspector issues a Ce~ificate of Occup~cy. f. Eve~ buil~ng pe~it sh~l expke if the work authorized has not co~enced with~ 12 monks after ~e ~te of issuance or has not been completed within 18 months ~om such date. If no zoning mendments or other re~lations ~fecting the property have been enacted in ~e ~tefim, the Building ~spector may authorize, in Wfit~g, the extension of~e pemt for ~ addition s~x.m~nths. There~er, a new pemit shall be requked. ' ' ~PLICATION IS ~BY M~E to the Buil~g Dep~ent for the is~u~ce of h~Building Pe~t pursuit to the Buil~flg Zone Ore'ce of the Town of Southold, Suffo~ County, New York, ~d other applicable Laws, Ord~ces or Re~lations, for the constmcti6n ofbuil~gs, additions, or alterations or for remov~ or demolition as here~ described. The applic~t a~ees to comply with ~I applicable laws, ordin~ces, building code, housing code, ~d re~tions, ~d to a~t authorized inspectors on premises ~d in building for necess~ inspections. ~e, ifa co~oration) (Mail~g ad,ess ofapplic~t) State whe~er applic~t is owns, lessee, agmt en~neer, g~eral con,actor, elec~ci~, plmber or builder Name of owner of premises /~/~'/f~ ~t ~/ f (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 LicenseNo. Plumbers License No. ElectficiansLicenseNo. Other Trade's License No. 1. Location. of land on whic~Droposed work will be done: _ House Number Street Hamlet County Tax Map No. 1000 Section ]/(~ Block ~4 Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units 'lf garage, number of cars Fee Alteration (To be paid on filing this application) Number of dwelling units on each floor 6. If busi/~s,~commercial or ~mixed o,.qccupancy, specify nature and extent of each type of use. 7. Dimensions o~ existing structures, if any: Front Rear Depth _ Height. Number of Stories Dimensions of same structure with alterations or additions: Front __ [~] ~ Depth Height. NL 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated F 4 t~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~, NO 13. Will lot be re-graded? YES NOx Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premAses ~)/~g-~/,f' Address Phone No. Name of Architect '-~ 6 ~/,~,"~ tr-~-- Address Phone No '~3 Name of Contractor Address i>hone No. ¢)7J' 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YESES__ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM_ITS/MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YESes__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO '~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF 1._ ' / ~. being duly sworn, d~oses ~d says that (s)he is the applic~t ~me of individ~l siCg contract) above nmed~ (S)He is me (Uon~tor, Agmt, Co,orate Office, 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20__ Notary Public Sil FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUII~)ING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34543 Z Date MARCH 30, 2009 Permission is hereby granted to: MICHAEL R DREWS 105 HEMLOCK ROAD SHORT HILLS,NJ 07078 for : DEMO OF AN EXIS.SINGLE FAMILY DWELLING & CONSTR.OF A NEW SINGLE FAMILY DWELL.AS APPLIED FOR PER DEC/TRUSTEES & SCHD.REPLACES BP# 32534 at premises located at 7425 NASSAU POINT RD CUTCHOGUE County Tax Map No. 473889 Section 118 Block 0004 Lot No. 002 pursuant to application dated MARCH 30, 2009 and approved by the Building Inspector to expire on SEPTEMBER 30, 2010. Fee $ 3,685.40 / Authorized VSignature COPY Rev. 5/8/02 Fee: $. Office Notes: -- Filed By: For Office Use Only Date Assigned/Amignment No. House No. 7425 Street Nassau Point Road Hamlet Nassau Point SCTM 1000 Section 118 Block 04 Lot(s) 02 Lot Size 39032 Zone R4C l (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 02/17/09 BASED ON MAP DATED 02/11/09~ ' Applicant(s)/Owner(s): Michael and Robin Drews MailingAddress: 105 Hemlock Road, Short Hills, NJ 07078 ,0 , , Telephone: (973) 258-0372 Fax #: Emaih 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 represents: Name of Representative: Mark K. Schwartz, Architect for O Owner, or ~)Other: A~ent's Address: P.O. Box 933, Cutcho~lue, NY 11935 Telephone (631) 734-4185 Fax #: (631) 734-2110 Emaih mksa rchltecfl~optonline, net Please checl~ box to specify who you wish correspondence to be mailed to, from the above names: I-]Appllcant~Owner(s), or [TI Authorized Representative, or i-]Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 02/11/09 AN APPLICATION DATED 02/11/09 FOR: gZ]Building Permit [~ertificate of Occupancy [~]Pre-Certificate of Occupancy [~Change of Use ~Permit for As-Built Construction [~)ther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 {13) Subsection Type of Appeal. An Appeal is made for: []A Variance to the Zoning Code or Zoning Map. ~ Variance due to lack of access required by New York Town Law-Section 280-A. I-]Interpretation of the Town Code, Article Section ~Reversal or Other A prior aopeal [~has, ~has not been made at any time with respect to this prooertv. UNDER Appeal No. 470~]~ear Ittq~ . (t'tease be s.re to reve.reb before complett.g this question or call our office for REASONS FOR APPEAL (addifional sheets maF be used with oret~arer's signature}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the deigliho£hood or ~ detriment to nearby properties if granted, because: An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties because the proposed stairs replaces the existing stairs, the midway landing, between the 2 sets of stairs down the bluff will be elevated only as necessary and the deck will be flush on grade. There are many flush wood decks located adjacent to the bulkhead on this stretch of beach. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than un area variance, because: The Owners wish to create a small sitting area adjacent to the beach. (3) The amount of relief requested is not substantial because: The amount of miler requested is not substantial because there are many similar type structures in this neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not have an adverse effect or impact on the physical environmenta~ conditions in the neighborfmod or district because the structures are small in size. The stair ptatform will be an open type grated system and wilt also allow additional light to the natural vegetation. (5) Has the alleged difficulty been self-created? (~}Yes, or ONo. Are there Covenants and Restrictions concerning this land: ]-~No. [~]Yes {~lease £urnlsh coovL 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 bar ~] IF A USE YARL4NCE IS BEING REQUESTED, ANDt~LEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be su~~ ~ Signature of Al~pel~r Authorized Agent (Agent must submit q~rttten ~tborizatlon from Owner) Sworn to before me this ~-~ d,yofb~,~ ,20 OS . Notary Public CONNIE D. BUNCH Nota~j Public. State of New No. 01BU6185050 Qua flied n surf0 k Cou Corem ss on Expires April 14, Michael and Robin Drews 105 Hemlock Road Short Hills, NJ 07078 973-258-0372 October 01, 2008 To Whom It May Concern: I, Robin Drews, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Town Board of Trustees, New York State Dep~u tmem of Enviromental Conservation and Southold Town Zoning Board of Appeals. The proposed residential construction project is located at 7425 Nassau Point Road, Cutchogue, New York (SCTM# 1000-118-4-2). Sincerely, date: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael and Robin Drews Date Prepared: February 22,2009 I. For Demolition of Existing Building Areas Please describe areas being removed: existing detariorating stairs to beach from too of bluff II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of flint floor extension: 10'x10' flush deck and 4'x8' Landing Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge): none ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a III. Proposed Construction Description (Alterations or Structural Changes) (attach exlxa sheet ifnecessacy) - Please describe building areas: Numbar o£ Floors and General Characteristics BEFORE Alterations: stdaght mn of stairs to the fop of tha existing bulkhead Number of Floors and Changes WITH Alterations: new stair with 4' x 8' platform at the mid point with a new 10' x 10' flush deck adjacent to the top of bulkhead IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5098 sq. ft. Proposed increase of building coverage: stairs, dock and landings: 196 sq. ft. Square footage of your lot: :39032 sq. ft. Percentage ofooverage of your lot by building area: Existing 15.1% + Now 0.5% = Total 13.6% V. Puq)ose of New Construction: To replace existing deteriorating stairs for access the beach from the top of bank. In addition to the stairs there is a landing midway down the stairs for a small bench seat. A 10' x 10' deck for beach chairs will be located at the top of the bulkhead. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The land slopes from the house down towards the road and at the water side bank, the property slopes down to the beach. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. 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? [-~No I--lYes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grosses? yez 2) Are these areas shown on the map submitted with this application? yes 3) Is the propero/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? yes Please confirm status of your inquiry or application with the Trustees: have obtained permit for this project 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? yes Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these stmctares 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? yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: house construction still underway 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 si0nle family residence ~?~filvles~~and propnsed use same w/new atair, now platform and 'lO'x'lO' dock d: same with garage or pool, or other description.) o Authorized Signat~ ~c~/Date ! ( 2/05; 1/07 PROJECTLD. NUMBER 617.2.0 ; ' SEQR Appendix C ! State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT F~dRM For UNLISTED ACT ONS Only .PART I--PROJECT INFORMATION (3'0 be completed by Applicant or Project sponsor) · r 1 APPLICANT/SPONSOR Mark K. Schwartz, AIA - Architect I2. ~ROJECT NAME Drews-stair replacement 3. PROJECT LOCATION: Munlclplllly Cut chogue County Suffolk 7425 Nassua Point Road (4Ql' north of Tuthill Road) Remove existing stairs and replace with new 4' wide set of stairs with a 4' x 8' platform, as shown on plans. 7. AMOUNT OF LAND AFFECTED;. Initially .0 5 aegis UIUmal'ay . 0 5 ~ 8. ~ ~O~ A~N ~M~Y ~H ~1~1~ ZO~NG OR ~B ~ ~ND ~ ~ ~ Y,~ ~ NO II NO. ~ ~ WHAT 'S ~ENT ~"0 ~E ~ V,=""~ OF ~o. JEcr? ~ Single Family Residential Town Trustees, Southold Building Dept 11. ~X)E~ ANY A~PECT OF THE ACTION HAVE A CURRENTLY VA~JD PERMIT [] y~ [~ No , ye~ ~mt a~r, gy re, me ~m~ 12. A~ A RESUL? OF FRC~K3~ED ACTION W~LL EXIb~'ING PERMIT/APPROVAL REQUIRE MOD#qCATI(3N? If the action la in the, ii Area, and you sm s state agency, complete the Coastal Assessment Form before proceeding with this s~seasment OVER PART II--ENVIRONMENTAL ASSESS~IENT ('To be completed by Agency) jD. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTIC..~i THAT CAUSED THE ESTASUSHMENT OF A CEA? PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each aclveres effect identified above, determine whether il i~ substantial, large, impodant or otherwise significant Each effect should be assessed in connection with its (a) setting (i.e. urttan or rural); ('o) Dmba~3ility of occurring; (c) duration; (d) irreversibility; (e) geogreDi~ic scoDe; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exWanations contain sutficient detail to i}lOW that all relevant ~dvarse tragic'ts have been idectifie~ and a~eduately addressed, If- - question D of Par1 II was checked yes, the determination encl significance must evaluate the potential imgact of the DrOposed sctio~ on the environmental characteristics of the CEA. r.-j Check this box if you have identified one or more botsnt~lly large or significant adverse ira'S,acts which MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proDosed action WILL NOT result in any significant a0verse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Town of Southold A. INSTRUCTIONS EMBANKMENT STAIR LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi-ont 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 following places: online at the Town of Southold's website (southoldtown.noFthfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIFIION OF SITE AND PROPOSED ACTION SCTI~ 118 04 02 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [-~ BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: remove existing stairs and replace with new 4' wide stairs with a 4' x 8' platform, as shown on plans w/ dec. t, Location of action: Site acreage:_ Present land use: 7425 Nassau Point Road Cutchogue 39,032 sf single family residential '0q Present zoning classification: R 4 0 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicunt: (b) Mailing address: Mark Schwartz P.O. Box 933 Cutchogue 11935 (c) Telephone number: AreaCode ( )_ 734-4185 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [--] If yes, which state or federal agency? 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 m - Policies; Page 2 for evaluation criteria. ~ Yes ~ No [] (Not Applicable - please explain) The proposed new stairs will replace the existing a~d the site rs in a heavily developed area with similar stair structures Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes [] No [-~ (Not Applicable - please explain) This site/project will not affect historic or archaeological resources Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sout See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~ b ~$ '~ [] Yes [] No ~ (Not Applicable- please explain) The visual quality and scenic resources will be protected with new grass and shrub plantings to strengthen the embankment. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section IH - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The project does not address or affect any of the above ARach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section IH - Polities Pages 16 through 21 for evaluation criteria [] Yes [] No ~-~ (Not Applicable - please explain) This project is consistent because it will protect and improve the embankment ,.,itb new gras~ =nm shrub pl~nting_~ tO be ~n~Wmll~ ~W I-h~ _~w~=~ of Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section IH - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) same as Policy 5 Attach additional sheets if necessar> 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 III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessat~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - 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 III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Pr tect , e sitingo~new water-dependent Policy 10. o Southold s water-dependent uses and promote uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 throagh 65 for evaluation criteria. ~-~ Yes [] No ~-~ Not Applicable - please explain ARach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [] No [~ Not Applicable- please explain Prepared By: 08/18/08 kNSACTIONAL DISCI,OSURE APPI. (IWNI!R, ' ' ' (ON'I RA( ~I \ END A( Thc Town of Southold's ('ode of ]~fl~ics prohibits conflicts of mteresl on ~l~c pa~l ol ~lown officers - ~ ~. : ' c middle mit tin]ess ym 'e al~xin~ c 7 NA I URI~ ()F APl)Il( YVI'I( )N: (( 'hock all that apply) Va, iancc ~ Special [~xcel)~ion - ~ *Other Approval or Exemptmn fi'om plat o~ official map Change of Zone ~ '~ Tax Grievance *If"Other" name the activity: Do you personally (or t~'ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the ,, blood mama e or business interest. Tram of Southold? Rela~ "Business inter~st" means a bnsmess includin a ~ip, m whicb the Town officer or e~e has even a ' · ~ation in which the To~ offie .... 7.- , ~!~ ox~f~_ of or ~S~~ NO ~ _ _ If you answered "YES'[ complete the balance of this form attd date and sign Where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship be~een yourself (the applicant, agent or contract vendee) and the To~ officer or employee, Either check the appropriate Ime A through D (below) ancot describe the relationship in the space prom&& The To~ officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the o~m~er of ~eater than 5% of the shares of the corporate stock of the applicant (when the applicant is a co¢orati0n); B) the legal or beneficial o~er of any interest in a non-corporate cotity (when the applicant is not a corporation); C) an officer, director, pamper, or employee of the applicant; or D) thc actual applicant. DESCP, IPTION OF ILELATIONSftIp Submitted this ~ day of Signature: Print Ua me :~-~?~(,.,j ~__ 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 Dumose 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. (L~st n~m~, first ~ame, 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 Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 ~ Complete the balance of this form and date 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 (check ail that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or cmployec of the applicant; or D) the 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 500feet of a farm operation located in agricultural district. AH applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~g~,~ 2) Address of Applicant: ~t:;'~' .~.k:~ ~.~'.~ EO'7~ ~O'~'! ~-/~' [/~ .~/2'~ __ 3) Name of Land Owner (if other, than applicant)-,: ~o $/'~:~'" 4) Address of Land Owner: /b[[¢~l_ i1~[(4~/I~/ 5) Description of. Proposed Project: /~-, 6 ~f'~-~... 6) Location of Property (road and tax map number): the parcel within an agricultural district?~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? t-]No I-]Yes 9) Name and address of any owner(s) of land within the agricultural district 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 locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be ob~dgin advance, when requested from the Office of the Planning Board at 765- 1938 or/l.h.e ~oning B~oaId q~f A35~eals at 765-1809. Signature o~ AppliCant ~ Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER VILLAGE W DISTRICT SUB. ^CRE^GE ¢t/ TYPE OF BUILDING LOT ~./~' LAN D IMP. TOTAL DATE u'/7) 3:z OO ~0C) ~ :2.C~GE NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland B rushland~ ~. ~oo / I o000 Acre Value Per Acre Value House Plot COLOR TRIM 1st 2nd M. Bldg. ~,~ - Foundation OTHER Bath ~ ~+ I Dinette ~FIoo~ ~ PI~5 ~ ~ COM~ xtensl°n ~ ~ ~ ~ Basement s~ P~ Floors Kit. x,.ns,on . ~,~e,io~ ~i.!~h ~( ~A;~A ~-I ~1~ ')[~, - L.R. G~rafle Ext. Walls P~ P°°l A.C. Laundry O.B. Libmry/ Study Dock i ow~ OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ., 20 Disapproved a/c PERMIT NO. 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 Storm-Water Assessment Form Contact: Mail to: /,~/~- ,~,~.~ ~'~ Expiration ,20 Phone: Building Inspector PPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS apletely filled in by typewriter or in ink and submitted to the Building hspector with 4 sets of plans, accurate plot plan to scab 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 ~spec~or 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 been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in Writing, the extension of the permit for an addition six mo. nths. Thereafter, a new permit shall be required. ' · APPLICATION IS HEREBY MADE to the Building Department for the issuance of k'Building Permit pursuant to the Building Zone Ordinahce of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmcti6n 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 regq tions, and to admit authorized inspectors on premises and in building for necessary inspections. ~~ (Signature of a~ffcant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent engineer, general contractor, electrician, plumber or builder Name of owner of premises /~/~ / Z~/,,L,/ :~jj (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. 1. Location of land on whic. h.,proposed wor~will be done:,,, . ~ House Number S~eet' Hmlet County T~ Map No. 1000 Section ] / ~ Block a ~ LOtLo~ ~ Subdivision Filed Map . ~ - i .1 1 - < z ~ ~' ~ ~= State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units "If garage, number of cars Fee Alteration (To be paid on filing this application) Number of dwelling units on each floor 6. If busij~s,s~commercial or ~mixed o,.qccupancy, specify nature 7. Dimensions o~f existing structures, if any: Front Height Number of Stories and extent of each type of use. Rear Depth Dimensions of same structure with alterations or additions: Front Depth. Height 8. Dimensions oi' entire new construction: Front Height Number of Stories 9. Size of lot: Front Rear Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 4Q 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~, NO 13. Will lot be re-graded? YES NO~''r Will 14. Names of Owner of prediSposes ~)]~g--~f Address Name of Architect ~ ~/,a~'/~/~W,_ Address Name of Contractor Address 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland.'*YESj~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS/MAY BE REQUIRED. 9* b. Is this property within 300 feet of a tidal wetland. YES~.~_ NO * iF YES, D.E.C. PERMITS MAY BE REQUIRED. ~' excess fill be removed from premises? YES__ NO Phone No. .Phone No '~.~ ~.?/~°¢ Phone No. ~J' ~,) ~' 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 NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: CO TY/k/,4£/ o · / ~. being duly sworn, deposes and says that ts)he is the applicant (Name of individual signing contract) above named~, is the"/' ~ ['C~t'r~to~, ~en~, ~c 4c ~te~f~ e;, elc tS)He 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary Public tre pplicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32534 Z Date DECEMBER 1, 2006 Permission is hereby granted to: MICHAEL R DREWS SHORT H~LLS,NJ 07078 for : DEMOLITION OF AN EXISTING SINGLE FAMILY DWRLLING AND CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AS APPLIED FOR PER DEC, TRUSTEE AND SCHD at premises located at 7425 County Tax Map No. 473889 Section 118 pursuant to application dated NOVEMBER NASSAU POINT RD CUTCHOGUE Block 0004 Lot No. 002 21, 2006 and approved by the 1, 2008 . Building Inspector to expire on JUNE Fee $ Rev. 5~8/02 ORIGINAL FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34543 Z Date MARCH 30, 2009 Permission is hereby granted to: MICHAEL R DREWS 105 HEMLOCK ROAD SHORT HILLS,NJ 07078 for : DEMO OF AN EXIS.SINGLE FAMILY DWELLING & CONSTR.OF A NEW SINGLE FAMILY DWELL.AS APPLIED FOR PER DEC/TRUSTEES & SCHD.REPLACES BP# 32534 at premises located at 7425 NASSAU POINT RD CUTCHOGUE County Tax Map No. 473889 Section 118 Block 0004 Lot No. 002 pursuant to application dated MARCH 30, 2009 a~d approved by the Building Inspector to expire on SEPTEMBER 30, 2010. Fee $ 3,685.40 Authorizea Signature COPY Rev. 5/8/02 Town Annex IF'Mt Floor, Noflh Fork Bank 54375 Main Road (at Youngs Avenue) Sout~old, NY 11971 http'ff/southoldtown.northforLnet BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # ¥OYAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at v~ice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] Please find attached copy/copies of the following:. Thank you. Sender's Initials: APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A, Tortora Lora S. Collins George Homing BOARD OF APPEALS TOV, rN OF SOUTHOLD FINDINGSt DELIBERATIONS ,AND DETERMINATION MEETING OF ~IULYI, 1.999 S°~thold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 AppL No. 470~ ~.THOI~.t/LS LOSEE STREET &LOCALtTY: 7425 Nassau Point Road, Cutchogue DATE OF PUBLIC HEARING: 3un~., 1999 1000-118-4-2 FINDINGS OF FACT PROPER-F~'.,FACTS/DESCR/PTiON:. ,T. he appli~nt's property consists of a total I~ area of 39043 sq. fL with 101.05 ft. frOa~age a~dn~ ~U~ ea~te~ Me'of-Nassau,Point Road and. lol: depth of 403.88 fL (and 387.51 ~ var.). The'property is improved with a single-family dwelling with the "as built" deck and accessory stairs to the bulkhead arid little PecOn,[c Baylbeach. BAS]5 OF.APPLICATION: .Buildirig~ InspeCtor's Hay 4, 1.999 Notice of Disapproval citing Articl~e, XXIII, Section 100-230.4tt 0f.Lhe.Z0hiag Code in applicant's request for a building permit for an ~as built' deck addition with an insufficient setback ~'r6rh 'the bblkhead. (No other vadance relief is noted in this Notice of Disapproval0 ^REA. VARiANCE RELIEF:REQUESI'E~): Applicant requests a Variance for approval of an 'as builU setback Ioca0~m 0f'an',open,deck additl0n~at the rear of the existing dwelling. The March 23, 1999 survey map ~e~.,~ ,r,,e~,~b,Y Lothar K- Reis~ig,,,L,S. shows a setback at 61+- feet from the bulkhead at its doseat point. The deCl~'iS~I,7;3, fL. b~,2~5, , ...~ ff~l, '~v['~dA~'~ ~,,.us a :sma deck connect ng the same to the hoUSe The deck area appears to be about 7 inches'abeveaverage grade (ground). REASONS IF-q)R ,BOARD AL-.'-FIO~.:;DES ,~C,~.P?BED BELOW: Based on the testimony and record before the BoarC, and pers6~al iuspecti6n,, t~/e: Board.rr~kes the follow ng findings: 1. Gran~01' the area,va~ance,~ill not produce an undesirable change in the character of the neighborhood or'a d~tri~ht t~,,h~a, .rby, pmpertieis because the 357 sq. fi- area of tile deck which requires a variance is not obtrusiv~ elevated only, 12+~ inqhe~ above grade and causes no obstruction of view from neighboring prepertie,~ The deck is open to the sky, rather than a fully enclosed addition. 2. The benefit.sought by, applicant cannot be achieved by some method, feasible for appellant to pursue, other'than an area variance because the dwelling in its present location was built more than 28 years ago. A deck conforming to:the 75,fL .cede,requirement would be ~ small to be satisfactorily utilized; and if the deck were reJocated to the front of the house, there would be no henefE of waterviews. 3, The ~equested area variance is not substantial and represents a 18.6 percent reduction from the code's 75 fi, setback requirement, 4. There.!is no evidence that grantof the variance will have an adveme effect or impact on the physical or environ~ntal c0ndi~ious in the neighborhood or district. Such a deck improvement would cause no disttirbeAce to the bluff,6r bulkhead and is situated on stable ground. 5. The ~l[ff'~:ulty has not been self-created. Page 2 - 3uiy 1, [999 ZBA Appl. No. 4709 - T. Losee Parcel 1000-118-4-2 In considering this applic, aUon, the Ek)ard deems this action to be the minimum necessary and ad~quat~e to enable the applicaqt~ to enjoy the.benefit of a new deck, ~,h e preserving and protecting the charad;~r of the neighborhood and the heal~h, safety, welfare of the community. RESOLU'r~ON/AcT~oN: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as a pplied for, subject to the FOLLOWING CONDrr~oN: ]-he deck shall not be enlamed or exoanded closer toward the bulkhead, nor improved by a roof. VOTE OF' THE BOARD: AYES: GOEHR~NGER, DINI230, TORTORA, HORNING, COLL~S. RESOLUTION WAS DULY ADOPTED BY UNANIMOUS (5-0) VOTE. OF~,T-$~C--Ij~OARD. 7 / 7 ! ~ ~ DA~ THIS APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer 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 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765.9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2006 RECEIVED JAN ]2 2007 Southold Town Clef} ZB File No. 5929 - MICHAEL and ROBIN DREWS Property Location: 7425 Nassau Point Road, Cutchogue CTM 118-4-2 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, PROPERTY FACTS/DESCRIPTION: The applicants' property consists of a lot area of 39,043 sq. ft. with approximately 101 feet along the easterly side of Nassau Point Road and lot depth of 403 feet (387,51 fl. variable). The property is improved with a single-family dwelling and fronts along Little Peconic Bay, BASIS OF APPLICATION: Zoning Code Sections 280-116 and 280-124 (100-239.4B and 100-244 based on the applicants' request for a building permit, and the Building Inspector's May 31, 2006 Notice of Disapproval, concerning a proposed new single-family dwelling. After demolition of the existing building, the new dwelling will be proposed with setbacks at less than 75 feet to the bulkhead and less than the code-required 15 feet on a single side yard. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated November 24, 2006 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: A Determination of Inconsistency was issued on August 14, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revilalization Program (LWRP) standards, The applicants are requesting a setback variance for a new dwelling, after demolishing the existing dwelling, The existing dwelling is only 63.3 feet from the bulkhead and 78.3 feet to the dwelling building line. The new dwelling will be 71.3 feet from the bulkhead, measured from the proposed new deck and 80.8 feet to the new dwelling building line. Grant of variance relief will substantially increase the nonconforming setbacks that presently exist. All new construction will be required to conform to the Zoning Code minimum standards applicable to this property, pursuant to a building permit and other agency approvals before commencing any construction activities. Adequate drywefls must be installed at or greatar than 100 feet from the waterfront. The applicants are proposing several drywells and a new sanitary system at least 100 feet from the bulkhead along the waterfront, It is reasonable to eliminate to a large degree the setback nonconformity, and to dramatically improve or replace the existing sanitary system, to obtain the greatest reasonable degree of conformity with the Zoning regulations under New York Town Law and Southold Town Codes. The amount of relief requested under Zoning Code Section 280- 124 is minor, for a 3.7 ft, reduction in the code-required 75 ft. setback from the bulkhead. I~age 2 - December 14, 2006 ZB File No. 5929 - M. Drews · CTMNo. 118-4-2 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants propose to build a new dwelling, after demolishing the existing dwelling that has existed since the 1940s. The relief requested is as follows: (a) for a setback of 71.3 feet from the bulkhead to the new deck and 80.8 feet to the new dwelling building line, at its closest points, and (b) for a side yard setback reduction 10 feet for the purpose of building a new stoop area on the north side as shown on the September 13, 2006 site plan prepared by Mark K. Schwartz, AIA. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant ot~ the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is planning to construct a new dwelling, after removing the existing dwelling with deck areas. The new dwelling will be 71.3 feet from the bulkhead instead of the 75 ft. minimum required setback, and is proposed to be in line with the neighboring waterfront homes, with the garage on the street side. The existing home is presently 63.3 feet measured from lhe bulkhead to the open, unroofed deck. The new open deck construction will be 71.3 feet, which is an 8 ft. minimum, reducing the degree of nonconformity to a great extent, requiring 3.7 ft, setback reduction from the code-required 75 ft. minimum from the bulkhead. The side yard will also be reduced to allow for a new stoop, at 10 feet from the property line at its closest point, and the opposite side yard is proposed to be conforming al a minimum of 20 feet. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. The variance granted herein is the maximum the Board will approve in this application. 4. The relief requested has been self-created, based on applicant's desire to build a new dwelling· 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's construction activities must conform to all otber agency permits and conditions of approval thai apply to this parcel. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. .RESOLUT ON 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 Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the September 13, 2006 diagrams A-l, A-2, S-1, end May 10, 2006 diagrams A-3 and A-4, prepared by Mark K. Schwartz, AIA, subject to the following condition: That the new one-story deck and Iwo-stbrv balconies remain open tQ the sky, with the exception of the open porch on the eastern side of the open deck area, contiouous to the livinq are~ Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diag,'ams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This ~age 3 - December 14. 2006 ZB File No. 5929 - M. Drews CTM No. 118-4-2 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. The above ZBA condi~on shaft be wdtten into the Building Inspectors Certi~cate of Occupancy, when issued by the Building Department. Vote of the Board: Ayes: Members Dinizio, Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). Ruth D. Oliva 12~2~06 Approved for Filing 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 6, 2009 Zoning Appeal No. 6282 Transmitted herewith is Zoning Appeals No. 6282 of Mark Schwartz for Michael & Robin Drews - 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, 2 Pages of Property Record Card, Copy of Application for Building Department Dated February 11, 2009, Notice of Disapproval from Building Department Dated February 11, 2009, Authorization Letter from Robin Drews to Mark Schwartz to Represent them in this Matter, Copy of Survey of Property Showing Concrete Foundation & Elevations & Setbacks Dated September 26, 2007 Prepared by Nathan TaR Corwin III, Land Surveyor, Real Property Tax Service Agency Map Showing District Section Lot & Block Prepared by Suffolk County, Drawing of Proposed Stairs & Deck Showing View & Floor Plans & Cross Section & Details Dated February 27, 2009 Prepared by Mark Schwartz, Expanded View at Site Plan Showing Existing & Proposed Construction Dated February 11, 2009 Prepared by Mark Schwartz. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4-6-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP I~ #6282 DREWS, M. & R. #6489 $200.00 (Additional amount due) A~,~ ? 2.009 South,~ld Town cTerE TOTAL $2oo.oo Sent via Inter-Office to Town Clerk by: pmk Thank you. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-5-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED #6282 DREWS, M. & R. #389 $400.00 !,tAR 5 2009 Sou,:hold Town Clerk TOTAL $400.00 Sent via Inter-Office to Town Clerk by: .pmk Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/07/09 * * * RECEIPT * * * Receipt: 44869 Transaction(s): 1 1 Application Fees Reference Subtotal 6282 $20000 Check#: 6489 Total Paid: $200.00 Name: Drews, Michael & Robin 105 Hemlock Road Short Hills, NJ 07078 Clerk ID: CAROLH Internal ID: 6282 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/05/09 * * * RECEIPT * * * Receipt/t: 42721 Transaction(s): 1 1 Application Fees Reference Subtotal 6282 $400.00 Check#: 389 Total Paid: $400.00 Name: Drews, Michael & Robin 105 Hemlock Road Short Hills, NJ 07078 Clerk ID: CAROLH Internal ID: 6282 OFFICE OF ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 REPLY FORM DATE: 3/4/09 8:30 A.M. TO: Mark K. Schwartz, A.I.A. Re: Date of Building Inspector's Notice of Disapproval: February 17, 2009 CTM 1000-118-4-2 (Drews Property) ( X ) The application is incomplete for the reasons noted below. Please furnish the following information as soon as possible in order that the application may be processed for the Board of Appeals. Thank yon. When possible (8 sets including cover letter):~a ~ Ot'~'~ X ~ Filing fe ance that is due to the Town; Check amount submitted $400. ~. ( X )/J Available survey showing existing property/building details as currently exist at the · .Oq ~'x'~ol~emis 1 ~ '~ "~q'~mi es w'th licensed surveyor information (name scale, date, etc.). ,ght eop es of ac.ve bmld ng pern t w,th approved survey or s,te map showing t~c~.~.e~t construction activities (missing £rom project description totTM questionnaire). ~ X ) Setback to bulkhead at closest point (setbacks do not match Building Inspector's Notice of Disapproval). ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D- 4), and copies of deeds dating back to creation of original lot lines for this property. ( ) Architectural map or updated survey showing buildable lot after deducting wetlands, and building lot coverage calculations of all existing and proposed areas: ( ) If the Building Inspector determines that the lot coverage calculations exceed the code limitation of 20% of buildable area, please advise how you wish to proceed regarding the setback variance application and forms. Thank you. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED MAR 2 3 2009 BOARD OF APPEALS 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 Municipal File Numbers Drews, Michael & Robin Erey, (Iskender) & Bengolea (Angelica) Babs Corp. 6282 6283 6284 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds 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) 8534044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March §, 2009 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 # 6282 Applicant's Request: Within 500 feet of:. Owner/Applicant: Drews, M. & R. Setbacks; Bulkhead ( ) 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, Encls. Gerard P. Goehringer ZBA Chairman 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.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 5, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6282 (Drews, M. & R.} Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. COUNTY OF SUFFOLK SOIL AN~ WATER CONSERVATION DISTRICT FAX: (631) 727-3160 June 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 Steve Lev~ . ~ A. TeNyenhuis !, i~ ' (6 727-2315 x3 RE: ZBA File REF. No 6282 (Drews, M. & R.) Dear Chairman Goehringer: As requested, a site review was conducted at 7425 Nassau Point Road in Cutchogue. The site was evaluated for potential natural resource concerns regarding the construction ora deck and platform and replacing existing stairs to beach with a landing on the bulkhead at the residence. At the time of this site visit, June 9, 2009, the platform and deck were under construction and near completion. However, there were no observed natural resource concerns. The setback appears to be in line with the neighboring structures. The property is situated on the Peconic Bay and is protected by a wooden bulkhead in good condition. The existing wooden stairs which lead to the beach were deteriorating. The bluffis densely vegetated, with bayberry honeysuckle and additional native plants; no erosion was observed. The beach was also in good condition. It is recommended that re-vegetation of disturbed areas is completed as soon as possible after construction with native plants and grasses. Additionally, it is recommended that while the stairs to the beach and the landing are under construction careful consideration is given not to disturb the existing vegetation. No natural resource concerns were observed with regard to the cons~uction of the deck and platform and replacing existing stairs to the beach and landing to this residence. If you require further assistance ~n th~s matter please don t hesitate to contact e. District Technician 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, 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 March 5, 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. #6282 (Drews, M. & R.) Dear Mark: We have received an application for construction of a deck and platform accessory structures 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 B y:~d,~ 7~t,~1~ Encls. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Principal Planner Date: June 19, 2009 Re: MICHAEL and ROBiN DREWS SCTM 118-4-2. ZBA File ref. No. 6282. dU l 2 2 2009 The proposed action is a request for variances based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for construction of deck and platform accessory structures at less than the code-required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue. 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 INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed 10'xi0' deck is 0' from the bulkhead and the 4' x 8' platform 18'; seaward from the bulkhead; a minimum setback distance of 75 feet is required pursuant to: Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3- 1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] In the event that the proEosed action is approved it is recommended that the following best management practice (BMP) be required to further the above policies: 1. Require that a minimum 10' landscaped buffer be established landward of the "top of slope" line. It is recommended that the landscaped buffer be planted with indigenous, drought tolerant, vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve ninety-five (95) percent ground cover within two years of installation. Survival of planted vegetation shall be (ninety) 90 percent for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Pursuant to Chapter 268; :the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 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: 10:50 A.M. MICHAEL and ROBIN DREWS #6282. Requests for Variances based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for construction of deck and platform accessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay, at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 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 4, 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 54375 Main Road P.O. Box 1179 Southold, New York 11971 0959 Telephone (631) 765-1802 Fax (631) 765-9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: ZBA FROM: Patricia Conklin, Pmt. Examiner ~/~ DATE: 6/24/09 JU~I 24 2009 RE: M & R Drews Application Per Town Attorney Jennifer Andaloro, please find Architects drawing of amended plan A-l, dated September 22, 2008, amending open dwelling permit (BP# 34543), of outdoor deck/BBQ & hot tub/pond. Also, find "as built" photos of same sent via E mail, June 17, 2009. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: DREWS, M. & R. #6282 MAP #: 118-4-2 VARIANCE: BULKHEAD SETBACKS REQUEST: ACCESSORY STRUCTURES DATE: THURS JUNE 25, 2009 10:50 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days b~;tween 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) JU~ 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 11 th day of June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOU'IHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoinng).Town of Southold, the fogowlng public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road~ BO. Box 1179, Southold, New York 11971-0959, on ~ 9:.45 A.M. DURANTE and ANNA GALEOTAFIORE g6286. Requests for Variances, based on an application for a building permit and the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA #5039 (Walz), and for the reason that construction is proposed with an increase in the degree ?f nonconformance with regard to exist- mg 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- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; CFM 1000-64-5-31. 9'.55 A.M. MICHAEL and KATH. LEEN MIGGINS # 6285. This is a Lot Waiver request un-der Article II, Code required rear yard~subjeet to (1) the new construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Pecodic Bay, at 7425 Nassau Point Road. Cutchogue~ CTM 118-4-2. 11.'05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Rug- gieri) g629L 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 lng a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-required minh~um 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; 1'1:20 A.M. SPIRO GEROULANOS #6290. 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 f~. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. DANIEL and NANCY FISCHER g6292. 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 R~.0 District~ for proposed Lots gl and g2; (2) ,the existing as-built (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'.30 PM. BABS CORP. # 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 accessory (barn) building on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction wig be less than the code-required minimum of 10 feet from two property lines (aide and r~ar lot lines), at 13105 Main Road, Mattituck; CTM 140-3-39. 1~45 P.M. ROMANELLI REALTY g6224 and g6100 - Continued hearings, pending additional informatiofi). Loca- tion of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; C~M 97-3-3.1 (formerly 97-3-3). The Board of Appeals will hear all persons, or their representatives, desi~ lng 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 e mail: Linda,Kowalski@Town. Southoldiny. us. Dated: June 9, 2009. ZONING BOARD OFAPPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 Southold, NY 11971-0959 day of ~'("~//~-(~ ~.* 2009. CHRISTINA VOLINSK~ NoiARY pUBLtC-STAIE OF NEW yORK NO, 01.V06105050 Quotlfled in 5u~tOtk County 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 June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE ~5, ~009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN. pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF PEALS at the Town Hall, 53095 Main Roe& EO. Box 1179, Southold. New York 11971-0959, on THURSDAY. JUNE 25. 2009: 9:45 A.~L DURANTE and ANNA GALEOTAFIORE #6286. Requests for Variances, based on an application for a building permit and the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA #5039 (Walz), and for the reason that construction 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- ty:2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-3L 9,55 A.M. MICHAEL and KATH- LEEN M1GGINS # 6285. This is a Lot Waiver request un'der Article II, Code ~c~i~ns 2fl0-10A and S~ction 280-11, based on an appl/cation for a building 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, Cutchogue; CTM 118-4-2. 11.'05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Rug- gleri) #6291. Requests for ~Variances under Section 280-124, based on an ap- plication for a budding 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-requfred minin)um 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. 1'1:20 A.M. SPIRO GEROULANOS ~6290. 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, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. 'DANIEL and NANCY MSCHER #6292. Requests for Vari- ances, based on an application to the Budding 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 40,00/) square foot lot size In the R40 District~ for proposed Lots #1 and #2 ;(2) .the existing as-built (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. 1:30 P.M. BABS CORP. g 6284. Re- quests for Variances, based on an ap- pbcatinn for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed re- construction of a single-story accessory (bain) 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-required minimum of 10 feet from two properly lines (side and rear lot lines), at 13105 Main Road, MatQtuck; CTM 140-3-39. 1'45 P.M. ROMANELI~ REALTY g6224 and ~6100 - Continued hearings, pending additional informatinrl). Loca- tion of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion 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 gearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by e mail: Linda. Kowalski@Town. Southold.ny. us. Dated: June 9.2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 day of ~ff'~Z'~ _~ 2009. k~/G~HRiS.i-iNA vOLINSK NO. 0~'VO61 05050 Qua~illed in Suflol~ county t~)OI~IING 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 mailing address or to deliver the letter to the current owner1 to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later th~n June 15'~i~: Pleas~ 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. office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtowa.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 Maili____ng A._ddres~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To: t~j~..,~ i ~Cm,j~-,~'~ ~=a~# ~--~tO Da,e= 1+3 SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordh~g) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ......... NOTES/COMMENTS: Please fLnd attached copy/copies of the following: Tha~dr you. Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- II ~> JUN 1 2 2009 7>~,~S "'4~' ~9 ~:;~ AF F i DAViT OF MAILINGS~ COUNTY OF SUFFOLK) STATE OF NEW YORK) { ~,..T¢/../f~' ~..~, New York, being duly sworn, depose and say that: ,.. On the ~.7~ day of ~) ~./Vg. ,200~, I personally mailed at the United States Post Office in ¢--~.."r-¢/¢.~.~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice ia prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offibial records on file with the ( ) Assessors, or ( ) County Real Property Office , for every street, property which abuts and is across a public or pdvate or/vehicular right-of- way of record, surrounding the applica.,oJ~s/p~perty.. Sworn to before me this II~"day of ~ ,200~ ~J (Notary Public) 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. Drews 118-4-2 Nassau Point Road~ Cutch CE & KF Irrovc Trust CE & KF Living Trust 7325 Nassau Point Road Cutchogue, New York 11935 118-4-3 Christian & Carol Zimmer 173 Wellington Pr,~mm j~ ~[ Garden City, New York 11530 118-3-3.1 Gail Hanley 7500 Nassau Point Road Cutchogue, New York 11935 118-3-4.1 John J. Stack Patxicia E. McCaffrey 444~'ParkAvenue~ /.~-/IT'- ~ New York, NY 10128-tn'~4}0 1 12. I1.1 ~ ~ F~ $2 .~ /,~,~ m nj Cer tilts{~ Fee ~ .~0 [:3 {Endomemeflt Required) $~.~0 r-1 ~ ~C ! A L U $ 5 $1.05 Totm p~tage & Fees $6.15 [::3 & ~lll~e Number PI Form 3811, February 2004 7008 1300 0001 7023 8178 I Com~ Item~ t.~ and 3. N.o (xmyplete nlm 4 If Relt~ Deave~y la deelred. ~ ~rd to you. ff YES, a'~' d.lvew ~ I~, 13No a. ~'m~pe [] Reg~ [] Inaumd Mall 0 Exp~Mam [] C.O.D. 4. RaM~'t ed De41ve~/~ ~(~r~ ~m~ r-lyeo Ps Form 3811, February 2004 7008 1300 0001 7023 8192 Don~m~ Return ~ · Complete Items 1, 2, and 3. Also complete Item 4 If Re(~rlcted Delivery is desired. · ~,;,,;. your name and address on the reverse Io that we can retum the card to you. · ~tach thl~ card to the back of the mailpiece, A. Signature ' ~. 'W (~,ve~ add;Be~ dreamer fn)m brn i?/'D Y~ if yES, enter de~beq/addre~ below: 2. At,cie Number ~-m~f~-fro~'v~.~ 7008 1300 0001 7023 8161 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Alan complete item 4 if Restricted Delivery is desired. · Print your name and address an the mveme so that we can return the card to you. · Attach ~his card to the back of the maJlpiece, n ~ent D. bldettvef3 [] Ye~ If YES, enter dallve~ [] No [] Certified Mall 1'3 F_.,q3mss Mall [] Registered [] Return Receipt for Merchandlee [] Insmed Mail [] C.O.D. 2. Article Number ?r~,~,~?~m~,~ 7008 1300 0001 7023 8185 PS Form 3811, February 2004 Domestic Return Recalpt 10~-~e~-0~-1~0 ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of f~he Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo-// F COUNTY OF SUFFOLK) STATE OF NEW YORK) I, /'~"~'/~' ~J"~'/l~,~,~'"-~- residing at (~ (.//7~ f/¢~'¢,,~, New York, being duly sworn, depose and say that: On the /~day of J~'~--./~. , 200~, I personally placed the · Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten-(lO) 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 rern. c~C'.,C, in pl/~c~.,~se_ve~days prior to the date of the subject hearing date"~'5)C2J~Ch'-ea~tC~l'JCCsh°wr~//~( (-¢~/~.(//Z to be .~¢'.r/¢~,~ - SwOrn to before me this ,¢.~ day of du~- ,200'9. ~'\ (~ary Public) *near the entrance or driveway entrance of my properly, as the area most visible to passersby.