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Home My WebLink About6304 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED $ p ?9 2009 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 22, 2009 ZB File # 6304 - Norman and April Wenk, Applicants Property Location: 415 South Lane, East Marion CTM: 1000-31-16-2.2 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 dated May 14, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 39,071 square foot parcel as shown on the Survey prepared by Nathan Taft Corwin dated November 21, 2008. The property is improved with a two-story, single-family frame house and a detached frame accessory garage. The property has a bulkhead that runs approximately 142 feet along Orient Harbor (Gardiners Bay) to the South, and the property abuts East Lane, South Lane, and four adjoining parcels. BASIS OF APPLICATION: Request for a variance from Zoning Code Section 280-116, based on the Building Inspector's April 22, 2009 Notice of Disapproval concerning proposed additions to the existing dwelling at less than the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay (Orient Harbor). LWRP: TOWN CODE CHAPTER 268 CONSISTENCY: A letter dated August 17, 2009 was submitted from the Town LWRP Coordinator addressing the variance requested, making the recommendation that the proposed action is consistent with the policy standards and therefore is consistent with the LWRP Code. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 27, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2 - September 22, 2009 ZB File # 6304 - Norman and April Wenk, Applicants Property Location: 415 South Lane, East Marion CTM 1000-31-16-2.2 AREA VARIANCE RELIEF REQUESTED: The applicant proposes to construct additions and alterations to the existing frame dwelling as shown on the drawing of the Wenk House, sheet number A-l, Site Plan dated November 19, 2008 and entitled 'Proposed Additions and Alterations' prepared by Mark Schwartz, A.I.A. A portion of the proposed additions will require a variance from the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay (Orient Harbor). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b~(3)(1). The proposed additions and alterations are landward, and are consistent to what exists in the neighborhood and therefore, granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighboring property adjacent to the proposed additions and alterations is heavily treed and vegetate~d on the applicant's property which will diminish any visual impact the proposed additions and alterations may have to the adjoining property owner. 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. The dwelling exists in its present location, and the proposed second-story addition to the existing first story at the desired location can only b~ achieved by acquiring an area variance. 3. Town Law §267,-b(3)(b)(3). The variance requested herein is not substantial. A portion of the proposed addition is proposed at 73.1 feet from the bulkhead, which will require a 2.5% variance which is not substahtial. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created insofar as it is the desire of the applicant to proposb construction of an addition in the location requiring a variance. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applibant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Cha rman Goehringer, and duly carried, to GRANT the,¥ariance as applied for, as shown on the site map and drawings of the Wenk House, sheet numbers A-1 through A-5 inclusive, entitled Proposed Additions and Alterations, prepared November 19, 2008 by Mark K. Schwartz, A.I.A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use setback or other feature of the subject property that may violate the Zoning Page 3 - September 22, 2009 ZB File # 6304 - Norman and, April Wenk, Applicants Property Location: 415 South Lane, East Marion CTM 1000-31-16-2,2 Code, other than such uses, setbacks and other features as are expressly addressed in this action, The Board reservb~ the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Boardi Ayes: Members Goehringer~.C. hairrrl'~, Si~Weisrn~an, and Schneider. (Absent was: Member Horning.) This Resolut. jon'TNas duly.~opt2ed ..G'E..I~P~[~D P. GOEHRINGER, CHAI. J;{MAN 9/z5¢/2009 /~_/,a~proved for Filing TO: Ma~k $cl~wartz for N 8: A Wcnk P O Box 933, Cuichogu¢, NY I 1935 FORM NO. 3 IOWA' OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, NY. NOTICE OF DISAPPROVAL DATE: April 22, 2009 RECE..'VED 2 3 200 BOARD OF AppE~i.s Please take n*otice lJ*mt your application dated April 21, 2009 For p,.rmit for Iddltions to an existing dwelling at Locatioa of property: 415 South La, aka Hucklcberoy Hill Rd.. E. Marion County Tax Map No. 1000 - Section .31 Block 16 Lot 2.2 Is returned herewith and disapproved on the following grom~&~: The construction, on this 39,071 sq. ft. lot in the R40 Dl~trict, is not permitted pursuant to Article XXIII, Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... exists & which are adjacent to tidal water bodies.g!her than sounds shell be sot back not ~less than 75' from the bulkhead.' The proposed additions ar tbs approx,mately.60' from the: bulkhead,i DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman May 14, 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, thc 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 impacL A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hamilton 6299 Ciaglo 6300 Connolly 6301 Chemushka (c/o Amy Martin) 6302 Bloethe 6303 Wenk (c/o Mark Schwatz) 6304 Franke (c/o Amy Martin) 6305 Myers (c/o Peconic Permit Expediting) 6306 Shinn Vineyard, LLC 6308 Sevcrini 6309 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P, O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54875 StaLe RouLe 25 (cot. Main Rd. & Youngs Ave.) SouLhold, NY 11971 MAILING ADDRESS: P.O~ Box 1170 Southold, NY 11071 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEZVED MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of A~eals From: Mark Terry, Principal Planner LWRP Coordinator-- AUG 1 $ £009 BOARD OF APPEAL~ Date: August 17, 2009 Re: ZBA file Ref. No. # 6304. NORMAN and APRIL WENK Location: 415 South Lane (a/k/a Huckleberry Hill Road), East Marion SCTM 31-16-2.2 Request for a Variance from Zoning Code Section 280-116, based on the Building Inspector's April 22, 2009 Notice of Disapproval concerning proposed additions to the existing dwelling at less than the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay. Location of Property: 415 South Lane (a/k/a Huckleberry Hill Road), East Marion. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. 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 AREA CALCULATIONS B×15flN~ POP, CH' P~c~,TP 59 ~T, IOTA. ~J.~L~, A~LISA: ~IZiS IDg ~, PT, SCTM# t000-31-16-2,2 ] Q SITE PI,AN 1"=20"0" ~oI~go ot= ~t.~ \ \ \ \ EXISTING \ \ \ Bo. ~.6' 30" % '-36.B2-' DETATL H ,T.$, MAP LEGEND EXISTING ~k~S'EORY D PORCH , \ FRAME HOUSE W/INTERIOR ,~ "'~RATIONS PHOTO PHOTO STRAW BALE DIKE DETAILS PHOTO "B" ROOP STORMWATER MANAGEMENT REOUIREMENTS T SILT FENCE DETAILS REVISIONS FINAL MAi REVIEWE[ ~EE DECISlt DATE~ S~: 1/4"=Y-O" job ~: NO~gR 19, 2008 S~ET NU~ER: A G SOUTH ELEVATZON G FOUNDATXON PLAN ~G SECOND Fs..~OR PLAN =INAL MAP REVIEWED BY ~ SEE DECISION # II DATED ~ '~ A-2 I{OUNDATION PlAN FINAL MAP REVIEWED BY ZBA SEE DECISION # /~3~ (~ ~RO01~ & KITCH~ INTI~IOR ~ ~rATION A-3 22ZZZZZZZZZZZZ_q£2~Z££u :INAL MAP :~EVIEWED BY ZBA ;EE DECISION # b~ DATED ? / 4,~ I~O~ ~ ~iO~H ~r ~VATION ~OUTH ~ ~VATION FINAL MAP I SEE DECISION A-5 APPLICAtiON TO THE SOUTHOLD TOWN BOA~OF APPEALS For Office Use Only R~C~I~) Date Assigned/Assignment No. JpNt3200B Fee: $ Office Notes: __ Filed By:. HouseNo. 415 Street South Lane Hamlet East Marion SCTM 1000 Section 31 Block 16 Lot(s). 2.2 Lot Size 39,071 Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s):. Norman and April Wenk MailingAddress: 62 Wellington Road Garden City, New York 11530 Telephone: 477-0315 Fax#: Email: nwenk@americancasting.com NOTE: In addition to the abov~ please complete below if application is signed by applicant's attorney, agent, architect, bulmer, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark Schwart z, Arehitect for (X) Owner, or ( ) Other: Agent's Address: PO Box 933 Cutchogue 11935 Telephone 734-4185 Fax0: 734-2110 Email:mksarchit ect @opt online, net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING1NSPECTOR REVIEWED MAP DATED 11/19/08 andDENIED AN APPLICATION DATED 04/21/09 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XX I I I Section 280- 116 Subsection Type of Appeal. An Appeal is made for: I~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, ~Xhas not been made at anv time with resnect to this or#perry, UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) RECEZVED REASONS FOR APPEAL (ad~tional sheets may be used with preparer's signature}: ~ PR 2 3 2009 AREA VARL4NCE REASONS: BOARD OFAPPEAi~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby propertiesifgranted, because: the granting of the rec~asted relief wxll .not create any cnan~e in the character of the neighborhood because the size and scale of this house is consistent with the neighboring houses. The existing house is a two story structure and the proposed project will expand the ~ootprint by only 393 sf and height of the new second floor roofline will match the roofline of the existing structure. (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: although the proj ecl proposes additions and alterations to towards the landward side of the existing structure, the work is still in a location within 75' of the bulkhead. (3) Theamountofreliefr~uestedisnotsubstanfialbecau~:the height of the proposed additions matches the existing roof height and the addional lot coverage is only 1%. (~ ThevaHance ~llNOThaveanadverseeffectorimpactontheph~icaloren~nmen~lconditions intheneighberhoodordistrictbecause:the project will implement a drainage system of drywells to capture and recharge roof runoff from the entire renovated structure and the project will create a non-turf buffer. Consequently, the project will result in a net reduction of flow rate and volume of runoff, fertilizers and other chemicals into Orient Harbor. (5) Hastheallegeddi~cul~beensel~created?()Yes, or (X)No. Are there Covenants and Restrictions concerning this land: {~ No. [] Yes (alease furnish covvl. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF/l USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE Sworn to before me thls~O day of~xfC ~', . ~0 ~.~__~. Signatur~of Apl~e[lant~t~/~thorized Agent (Agent must submit written ~utho~lzation from Owner) VlCKI TOTH . no. 0~T06190696 Com upalified, n Suffolk County rmssion ~xpires July 28, 20 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Mark Schwartz for Applicant:Norman and April Wenk Date Prepared: 03/10/07 I. For Demolition of Existing Building Areas Please describe areas being removed: no areas will be removed P-EC$1VED I~- ~D OF AppEAL~ Il. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: approx 20 ' x 18 ' Dimensions of new second floor: approx 14 ' x 24 ' Dimensions of floor above second level: none Height (from finished ground to top ofridgc): 26' existing and 26' proposed Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2 story house with Kitchen, Dinin_~ Rm. Livinq Rm. Den. 4 Bedrooms and 1 1/2 bathrooms Number ofFl00mandChangesWITHAlterati0ns: 2 story house with expanded Kitchen, Dininq Rm. Livin_cl Rm. expanded Den. 5 Bedrooms and 3 full bathrooms IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1816 s f Proposed increase of building coverage: 1% Square footage ofyour lot: 37441 sf {excludes area from high water to bulkhead) Pementage of coverage of your lot by building area: 5.9% V. Purp0seofNewConstruction: to expand the Kitchen and Den areas, create 3 full bathrooms, a Master Bedroom closet and one additional bedroom VI. Pleased~c~bethelandcon~u~(fla~s~pe %,heavi~ wooded, marsharea, e~.)onyourland andhow R rela~s~thedifficul~in mee~ngthecoderequirement(s): about 90% of the property is relatively flat with a steep sloped embankment on the south side. 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 WENK PROPERTY R~C~JV~D QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes 1~ No Are there any proposals to change or alter land contours? ~ No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 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: app]- J_cation subrn±tted and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel s in~lle family re s ident ial proposed use slng e ami y re identia expan ed, ily; proposed: same with garage or pool, or other description.) Authorized sigm~atre l{nd Date / / 2/05; 1/07 617.21 Appendix C State Environmental Qualit~ Review SHORT ENFIR O NMENTAI. ~$ESSMENT FORM For UNI,!STED ACTIONS Only PART I - Project Information (To be complete by Applicant or Proje~t'spomor) 1. Applicant / Sponsor 2. Project Name 3.' Project Jocation: BOARD OF APPEALs Munlclpallly County 4. Precls~ location (Street address and road Inteh~ectlons, prominent landmaflrs, etc. or provide/fi'ap) ia tuxE. rT 5, Is proposed action: l( ) NEW (~) EXPANSION (~) MODIFICATION I ALTERATION 6. Describe project briefly: _ 7. ~ou~t of land affected: IniBally:;¢{ acres; Ultimalely: acres 8. Wtil proposed action comply with e~stJng or other existing land use res~ctions:(~YES ( ) NO If No, describe bdefly: 9. W,.~Is present land use in vicinity of project: (describe): I(~)' Residential ( ) thdustHal ( ) Commercial ( ) Agricultural ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ul imate y from any other GoVernmental agency,(Federal State or Local) '(~YES ( ) NO If Yes, list agency(s) and permlVapprovals: / 12. As a result of proposed action, will exlstlng permit/approval require modlllca§on? I( ) YES ( ) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge stgna,ure: /~/L~./~7~- If the action is in the Coastal Are~, and~ou are a state agency, complete the Cqastal Assessment Form before proceeding with this assessment TOWN OF SOUTHOLD P~0PERTY RECORD CARD OWNER FORMER OWNER VILLAGE DISTRICT J SUB. J SEAS. ,2Gt v',,_. ~- FAP. M LAND IMP~ TOTAL DATE RES. LOT W 'P(PE OF BuILDiNG co~. I,ND. J Ca. J ~,SC. I NEW Form Tillable I Tillable 2 f2o Tillabl~ 3 Woodland Swamplmd B~h~and House Plot M. Bkl~. ExciSion ~ 0 I I Foundc~N~n Basement Ext. Walls Fire P]ac~ OWNER FORMER O'&~NER STREET ~ES. ~7o ef~ Oo Tilk~bl~ 2 ' '~/eoclkmd B rushla~i: ~-~ ~ot~e Plot IMP. NORMAL ABOVE Vol~ '-T VILLAGE I IND. DISTRICT ACREAGE TYPE OF BUILDING LOT Town of Southold A. INSTRUCTIONS 1. WENK PROPERTY ~(~V LWRP CONSISTENCY ASSESSMENT FORM 2 S 009 All applicants for permits* including Town o£ Southold agencies, shall comp~sO~C~ 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 o£ 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 standm-ds 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 ce~fied as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Pla~nln$ Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACrION SCT~VI~ 31 - 16 2.2 The Application has been submitted to (check appropriate response): Town oard P,a..iogO p,. [] Ba,di.g,eo,. oaedofTru. s I. Catego~ of Town o£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: Na~reandextent0fa~ion: Proposed first floor addition of 393 sf with a second floor addition of 300 sf to expand Living areas, add bathrooms and one bedroom Location of action: 415 South Lane Site acreage:. .897 acres Present land use: East Marion sinqle family residential APR ~ 3 2009 Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Norman and April Wenk Co) Mailing address: 62 Wellinqton Road Garden City, NY 11530 (c) Telephone number: Area Code ( ) 4 7 7 - 0 315 (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 n pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [] Yes ~ No [-~ (Not Applicable - please explain) This project entails additions and alterations to a sinqle family dwellinq on a Previously developed site in a heavily developed neighborhood. Policy 1 is not applicable to this project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) This project does not contain nor does the project affect historic or archeoloqical resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. RECEI'¥ED Attach additional sheets if necessary BOARD OF AppEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section IH - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) TO the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenance of the well-vegetated embankment buffering the developed portion of the site from Orient Harbor. Attach additional sheets ifnecessa~ NATURAL COAST POLICIES Policy 4. ]Minimize loss of fife, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes ~ No [] (Not applicable - please explain) This Droiect does not address nor affect erosion control str~cture$ or other erosion/floodina control intitiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section m - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) The proposed project iq ~n~istent w~th Poicy 5 via 3 major components: 1. installation of drywells to control and recharqe stormwater runoff, 2. upgrade the existing sanitary system to ensure effective treatment of sanitary waste, 3. retention of the existing vegetation on the embankment buffering the project from tidal wetlands, which is to be preserved permanentely and also protected from site disturbance during construction by a project-limitinq fence and staked haybales. 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) This project will be consistent with Policy 6 for the same reasons as Policy 5. Attach additional sheets if necessary BOARD OF ~' 6~ ~J o,~'" 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 Appli~ble - please explain) The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to this project. Attach additional sheets if necessao, Policy 8. Minimi,e environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The proiect will neither create nor require the handlinq of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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) As the project is limited to the upland portion of the property, landward of an embankment, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section HI - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No [] (Not Applicable - please explain) The project neither proposes nor affects the water-dependent uses. Policy 10 is not applicable to the project. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeoulc Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the livinq marine resources of Lonq Island Sound. Policy 11 is not applicable to the project. Atlach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section ~I - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain The project is neither situated on nor adjacent to aqricultural lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~'~ Not Applicable - please explain The project affects neither the use nor the development of ener.qy and mineral resources. Policy 13 is not applicable to the project PREPARED BY date APR 2 3 ZOOg 8OARD OF APPEALS APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is tO provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Schwartz, Mark K. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X 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 X 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 all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corpomte entity (when the applicant is not a corporation); C) an officer, director, panner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP BOARD OF AppE~~ Signature: //F(~A~I[. ~ Pdnt Name:'Mark Sc~trtz APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER attd OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X 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 X 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 bee, veen yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of ~A~ Print Name: APR ~ g 2009 8o, tl~ o~ ,~ppF~ts ' TOWN 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 /~C Expiration 20__ PERMIT NO. BUI~I~.ING PE~IT APPLICATION CHECKLIST Do you hlI~ 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 Building Inspector /~PR 2 3 2009 APPLICATION FOR BUILDING PERMIT ~ o~ a. This application MUST be compl~tel~ filled in l~y type~riter'°r in ~ ink and submitted t~ the'Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationsl~p to adjoining premises or public streets or Yeas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of'this application, the Building'Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in par~ 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 with~ 18 months from such date. I£no zoning amendments or other regulations affecting the Property'have be~n-e?acted in the interim, the Building Inspector may authorize, in w~it'~g, the extension of` the permit for an addition. Six m~nths. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for t~e ~ssuance of a Building Permit pursuant to the Building Zone Ordinance of` the Town of` Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmcti0n 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 regulatip,a~t, and to admit authorized inspectors on premises and in building for necessary inspections. .,,~/~.,/ . ,, / ~ (Signature of applica~ o[ name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) If applicant is a corporatkm, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: 4..15 ..q u c /I,:/ f- . ;,7- House ~umber Street County Tax Map No. 1000 Section Subdivision Hamlet Block /~ Filed Map No. Lot ~.~ Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy St/~.j~'~ /~',,q,~gt;,~ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building_ Repair Removal Demolition Addition Other Work 4. Estimated Cost 5.. If dwelling, numberof dwelling units If garage, number t)f cars Alteration (Description) ~ Fee ' ,, (To be paid on filing this application) Number of dwelling units on each floor i If business, commercial or mixed occ~pan_c~y; specify namr~ ~d ~exten! of each type of use. Dimensions o f e~xis~ing~stmc~t~tre~ss ~¢roate'' Re~ Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire newkc'0hstmction: Front Rear Height Number of Stories 9. Size oflot: Front 5~-----,/CIJ~ROtFaz~ ¢ Depth Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ ~ O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES y NO 13. Will lot be re-graded? YES NO ~X~ Will excess fill be removed from premises? YES ~(~ NO 14 NamesofOwnerofpremises ~/(.J~ Address PhoneNo. 477" ' Name of Architect ~) C/'/(,~')t~/~ ?~ Address Phone No Narae of Contractor Address Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property~within 3'00 feet of~t tidal wetland? * YES ~'/ NO__ * IF YES, D.E.C. pERM.ITS,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 ) ~:~/t~ J~/~/1~/~/~ r ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (Con,~'actor, .~.gent, Cc~rporate OffiCer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn_to before me this ~. ' ..~ dayo/f..---../ ~.(X,-~ 20 0tS~' Notm:y Public .... ~1.1~$19..06_95 . L~ignattut~oCApphcant commission [xpire~ lulv n. ,.,', r .':'-'iF'E '~.2 ~-_~,.;'~ur-*.r ,-4~' '2, 'i;, .t, k~.,O'7, s 2r:4Q 5U~ I-. ,.0. m.X t.,4AP-I~ ~PR ~ ~ 80ARO OF APPF. AL~ Mr. and Mrs. No~ man Wenk 62 Wellington Road Garden City, NY 11530 April 22, 2009 To Whom It May Concern: I, Norman Wenk, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Zoning Board of Appeals, Southold Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and the Southold Building Department. The proposed residential additions/alterations construction project is located at 415 South Lane, East Marion, New York. Norman Wenk PHON~ NO. : 631734~110 NORMAN WENK APRIL WENK 62 WELLINGTON ROAD GARDEN CITY, NEW YORK 11530 Au~. 1~ 200~ 10:3~AM Pi AUG 2 i 2009 Mark Schwartz ARk-Architect, PLLC PO Box 933 Cutchogue, New York 11935 Dear Mr. Schwartz: In regard to the letter you received from Wanda Senko, please note that we would like to reply to her concerns since nothing in her letter is true or accurate. First of all, we and no one else has ever removed rocks from a rock jetty and placed them against our bulkhead. Coastal erosion of our beach and their beach is a direct result of Mother Nature's untimely decisions regarding hurricanes, northeasters, southeasters and moon tides. Sometimes there is an opposite effect amd the beach accumulates sand. Also, no one ever spoke to us about ty/ng h~to Senko's new bulkhead (circa 1.995). We replaced our new bulkhead in 1996-97. Both bulkheads are the same as they have 'always been for 50 + years. Our new addition to our house has nothing to do with any saud or coastal disturbance. We never have any tracks or vehicles come to our house through Huckleberry Hi/1 Road. Our driveway entrance is on South Lane, Norman and April We~k Zoning Bo~d of Appeals To~ of Sou~old ~Ge~d P. Goe~nger, Chai~ 54375 Main Road Sou~old, NY 11971-0959 De~ Mr. Goe~nger: Herewith kindly find copy of Fax forwarded to Mark Schwartz & Associates, AIA, regarding the request for variance regarding the property owned by Norman and April Wenk #6304. We would be grateful ifa professional opinion were to be rendered regarding the state of affairs, i.e. the rock jetty and the situation of displacement of land during the building process. We do not know if we will be able to attend the hearing. Our son who is our business associate has recently had heart valve replacement and of the last few weeks, suffered detachment and striation of leg muscle from the bone and knee cap. His wife is presently on chemo therapy and both need support not only for themselves but their young children. Should our efforts to be present at the Public hearing on Thursday, August 27, 2009 fail, we would be grateful to have our concerns presented. Thank you for all courtesies extended. Respectfully, Wanda M. Senko Adjacent property owner 89 Peninsula Boulevard Hempstead, New York 11550-4990 1-516-481-7460 Fax 1-516-481-7967 213-215 Bedford Avenue Brooklyn, New York 11211 1-718-388-4416 jsenko~attglobal,net 213 Bedford Avenue Brooklyn, New York ]1211 Tel.: 718-388-4416 89 Peninsula Blvd. Hempsfead, New York ] 1550-4990 To: Mark Schwartz & Associates Name: Phone Number: 1-631-734-4185 Fax number: 1-631-734-2110 Date sent: August 16, 2009 International Shipping Professionals Since Number of pages including cover page: 1 RE; WENK HOUSE For Review Please Reply Dear Mr. Schwartz: Thank you for your registered letter. Kindly be advised that we have some concerns regarding the referenced location. Te1.:516-481-7460 Fax: 516-481-7967 Emoil: jsenko(~ottglobal.net Consistent removal of the rocks from the rock jetty by the Wenk's. and placing said rocks against their bulkhead on their property. Coastal erosion of our beach due to this behavior. We have fragments left of our former beach. ..... . .: ,., }.~' Wh~ n our new bulkhead was put in, they were notified by the builder of t!le need to correct their bulkhead situation and we offered to 2009 hay, it tied into our bulkhead for additional strength benefitting botl properties. They refused and continued to remedy their &.}ct-/ situ tion by dismantling the rock jetty. · ': W6;r ow have a very fragile ecological situation which needs great ....... at-{ention. We are questioning whether our home will be shifted from its position due to the great disturbance of the soil (sandy) by the proposed addition. Take Notice: no trucks or building vehicles are allowed on our private road, Thank you for your kind a~ntion.. _ to the above..~_/j3 Cc: Town of Southold Zoning Board of Appeals. IMPORTANT NOTICE: THIS MESSA6E IS INTENDED SOLELY FOR THE PERSON TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL, PRIVILEGED OR PROTECTED BY LAW. ALL OTHERS ARE HEREBY NOTIFIED THAT RECEIPT OF THIS MESSAGE DOES NOT WAIVE ANY APPLICABLE PRIVILEGE OR EXEMPTION FEOM DISCLOSUEE. ANY COPYING, DISSEMINATION OE DISCLOSURE OF Tills COMMUNICATION fS PROflIHITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT 516-481-7460 AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS PRINTED ABOVE VIA OS MAIL ~E 50.4' 56.7' I I / \ / I I / uJ PH D ~ ~ 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 1, 2009 RE: Zoning Appeal No 6304 Transmitted herewith is Zoning Appeals No. 6304 of Norman & April Wenk the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Application's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form (2 sets), Transactional Disclosure Form submitted on April 20th, 2009 name on Form is Mark Schwartz, Transactional Disclosure Form submitted on April 23~d, 2009 name on Form is Norman B.Wenk, Application for Building Permit Dated March 20th 2009, Notice of Disapproval Dated April 22ha, 2009, Authorization Letter from Norman Wenk to Mark Schwartz (Architect) to represent him in this matter Dated April 22"d 2009, Property Card ( 3 Pages, Photos (4 Pages), Site Plan Drawing Dated November 19th, 2008, Survey of Property Dated November 21, 2008, Proposes Additions and Alterations Plans Dated November 19m 2008 (4 Pages). Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/27/09 * * * RECEIPT * * * Receipt~: 46735 Transaction(s): 1 1 Application Fees Reference 3479 Check#: 3479 Total Paid: Subtotal $400.00 $400.00 Name: Wenk, Norman 415 South Lane East Marion, NY 11939 Clerk ID: CAROLH Internal ID: 3479 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailin~ 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 May 7, 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. #6304 (Wenk, Norman & April) Dear Mark: We have received an application for additions and alterations to existing structure. 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. Your written~gvaluation with recommendations for this proposal, as required under the Code procedU~res of LWRP Section 268-5D is requested within 30 days of this letter. Thank you. Very truly yours, Encls. Gerard P. Goehringer Cha~a~ By: { ~ ~ 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 April 30, 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 #6304 Owner/Applicant: Mark Schwartz for N & A Wenk Action Requested: Additions/alterations Within 500 feet of: ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Beundary 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: WENK, N & A # 6304 MAP #: 31.-16-2.2 VARIANCE: SETBACK FROM BULKHEAD REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, AUG. 27, 2009 9:55 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF $OUTHOLD:NEW YORK In the Matter of the Application of - (Name 6fA'pplicants) CTM. Percel #1000- .X AUG 1 4 2009 a°~o AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~UT'-C./'~,(.~, New York, being duly sworn, depose and say that: On the 1~7~ day of _/~6~/' ,200F, I personally mailed at the United States Post Office in C~.T~ ~ ~'~,,~ , New York, by CERTIFIED MAll., RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the,,(~Asse~sors, 'or ( ) County Real PropertY Office' for every property which abuts and is across a public or pdv~ way of record, surrounding the applicant/~a~ ~/~/,~z~. .,~i (si Sworn to before me this dayo, (Notary Public) ' et, or vehicular right-of- ~ature) CONNIE D. BUNCH Notary Public. State of New York No. 0]BU6185050 qua ifi~ in Suffolk County ~,ommlsslon I:xpires Apd114, ~'0. / PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers · next to the owner names and addresses for which notices were mailed. Thank you. 6o3 ru Certified Fee r-I Retum Receipt Fee (EndOrsement Requimci) $ $1.05 ~ $2.80 11 $2.30 Here $ $6.15 0811312009. $1.05 $2.00 ' mr-1 (Endorsement Rsquired) $~,~)' Here m Total Pos~ags & F~ $6.15 08Y13/200~ J ~T~Y)i~) A L U $ E J $1.05 $ $1.05 $2.80 $2.30 $0.00 $ $~.15 $1.05 0935 $2,80 11; $6,15 QS/13/2(X)9 ~i · O~ ll~es 1, 2, and 3. Also complete ~ 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so tbat we can return the card tx~ you. · Attach this card to the back of the maJlpiece, 7008 P~.fn'~d Name) C. D~e of De//t,~ 3. Sewice Type [] C~ Mail [] F-xpme~ Mall [] Registered [] Return Re~alpt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted D~ive~r~ (Extra Fee) []Y~ ,300 0001 7025 1375 PS Form 3811, FebnJary 2004 Domestic Retum Receipt · Complate iteme 1, 2, and 3. Nso complete Item 4 If Rest~cted Delivery is desired. · Print your name and address on the reverse so that we can return the crud to you. · Attach this card to the back of the maJlpisoe, or on the front If space permifs. 1. Article ~u~clre~d to: PS Form 3811, February 2004 [] RegUlated [] Return Re~alpt for M~i~ ~ O m~ ~ O C.O,D. ~ ~ ~ 7008 1300 0001 7025 2273 · C.~ items 1, 2, and 3. Also complete Item 4 if Restricted Delive~j is desired. · ~ ~ name and address on the mveme eo tbat ~ can return the card to you. · Attach this card to the back of the mailpisoe, or on the front it space permits. [] Addms.~e ~ y ( P~foted Name) . Date of Delive~ ~ ~,~ ~ D. l, d~lvmy address diffemat Eom Item 17 [] Y. ~ ~ ~1~ If YES, enter delivery address below: D No ,. Form 3811, February 2004 3. Savlce lype [] Ce~ Mall [] Express Mall [] Regletered [] Retum Receipt for Memhandise [] Insured Mall [] C.O.D. 4. Re~bicted Delivery? (Ex~ra Fee) [] Yes 7008 1300 0001 7025 1412 Domestic Return Receipt T i2:i9 6317659064 ZON ZNGBDOFAPPEAL$ PAGE 05/0~ ZONING BOARD OF APPEALS · TOWN OF $OUTHOLDiNEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding POsting of Sign upon Applicant's Land Identified as 51. 14;' COUNTY OF' SUFF'OLK) STATI: OF N.I~W YORK) .... C.(/~j~i/~c,~ , York, being duly sworn, depose and say that: New T' O~.!he. ~(~7~ da.y..or,.'~,~,~ l f, 200~1 pei',~on.lly placed the own s OlTiOial I-'oater, wim me aate of headng and nature of rny app ication noted thereon, seCurely upon my property, located ten,(tO) feet or closer from the etreet or right-of-way {driveway erlf~ance) - facing the street or facing each or right-of-way entrance;* and that I hereby confirm tha. t the Poster has re~O~j~n ple~;~ vs prior to the data of the subject hearing da earl d s ~wt~ to be ' ~wg/'n to befor~ me thi~ (Notary Public) CONNIE D. BUNCH Notmy Public, State of New York No 01BU6185050 ,,__ qua!ifi~ in. Suffolk County uummlsslon i~0lres April 14, *near the entrance or driveway entrance of my property, as the area most visible tO passersby. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 13t~ day of Auqust, 2009. ~dncipa~ Clerk Sworn to before me this ~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 29, 2009 Re: Town Code Chapter 55 -~ Public Notices for Thursday, August 27, 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 August 10th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center,' Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, providinq the returned letter to us as soon as possible; AND not later than Au.qust ~lth: Please either mail or deliver to our office your Affidavit of Mailing (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 Au.qust 19th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office before August 25, 2009. If you are not able t9 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, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 $ 3°f Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI~OLI) Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 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~ AUGUST 27~ 2009: 9:55 A.M. NORMAN and APRIL WENK # 6304. Request for a Variance from Zoning Code Section 280-116, based on the Building Inspector's April 22, 2009 Notice of Disapproval concerning proposed additions to the existing dwelling at less than the code-required minimum of 75 feet from the bulkhead adjacent to Gardiners Bay. Location of Property: 415 South Lane (aJkla Huckleberry Hill Road), East Marion; CTM 31-19-2.2. 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: August 3, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 LANF~ J75 82°46,30" 36,87/ NOTES: 1. ELEVATIONS EXISTING 2. FLOOD FLOOD ZONE AE: ZONE X: SURVEY OF PROPERTY SITUATE EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31-16-2.2 SCALE 1"=20' NOVEMBER 21, 2008 AREA = 39,071 sq. ff. (TO TIE LINE) 0.897 ac. CERTIFIED TO: NORMAN WENK, III APRIL WENK EXISTINO ZONE INFORMATION TAKEN FROM: INSURANCE RATE MAP No, 36103C0177 G EtASE FLOOD ELEVATIONS DETERMINED AREAS DETERMINED 70 BE OUTSIDE 500-YEAR ARE REFERENCED TO N.O.V,D. 1929 DATUM ELEVATIONS ARE SHOWN THUS:s.P CONTOUR LINES ARE SHOWN THUS: FLOODPLAIN. RECEZVED BOARD OF APPEALS THE EXISTENCE OF RIGHT OF WAY~ N,Y,S, Mc, No. 50467 Nathan Taft ( Land Surve PHONE (631)727-2090 Fax (631)727 ~tARION LAKE ~!ARIOtl LAKE