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HomeMy WebLinkAbout6240 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 RECEIVED Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINA~q 1 1 2009 MEETING OF MARCH 5, 200~ $outhd d ZBA # 6240 - Phyllis Kaufer Location of Property: 3175 Nassau Point Road, Cutchogue CTM 104-13-12 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 December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS: The property is approximately 100 feet width with frontage along Nassau Point Road, and approximately 412 feet deep to rear lot line adjacent to Little Peconic Bay. The property is improved with a single-family, one-stow frame house and detached one-story garage, as shown on the November 15, 1996 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPLICATION: This application is based on the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- stow accessory garage which will exceed the code limitation of 750 square feet under Section 280-15C, as proposed with 1,440 square feet. Findings of Fact The Zoning Board of Appeals held a public hearing on this application on February 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the Page 2-March 5, ZBA # 6240 - Phyllis Kaufer CTM 104-13-12 property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Area Relief Requested: Proposed construction of detached 24' x 60' garage, totaling 1,440 square feet, instead of the maximum code-permitted size of 750 square feet. The height of the building will be as per code. Amended Relief: During. the February 19, 2009 hearing, the applicant indicated that if the application is not granted as applied, an alternative 1,104 square foot for a 23' by 48' garage building would be accepted (with height per code) in the same location with a minimum 15' side yard setback, as shown on Ronald Pascal Constantine, R.A. Map A date-stamped by ZBA March 3, 2009, showing the owner's hand-drawn changes for same. 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 grant of the variance as originally requested would produce an undesirable change in the character of the neighborhood. Improved properties in the immediate area can be affected by the size of the proposed detached garage, although the applicant's property is unique as to topography of the lot creating a limited building area. The property consists of a limited building area, based on the large kettle hole (depression) to the south of the driveway leading from Nassau Point Road to the area of the proposed site of construction. As discussed at the hearing, the only structures of similar size in the area were built prior to zoning code requirements (pre 1957). During the hearing, the applicant agreed to accept an alternative plan for a four-car 23 ft. by 48 ft., 1,104 square foot garage if the application were not approved as applied. 2. Town Law §267-b(3)Co)(3)(2). The benefit sought by the applicant can be achieved by some other method for the applicant to pursue. The applicant could build two separate buildings with 750 square feet each. Since he has an existing garage, he would rather build one new four-car garage, creating two accessory structures on this parcel instead of three or more. 3. Town Law §267-b(3)(b)(3)(3). The amount of relief as requested is substantial, with a 67% increase in square footage. The alternative relief granted is also substantial, being a 47% increase in size of the code required square footage on this +/- 43,000 square foot lot. 2 Page 3 -March 5, ZBA # 6240 - Phyllis Kaufer CTM 104-13-12 4. Town Law §267-b(3)(b)(3)(5). The difficulty is self-created, as the applicant wishes to build a garage larger than the code allows. 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. This determination is based upon the limited building area caused by the unique topography of this lot. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Oliva, and duly carried, to DENY the original plan, and to GRANT Alternative Relief for a maximum 23 ft. by 48 ft. garage building (without the need to reapply with new plans), subject to the following Conditions: 1) Maximum height of structure as per code (indicated at 22 feet), 2) Structure shall contain only the utility of electricity, 3) Structure shall be utilized only for storage purposes. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or futm'e use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features Page 4 -March 5, ZBA # 6240 - Phyllis Kaufer CTM 104-13-12 as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:~mbers Go~ri~map), Oliva, Simon, and Weisman. (Member~chneider ~:b~t~ined.) TJ~R~olution was duly 2vRD P. GOEHRINGER, CI-I~ IRMAN 3/2/2009 ed as Applied 4 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 9, 2009 Mrs. PhylliS Kaufer 21 Bedford :Ave Rockville Centre, NY 11570 Re: ZBA File No. 6240 - Phyllis Kaufer, Application Dear Mrs. Kaufer: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's March 5, 2009 meeting. Please be sure to proceed in the next step through the Building Department for zoning and other reviews and/or a building permit or other document concerning your building permit application. Than,k you. Very truly yours, Linda Kowalski Encl. Oct 21 08 09:51a 516-867-85881~ p.1 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL RECEIVED DATE: October 6, 2008 TO: Phyllis Kaufer 21 Bedford Avenue Rockville Center, NY l 1570 Please take notice that your application dated October 1, 2008 For a permit for an accessory garag.¢i Location of property: 3 175 Nassau Point Rd., Cutchogme County Tax Map No. 1000 - Section 104 Block 13 Lot 12 Is returned herewith and disapproved on the following grounds: ~ of this accessor d. etached~ndicates a total squar_e foo~ of ~ Section280-15 c the maximu~ ~e allowed on lots 20 000 to 60 000 square feet shall not e~xceed 750 square feet_. Authorized Signature ? FORM NO. 3 ~ ~ED, TOWN OF SOUTHOLD BUILDING DEPARTMENT '~ loll 4[ O ~ NOTICE OF DISAPPROVAL ,<~.~[ C*4L~ ~' DATE: October 6, 2008 . . , TO: Phylhs Kaufer - 4 ¢ q ~- ~ l a (' z '¢ v ,~ ~ %~ (~ ~'~V,~ Vl~ 21 Bedford Avenue ~,~ .... ., Rockville Center, NY 11570 v~ ~ ,,~ ~ ¢o ~, Please take notice that your application dated October 1, 2008 For a permit for an accessory garage; Location of property: 3175 Nassau Point Rd., Cutchogue County Tax Map No. 1000 - Section 104 Block 13 Lot 12 ls returned herewith and disapproved on the following grounds: The proposed construction of this accessory detached garage indicates a total square footage of 1,440. Pursuant to Article XXIII, Section 280-15(c), the maximum square footage allowed on lots 20,000 to 60,000 square feet shall not exceed 750 square feet. Authorized Signature 8uldi~ T~pe New TYPE RATING ~ FOR BU~L~ING ELEMENT~ o 2O 18 ~2 16 14 12 12 12 12 WOOD FRAME CONSTRUCTION MANUAL ANSI/AF&PA 2001 EDIT;ON panel edge. ff walt she~ing is nailed 3'* om.cenler at ~ ~ ~ ~ ~n mai~ ~e Io~ ~, ~ w~l ~i~ is ~s over ~n~ ~r ~ ~ sh~l ~ ~iff~ to be ~uc~ to ~-1~ MI ~f~ F~ ~ ~ ~1~ s~ M ~v~ s~, ~, alumi~ or~ ~ n~, ~ni~ 12 g~ ~ w~ a ~ ~ d~ ~d, ~ F 1~, ~M ~h ~ ~ m~ ~dl a m~um ~4 ~ in to the ~ s~i~ ~ ~e ~ shee~ sh~ ~m~y ~ ~ F 1~. ~aE ~i~ ~ have ~ m~ ~ ,~2 , t ,..,,~.Lt' Itt t,4 ~. (, 4- ':'L", · I 'l 5Lql~ II APPLICATION ~THE SOUTHOLD TOWN BOARL~ APPEALS Fee: $ Office Notes: __ Filed By:. For Office Use Only Date Assigned/Assignment No. Parcel House No. 3175 Street Nassau Point Road Hamlet Cut SCTM 1000 Section 104 Block 13 Lot(s). 12 Lot Siz, q3,' '73 fl Zone R3 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 10/08/2008 Applicant/Owner(s): Phyllis Kaufer Ma~ing Address: 21 Bedford Avenue, Rockville Centre, NY 11570 Telephone: (516) 318-6341 NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: Stewart Kaufer for (~X) Owner, or ( ) Other: Address: 21 Bedford Avenue, Rockville Centre, NY 11570 Telephone: (516) 318-6341 Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s) I~ Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 10/08/2008 FOR: r~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ××.T; Section 280- 15 (c) Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other prior a~l~peal · has [] has not been made with respect to this property UNDER Appeal Nq,,..4'~9Year 1997 . (Please be sure to research before completing this question or call our office to you.!._ I REASONS FOR APPEAL (additional sheets may be used with preparer's signature): ZBA File g AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of tq detriment to nearby properties if granted, because: Large existing trees an block view from side neighbor and street. ,glg|glaborhood or a (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: As a classic and antique car collector, I need a secure and dry space for my collection. (3) The amount of relief requested is not substantial because: The structure will not be unusual for our neighborhood. ~) Thevariance will NOT havean adverseeffectorimpactonthephysicalorenvironmentalconditions ~theneighborhoodordistrictbecause: There will be only four trees taken down and scrub brush. The garage will be sided in a color that will blend into the natural. surroundings of our wooded frontage. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Are there Covenants and Restrictions concerning this land: 7G No. [] Yes (please furnish copy). 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. Clteck this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~ur a~rn~/.~ ,~ ../~ Si~'"~ture of~Apl~ellantjllf--A"~horized Agent (A~(nt must submit written,Aqithorizatlon from Owner) Sworn to before me this /~, ~ Not ai:y Public MAUREEN E. CAMBA NOTARY PUBLIC, State of New York No, 31-8361035 Qualified in Nassau County Commission Expires December 31, ~/O Page 3 Assigned Application No. Application by: Office Notes: f B: REASONS FOR USE VARIANCE (~f requested): N/A o,~ ~o~ o? ~,pp~r.~s For and Every Permiffed Use under the Zoning Regulations for the Particular District Where Located (please consult your attorney before completing): 1. Applicant ~nof realize a reasonable return for each and every permitted use under the zoning reg, the particular district where the property is located, demonstrated by comic The applicant CANNOT realize a REASONABLE RETURN because: (describe on a se ~eet). 2. The alleged hardship to the property is unique because: 3. The alleged hardship does not because: to a substantial portion of the district or neighborhood 4. The request will not alter the essential of the neighborhood because: 5. The alleged hardship has not been 6. This is the minimum relief necessary, while at the same time character of the neighborhood, and the health, safety explain on a separate sheet if necessary.) and protecting the the community. (Please 7. The spirit of the ordinance will be observed, public safety and welfare substantial justice will be done because: (Please explain on a separate st secured, and ( ) Check this box and complete PART A, Questions on previous page fo apply __ VARIANCE STANDARDS. {Please consult your afforney.) Otherwise, please proceed to si.qnature and notary area below. Sworn to before me this/4~~ (N~t~alJ'~3~,C~AMBA . . NOTARY pUBLiC, State of New YOrK No. 31-8361035 Qualified In Nassau Coun~ Commiss~n Expires December 31, ~/~ S~ature o Appe!lant ,o~)/A. uth.orized Agent (Agent must submit Aut~/onzahon from Owner) ZBA App ~/30/0~ ~EA Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Phyllis Kaufer Date Prepared: 08/12 I. For Demolition of Existing Building Areas Please describe areas being removed: bi/A /2008 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 74 x fi0 Dimensions of new second floor: 24 x 60 Dimensions of floor above second level: bi[A Height (from finished ground to top of ridge): 22 ' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: bio lII. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: 14/40 Square Feet Square footage of your lot:~t~/~ , Square Feet Percentage of coverage of your lot by building area: V. Purpose of New Construction: Mew garaee to house antique and classic cars with storage above. VI. Please describe the land contours (flat, slope ~/o, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code reqUirement(s): N/A 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 QUESTIONNA]R.E FOR FII JNG WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes I]r2qo Are there any proposals to change or alter land contours? gl No Q Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? lqo 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? ~q/^ 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: 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? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? lqo (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 construct/on taldng 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 and proposed use additional mara~e plg's: existing: single-family; proposed: same with garage or pool, mr othe~ description.) Au~rize ~t ~m'la(-ur ~ an~]~ate Please list present use or operations conducted at this parcel ~x~ rating single family with 2/05;1/07 "Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT ZONING All applicants for permits* including Town of Southold agencies, 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 mini~terial permits not located within the Coastcd Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action hst, policies and explanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold To,un). 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 LWT, P policy standards and conditions. If an action cannot be certified as consistent with the LV, rp._P policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town ofSouthold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, ail local libraries and the Town Clerk's office. B, DESCRIPTION OF SITE AND PROPOSED ACTION scm# lO 0 i Oq - The Application has been submitted to (check appropriate response): TownBoard ~1 Planning Board [--] Building Dept. [] Board ofTrustees [] 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital cons~a'uction, planning activ/ty, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (c~-- Permit, approval, license, certii%~io-r~i ...................... Nature and extent o f action: Present land use: Lf'~ {/~ Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provkted: (b) Mailing address: (-~t) ~'~tl~5 i (c) Telephonenumber:AreaCode( ) {d'~l - (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, wt-dch state or federal agency?_ C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. ~-~Yes [--q No [-q Not Applicable Attach additional sheets if necessary Polmy~e~TTi~t'~t-~rl~r~g'~-tv~ lai~lg~i-¢-a~d arch~i~o olb~gi~l resources o~[lh~-TbS~fi%T3outhold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No [~. Not Applicable "Afi'ach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [-~ No ~ Not Applicable 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 III - Policies Pages 8 through 16 for evaluation criteria Yes rq No ¢ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Soutbold. See LWRP Section III -Policies Pages 16 through 21 for evalnation criteria Yes ~] No .[~ot Applicable Attack 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 III - Polieiesk. P~3_ages 22 through 32 for evaluation criteria. I Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. Se Pages 32 through 34 for evaluation criteria. Section III - Policies / Attach additional sheets if'necessary Policy 8. Miuhnize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [-q Y~es [--] No ~] Not Applicable PUBLIC COA. ST 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 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. At'~aeh additional sheets if necessary Policy 11. Promote sustainable use of living marine., resources in Long Island ----~2_: :.: .~'~$he~.'.~Q,~l,~'c,,t~stharsj Y and Town waters. See LWRP Section III - Pohc~es; Pages 57 through 62 for evaluation cri-i~h~7'. [~ Yes ~--] ~o [3c] ~ot ^pplicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Attach 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. Not Applicable Yes Created on 5/25/05 ]1:20 AP[ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UTVZISTED ACTIONS Only PART I - Project kffon:nation (To be complete by Applicant or Project spomor) 1. Applicant / Sponsor 2. Project Name RECEIVED 3. Project location: Municipalit7 -~"ot)~'l~d County ~ ¢ ~ i 14... ~'~ Precise location (Street address and road intemectJons, prominent landmarks, etc. or provide map) Is proposed action: ~,,) NEW ( ) EXPANSION ( ) MODIFICATION / ALTERATION ] / 6, Describe project bdefly: 7. Amount of land affected: Initially: acres; Ultimately: acres [ 8. Will proposed action comply ,Mth existing or other existing land use restdctions:('k,/) YES ) NC) If No, descdbe bdefly: 9. What is present land use in vicinity of project: (descnbe): Residential ( ) Industrial ( ) Commercial ( ) Agdcutiurai ( ) ParkJForest/Open Space ( ) Other 10. Does action involve a permit approval or f~nding, now or ultimately from any other Governmental agency,(Federal, State or Local) ( ) YES ( ~0,,NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently vatid permit or approval? ( ) YES ('"~) NO If Yes, list agency(s) and permitJapprovals: 12. As a result of proposed action, wtil existing pefTnit/approvai require modi~ca~on? YES ( ) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kRowledge Applicant / Sponsor Name: ~,2,~//[ ,,,,~ ,/;,,¢,~f,,~./,~_~ Date: / ¢ -/~ - ¢~ If the action is in th~ Coastal Area, and you ~a state agency, complete the Coastal Assessment Fo~ before proceeding with this assessment ti Ap__ Tal~42qSACTIONAL DISCLOSURE I~LICAB]I~FO OWNER, CONTRACT VENDEE A~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 possible conflicts of interest and allow it to take whatever action is necessary to~ P~ C. Kaufer -UN other entity, such as a company. If so, indicate the other person or company na NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception __ X_. *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold9 "Rel ' ' ,, · · Kelatmnsh~p includes by blood.,_~marria e or business interest. "Business interest" means a bu_ssiness~iin_cludin~ ~, in__which tke Town officer or employee has even~ a partial ownershi_p_of (or _emplo~nt bs0 a corporation in which the Town officer Sr emph~more than 5% of the YES __ NO X If you answered "I~ES,~, complete the balance of this form and date and sign where i~zdicated Name of person employed by the Town of Southold: Title or position of that person: DesclSbe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate I/ne A through D (below) and/or descr/be the relationship in the space prov/ded The Tourn 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. DES CRiPTION OF RELATIONS Submitted this day of ~ Signature:~/~;;~/- _ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved Disapproved a/c ,20 Expiration ,20 RECE PERMIT NO. b~.DG DEPT. ._____~T~_.WN OF $OUTHOLO CHECKLIST >r need the following, before applying? sets of Building Plans larming Board approval FOrlTi N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS /0( I ,200~ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adj oining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector 'issues a Certificate of Occupancy. f. 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 months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing ad&ess of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises (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 0fland on which propo,~ed work will be done: House Number Street l([a/mlet County Tax Map No. 1000 Section /OL// Block 1-~ Lot /Oq, L Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use ~,d occupancy of proposed a. Existing use and occupancy /,.~lf/-}ff~ -Fi~2/rl9' b. Intended use and occupancy /lJ~/ C~'t~G-~/ 3. Nature of work (check which applicable): New Building / Addition Repair Removal Demolition Other Work Estimated Cost ~(~(~)1 (~ 0 0 Fee construction: Alteration (Description) If dwelling, number of dwelling units If garage, number of cars ~' 6. If business, commercial or mixed occupancy, specify ~a~Ure and extent of each type of use. (To be paid on filing this application) Number of dwelling units on each floor 7. Dimensions of existing structures, if any: Front Rear Height Number of Stories Dimensions of same structure with alterations or additions: Front''-;t Depth Height Number of S ' Dimensions of entire new construction: Front ~ {-) / Rear ~ Height ~, o~ / Number of Stories Size oflot: Front q~'~ff/' Rear 0¢'~5// Depth Depth Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated .,~ 3 12. Does proposed construction violate any zoning law, ordi. nance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES __ NO 14. NamesofOwnerofpremisesP/~////:~ K~--Of.,Address~/7~/~S.gJ'b~ ehoneNo. Name of Architect ' Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES 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) COUNTY being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH (S)He is the N0ta~/Public, State of New (Contractor, Agent, Corporate Officer, etc.) No. 01BU§I$,~0,50 Oualifmd in Suffolk Coun~ Commission Expires April 14,20 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 ~ .~'~-- dayof {..~ C~~p-~ 2000° Notary Public ~ D. BUNCH ,..,~ Nota~rPt~btJc,~ of New ~/__.~ ' No. (rrBU6185050 Qualified in ~lf~oIk C~ Ci~plission Expires A'pril _ C// /Szg~ature~Applicant BOARD OF APPEALS TOWN OF SOUTHOLD Southokt Town Hail 53095 Main Road P.O. Box 1179 Sou~hold. New York 11971 Fax (51o3 765-1823 Tea ~oa~ (~) 7C~-tS0P FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR l~il~l'lNG OF F~, Appl. No, ~[ - ~RI~ ~ P~US; PARC~ I000-1~-13-~2 PROPERTY ADDRESS: 3175 N~u P~ DATE OF PUBLIC H~R~NG: 2/8/97 ~GS {P~P~TY FA~S): DESCR~TION: P~e~ is lo~ed ~ The lot ~ sl~ted o~ ~e ~terly ~ of N~u r~d f~ of 99.~ f~ ~d ~ ~o~ ~e Pe~c Bay. (~: au~ ~ted NoV. ~5, B~S OF ~P~: B~g I~pec~r's De.tuber 5, ~ No~ of D~pp~val, w~ah ~ds as fo~ows: "~det ~cle ~III, ~on ~-239.4B, ~ b~ ~t~d on lo~ u~n w~ a b~d, ad~a~nt to ~i~ ~te~ bo~ othe~ t~ so~ not less t~ ~5 ft. f~m ~e burred. a~so~ d~k ~ S~rs (for a~s p~nt 1~ sho~ on the Novem~r 15, 1996 surly, sit.re ~NS ~R B~D ACTION~ D~BIB~ ~ ~t~on ~ a ~p~c~t of a fore s~cm~ d~yed Gmat ~ ~ ~ not produ~ ~d~b~ of n~rh~ wMch ~ts~ of ~y sf~n~lz~ lots. ,~,~ · app~toly 4 to 5 fl. ~Mw lov~ cf ~ 1o~ RESOL~ION/ACTION: On moron by Mom~ D~zlo, ee~nded by Momber V~, tt ~ Page 2 - Appl. No. ~. ~ Decision Rendered Feb. 25, 1997 Property of Marion Praus RESOLVED, to GRANT the relief requested under Appl. $4449 (Plmus) with the~OWING CONDITION: The structure must remain open to the sky, as exists. AYES: Members Geehringer~ Diuizio, Villa and Tortora (4-0). Absent was: Member Doyen (Fishers Island).~, ~ J Actions. ZB ] 10413.12 1{}4.-13-11 ~A. Bidg. -~t~nsic~n ~a~ge Foundation Basement Ext. Walls Fire Place Porch Porch Potio Driveway Bath Floors Interior Finish Attic RoomS 1st Floor Rooms 2nd Floor OWNER V!L~ N S TYPE OF BUiLDiNG VL FARM IMP. TOTAL DATE COMM. IND. REMARKS Z 9 o. '~/3 oo 7 4'00 AGE NEW Fo~rm -illable 2 -illabte 3 ,Vcx:~dlond ~rushtand .~ Plot BUILDING CONDITIOt, NORMAL BELOW Value Per Acre Ronald P. Constantine ARCHITECT 414 NW 37th Way Deerfield Beach, Florida 33442 Phone: 754-423-1109 Fax: 954-427-8380 Send to/An/Pour: Southold Zoning Board of Appeals 54375 Main Road at Youngs Avenue Capital Building 1 Southold, New York 11971 Attention/Zu H~nden von/A l'attention de: Linda Kowalski From/Von/De: Ron Constantine Date/Datum/Date: February 26, 2009 Phone number/Telefon/N° de t61.: Urgent/ Reply ASAP/ Please comment/ Please review/ For y ation/ Dringend/ Rtickantworff Ertedigung/ l)berpriifung/ Kennmisnahmed Urgent R6ponse urgente Commentaires A v6rifier Copie pour attendus information Enclosed are seven copies of the revised plans for Application Number 6240 The Phyllis Kaufer residence garage at 3175 Nassau Point Road Cutchogue, N.Y. The plans have been revised showing the change from 1440 S.F. 24' X 60' to 1104 S.F. 23'×48' Please contact me if you have any questions or wish to discuss. I may be reached at 754-423-1109 Regards, Ron Constantine Robert and Lee Cassano 3225 Nassau Point Road Cutchogue, NY 11935 Febmaryl4, 2009 Board of Appeals Town of Southold Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Attention: Chairperson Goehringer Re~ Application of Phyllis Kaufer # 6240 Accessory Garage Area Variance Dear Chairperson Goehringer: We are writing to inform you that we are the owners of the property to the immediate south of the Kaufer property, namely 3225 Nassau Point Road, Cutchogue and we have no objection to the above referenced application. If you have any questions please do not hesitate to contact us. / Very truly yours, Robert and Lee Cassano Katherine StutzJnan 3055 Nassau Point Road Cutchogue, NY 11935 Febmaryl4,2009 Board of Appeals Town of Southold Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Attention: Chairperson Goehringer Application of Phyllis Kaufer # 6240 Accessory Garage Area Variance Dear Chairperson Goehringer: I am writing to inform you that I am the owner of the property to the immediate north of the Kaufer property, namely 3225 Nassau Point Road, Cutchogue, and I have no objection to the above referenced application. If you have any questions please do not hesitate to contact me. Very?ruly yours, Katherine St~zman NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Policy Number 4549139309 Name &Addressof Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEW YORK insurer has issue~ an Owner's Policy of Liability Insurance complying with ArticJe 6 (Motor Vehicle Financiar Security AC~) of the NEW YORK VehicJe and Traffic Law to: PHYLU$ C. KAUFER 21 BEDFORD AV ROCKVILLE CTR NY 11570 Effective Date Expiration Data 1012912008 10/2912009 12:01 a.m. 12:01 a.m. (Not acceptable to obtain registration after 45 days from effective date.) ADplicabie with respect to the following Motor Vehicle: ~ 1969 BENZ Year Make 007980 Vehicle identification Number THIS ID CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any person who issues or produces an ID card knowing that an Owner's Policy of insurance is not in effect may be committing a misdemeanor. rn addition, a person who presents an ID card if insurance is not in effect may be commiffing a misdemeanor. The name of the registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. FS-20 FAX: Scanable Bar Code FAX INSTRUCTIONS: 1. The entire page must be faxed. 2. If submitted to DMV, either the entire page or the second ID card and large scanable bar code will be retained 3. A taxed ID card must be replaced with a scanable ID card within 14 days of the effective date. 4, DMV will net accept a faxed ID card without a scanable barcode NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Name & Address of Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEW YORK insurer has issued an Owner's Policy of Liability Insurance complying with Article 6 (Motor Vehicle Financial Security Act} of the NEW YORK Vehicle and Traffic Law to: PHYLLIS C. KAUFER 21 BEDFORD AV ROCKVlLLE CTR NY 11570 Policy Number 4549139309 Effective Date ' Expiration Date 10129/2008 1012912009 12:01 a.m. ~ 12:01 a.m. (Not acceptable to obtain re~listration after 45 days from effective date.) Applicable with respect to the following Motor Vehicle: 1973 JAGU Year Make U D1 $21166B Vehicle Identification Number THIS ID CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any person who issues or produces an iD card knowing that an Owner's Policy of insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if insurance is not in effect may be committing a misdemeanor. The name of the registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. F$-20 FAX: Scanable Bar Code FAX INSTRUCTIONS: 1. The entire page must be faxed. 2. If submitted to DMV, either the entire page or the second ID card and large scanable bar code will be retained 3. A faxed ID card must be replaced with a scanable ID card within 14 days of the effective date. 4. DMV will not accept a faxed ID card without a scanable barcode NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Name & Address of Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEW YORK insurer has issued an Owner's Policy of Liability Insurance complying with Article 6 (Motor Vehicle Financial Secudty Act) of the NEW YORK Vehicle and Traffic Law to: 1 PHYLLIS C. KAUFER 21 BEDFORD AV ROCKVILLE CTR NY '11570 Policy Number 4549139309 Effective Date Expiration Date 1012912008 10~29~2009 12:01 a.m. 12:01 a.m. (Not acceatabre to obtain re¢listration after 45 days from effective date.} ADc, licable with respect to the fcliowing Motor Vehicle: 1960 · BENZ Year Make 220595075022 Vehicle identification Number THIS ID CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any pemon who issues or produces an ID card knowing that an Owner's Policy of insurance is not in effect may be committing a misdemeanor. in addition, a pemon who presents an ID cord if insurance is not in effect may be committing a misdemeanor. The name of the registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. FS-20 FAX: Scanable Bar Code FAX INSTRUCTIONS: 1. The enUre page must be faxed. 2. If submitted to DMV, either the entire page or the second ID card and large scanable bar code will be retained 3. A faxed ID cord must be replaced with a scanable ID card within t4 days of the effective date. 4. DMV will not accept a faxed ID card without a scanable barcode NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Name & Address of Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEVV YORK insurer has issued an Owner's Policy of Liability Insurance comping with Article 6 (Motor Vehicle Financial Secudty Act) of the NEW YORK Vehicle and Traffic Law to: I PHYLLIS C. KAUFER 21 BEDFORD AV ROCKVlLLE CTR NY 11570 , Policy Number 4549139309 Effective Date Expiration Date 1012912008 1012912009 12:01 a.m. 12:01 a.m. (Not acceptable to obtain re~listration after 45 days from effective date.) ADciicable with respect to the fct~owing Motor Vehicle: 1971 ClTR Year ~ Make $B4971 Vehicle Identification Number THIS ID CARD MUST BE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any person who issues or produces an ID card knowing that an OwneCs Policy of insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if Insurance is not in effect may be committing a misdemeanor. The name of the registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. FS-20 FAX: Scanable Bar Code FAX INSTRUCTIONS: 1. The entire page must be faxed. 2, If submitted to DMV, either the entire page or the secood ID card and large scenable bar cede will be retained 3. A faxed ID card must be replaced with a scanable ID card within 14 days of the effective date. 4. DMV will not accept a taxed ID card without a scanable barcode NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Name & Address of Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEW YORK insurer has issued an Owner's Policy of Liability Insurance complying with Article 6 (Motor Vehicle Financial Security Act) of the NEW YORK Vehicle and Traffic Law to: PHYLLIS C. KAUFER 21 BEDFORD AV ROCKVlLLE CTR NY 11570 Policy Number 4549139309 Effective Date Expiration Date 10/2912008 1012912009 12:01 a.m. 12:Ol a.m. (Not acceptable to obt;~in registration after 45 days from effective date,) Applicable with respect to the following Motor Vehicle: 1974 JENS Year Make 23109662 Vehicle Identification Number THIS ID CARD MUST SE CARRIED IN THE INSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any person who issues or produces an ID card knowing that an Owner's Policy of insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if insurance is not in effect may be committing a misdemeanor. The name of bhe registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. F$-20 FAX: $canable Bar Code FAX INSTRUCTIONS: 1. The entire page must be faxed. 2. If submitted to DMV, etther the entire page or the second ID card and large scenable bar code will be retained 3. A faxed ID card must be replaced with a scenabte ID card within 14 days of the effective date. 4. DMV will not accept a faxed ID card without a scanabta barcode NEW YORK STATE INSURANCE IDENTIFICATION CARD 262 INFINITY INSURANCE COMPANY Name & Address of Issuer INFINITY INSURANCE COMPANY PO BOX 830693 BIRMINGHAM AL35283 An authorized NEW YORK insurer has issued an Owner's Policy of Liability Insurance complylng with Article 6 (Motor Vehicle Financial Security Act) of the NEW YORK Vehicle and Traffic Law to: PHYLLIS C. KAUFER 21 BEDFORD AV ROCKVILLE CTR NY 11570 Policy Number 4549139309 Effective Date Expiration Date 10129/2008 10/2912009 12:01 a.m. 12:01 a.m. (Not acceptable to obtain registration after 45 days from effective date.) ADDlicable with respect to the following Motor Vehicle: 1962 JAGU Year Make 300700BW Vehicle rdentification Number THIS ID CARD MUST BE CARRIED IN THE iNSURED VEHICLE FOR PRODUCTION UPON DEMAND WARNING: Any person who issues or produces an iD card knowing that an Owner's Policy of insurance is not in effect may be committing a misdemeanor. In addition, a person who presents an ID card if insurance is not in effect may be cemmi_ffing a misdemeanor. - The name of the registrant and the name of the insured must coincide. REPLACEMENT VEHICLE NOTATION: DMV WILL ONLY PROCESS A VEHICLE CHANGE (RE-REGISTRATION) USING THE REPLACED VEHICLE'S CURRENT REGISTRATION. FS-20 FAX: Scanable Bar Code FAX INSTRUCTIONS: 1. The entire page must be faxed. 2. If submitted to DMV, either the entire page or the second iD card and large scenable bar code will be retained 3. A faxed ID card must be replaced with a scanable ID card within 14 days of the effective date. 4. DMV will not accept a faxed ID card without a scanable barcode ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-23-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED #6240 KAUFER, PHYLLIS #5022 $400.00 OCT 2 2 2008 So~ ithold Town Clerk TOTAL $400.00 Sent via Inter-Office to Town Clerk by: Thank you. PMK 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 October 24, 2008 Zoning Appeal No. 6240 Transmitted herewith is Zoning Appeals No. 6240 of Phyllis Kaufer- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated October 6, 2008, Copy of Building Permit Dated October 1, 2008, Copy of Survey Showing Existing Construction Dated November 15, 1996 Prepared by Roderick Van Tuyl, P.C., Copy of Property Record Card (Both Sides), 5 Pages of Photos Showing Staked area for Garage & Property as is Exists, 4 Pages of Architect Plan Showing Floor Plan & Elevations & Construction Dated September 29, 2008 Prepared by Ronald P. Constantine, Architect. Town Of Southold P,O Box 1179 Southold, NY 11971 Date: 10/23/08 * * * RECEIPT * * * Receipt~: 30014 Transaction(s): 1 Application Fees Reference Subtotal 6240 $400.00 Check#: 5022 Total Paid: $400.00 Name: Kaufer, Phyllis 21 Bedford Ave Rockville Centre, NY 11570 Clerk ID: CAROLH Internal ID: 6240 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 SOISTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 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, 53096 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ FEBRUARY 19~ 2009: 9:40 A.M. PHYLLIS KAUFER # 6240. Request for a Variance under Section 280-15c, based on the Building Inspector's October 6, 2008 Notice of Disapproval concerning a proposed two- story accessory garage which will exceed the code limitation of 750 square feet. Location of Property: 3175 Nassau Point Road, Cutchogue; CTM 1000-104-13-12. 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: January 20, 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 tONING BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP 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~)099 TELECOPIER (631) 853-4044 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 5th day of February, 2009. ~..._ ~'"~ "Principal Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARINGS NOTICE IS llEREBY GI~'EN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, thc following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the To~n Hall, 53095 Main Road, l~O, Box 1179, Southold, New York f1_971-0~959, on IHURSDAY, 12 and 280-124, based on the Building Inspector's ame0.ded October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struet a new single-family dwelling and a new accessory building proposed with a nopeonforming use (after demolition of the existing dwelling and existing nonconforming accessory budding). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwell- ing will be less than 15 feet on a single side yard; (2) the proposed single-famiiy dwell lng will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Grea[ Pecoinc Bay; (4) a new accessory building is pro: posed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. 11'00 A.M. IWtlCHAEL and DANA MEYRAN #6251. Request for a Vari ance under Sections 280-122A and 280- 124, based on the applicant's request for a building permit and the Building Inspector's November 6, 2008 Notice of Disapproval under Zoning Code In- terpretation #5039 (Appgcation by R. Walz), concerning proposed reconstruc- tion of a dwelling in a location which will increase in the degree of nonconfor- mance at less that 35 feet from the code- required minimum front yard setback, at 280 Youngs Avenue, Mattituck; CTM - 11-~ A.M. MICHAEL and LAURA CHAPMAN LIVING TRUST Request for Variances under Sections Building Inspector's revised N~6'V~ber 10, 2008 Notice of Disapproval coil cerning additions and alterations to the existing single-family dwelling, which construction will increase the degree of nonconformance when located less than the code required minimum of 35 feet from the front yard lot llne adjacent to a private right-of-way and Alpine Avenue, Fishers Island; CTM Parcel 10 8-7 & 6 (merged lot): CHRISTINA VOLINSKI NOTARY PUBUC-STATE OF NEW YORK NO. 01 -VO6105050 Qualified Ir~ Suffolk County -1:30 P.M. LLOYD KAPLAN g 6221 /carryover, pending, alternative plan or other information from applicant). Swimming pool at less than 40 feet from front line adjacent to street, (2) lot cov- erage exceeding 20% code limitation on this 14.679 square feet of land area adjacent to the Long Island Sound. at 105 Soundview Avenue Southold: CTM 2.'00 P.M..HOPE SCHNEIDER # 62~5 (carryover. pending alternative ptan or other infatuation from appli- cant). New dwelling on 4.914 square feet o£ buildable are~ at 1960 Mill Lane (Goldsmiths Inlet).Southold: ~ 67-7- 1! and Variances to increase the degree of rear yard setback nom:on~ormify less than 35 feel (2} to increase the degree and leas than 25 feet combined, (3) le~ t~an 75 feet ~'om the bulkhead, (4} ex- ceeding the code limitation of 20% lot coverage. 2'30 P.M. DIANE and HENRY HOBBS ~6247~ Request for a Variance under Sections 280-122A and 280424. based on the Building Inspector's Sep- tember 24. 2008 Notice of Disapproval ann ZBA g5039 IZoning Code Inter- pretation in the Matter of R. Walz). Thee Building Inspector states that the pro- posed alterations and additions to the existing single family dwelling will con- stitute an increase in the degr~ of non- conformance at less than 40 feet from the code-required minimum front yard sethack~ at 800 Sterling Road adiacent to a freshwater pond, Cutchogue; CTM 1000-104-4-9. The Board of Appeals will hear all persons, or their representatives, desk ing ~o be heard at each hearing, and/or desiring to submit written statements before the conclusion o[ each hear- ing. Each hearing ?ill not start earlier than designated above. Files are avail able for review daring regular business hours and prior to the day of the hear ing. If you have questions, please do not hesitate to contact our office at (631) 765 1809, or by email: Linda. Kowalski@ Town.sour hold.ny, us. Dated: February 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53ll95 Main Road (MailingdUSPS) Southold, NY 11971-0959 9177 1T2/5 ~GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 October 21, 2008 WILLIAM C. GOGG1NS, ESQ. ANTHONY H. PALUMBO, ESQ. Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski TRACY L. KARSCH, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: 3175 Nassau Point Road, Cutchogue, New York 11935; SCTM No. 1000-104.00-13.00-012.000 Phyllis Kaufer Dear Ms. Kowalski: Enclosed please find seven (7) packets containing the following: 1. Notice of Disapproval; 2. A variance application; 3. Transactional Disclosure Form; 4. ZBA questionnaire; 5. Applicant's Project Description; 6. LWRP; 7. Photos of proposed site; 8. Short Environmental Assessment Form; 9. Survey; 10. Site plan 11.Assessors card; and 12. A check in the amount of $400.00. If you have any questions, please do not hesitate to contact the undersigned. Thank you. WCG\ enclosures Very truly yours, ogg' ,ns ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of AFFIDAVIT (Name of Applicants) MAILINGS CTM Parcel #1000- 1o~ /3 - IZ- -X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~"/q¢~/~ /¢"'¢1 residingat /¢~/ ¢/.~o ~r~: ! L4¢~] , New York being duly sworn, depose and say that: On the Z~/~ day of ~*~ ,200'/, I personally mailed at th'e ~ ~,~ New York, by CERTIFIED United States Post O~ce in , MAIL, RETURN RECEIPT REQUESTED, a t~e copy of the atta~ed L~al Notice i~ 'prepaid envelopes addressed to current owners show~.~e ~rrent assessment roll verified from the o~dal re~rds on file with the ( ~Assessors,'or ( ) County Real Prope~Y O~ce , for eve~ properly which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding the applicant~.'~ ~' / ~)(Signa Sworn to before me this · /ydayof ,,~'~'-',-'~ (Notary Public) MELANIE V. 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. J ZONING BOARD OF APPEALS . · -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as ooo- - ij -X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT. OF SIGN POSTING , New York, being duly sworn, depose and say tha~:' On the 7 day of ,/'~'~, ,200¢, I personally placed the Town's official Pester, 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 remained in place for seven days prior to the date of the subject hearing date, wh~/.~date was shown to be ~ ',~(Signature) SwOrn to before me this Iq day of F-.d¢ , 200' (Notary Pub}ic) *near the entrance or driveway entrance of my property, as ttie area most visible to passersby. IO~t-- 1~- II m $2.20 $0.00 $ ~5,,~':' 0!/29,'2007 I ~oF F ~-.°'e ! A L U $ E I $ $2.20 $2.20 $0.00 $ J ~o~ ~'~l~:C ! A L U $ E $0.59 $2,20 $0. O0 01/29/2007 2. A~CIS Number PS Form 3811. February 2004 [;]No [] F~ [] Relum Receipt for Merchand~e [] Iraured Mai [] C.O.D. 4. R,,~i~d D~k~4, ~ra F~e) 1:3 Yes 7007 0710 0002 2339 6395 · ,?replete Items 1, 2, and 3. Also complete rmm 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this can:l to the back of the maJlpleca, or on the front If space permits. 1. Article Ac~,~ed to: // D. Is daive~ ~.~,.~,~ dj/feint' If YES, enter daive~y address be~ow: [] ReglMemd r~ ~m R~ ~r M~h~ ~ I~u~ Mall ~ C.O.D. 4. ~ ~lv~ ~ F~) ~ ym 2..~'flcle Numbe~ Fr?.,~,?,~,.~,~ 7007 0710 0002 2339 6425 PS Form 3811, February2004 ~ · Complete Item~ 1, 2, and 3./Uao complete item 4 If Restflofed Delivery Is deeired. · Print your name and addres~ on the reverse so that we can retum the card to you. · Attach this card to the back of the maJlpisca, or on the front If apace permits. 1. Artlc~ Addressed to: 2. Artlcte Number (franker #om saw/ce/abe~ Ps Form 3811, February 2004 ~ ~gent Y( c. Date of Deter,/ If YES, enter claive~y addms~ be~ow: [] Insured Mail [] C.O.D. 7007 0710 0002 2339 6418 · Complete items 1,2, and 3. Nso ~omplete Eem 4 ~ RestS-ted De4h~Y ~ deelmd. · print your name and address o.n the reveme so that we can return the can:l to you. · Attach this ca,,d to tl~ back of the mallplece, or on the front if space permits. PS Fol t Cp#nted Neme) D. isde#ve~yaddmssdltf~entfmmlteml? r-lyes liSe~'k~e Type El C,e~t~ M~ n F_~q~ess M~l [] Registered [] Return ReCeipt (o~ Memhandlse [] Insured Mail [] C.O.D, ,432 Item 4 if Rest~cted De ivery is oes~. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the ~ ff spaoe permits. 1. Article Addressed to: ( PHnted Name) r'l No 3. Sen~oe Type I ~ ~ F,'~dl ID F_,q~ess t~ '~L~ [] In~ured Mall ~ C.O.D. 2.~Num~ 7007 0710 0002 2339 6401 PS Fo~ 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 27, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6240 Applicant's Request: Within 500 feet of: Owner/Applicant: Kaufer, Phyllis excessive size of Garage ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman ~ZONING 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 January ,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 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 February 1st 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 mailin.q address or to deliver the letter to the current owner, to the beSt of your ability, and to confirm how arran.qements were made in either a written statement, or durinq the hearinq, providing the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 9th: 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 February 16, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KAUFER, PHYLLIS #6240 MAP #: 104-13-12 VARIANCE: NEW GARAGE REQUEST: EXCEEDS 750 SQ. FT. SI DATE: THURS, FEB. 19, 2009, 9:40 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 LITTLE BROADWATER$ COVE TOWN OF SOUTHOLD ~ HAYWATER COVE P~RO~RT¥~O ~j~APSECTION NO WOOD FRAME CONSTRUCTION MANUAL ANSl/AF&PA 2001 EDITION (~OUND SEIgM~ Wi~q'ER UN HAZAPJ~ 8NOW DE.RIEhl FRC~T LtiE DES~N LOAD : 81~ED(mi~) CATEGORY Wrd~TiiERa~ ,,,,,.,,,DE~WH ,,,,,,,i~ , DE{.~Y Trap RE(;3iII~D ~N f_JlITE~L( F~ C, ONWrI~,J~-~ION ~ FO~ ONE,* A/4D TWO-FAMILY OWF~ 0M:GM) 1~ Hi(~ W~O EOnlCW PP-~ P~ P VAN -.d.., ~%_ OCT ~ 3 200,~ ~ -,¢-[ _.Al .%. h 4 '< I 'A ,>z L_ l L la'/z'' i Z I Ii ,b ~L ~x~,0 -FI.AN d -~o~.2-T' ½ II ROOF