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HomeMy WebLinkAbout6303 ~ ~ot 00~3 .3/20/80 Variance granted to FISHERS ISLAND DEVELOPMENT CORP. Area & Width of f~ parcels. Appeal #2657 - Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 22, 2009 q~ECEIVE, D ':~ Southold Town Cleri ZB File # 6303- William R. and Marlen Bloethe, Applicants Properly Location: Greenwood Avenue, Fishers Island CTM: 1000-12-1-13.1 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 fudher 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 received May 18, 2009, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is an +/-0.19 acre (8276.4 square foot ) parcel as shown on a survey prepared for William Bloethe by Richard H. Strouse and CME Associates Engineering, Land Surveying and Architecture, PLLC dated 02/18/2009. The property is improved with a single-family, two-story frame dwelling, and fronts Greenwood Road. BASIS OF APPLICATION: Request for Variances under Zoning Code Sections 280-122 and 280-124, based on the Building Inspector's April 6, 2009 and September 4, 2009 amended Notice of Disapproval, and Code Interpretation under Application of R. Walz ZBA File # 5039. The reasons that the building permit was disapproved concern:proposed additions and alterations to an existing single-family dwelling, which new construction will be an increase in the degrees of nonconforming setbacks concerning the front and rear yards at less than 35 feet. Also requested is a variance for additions which increase the lot coverage over the code limitation of 20 percent. 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 - October 22, 2009 ZB File # 6303 - William R. and Marlen Bloetl~e, Applicants Property Location: Greenwood Road, Fishers Island CTM: 1000-12.q)1-13.1 AREA VARIANCE RELIEF REQUESTED: The applicant requests a front yard variance, a lot coverage variance, and a rear yard variance, related to the proposed construction of additions and alterations to the existing frame dwelling as shown on the site plan drawing submitted to the ZBA by Susan Young, R.A. stamped August 24, 2009. ADDITIONAL INFORMATION: The subject property has a prior variance under Appeal # 2952 dated February 17, 1982 which set conditions to the existing rear deck as follows: "That the deck not be enclosed or roofed (to remain as open deck area). In this application, there are additions and alterations proposed of a first floor kitchen atop this rear deck. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law .~267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The architectural style and size of the proposed additions and alteratipns are consistent with other dwellings along the street, and continues to maintain the original historic setbadks of this historic area. The proposed rear yard addition will be blocked from view of the church property to the rear, and by an existing fence and mature vegetation. 2. Town Law .~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applic, ant to pursue, other than an area variance. The dwelling exists in its present location which will require any additions or alterations to the front and rear yards to require a variance. 3. Town Law .~267-b(3)(b)(3). The extension of the existing front porch laterally in both directions will require a seven (7) foot, or 20%1 front yard variance which is not substantial in this case considering the front porch is pre- existing and will extend in both directions, maintaining its existing front yard setback. The rear yard variance requested for the proposed first floor addition atop a portion of the existing rear deck area is substantial insofar as it will require a 22 foot or 63% variance, and pursuant to the Zoning Code ZBA Interpretation under #5039 (R. Walz Application), such addition will constitute an increase in the degree on non-conformance. The lot coverage area variance for the proposed additions and alterations require an increased lot coverage of 812 square foot, or 25%, total. This is a substantial increase from the code required limitation of 20%, being a 25% variance on a Io[0f only 8,274.4 square feet. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created with respect to the rear yard variance request because of the applicant's desire to propose an addition at the location requiring a variance. The difficulty has been self-created with respect to the lot coverage area variance request because the applicant's desire to propose additions and alterations requiring total square footage that is not in conformance with the Code. The difficulty has not been self created with respect to the front yard variance request because the front porch is pre-existing and any lateral extension of its size and style will require 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. Page 3 - ZB File # 6303 - William R. and Marlen Bloethe, Applicants Properly Location: Greenwood Road, Fishers Island CTM: 1000-12.-01-13.1 6. Town Law .~267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations at their home, 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 Member Weisman, and duly carried, to RESCIND Condition #1 of ZBA Decision # 2952 that stated the deck remain open to the sky; and further to GRANT the variance as applied for and as shown on the revised site plan drawing submitted by Susan Young, R.A. with ZBA date stamped August 24, 2009 and architectural elevations and plans submitted in the ZBA application by Susan Young R.A. dated April 16, 2009, SUBJECT TO the following Condition: 1. The existing remaining portion of the deck remain open to the sky. The above condition shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does Vote of the Board: Ayes: Members / GERARD P. GOEHRINGER,/'CHAIRI~I~I/el zz/2009 /~/.Approved for Filing TO: FORM NO. 3 NOTICE OF DISAPPROVAL William R. & Marlen Bloethe C/O Susan Young 215 West 88th Street Ste. 6h New York, NY 10024 DATE: April Revised: Sept Please take notice that your application dated March 25, 2009 For permit to construct additions and alterations to an existing single family dwelling at: Location of property: Greenwood Road Fishers Island, NY County Tax Map No. 1000 - Section 1~2 Block 1 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non- conforming 8276.4 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." y ~ The existing single family dwelling notes a r6or yard setba, c~k, of.~..3 feet. The new construction will maintain that setback. Purlin the Z~-ffiterpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a front and rear yard setbacks of 35 feet and lot coverage of 20%. Proposed constj:uetiolVfl-oTes-a-,front yard setback of 28 +/- feet, rear yard setback of 13.3 feet and ~i'~coverage of 25°/~. This Notice of Disapproval was written based on the site plan prepared by Susan E. Young~ Arch., dated 3/20/09. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 6, 2009 C./O Susan Young 21 $ West 88tu Strut Ste. 6h New York, NY 10024 Please take notice that your application dated March 25, 2009 For permit to construct actdifions and alterations to an cxisfin~ single family dwelling at: Location of property: Greenwood Road Fishors Island, NY County Tax Map No. 1000 - S~ion 12 Block 1 Lot _13.1 t~urnad hea~with and disapproved on thc following ~ounds: TlShc ro 'tions and altea'ations to ' existin sin e famil dwellin on a non- con rmin 8276.4 unto ti ifithe - enfialR-40Distfictisnot itted plL~3~_3~nt to Afl~iele XXII[ Section 280-122, which stat~ ,~..,. ~ to ~t th,- r~m elin r nstruc~On -[~lomifl ' ~'ld~ ntainin a conformm . vi that ch action not create an, n nrta-conformance or increase the ~th lo the re latio ' in to such Theexi ' · efamil dwe. ll'n notesat~ar setbackofl3.3fe~t. ThenaW 'on will ' ' that setbae.~ ~t to ¢ A'$ in .tation in Walz ~5039 su a~d' 'o al tiotm will thus consti e an increase m the de e of non-conformance.. antto 'cie IS 'on2g0-124 non-confo ' lots meaSurin lessthan 0 uar~fi intotalsi 'l~a nt seth ckof35fi andlotcovera of 2 . sed ns 'on a front setback of 28 +/- i5 and lot covers f 25%. This No~_ of Disa royal was written based o the ~ite Inn re ared b S~an E. Yc.-"-~.=-. Areb~ dated 3/20/09~ Authorized Signature Note to Applicant: Any chang~ or deviation to tl~ above refetence~l application, may require f~rther review by thc Southold To~n Bm'.'Idlng l~artmeflt. CC: rite, 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 requiremems of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers 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 Shiun Vineyard, LLC 6308 Severini 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 :6.67 N/F CURTIS G. RANO 2,5' SQUARE STEEL COVERS ~ APPROXIMATE 6" WATER LINE APPROXIMATE LOCATION 6'~ SEWER UNE ~LE STEPS MAPLE / tv/ t FISHERS ISLAND FERRY DISTRICT MONUMENT~POLE - (FOUiVC)) f // APPROXIMATE LOCATION SEWER LINE MAN HOLE -WITH CONCRETE COLLAR N/F ECCLESIASTICAL SOClE CONGREGATIONAL CHRI CHURCH PROPOSED FOOTPRINT & SETBACKS IN RED OVER CME SURVEY SCALE: 1"=20' PROPOSED ~ONT YARD SETBACK YARD SETBACK: lAP rED BY ZBA SION # AUG 2 4 2009 ~', I~ ~ / BOARD OF APPEA~ 10'-0' SIDEWALK INAL MAP ;ION DATED G R E E EXISTING STRUCTURE EXISTING DECK PROPOSED SITE PLAN N W 0 0 D 24 8 16 GRAPHIC SCALE IN FEET SCALE 1"= 16 FEET R 0 A D IIIII IIIIII IIII II IIIIII IIII II IIIIII IIII II IIIIII IIIIII IIIIII III111 III111 III111 I111'11 III111 [11111 IIITII III11 II 111111 III111 Illi~ll Illlll IIII II IIII II IIII II III111 III' 111 II1[11 111111 111111 III111 111111 111111 il LI'II 111]11 ti ,LlJl III111 III111 IIUII III1 II IIITII III111 IIilll IIilll [[]] 1111 [lllll 11] llllll lllllli[ ! Illllll[[ll IIIII IIII II IT II II I II III1 II I! I~ I1 I1 II 11111 II1! EXISTING WEST ELEVATION llll Illlll Illlll Illlll IIIl II IIUII llUll IIUII flu Illlll IIHII Illlll II1TII llllll IIlill ]]llll II[lll Il Illl [lllll III111 IIIlll Illll~ IIIlll Illlll Illlll llll IIII Il IIIlll 111111 IIlIII Illlll Illlll Illlll IIUll 1t Il IJ llll llll Il llUll llUll lllll[ [l[lll [lllll Illl'll I TII Ill[il II1[11 lill II Ill[il IIITII II1[]1 iii[ii III1 II -'INAL MAP : EVIEWED BY ZBA DECISION # Il [lUll [lU fll IITFli Ill PROPOSED WEST ELEVATION EXISTING SOUTH ELEVATION FINAL MAP EWED BY ZBA SEE DECISION # ~ o^~'EO_~_ ~., PROPOSED SOUTH ELEVATION SCALE"Y~"-IFOOT ~c~o EXISTING NORTH ELEVATION MAP EWED BY ZBA SEE DECiSiON #~-~-- PROPOSED NORTH ELEVATION EXISTING EAST ELEVATION FI~'~AL I~AP ~,EVIEWED BY ZBA ,EE DECISION # ~ I III111 IIIlll IIIIII III1 II IIIlll Ii IIII111 III111 II1[11 lll[ll 11 ill 11 Jill IILIII 11 LTII II II II 11 LI I1! II IllIll III111 IIlIII Illlll I111 II1~11 III111 III111 111111 IIIII ~ Illl IIIIII Illlll III111 It1111 III1[I IIilll III111 III111 III1 II III1 PROPOSED EAST ELEVATION AREA OF WORK [-- EXISTING FIRST FLOOR PLAN 706 S.F. OF INTERIOR SPACE INCLUDING WALLS SCALE:~"= I FOOT FINAL MAP REVIEWED BY' ZBA EXISTING SECOND F L O O R P L A N 860 S,F. INTERIOR SPACE INCLUDING WALLS SCALE: ~" = 1 FOOT NE*tV ~kTH ii SEE DECISION DATED~I / 2 ~ P R O P O"~"~ OR PLAN PROPERTY DESCRIPTION ON GREENWOOD ROAD, FISHERS ISLAND, NY 06390 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK DISTRICT 1000, SECTION 012, BLOCK I, LOT 13.1 USE: ONE SINGLE FAMILY RESIDENCE ON THE LOT EXIStiNG STRUCTURE CONSISTS OF IWO STORIES NON-FIREPROOF TYPE 5 CONSTRUCTION TOTAL AREA OF PROPERTY: .I 9= ACRES = 8658 S.F. OWNER: BILLY & MARLEN BLOETHE, BOX 446, FISHERS ISLAND, NY 06390 (631) 788-5551 SCOPE OF WORK PROPOSED NEW CONSTRUCTION: I. 1 -STORY ADDITION SURROUNDING THE FIRST FLOOR 2. RECONSTRUCT FIRST FLOOR BATHROOM WHICH HAD BEEN REMOVED ZONING NOTES R-,,O I. I~IE LOT UES WITHIN THE LOW DENSITY RESIDENTIAL R-40 DISTRICT WHICH IS DESCRIBED UN DER ARtiCLE ffi OF ZONING CHAPTER )00 FROM THE CODE OF THE TOWN OF SOUTHOLD. 2. THE LOT IS NON CON FORMING IN SIZE AND THEREFORE IS SUBJECT TO SECtiON 289-124 OF THE ZONING CODE OF THE TOWN OF SOUTHOLD, FOR NON'CONFORMING LOTS UNDER 20,000. 3. THE USE OF THE PROPERTY FOR A SINGLE FAMILY RESIDENCE IS IN COMPLIANCE WITH THE ZONING CODE OF THE TOWN OF SOUTHOLD. SETBACKS 1. AS PER SECTION 280-I 24 MINIMUM REQUIRED SETBACKS ARE AS FOLLOWS: FRONT YARD: 35 FEET SIDE YARD: 10 FEET BOTH SIDE YARDS: 28 FEET REAR YARD: 35 FEET AS PER SECTION 280-104 THE FRONT YARD SETBACK IS THE SAME AS OTHER HOUSES ON THE BLOCK AND CONFORMS TO § 280-104 EXCEPTIONS AND MODIFICATIONS. A. ESTABUSHED FRONT YARD SETBACK. WHERE PROPERTY IN THE VICINITY IS IMPROVED WITH PRINCIPAL BUILDINGS WITH FRONT YARDS OF LESS THAN THAT REQUIRED BY THE PROVISIONS OF THIS CHAPTER, THE FRONT YARD SET~ACK SHALL BE TFIE AVERAGE SETBACK OF THE EXISTING BUILDINGS WITHIN 300 FEET OF THE PROPOSED BUlLDIHG ON THE SAME SlOE OF THE STREET WITHIN THE SAME USE DISTRICT. 2. PROPOSED SETBACKS: FROtIT YARD: NO CHANGE ( CONFORMING TO EXIStiNG STREET LINE ) SIDE YARDS: IN CONFORMANCE REAR YARD: THE DEGREE OF NON COMPLAINCE IS NOT INCREASED LOT COVERAGE I. LOT COVERAGE REQUIREMENTS OF SECTION 280-124 OF THE ZONING CODE OF TH E TOWN OF SOUTHOLD WHICH STATES THAT FOR LOTS UNDER 20,000 S.F. THE ALLOWABLE LOT COVERAGE IS LESS THAN 20 PERCENT. 2. TOTAL LOT COVERAGE PROPOSED: 25 PERCENT. 3, LOT SIZE CALCULATION: SIZE OF LOT: .19 ACRES OR 8276.4 S.F. (43,560 S.F. X .19 = 8276,4 S.F.) EXISI1NG LOT COVERAGE :1278.92 S.F. HOUSE: 699.77 S.F. FRONT PORCH: 135.66 S.F. DECK: 443,49 S.F. PERCENTAGE: 15% (I 278.92 S.F. / 8276.4 S.F. LOT SIZE ADDTIIONAL LOT COVERAGE: 815 S.F. PIECE'NF'D Fee: $ Office Notes: __ Filed By: HouseNo. Street Greenwood Avenue Hamlet Fishers Island. N~ SCTM1000 Section 12 Block ~ Lot(s) 13 LotSize.19 acre ZoneR-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s): William & Marlen Bloethe MailingAddress:PO 446, Fishers Island, NY 06390 Telephone: ~a ~o-~l Fax#: Email:~om NOTE: la #~ition ~o the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract Name of Representative: Susan Young William & Marlen Blo~the Agent's Address: 215 West 88th Street, for (X) Owner, or ( ) Other: Suite 6H, New York, NY 06390 Telephone - Fax#: ~12 724-9779 Email:~,~.~t~ Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED -~ / ~ a / a a and DENIED ANAPPLICATIONDATED 3/25/09 FOR: To construct additions & alterations ~BuildingPermlt ~ ~ ~o .a s.i~n~le-family dwelling. [] Certificate of Occupancy ~ rre-Lerxlncate es ~ccupancy [] 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~×TTT Section 280- ~ 22. Subsection o~LX-pe~'.rAp a~ ~ee~ion..2 $0 Type ~,n ~,ppeat ~s mane [] 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 appea~ ha~s, has not been made at any time with respect to this property~ UNDER Appeal No. Year~'''~. (Please be sure to research before completing this quesilon or call our o~O~ce for Southold Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Bloathe District 1000, Section 12, Block 1, Lot 13.1 Dear Board Members: Please find the enclosed updated survey information you requested with copies for all board members. An original CME survey is also enclosed. Please note the requested rear yard setback is now 13'-0". Also enclosed are the Certified mail receipts and affidavit of Posting. Sincerely, NYC: 21~ WEST 88TM STREET, NEW YORK, NY 10024 - TEL: (212) 724-7204, FAX:(212) 724-9779 FISHERS ISLAND: P.O. BOX 662, FISHERS ISLAND, NY 06390 - TEL & FAX: (631) 788-7434 E-MAIL: SUYOUNG~RCN.COM MEMORANDUM eQ~..__ Just a few years ago Fisbers Island mounted a substantial celebration to honor anniversary of the construction of the Fort Wright military installation. I'm sure many would agree that these sturdy buildings mark an interesting chapter in our history. Thei~~'~ organization and character are a reminder of past endeavors and a way of life now Gone by. One by one the military house on Fishers Island are being rehabilitated and turned to modern use as year round and summer homes thereby preserving the character and context of the old Fort. 1 UNDESIRABLE CHANGE? Our project does not conform to the letter of the modern law with regard to front and rear yard setbacks and also lot coverage. But it does conform to the fabric of the fort neighborhood. With regard to the Front Yard issue: The Fort Wright houses, are set back 35 feet from the street with respect to their front facades. Their porches, however, extend into the front yard. In this area I think that Section 280-104 of the Zoning Code is applicable here because for 300 feet down Greenwood Avenue the setback is 35' to the front fa(~ade minus an 8' front porch. One could argue that the histodc street line is the context of the neighborhood and any other setback might produce and undesirable change. The porches are an attractive and pleasant amenity of these houses. I note also that the board has already granted a variance to the parcel next door to the Bloethe house to rebuild the front porch. The porches were originally intended to be there as part of the design of these houses that could otherwise be regarded as rather severe. The rebuilding does not infringe on any neighbors activity or view but actually improves the neighborhood. With regard to the Back Yard Issue: At the back of the house the existing structure has a deck that is in the shade and little used. We want to devote this area to a kitchen expansion. This back yard setback will not actually change but instead of a deck there would be a one story structure. There would be a beautiful door looking out over the lawn toward the water. What now exists is a door placed further south so that one looks directly toward the neighbors shower and deck. The design very much improves sight lines to enhance the use to the properties next to one another. Since the house is at the end of the road, no views are blocked. The area is not the focus of neighborhood attention. Views are directed instead to the water. The closest part of the Fellowship house to the back of the BIoethe house is the fire escape. If this house is to be preserved it must be made into a dwelling large enough for normal enjoyment. With regard to the Lot coverage Issue: The owner is hampered by a very small lot and there is no way to expand the house within the context of the neighborhood without using more of the land. Preservation of the house should be encouraged because if the Fort houses cannot be used they may be torn down and replaced with structures that would not agree with the neighborhood character. 2. ACHIEVED BY SOME OTHER METHOD? Because we could certainly not expand further in the front or the back without making the house look unusual in the neighborhood, expanding to the sides is the only option. BO~,O Or: ~ppElXt~ 3. SUBSTANTIAL? We have requested an expansion of 12 feet on each side even though we are not yet up against the side yard limits. This dimension gives us a symmetric~,.J~ouse and a room large enough to use for a bedroom on the west side which cover~F25,p~rcent of the lot. If the fort houses cannot be adapted to have the amenities of modem family life owners might be tempted to tear them down. A careful improvement of this house will help to preserve the historic fabric of the neighborhood. 5. SELF-CREATED DIFFICULTY? No ,NameofOwner: Williar~nd Marlen Bloethe 'Z~ile# ~5~ REASONS FOR APPEAL (additional sheets may be used with urenarer's sittnature]: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby propertiesifgranted, because: The design respects the traditional neigkborhood shapes by maintaining the location of the front and rear facades in line with all the other fort houses. Expansion to the sides make this smallest house wider more akin to neighbors. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The lot is too small. (3) Theamount ofreliefrequestedis not substantialbecause: No views will be effected nor any houses infringed upon. The project actually improves sight lines between the nearest neighbor, Rand, by moving the exit door northward so that it faces the water rather than the Rand's deck. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The project poses be no physical or environmental effect on the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. Are there Covenants and Restrictions concerning this land: IX No. [] Yes (v/ease furnish cow;). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) SignatUre of Appellant 6r A_~.~rized Agent (agent must submit ~rjtt~ Au_~.f~afiod'from Owner) Sworn to before me this dayof l~ Notary Public MICHAEL ROBERTS Notary Public, State of New Yo~k No. 31-4732348 Qualified in New York County Commission Expires June 30, 2009 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises l/s~ed c~ the real estate market fo~ sale? ~ Yes XJ No Are there any proposals to change or alter land contours? ~No ~ Yes, please explain on ~tt~¢bed sheet. 1) Are there areas that covtain sand or wetland grasses? No 2) A~e these areas shown on the map submitled with tiffs application? 3) Is the property b~dkheAlded between the wetlands are~ ~md the upland building area? 4) If your prope~ co~tsln~ wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Plcase confirm stares of your inquixy or application with the Trustees: and if issued, please sUsch copies of permit with conditions and approved map, Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? I~l~ Are there any patios, concrete barriers, b.lkheads 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 dia~-, if any exist. Or sta~e "none" on the above line, if applicable.) Do you have any constriction t~king place at this time concerning your premises? No ffye~ please submit a copy of your building permit and map as approved by the Building O. Do you or any co-owner also own other land close to this parcel? No the proximRy of your lands on your map with ~ applicati~m. If yes, please label H. Please list present use or operalions conducted at this parcel glngl~ family andprolmsedusu gln_ola fmmilv rA.~idAnnA . (~pl~s: ~isfin~: sidle-family; p~posed: s~a~ with ~ or pool, or oll~r Authorized Si~d~ 2/05; 1/07 Susan E. Y~ung~.?April 6, 2009 Applicant: Susan Younq APPLICANT'S(For PROJECTzBA Reference)DESCRIPTION/~ b~ L~'~ Date Prepared: · BOARD OFAppEALS I. For Demolition of Existing Building Areas Please describe areas being removed: The 1-story shed at the north end of the house which presently houses the kitchen. Back deck on the ~e~ ~ ~ ~4~ ~ ~ ~4~,,~=~ ~=,-,~ ~ plan & plans II. New Construction Areas (New DwelHng or New Additions/Extensions): Dimensions offi~st floor extension: Extend front porch. 1 story @ West. East, North Dimensions of new second floor: Dimensions of floor above second le~'f."'" none Height (from finished ground to top ofridge): ~, */- no Is basement or lowest floor area being constructed? If yes, please provide l~eight (above ground) measured from natural exisfing grade to fh'st floor: a,-q,, .~ awt-hqt-~e~-~-~l .~oo~-~cm drawing'. Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: mw~ .~e~y-y ~ eh a~l ~ ~r Porch at the front and 1-story shed at back side. Deck @ back & west. Number ofFloors and Changes WITH Alterations: ~,~ ohn~g~ e~ ,~,,mh~r of stories IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ 27 g _ 92 ~_ f_ Proposed increase of building coverage: 8% 5 s. f. Square footage of your lot: 8 2 7 6.4 Percentage of coverage of your lot by building area: 2 ~ V. PurposeofNewConstruc~on: C)w~o_ra_ ~ ~oun]~ w'ith ~ ch~'ldr~n n,=,~c] mc~re space. The ~ouse is 706 s.~. on t~e 1st ~£o~r anO 560 on t~e 2nO £1oor. It' was built as army housinq. Upstairs bedrooms have walls only 5' hiqh on the east and west sides of the house. Owners want an additional downstairs bedroom. VI. Pl~sedesc~bethelandcon~u~(fla~siope%,heavilywood~,mareharea, etc.)onyourland andhowitrelatestothedi~cui~ ~ m~tin~thecode requirements): The lot is irregularly shaped and also small. 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,r2005; 1/2007 617.20 ~b c Slate E~vlronment*l Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Oniy $EQR .PART I--PROJECT INFORMATION (To be completed by Applicant ot Project sponsor) 1. APPUI~'~rl'/~FQN~OR i 2. IqK~E~r NAME Susan Young I Bloethe Residence Addition Fishers Islandt NY ~ Suffolk 4. PRECISE lOCATION (Stmet acldm$ ~nd ro~d httertectlmt~ pmmln~tt ~ etc.. M ~ n~ DYe~ ~N(~ ~f~~ ~ea variance re~ired due to rear yard and lot coverage r-Ey, rl~No 11. OOE~. N,(y ASpsGT OF TH E ACT1QN HA.V~ A CI.qw%~HT'.bY VALJD P~RidlI' OR AlqqK;(AL? ~NO If the acthm COlltal Area, and you am · irate agency, complete the COlltll AlleSlment Form b~fom proGeedbg ndth th~ lSll~lment OVER ~ART II--ENVIRONMENTAL ASSE$'~IENT ,(To be compietect 0y Agency) B. WIL~. ACT[ON RECEIVE COORDINAT~:D REVI{~W AS RIROVIDF. D FOR UNLtSTEID ACTIONS tN 6 NYCRR. PART 517.6'~ It N~). a negative cectarat~o,-. may be suoerse~ed by anolher involveC agency. PART Ill--DETERMINATION OF SIGNIRCANCE (To be completed by AgenCy) INSTRUCTIONS: For each acIve~e etf~t KN~titied at~o~, det~ifle vdlether it.is SUl~Mntili, I~rge, important o¢ otherwiDe significant. Each effect sl~ould De &ssessed in ~on~ctloe with Its (a) setUn~ ~i.e. ul~a~ ~' torsi};. (o) Dr~l~al~llty of occumn~; (c) dur&liort; (d) ifrever$ibility; (el geog~ap'nic scope; end (f) magNtude. If ~e~a~, al~ attsul~me~t$ or referenda suppling materials- E~sute that explanations contain sufficient detail to ~ Utat ~1 relevant ~ impa~ts have ~ identlfi~l a~l a~equstaly addrecs~L If- - question D of Pall II was cl~cke~l yes. tl~e O~e~mi~tlon and significance must evaluate the potefltiat impact of the propose~ ectio~, on the environmental characteristics of ina CEA. [] Check this box if you have identified one or more potentYally la.,ge or significant adverse ira'S,acts which MAY occur. Then proceed directly to the FULL EAF all(I/or prepare a p~sitive declaration. [] Check this box if you have determined, based on the information and analysis above and any supl~orting documentation, that the proponsd action WILL NOT result in any significant ac:iversa anvironmerKa] impacts AND provide on attachmaflts as necessary, the masons SupPm'tlng this clatermlnation: Prate 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. YOURNAME: Susan E. Younq (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: (Cheek 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-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 ~ o~O*~ Signature: Q.~y~/~,~. c~ ~ 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 vossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: William Bloethe (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-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 1 2009 Submitted thistleS_ day of~ ~, PrintName: William Bloethe 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: ~4arlen Bloethe (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 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, maniage, 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 oftbe 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 DOARD OF ,4ppE,4LS Submitted this.~2~g of print Name:'a ' l~a r'i'~n B5 6e~l~.e William & Marlen Bloethe PO 446, Fishers Island, NY 06390 April 6, 2009 Southold Board of Appeals Town Hall 53095 Main Road Southold, NY 11971 Re: Letter of Authorization I District 1000 Section 012, Block,ti, Lot 13.1 Dear Board Members: As an owner of the above mentioned property, I hereby authorize the following person 10024 to file an appeal of the recent building department denial of permit to the Southold Board of Appeals. Susan E. Young, Architect 215 West 88t~ Street, New York Thank you, NY 10024 William Bloethe Marlen Bloethe · TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOU'IHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20 Disapproved PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or ~[~e/~ving, befor~ BOard otnlsl~ffn~ 4 sets of Building Plans Plannin~ Board approval Surve'z Ch~k Septic Form N.Y.S.D.E.C. Fknxt Permit Phone: New York, NY, 10024 ExphatJon ,20 212 724-7204 areas, and waterways. Building Inspector %PPLICATION FOR BUILDING PERMIT Date Maroh 23 ,20 09 INSTRUCTIONS ~mpletely filled in by Wpewriter or in ink and submitted to the Building Inspector with 4 Fee according to schedule. · lot and of buildings on premises, relationship to adjoining premises or public stxeets or 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. Evexy building permit shall expire if the work authorized has not commenced within 12 months aider the date of issuance or has not been compl~ed 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 Sonthold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of building% additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building cede, homing code, end regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 215 West 88th St..Ste.6h NY.NY 10024 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electxician, plumber or builder Architect (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. By owner Plumbers License No. Electricians License No. Other Trade's License No. Architect 02 6 617 1. Location of land on which proposed work will be done: House Number Street Hamlet County T~x Map No. 1000 Section 12 Block ~ I Lot 13.1 Subdivision Filed Map No. Lot 2. State existing use and occupancJ~ .r~_s and intended use and occupancy of proud ~mction: a. Existing use and occupancy Sinc~le- famiiv residence b. Intended use and occupancy sln_ol~-fami ] y residence 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. EstimatedCnst $70,000 5. If dwelling, number of dwelling units If garage, number of cam Addition X Alteration Other Work (Description) Fee (To be paid on filing this application) I Number of dwelling units on each floor 1 / ?. 1 / ? 6. If business, commemiai or mixed occupancy, speeify nature and extent of each type of use. 7. Dimensions of existing stxuctures, if any: Front 20 feet Height 24 feet: Number of Stories ~ Depth Dimensions of same structure with alterations or additions: Front 44 feet Rear Depth 52 feet; Height 24 feet Number of Stories 2 Dimensions ofantire new construction: Front 24 feet Rear 32 feet Depth 12 Height 25 feet; Number of Stodes 2 9. Size oflot: Front 112 f~el- Rear ~n ,-a a/n~,, Depth 91'-4" 10. Date of Purchnse 2004 Name of Former Owner M~ ~ha, 1 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO 13. Will lot be re-graded? YES__ NO x Will excess fill be removed from premises? YES NOx wrbloethe@9~nail.com Box 446, Fishers Isle, NY 06390 860 550 0081 14. NamesofOwnerofpremises W&M Bloethe Address PhoneNo.631 788-7122 NameofAxchiteet s. Youn_(j Box 662 Fish~re~le.. ATY 06390 PhoneNo 631 788-7434 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES __ NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO x 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at I0 feet or below, must provide topographical data on survey. 18. Are them any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO x STATE OF NEW YORK) SS: COUNTY OF ) Susan E. Young, R.A. being duly sworn, deposes and says that (s)be is the applicant (Name of individual signing contract) above named, (S)He is the Aqent (Conlractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly author/zed to peaform or have performed the said work and to make and file this application; that all statements contained in this application are hue to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of~ 20~ Notary Public MICHAEL ROBERTS Notary Public, Stste cf New York No. 31-4732348 Qualified in New York County Commission Expires June 30, 2009 TOWN OF SOUTHOLD PRoI~RTY RECORD CARD OWNER STREET VILLAGE DIST', SUB. LOT FOR~VjER OWNER ,,~ ~ . ~ N E ACR. J ¥--~ 0 C~/~,C.o~rflO, v[,.~r~6~' S W TYPEOF BUILDING. ~/0 S~S. VL. FARM CO~. CB. MICS. Mkt. Volu~ ~ND IMP. TOTAL DATE R~RKS W~lond FRONTAGE ON ROAD M~adow~d DEPTH ~' Hou~ BULKH~D Total COLOR TRIM M Bldg. Extension Extension Porch ~, x/£ -- /¢y' Foundation Basement Ext. Walls Fire Place Type Roof Garage Patio Recreation Room O.B. Dormer Total Both Floors nteri°r Finish Dinette K~ LR. Heat DR. Rooms 1st Floor BR. Rooms 2nd Floor FIN. B Driveway COLOR TRIM ~arage ' ~atlo ).B. I'otal Foundatl6n Ext. Walls Fire 'Place Type Roof Recre~.tio. Dormer Bath / Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway DR. BR. Historic Photo Bloethe Property in the Foreground Greenwood Road Looking north past the brick barracks ~md non-commissioned officers quarters 1910s. The first three NCC) qtmrters on the right were built in tile initial wave of construction in 1901-02.The fourth dates fi'om 1904-05 The brick bar~{cks stood on what is now the site of the FisI~ers lshmd School Historic Photo Bloethe Property in the Foreground on Greenwood Road Historic Photo Circa 1914 looking Northwest Bloethe Residence (North Side of Fort Wright Houses) Bloethe Property in the Foreground (Notice the Aligned Facades along Greenwood Road) Bloethe Residence ~ ) ~ (Looking Northwest Bloethe Residence g Northeast) Bloethe Residence (Back Yard Looking West) · · · · · · · · N 382t300w q~2 ~,.~' 2.2A(,-) 4,3 U.S.A. 4,4 4,7A TOWN OF SOUTHOLD 17.1 $.4A(c) UNION FREE SCHOOL DISTRICT %% \ IO 2.8A(c) N INSERT SUSAN E. YOUNG, ARCHITECT Apd116,2009 Southold Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Bloethe Appeal From the Decision of the Building Inspector for Area Variance District 1000, Section 12, Block 1, Lot 13.1 t~°'4~t~ o:: nop~nt$ Dear Board Members: We respectfully request reconsideration of the building inspector's denial of a permit to construct an addition to a one-family dwelling. TABLE OF CONTENTS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Memorandum 4/18/09 Notice of Disapproval Application for Building Permit (Two Sided) ZBA Forms: Appeal from the Decision of the Building Inspector (Two Sided) Environmental Assessment Form (Two Sided) ZBA Questionnaire Letters of Authorization Applicant Transactional Disclosure Forms Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit g Exhibit 10 Site Plan at 1/16" = 1 foot Architectural Drawings: Plans, Elevations and Sections at 1/8" = 1 foot Southold Property Record Card Photographs or Existing Conditions, Yards Surrounds Also: Ft. Wright historic photos Location Map - from Tax Map Zoning Notes & Lot Coverage Sincerely, Susan E. Yed'ng, .,~.A/ NYC: 215 WEST 88TM STREET, NEW YORK, NY 10024 - TEL: (212) 724-7204, FAX:(212) 724-9779 FISHERS 1SLAND: P.O. BOX 662, FISHERS ISLAND, NY 06390 - TEL & FAX: (631) 788-7434 E-MAlL: SI YOUNG~RCN.COM ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTH, AR 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 April 27, 2009 Zoning Appeal No. 6303 Transmitted herewith is Zoning Appeals No. 6303 Of William & Marlen Bloethe the Application to the Southold Town Zoning Board of Appeals, Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form 2 pages, Transactional Disclosure Form Submitted April 11, 2009, Transactional Disclosure Form Submitted April 12, 2009 2 pages, Authorization Letter to Susan E. Young, Architect from William and Marlen Bloethe Dated April 6, 2009, Letter of Table of Contents from Susan E. Young, Architect Dated Aprill 6th, 2009, Exhibit 1 Memorandum 2 pages Dated April 21, 2009, Exhibit 2 Notice of Disapproval Dated April6, 2009, Exhibit 3 Application for Building Permit (2 sided), Exhibit 4 ZBA Forms, Exhibit 5 Site Plan at 1/16 = 1 Foot, Exhibit 6 Architectural Drawings: Plans, Elevations and Sections at 1/8 = 1 foot received April 21, 2009 8 Pages, Exhibit 7 Southold Property Card 2 Pages, Exhibit 8, Photographs or Existing Conditions, Yard Surrounds and Also FT. Wright Historic Photos 12 Pages, Exhibit 9 Tax Map, Exhibit 10 Zoning Notes and lot coverage 2 pages l'own Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/24/09 * * * RECEIPT * * * Receipt~: 46446 Transaction(s): 1 1 Application Fees Reference Subtotal 6303 $600.00 Check#: 700 Total Paid: $600.00 Name: Bloethe, William R. 4446 Crescent Ave Fishers Island, NY 06390 Clerk ID: CAROLH Internal ID: 6303 APPEALS BOAR[) MEMBERS Rnth D. Oliva. Chaiv. voman Gerard P. Goehringer Vincent Orlando James Dinizio. Michael A. Simon h~tp://southoldtown.northfork.ner BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (6311 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 ZB Ref. 5586 - CURTIS and SUSAN RAND Property Location: Greenwood Road, Fishers Island; CTM 12-1-13.3. Sourhold To'~t.'[i Hall 53095 Main Road - RD. Box 117~ Southold. NY 11971-0959 Office Location: Town Annex/First Floor. North Fork B;u~k 54375 Main Road (al Youngs Avenuel $outi~old. NY 11971 RECEIVED //;¥$ ,~ ,,~! APR ! 5 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 9,147.6 sq. ft. parcel has 93+- [eet along Greenwood Road, Fishers Island. The property is improved with a two-sto~/ dwelling presently 27'11'+- feet from the front lot line, and without the as-built deck, 32'4"+- feet from the rear lot line, as shown on the site map prepared by Susan Young, Architect. BASIS OF APPLICATION: Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004 Notice of Disapproval, citing Sections 100-242A and 100-244, in its denial of a building permit concerning porch reconstruction and an as-built rear deck addition at less than 35 feet from the rear and front lot lines. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on March 3, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANOE RELIEF REQUESTED: The applicant wishes to reconstruct the 8 ft' by 35'4" front open porch which will be 27'11" from the front lot line adjacent to Greenwood Road. The new 12'5" by 31'2" wide rear deck, as built, will be 19'11" from the rear line. No changes are proposed in the side yards. : REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood ora detriment to nearby properties. The one-story front porch will replace an existing porch, and will remain open on three sides. The rear deck will remain open and unroofed, and must be compliant with all codes. The house is in excess of 50 years of age, and cannot be Changed. Page 2 - March 10, 2005 ZB Ref. 5586 -C. and S. Rand CTM ID: 12-1-13.3 There are similar setbacks of other homes in the neighborhood, although the requested 27'11" front yard setback and 19'11" rear yard are the maximum reductions from the code that the board will approve under the circumstances. 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 home is at least 50 years of age and cannot be changed. The one-story front porch is existing, and the new construction is a replacement of same. 3. The variance,granted herein is substantial. The code requires a minimum of 35 feet for the front yard, and 35 feet for the rear yard. The reconstruction of the existing porch will be a 20% reduction from the front setback requirement, and the deck will be a 43% reduction of the code requirement. 4. The difficulty ~was se/f-created and is related to the need for a porch and an open rear yard deck, designed as additions to a home in a nonconforming footprint, and planned without conforming to the current Town Code requirements. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the Physical or environmental conditions in the neighborhood. 6. Grant of the. requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Goehringer, seconded by Member Simon, and duly carried, to GRANT the variance as applied for, as shown on the site map prepared by Susan Young, Architect and date stamped by the ZBA January 13, 2005, SUBJECT to the condition that the rear deck shall remain 'open to the sky'. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehdnger, Dinizio, and Simon. This Resolution was duly adopted (5-0~--~, Ruth D. Oliva, Chairwoman 4/14/05 Approved for Filing LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MARCH 3, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the $OUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 3, 2005: 12:15 PM CURTIS and SUSAN RAND #5586. Request for Variances under Sections 100-2.42A and 100-244, based on the Building Department's May 14, 2003 Notice of Disapproval, amended October 13, 2004. The reasons stated in the disapproval are that the proposed porch reconstruction and as-built rear deck addition will be less than 35 feet from the rear and front lot lines. Location of Property: Greenwood Road, Fishers Island; CTM 12-1-13.3. 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. If you have questions, please do not hesitate to call (631 ) 765-1809. Dated: February 7, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN III I i llll~,,,~ Ap~No. 2952 by application ' Dn~ February 17, 1982 ACTION OF THE ZONING BOAKD OF APPEALS OF T~m TOW~ OF SOUTHOLD To Mr. and Mrs. Daniel N. Baird 625 Congress Street Neenah ~ Wisconsin 54956 .................... ~ ~e ~ Ordinate ami the ~-ton o! ~e B~ld~g l~pector ( ). be ~versed ( ) be ~~ 7:30 p.m. Application of Daniel N. and Carolyn K the Zoning Ordinance, Article VII, Section 100-71 for permission to construct deck addition to dwelling with an insufficient rear- (SEE REVERSE SIDE) (SEE REVERSE SIDE) (sEE REVERSE SIDE) FOI~M ZB4 Gerard P. Goehringer, Chairman By this appeal, applicants seek permission to construct 12' by 34' deck to existing dwelling leaving an insufficient rearyard setback of 16 feet. The premises in question contains an area of approximately 8,928 square feet, with 93' frontage on Green- wood Road and an average depth of 96 feet. The board finds that the premises has minimal practical building area; and the loca- tion requested is most feasible under the circumstances. In considering this appeal, the board determines that the variance request in not s~bstantial in relation to the code requirer~ents; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a vari- ance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to approve the application of Daniel N. and Carolyn K. Baird, Appeal No. 2952 for a variance to the zoning ordinance for permission to construct a deck in the rearyard area as applied .for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the deck not protrude forward of the decks on the neighboring parcels; 2. That t~e deck not be enclosed or roofed (to remain as open deck area); 3. That t~e deck not be used as habitable living area. Location of Property: 11 Greenwood Road, Fishers Island, NY; County Tax Map Parcel No. 1000-12-1-13.1. Vote of the Board: Ayes: Goehringer, Grigonis, Douglass and Sawicki. Messr. Doyen was absent. Chairm~n ~ard ef Appeals RECEIVED AND ~/LED BY T},~ SOUTI.{OLD TOV~N CLERK DAT~ O Ap~ N~ 2718 D~d June 30, '1980 To Mr. and Mrs. Wilfred G. Gilman, Jr. 22 Scotland Avenue Madison, CT 06443 ~r~mp.m. Application of Wilfred G. Gilmanr Jr., 22 Scot- construct addition with insufficient rearyard. Location of property: 12 Greenwood Road, Fishers Island, New York~ bounded north by Baird, east by F.I. Ferry District, south by Congrega- Item No. 1000-12-1-13.1. .. ~ ,~. (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (SEE REVERSE SIDE) (would not) After investigation and inspection, the Board finds that applicant proposes to construct at deck in the side and rear yard areas at the residence known as 12 Greenwood Road, Fishers Island, New York, requiring a rearyard setback variance of 14.3' at the nearest point between the deck and the property line. The Board agrees with the reasoning of the applicant. The Board finds the circumstances present in this case unique, and striot application of the ordinance would pro- duce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On m~tion by Mr. Doyen, seconded by Mr. Douglass, it wa s RESOLVED, that Wilfred G. Gilman~ Jr. and Kristine B. Gilman, 22 Scotland Avenue, M~adison, Connecticut 06443, be granted a Variance to the Zoning Ordinance, as applied for in Appeal No. 2718. Location of property: 12 Greenwood Road, Fishers Island, NY; bounded north by Baird, east by Fishers Island Ferry District, South by Congregational Christian Church, west by Greenwood Road; County Tax Map Item No. 1000-12- 1-13.1. Vote of the Board: Tuthill, Douglass and Goehringer. Ayes: Messrs. Grigonis, Doyen, ' APPIIOYED ApPeMNo. 2706 Da~4 May:!2, 1980 To Mr. James V. Righter 184 Livingston Street New Haven, CT 06511 DATZ .................. ~ ~e ~ 0~ and ~ decl~ of ~e Bu~ ~e~ ( ) be ~ve~ ( ) co~i~ed ~ Application of J~S V. RIGH~R, 184 Livingston Street, New Haven, Co~ecticut 06511, for a variance to the zoning ordnance, Article VII, Section 100-71 and Bulk Schedule, for pe~ission to construct addition wi~ insuf- ficient front and re~ryard setbacks. Location of property: side of Greenwood Road, Fishers Island; bounded north by.F.I. Fer~ District, east by Baird, south by Greenwood Road, west by Woolston, more particularl~ kno~ as %10 Green~od Road, Co~ty Tax Map Item NO. lO00-12-1-part of 13. (SEE ~RSE SIDE) (SEE REVERSE SIDE) fSBE REVERSE SIDE) (c) The variance (does) (does not) obserqe the spirit of the Ordinance end (would) (SEE REVERSE SIDE) (would not) FORM Z~ After investigation and inspection, the Board finds that the applicant is requesting permission to construct: (a) an addition with insufficient rearyard setback of 20' from the rear line, and (b) an addition with insufficient frontyard setback of 27' from the front line. The Board has found that the property is approxi- mately 180' x 95' with an existing structure approximately 38' by 48'. The Board agrees with the reasoning of the applicant, and feels that the additions will enhance the appearance of this building and the general neighborhood. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will not Change the character of the neighborhood and will observe the spirit of the ordinance. On mDtion by Mr. Doyen, seconded by Mr. Tuthill, it was RESOLVED, that JAM~S V. RIGHTER be granted a variance to the zoning ordinance, as applied for in Appeal No. 2706, per- mitting the construction of two additions, one with a rearyard setback of not less than 20 feet and the other with a frontyard setback of not less than 27 feet. Location of property: North side of Greenwood Ro~d, Fishers Island, New York; #10 Greenwood Road; bounded north by F.I. Ferry District, east by Baird, south by Greenwood Road, west by Woolston; County Tax Map Item No. 1000-12-1-part of 13. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Doyen, Douglass, Goehringer. PPROYED , P~ECEIVED AND ~/LED BY T~E $OU~HOLD TOWN DATE 7/~/~o HO~ To~ ~k, To~ ~ ~d  l{l N A~ No, 2657 Dat~ Dec'. 21, 1979 A~[ON OF ~ ZON~ ~OARD OF ~PE~ OF ~ TO~ OF ~0~ To Fishers Island Development Corp. A~pe~t by Richard F. La~k, Esq. Main Road~ Cutchog~le, NY 11935 (x) ReqUest for, ~r~m~ to me Zon~ O:~m.~ Art. XIV~ Section 100-144A (2) and B ( ) Art~ VII):Sec_tion 100-71 .co~i~n~m~ (SEE REVERSE) 2/28/80 9:00 P.M. Application of FISHERS ISLAND DEVELOPMENT CORP., Fishers Island, New York 06390, for a Variance to the Zoning Ordinance, Article VII~ Section 100-71, Article XIV, Section 10~-114, for approval of insufficient area and width of parcels~to'be established within a subdivision... Location of property: Greenwood Road, Fishers I~iand, New York; hounded north by Town of Southold; east by Congregational Christian Churches; south by Greenwood Road; wes't by Barmache and' the Town of Southold. County Tax Map Item No. 1000-012-001-13~ (SEE REVERSE) (SEE REVERSE) (SEE REVERSE) ZO~qNG BOAJ~D OF~.PPEALS After investigation and inspection, the Board finds that the applicant is requesting approval of' the insufficient area and width of four proposed parcels, having a total area of approximately 41,817 square feet, in a B-1 Zone, and having three preexisting two-fmmily dwellings and one single-family dwelling, which origi- nally, were utilized as offiers' quarters for the U.S. Army on Port H.G. Wright. The petitioner has indicated that the nonconform- ing use of the buildings has been continuous for a period of more than two years, and that he intends to remove the existing above ground electric poles and install underground electricity wiring to each of the dwellings. The Board finds that the character of the locality would not be altered and the property values in the area would not be decreased. Property located immediately west of the subject area presently owned by R. Barmache is similar to the nature of the proposed. Tha Board finds that the circumstances present ~n this case are unique, and that strict application of the ordinance would produco practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this Ease will not change the character of the neighborhoodand will observe the spirit, of the.ordinance. On motion by Mr. Doyen , seconded by Mr. Grigonis, P~ESOL%~iD, that FISHERS ISI~ND DEVELOP~_~IT COP~P., in Appeal No. 2657, be GRANTED a Variance to the Zoning Ordinance, Article VII, Sectlon. 100-71, and Article XIV, Section 100-114, approving the insufficient area and width as applied for, SUB,CT TO ¥0LLQ~ING CONDITION[S}: [1~ Subdivision approval from the Southold Town Planning Board. Location of property: Greenwood Road; Fishers Island, New York; bounded north bY Town of Southold, east by Congregational Christian Churches, south by Greenwood Road, west by Barmache and Town of So~thold; County Tax Map Item }~o. 1000-012-001-013. ' - Vote'~f the Board: Ayes: MessrS, Grigonis, Tuthill, Doyen and Goehringer. Absent: Messr. Douglass._ APPROYF..D '~Cha~rman Board:gl Appeals Apr ~7 O9 03:44p S. in~ 1 (~1) 788-7434 p.1 SUSAN E. YOUNG, ARCHITECT April 27, 2009 Southold Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Bloethe Agricultural Data Statement District 1000, Section 12, Block 1, Lot 13.1 By Fax: (631) 765-9064 Dear Board Members: Our lot is not within 500 feet of a farm operation. But let me know. I am certainly willing to fil out the form, but I am familiar with the area and don't see any farm. Direct neighbors are: a single family house (Rand), a church property, a school and the Fem. District. W~hin 500 feet beyond a neighboring property and across the street from tha pmperbj is a large undeveloped ama zoned R-400. This is an area of grasslands an( wetlands terminating in the beach and the airport. No farming operations are underway. This i~ an approach to one of the airport runways. Sincerely, Susan E(~Yj~'ng; A. I .A NYC: 215 WEST 88TM STREET, NEW YORK, NY 10024 - TEL: (212) 724-7204, FAX:(212) 724-9779 FISHERS ISLAND: P.O. BOX 662, FISHERS ISLAND, NY 06390 - TEL & FAX: (631) 788-7434 E-MAIL: SI!YOIING,~!RCN.COM PAGE 02 P.O, Drawer A - Fishers Island, New York O639O (631) 788 7444 - Fax (631) 788 5562 - Email RECEIVED BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (2~ame rJf ~l~plic~nts) CTM Parcel til000- 127 I - I ~. I 1 2 2009 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~Do~.O ~tart- , New Y~k, being duly sworn, ~lepose and sa), that: ' On the_Z~_day of ~2c30% } , ,~oosl , I persoually mailed at the United Stales Post Office ~/~¢q_-~ , New York, by CERTkF[E;D MAIL, RE]MRN RECE1PT REQUESTED, a true COl~-~f the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file w/th the ( ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or privqke street, or vehicular right-of-way of record surrounding the applicant's property. ~' ' Sworn to before me this i6",*Cday of C~t~ ,2000) (Notary Public) No. 31-4752348 Qualified In New York County Commission Expires June 30. 20~J PLEASE list~ on the back of this Affidavit or on a sheet of paper the 1o~ numbers nexl to the owne~ names and addresses tbr which notices were mailed. Thank you 40.61 $2.30 $ $5.71 ~ ~11112009 m Postage 0053 12 $5.71 ~11112009 $ ~.6! 0053 $2.80 12 $2.~) Here $ $5.?! 08/11/2009 Postage Certified Fee Relum Rectept Fee (Endorsement Required) Restricted Delivery Fee ._a (Endorsement Required) ILl ru Total Postage & Fees I'1'1 $2.80 12.30 Postmark Here ~/11/2009 RECEIVED AUt 1 ZOO9 BOARD OF APPEALS {0.61 (X)53 $2.80 12 L 15,71 .... 0~/11/20~ F · Complete items 1,2, and 3. Also complete item 4 if Restricted Dellve~ is desired. · Pflnt your neme and addrees on the reverse so that we can retum the card t~ you. · Attach this card to the back of the mailpisce, [] !~~m ~o~l~ for M~rohsndl~ [] Ir~ur~l M~il [] C.O.D. 2. Article Number 7003 2260 0000 ~860 OF 4 PF_.,4LS · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so thet we can tatum the card to you. · Attach this card to the back of the mailpiece, 1. A~tich~ Addressed to: PO r-I ,~ent D. Is daiive~ add~ess different fn3m item 17 [] Yes ff YES, enter delivepj address below: [] No 3. Service Type ~[ Certified Mail [] Ex~ Mall 2. Article Number (Trane fer from sen~ce/a~e0 PS Form 3811, February 2004 7003 2260 0000 1074 2853 Domestic Return Receipt · Complete items 1, 2, and 3. Also complet~ item 4 if Rest~cted Delivery is desired. · Print your name and eddmes on the reverse so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the f?ont it space permits. 1. ~ .~ddreesed to: Ecc~c$1o.$ iC. cL~ ~.Co~,o J D. Isdellve~eddressdiffemntfmmlteml? []Yes If YES, enter delivery address below: [] No ~" i . ) [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. [:~:~ i~ 4. RestrJctadDellvery?(ExbaFee) [] Yes ~ 7003 2260 0000 1~074 2846 · Complete items 1, 2, and 3. Also complete item 4 if RestriCted Delivery Is desired. · Print your name and address on the reveme so that we can retum the cerd to you. · Attach this card to the bsok of the mailpiace, [] Agent [] Addreesee nyes [] No Express Mall 4. Restricted Delivery? (Extra Fee) 2. Ar/tcie Numbe~ P8 Fom~ 3811, February 2004 7003 2260 0000 1074 2754 Domestic Return Receipt · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and eddress on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, ~ CerU~l Mail r-I Express Mail [] Registered [] Return Receipt fo~ Merchandise [] Insured Mail 0 C.O.D. 4. Resfltcted Deflve~ (Extra Fe~) OYes 7003 2260 0000 PS Form 3811, Felxuary 2004 1074 2877 1025~1540 ZONING BOARD OF APPEALS · TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name c~AppljCant)- i AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF .EW , N~ York, bei~ duly ~, ~ ~d say that: On the t <~' day of (:~o~flc ,200°) I personally placed the Town's official Poster, Nth the date of hearing and nature of my application. '.noted thereon, securely upon my proPerty, located ten(10) feet or closer item the street or right-of-way (driveway enlmnca) - feting 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 subject hearing date, which hearing d~ s shown to be prior to the date of lhe ~ Sworn to before me this (Notary Public) Notary Public, $;e'.o ;: ....... V,~rk No. 31-4732348 Guallfled In New York Count,/ Comml#lon Expire= June 30, 20J~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1-- week(s), successively, commencing on the 13t~ day of August, 2009 /) Prir~cipal Clerk Sworn to before me this land aloog the west and ~./. 18 feet from {he applicant's agricultural land south of Ihe wi0d t t~r bin¢ ~e applicant '$ proper. tics are shown with a~ area of 1 2 acres. or 22 49 acres w~th both the appllcant's $illgle [anlily dwelling and agricultural laod~ Loealion of ploperly; 2000 Or- egon Road. Mai{ituck;CTM 1000.10~1 ,~ part of 3 (now ~ I alld 32) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD 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 headng 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: 11:10 A.M. WILLIAM R. and MARLEN BLOETHE # 6303. Request for Variances under Zoning Code Sections 280-122 and 280-124, based on the Building Inspector's Apdl 6, 2009 Notice of Disapproval and ZBA Code Interpretation under R. Walz # 5039. The reasons that the building permit was disapproved concern proposed additions and alterations to an existing single-family dwelling, which new construction will be an increase in the degree of front yard setback nonconformity at less than 35 feet. Also requested is a vadance for additions which increase the lot coverage over the code limitation of 20 percent. Location of Property: Greenwood Road, Fishers Island; CTM 1000-12-1-13.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desidng to submit wdtten statements before the conclusion of each headng. Each hearing will not start earlier than designated above. Files are available for review dudng 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 (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEAL~I 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 Au.qust 10t~ Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, orReal 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 ie either a written statement or durin.q the hearin.q, providin,q the returned etter to us as soon as possible; AND not later the~h Au.qust ~lth: Please either mail or deliver to our office your Affdavt of ailing (form enclQ~ed) 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 ~nd provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August '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 Posting for receipt by our office before August 25, 2009. If you are not able t? meet the dead nes stated in this etter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE N UMBER 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: BLOETHE, W. & M. # 6303 MAP #: 12-1-13.1 VARIANCES: ADDITIONS-ALTERATIONS REQUEST: SETBACK + LOT COVERAGE DATE: THURS, AUG. 27th 1 1:10 A.M. 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 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youtlgs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 24, 2000 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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 #6303 Owner/Applicant: BLOETHE Action Requested: Setback and Lot Coverage Within 500 feet of:~ ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) · ( ) Boundary of Existing or Proposed County, State, Federal land. .. ( ) Boundary of Agricultural District If any other inform'~tion is needed, please d° not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman 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 1 1971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 23, 2009 Regular Mail and Fax Transmission 212-724-9779 Susan E. Young, R. A. 215 West 88th Street, Suite 6-H New York, NY 10024 Re: ZBA File #6303-Variance Application of William R. and Marlen Bloethe Dear Ms. Young: Enclosed please find a copy of the Zoning Board of Appeals determination rendered October 22, 2009. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary. You may want to furnish a supplemental copy of the enclosed at the time of submitting additional documentation requested of We Building Department. I have also furnished a ~py of the enclosed to the Building Department for their records. Thank you. Very truly yours, Linda Kowalski Encl. F.D. 27 BLOCK ~OARO 0~ APPE~ 146.67 W: 62,8'7k65 QUALITY CONTROL CERTIFICATION ]kLAN:; FISHERS ISLAND FERRY DISTRICT MONUMENT - ~ I T= N/F ~,,.. -(r'ouNc~) ~?' CURTIS G. RAND LOCATION MAP SCALE 1"=400', APPROXIMATE -LOCATION §" MAPLE 48" MAPLE APPROXIMATE SEWER LINE N/F ECCLESIASTICAL $OCtE'r¢ CONGREGATIONAL CHRIST CHURCH BENCHMARK- ELEVATION ,= 20.31 1,) PLAN OF MINOR SUBDNISION FOR FISHERS ISLAND DEVELOPMENT CORP. GREERWDOD ROAD SUBDIVISION FISHERS ISLAND, TOWN OF SDUTHOLD SUFFOLK COUNTY, NEW YORK SCALE: ~"=4D', NOVEMBER 30, 1979 REVISED THROUGH 06/SD/SO BY CHANDLER, PALMER &: KING, 1,) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON, ANY EXTENSION OF ~HE USE BEYOND THE PURPOSED AGREED TO BETWEEN IHE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT, 2.) IT IS A VIOLATION OF THE STATE EDUCA~ON LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN IIEM iN ANY WAY, 3,) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR, 4,) COORDINATE DISTANCES ARE MEASURED FROM U,S, COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". 5,) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 12, BLOCK 1, LOT iD, 6,) TOTAL AREA = 0,19:b ACRES (B,143J: BF') 7,) SITE IS LOCATED IN R-43 ZONE, 8,) BASE FOR LEVELS: NGVD 1929, 9,) PERCENT OF EXISTING LOT COVERAGE: 17% - 20% ALLOWED N/F VOL SF NOW OR FORMERLY VOLUME PAGE SQUARE FEET EXISTING CONTOURS BURIED WATER LINE OVERHEAD UTILITY LINE STOCKADE FENCE" TREELINE 20 IO O 20 GRAPHIC SCALE IN FEET DATE: SCALE: SHEET: _m 02/18/2009 1" = 20' 1 OF 1