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Home My WebLink About6320H~DRY~ J~a~ES. 632 Roanoke Avenue Riverhe&d, NY #19 WF AUgUSt 29, 1957 Special Excerpt i_0n Office Location: Town Annex/First Hoot, 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 /J~, ~.OC ~ Vl::~ ~ BOARD OF APPEALS ~3/ 2)' O,~ TOWN OF SOUTHOLD ~0¥ 2 2009 Tel. (631) 765-1809 Fax (631) 765-90~ ~~ FINDINGS, DELIBE~TIONS AND DETERMINATIO~fflh°ld ~o~n ~l~rl MEETING HELD October 22,200~ ZBA File # 6320 - Robert Swing, Applicant Property Location: 4295 Bay Shore Rd., Greenport CTM # 1000-53-06-24 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 10,063 square foot parcel as shown on the Survey prepared by John T. Metzger L.S. dated July 13, 2009. The property is improved with a single-story frame house and a frame shed. The property has a bulkhead that run~ along Shelter Island Sound to the East. The property abuts Bay Shore Road to the West,' Island View Lane to the South, and an adjoining property to the North. BASIS OF APPLICATION: Requests for Variances under Sections 280-116B and 280-124, based on the building Inspector's July 31, 2009 amended Notice of Disapproval concerning a deviation from the plans approved under ZBA #6159, requesting a height increase of the dwelling, which reconstruction is: (1) less than 10 feet from a single side yard, (2) less than 25 feet total, combined side yards and (3) less than 75 feet from the bulkhead. LWRP: TOWN CODE CHAPTER 268: A letter dated October 2, 2009 from Mark Terry, LWRP CoordinatOr, addressing the variances requested, made the recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. FINDINGS OF FACT Page 2 of 4 - October 22, 2009 ZBA File # 6320 - Robert Swing, Applicant Property Location: 4295 E~ay Shore Rd., Greenport CTM # 1000-53-6-24 The Zoning Board of Appeals held a public hearing on this application on October 1, 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: AREA VARIANCE RELIEF REQUESTED: The applicant requests authorization from the Board for the deviation of the Finished First Floor Elevation, regarding proposed Plans for an addition and alterations submitted, modified from that approved under ZBA File # 6159 for reconstruction in place and in kind of the pre-existing nonconforming single-family dwelling. The reCOnstruction of the pre-existing dwelling requires the following code setback requirements: (1)'~ single side yard less than 10 feet, (2)less than 25 feet total combined side yards, and (3)less than 75 feet from the bulkhead. ADDITIONAL INFORMATION: The applicant and property was granted under ZBA File #6159, an area v~riance for total lot coverage of 26.4% and a single side yard setback of 5.7 feet, a total si,de yard setback of 11.5 feet for a proposed addition and alterations to this pre-existing non-(~onforming one story frame house. Due to FEMA requirements, the finished first floor bf the pre-ex~sbng house and proposed construction must be raised 2 feet. This deviation from the proposed plans approved under ZBA #6159 has required the applicant to come before the Board for this application, requesting approval for these changes, also in: place and in kind of the pre-existing nonconforming dwelling under reconstruction. REASONS FOR 'BOARD ACTION: On the basis of testimony presented, materials submitted and pe~sonal inspections, the Board makes the following findings: 1. Town Law .~267-b(3~(b~(3)(1~. Grant of the variances will not produce an undesirable change in the cl'{~racter of the neighborhood or a detriment to nearby properties. The reconstruction of..the pre-existing dwelling and the proposed addition fits in with the character of the n~ighboring community. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. Due to FEMA requirements the ~pplicant is required to raise the finished first floor of the pre-existing non- conforming dwellihg by 2 feet which consequently results in a reconstruction of the whole dwelling. Due to FEMA requirements the applicant is also required to raise the proposed addition finished first floor elevation by 2 feet, which will require an authorization from the Board for the deviation from the approved plans of raising the finished floor height under ZBA file #6159. ~The dwelling exists, and will remain, in its pre-existing non-conforming location and any reconstruction or alteration will require a request for an area variance. 3. Town Law §267-b(3)(b)(3). The authorization of the Board to grant the deviation in height on the proposed plans is not substantial because the addition is still within the Code's height requiremeht, Although the variance requested for the side yard setback with respect Page 3 of 4 - October 2.2, 2009 ZBA File # 6320 - Robert Swing, Applicant Property Location: 4295'Bay Shore Rd., Greenport CTM # 1000-53-6-24 to the reconstructs!on of the pre-existing dwelling is substantial being less than 1 foot, and substantial with a,i bulkhead setback at 31 feet, the change in height by two feet is not substantial with regard to these setbacks, it continues to be substantial. 4. Town Law §267-b(3)(b)(5). The difficulty has been self created with respect to the submittal of the proposed construction on revised plans. The applicant's lack of knowledge of the governmental agency, FEMA, and its jurisdictions and requirements with respect to FEMA Building Codes has resulted in the re-evaluation of the application by the Board of ZBA file #6159 under the applicant's request for changes. Had the applicant been knowledgeable of the FEMA jurisdictions and requirements with respect to his property and proposed additioni then these FEMA requirements may have been addressed under ZBA file #6159 and the need to appear before the Board again may have been avoided. The difficulty has not been self created with respect to the side yard setback and bulkhead setback for the i reasons noted under ZBA File #6159 related to the pre-existing nonconforming location of the dwelling. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that variances to maintain a sin~!e side yard setback of less than 1 foot and a setback of 31+/- feet from the bulkhead to the pre-existing non-conforming dwelling after reconstruction in place and in kind in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enab!e the applicant to enjoy the benefit of a proposed addition, alteration and reconstruction of his pre-existing dwelling, 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 undbr New York Town Law 267-B, motion was offered by Member Schneider, seconded by Chairman Goehringer, and duly carried, to GRANT the variances as applied for, as shown on the amended Survey by John T. Metzger dated Ju!~ 13, 2009 and the Architectural Plans A-1 dated 6-29-09, A-0 and A-3 dated 9-10-08 revised 7-28-09 by Architecnologies, subject to the following Conditions: 1. The applicant ~!hall abide the decision(s) Granted in ZBA File #6159 alon.q with those modified in this deisision and shown on the above-noted diagrams/plans. 2. Applicant shal'l install a drywell system(s) capable of receivin.q and dispersin.q under.qround all waste water from the proposed outdoor shower, as per the requirements of the Stormwater Drainage Code of the Town of Southold. That the above conditions be written into the Buildin.q Inspector's Certificate of Occupancy, when issued. Page 4 of 4 - October 22, 2009 ZBA File # 6320 - Robert Swing, Applicant Property Location: 4295 Bay Shore Rd., Greenport CTM # 1000-53-6-24 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that doeS not increase the degree of nonconformity. Vote of the Board: Ayes: Members G}eh~(Chairman), Weisman, Simon, and Schneider. (^bsent was Member I-torning,) This Ro~l~ut/[o~s//~ulyjadopted 4-0. P. ehrin r, C-hai an 10/Xo/2009 ?, ~pproved for Filing / ;'t HOLE OAT4 EX/STING D~/ELLING & (NOT ON PILES 8 5 CU, YDS. OF FILL REQUIRED ADDITION. ON FOI,/NDA TION THE CONTRACTOR IS TO VERIFY ALL MEASUREMENTS IN THE FIELD AND AWY DISCREPANCIES ARE TO BE 8ROUC~T TO THE ATTENTION Of' TIlE ENGINEER PRIOR TO CONSTRUCTION, / N LOT COVERAGE LOT AREA ' 10063 SO. FT. AREA OF UPLANDS = ?503 EXISTING coVERAGE E~$T~6 DWELUN6 - 1~0.5 ~0~ ~ I~J~ C~TE ~ALKS & ~ER 182 ~T. ~ ~.~ EXlSTI~ CO~ ~ PROPOSED COVERA~ DWELL~G & A~TI~ & WALK 1809 SO. FT. ~4J~ NOTE: ALL SURROUNDING Dii£L~NG5 V4THIN. 150° HAVE PUSUC WATER ?5' I om fom#ior with the STANDARDS FOR ,4PPROVAI. AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond will obide by the conditions set forth therein ond on the permit to construct. The Iocqtion of wells ond cesspools shown hereon ore from field observotions ond or from doto obtoined from others. - 'Devotions referenced to N.G, V,D, ANY ALT'~RATION OR ADDITION TO THIS $URV~'Y IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEP! . PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIENA TURE APPEARS HEREON, AREA-10,063 SO. FT. ISLAND V, EW LANE SEPTIC SYSTi=M I -IOO0. GAL, 'PREO, t~:I' £YLINDRICAL SEPTIO TANK 8'~ '~' 3.3' LJOU~ D~'.PTH 5 -'LEACHtN~ POOLS l'~ ' R' DEPTH IVlI'H 3' ' PLAN LEACHING POOLS ~'~ac~ 5' . (5') 8' ~ "2' DEPTH ~ LI~(T$ OF WORK AREA WOOD RETA#aNG ~ALL TO RETAINF[L SURVEY OF PROPERTY A T ARSHAMOMOOUE TOFN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-53-06-24 SCALE: 1 ~20' JANUARY 29, 2008 FEB. 4, 2009 (REVISIONS) MARCH 6, 2009 (Rew'$ions) JUNE 16, 2009 (addlllon$I JUNE 29, 2009 (addlllo,~s) JULY 13, 2009 (LOFT & ATTIC) ~Tt ' 180.00° \. FINAL MAP REVIEWED BY ZBA SEE DECISION # L, SZb DATED /~ I ~ I ~oecl NO. 49618 (6.~I) P.O. 1230 TRAVELER STREET $OUIHOLD, N.~ 11971 765-1797 08-104 PROPOSED SECOND FLOOR LOb ~ PLAN BEDROOM #1 KITCHEN SUNROOM GREAT RM. PORCH PROPOSED FIRST FLOOR PLAN BATH/MUD RM. M, BATH M. BEDROOM OFFICE SET 6.29.09 PROV 1'-4 1/4" W. X B 1/4" H. IN-FLOW/OUT-FLOW SMASTVENT CCYP, ALL) (APPROX. 1200 BO. FT.) 7 TOTAL 1 7' PROV, 3 ADDITIONAL COURSES OF B" CONCRETE BLOCK W/RE-INF. (TYp. ALL) PROV, 1'-4 1/4" W. X 8 1/4" H. IN-FLOW/OUT-FLOW SMARTVENT (TYP, ALL) (APPROX. 1200 SQ. FI' ) 7 TOTAL BO~FOM LOCATED 1" ABOVE FINISHED FLOOR. SLABTO BE NO MORE THEN 12" BELOW FINISHED' GP~ADE, ~ EQ. 14'-4" EQ. - 9'-10"- PROV, 1'-4 1/4" W. X 8 1/4" H, I N-FLOW/OUT-FLOW SMABTVENT (TYP, ALL) (APPROX. 1200 SQ. FT,) 7 TOTAL BOTTOM LOCATED 1" ABOVE FINISHED FLOOR, SLAB TO BE NO MORE THEN 12" BELOW FINISHED GRADE, NEW CONCRETE FOUNDATION. 36'-1" 1 3'-9"- V.I.F. 7'-4 45I- PR(Dy. 3" CONCRETE SL[AB I THR(DUGHOUT NEW AREA. ' _ > ~ _ ~:_' _ 7'8" :~!~; 3,15,, 7'11"L [-J 7'2 I 0' 11' 51-1 16'-1 0" W/3 - ¢5 EA. WAY, FOUNDATION PLAN 14'-1 EQ." 23' 11 '-4" IN-FLOW/ OUTdFLOW SMARTVENT (T~yp. ALL) (APPROX, 1200 SC, FT,) 7 TOTAL BO~-FOM LOCATED 1" ABOVE FINISHED FLOOR, BLAB TO BE 3 ADDITIONAL COURSES OF 8" CONCRETE BLOCK W/RE-INF. (TYP. CALL AREAS) CRAWL SP,'ACE 10'-11" X 11'-6" ACCESS PANEL TO CRAWL SPACE, PBOV. PROV, 1/2" DIA. X 10" L. STEEL ANCHOR BOLTS FOR SILL PL, OF LIGHT FRAME CONSTRUCTION EMBEDDED INTO CONCRETE @ NO MORE THAN 3'-0" O,C. ~ 1 '-0" AWAY FROM EACH CORNER (TYPICAL ALL NEW FOUNDATION AREAS) I ~RACTOR TO NOTIFY THE ARCHITECT OF ANY AND ALL REVISIONS DUE TO FIEL'D /CONDITIONS, CLIENT, AND OF{ GENERAL CONTRACTOR WHICH DIFFER FROM THE l CONSTRUCT. DRAWINGS/SPEOIFIOATIONSj BY 6EE DECISION DATED./~ I__ RECEZVED JUL ~ 9 Z009 BOARD OF APPEAL~ 'OFFICE SET ] 9.10.08 LLJ DWG. NAME: PROPOSED FOUNDATION PLAN DWG, NO,: A-0 NOTE: EXISTING HOUSE TO SE DEMOLISHED TO EXISTING FOUNDATION WALL DUE TO EXTREME STURCTURAL DAMAGE TO FIRST FLOOR DECK AND PLATES PROV. CONC. TAPERED CAP & FIN, FLUE CAPS. FLASH AS REQUIRED PROV, CONT, "COBRA" RIDGE VENT REMOVE EXIST. CHIMNEY CAP & EXTEND OMU BLOCK, FLUES & FINISH BRICK TO MATCH EXIST, PROV, THROUGH FLASH. & COUNTER FLASH. PROV. FINISHED LEAD COATED COPPER FLASHING. ~FOTAL EXTENSION APPROX. 1 1 '-0") ~TOP OF A~rlC FL, ~ ~ I ~ ('~TOP OF SECOND FL, LO~. J L HINGLES 0YP, ALL AREAS) OVER 15 LB, FELT, (COLOR T,B D, PROV, "WEATHERWATOH' UNDER- LAYMENT ALONG ENTIRE BOTTOM EDGE OF ROOF UP 2'-0" (T~PIOAL) ALL ROOF SECTIONS), PROV. CONT. CROWN BELOW, WHITE ALUMINUM GU~FER AND ~ERS, (TYPICAF ALL AREAB), PROV, CONT, "AZEK" IBEAb BOARD SOFFIT W/SCREE N ED 1" VENT (~¢PICAL ALL AREAS), PROV, 5" EXPOSURE VINYL CEDAR SIDING ("CEDAR IMPRESSIONS" BY "OERTAINTEED" OR APP. EQUAL. PROV, 3 ADDITIONAL COURSES OF BLOCK, FINISIHED FIRST FI_, ELEVATION TO BE 1 1,1~ FINISHIED GARDE EAST ELEVATION TOP2 %PEE.W,NDOW__ 8' ~TOP OF FIRST FLOOR r~ GRADE // PROV. CONT. COBRA RIDGE VENT (TYPICAL ALL RIDGE AND HIPS), PROV, CONC, TAPERED CAP & FIN, FLUE CAPS, FLASH AS REQUIRED, FBOV, CULTURED STONE CHIMNEY OVER 1/2" CONCRETE BOARD, PROV. "LIFETIME" "GAF" ASPHALT iLES (TYp. ALL AREAS) OVER 1,5 LB, FELT, (COLOR T.B,D, PROV. WEATHEBWATOH UNDER* LAYMENT ALONG ENTIRE BO~FOM EDGE OF ROOF UP 21'-0" (T~PIOAL} ALL ROOF SECTIONSi), PROV, 3/4" x 6" "AZEK'" FRIEZE PROVIDE 1 1/2" "~ZEKJ~ CONT. CROWN BELOW, 6" WHITE ALUMINUM GU%FER AND (TYPICAL ALL AREAS). PROV. 5 EXPOSURE VI SIDING ( CEDAR IMPRESSIONS BY CERTAINTEED OR AIPP, EQUAL. WEST ELEVATION (EXISTING WINDOWS) NOTE: CONTRACTOR TO NOTIFY THE ARCHITECT OF ANY AND ALL REVISIONS DUE TO FIELD CONDITIONS, CLIENT, AND OR GENERAL CONTRACTOR WHICH DIFFER FROM THE CONSTRUCT, DRAWINGS/SPECIFICATIONS MAP BY DECISION # )ATED/~ JUL 2 8 2009 OFFICE SET 9.1 O.O8 LLI Z OALE: 1/4" = 1 '0" DWG. NAME: PROPOSED BUILDING ELEVATIONS DWG. NO.: A-3 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Frank Notaro For: Robert Swing P.O. Box 93 Mattituck, NY 11952 Please take notice that your application dated April 14, 2009: For permit for reconstruction and additions at: Location of property: 4295 Bayshore Rd., Greenport County Tax Map No. 1000 - Section 5~3 Block _6 Lot 24 Is returned herewith and disapproved on the tbllowing grounds: DATE: June 2, 2009 Revised: July 31, 2009 Per ZBA grant#6159 the applicant received relief based on plans dated 9-14-07, the building department received plans dated 1-28-09, which show a reconstruction of the dwelling with a height increase to conform with FEMA regulations. This would be a deviation from the original relief granted. Existing dwelling is being demolished and rebuilt, survey shows side yard of 0.1 foot and total side yard of 6.1 feet. Pursuant to Article XXIII, Section 280-124, nonconforming lots less than 20,000 sq. ft. shall be required to meet the following setbacks; minimum side yard of 10 feet with a total of 25 feet. Furthermore, according to Article XXII, Section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ... exists.., shall be set back not less than 75 feet from the bulkhead." Survey shows a setback of 31 feet +/- from the bulkhead. 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. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Frank Notaro For: Robert Swing P.O. Box 93 Mattituck, NY 11952 DATE: June 2, 2009 Please take notice that your application dated April 14, 2009: For pe,'mit fbr reconstruction and additions at: Locatioo of property: 4295 Bayshore Rd., Greenport County Tax Map No. 1000 - Section 5~3 Block _6 Lot 2~4 Is returned herewith and disapproved on tile following grounds: Per ZBA grant#6159 tile applicant received relief based on plans dated 9-144)7, the building department received plans dated 1-28-09, which show a reconstruction of the dwelling with a height increase to conlbml with FEMA regulations. This would be a deviation fi'oin the original relief granted. Pm'suant to Walz#5039 such reconstructiol~ would thus constitute an increase in the degree of llOllCOllfornlallCe. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Blfilding Departnlent. CC: file, Z.B.A. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 577 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board From: Mark Terry, Principal Planner (~'~,/' LWRP Coordinator'.---" Date: October 2, 2009 Re: ZBA File Reference No. 6320 ROBERT SWING SCTM# 1000-53-6-24 OCT - 5 2009 Requests for Variances under Sections 280-116B and 280-124, based on the Building Inspector's July 31,2009 amended Notice of Disapproval concerning a deviation from the plans approved under ZBA #6159, requesting a height increase of the dwelling, which reconstruction is: (1) less than 10 feet from a single side yard, (2) less than 25 feet total, combined side yards, and (3) less than 75 feet from the bulkhead. Location: 4295 Bay Shore Road, Greenport. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 31, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Sokol, Marc & Deirdre Penny m Swing, Robert Ehrlich, Richard (Main Road Corp.) Municipal File Numbers 6318 6319 6320 6322 Very truly yours, TRK:ds 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) 8534044 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED AUfi ~ 4 2009 I~OARD OF A~EALs THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING August 19, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission were 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 Swing, Robert Tenedios, Steve & Olga Parra, Lorraine Farrand-Mooney, Kathryn Meskouris, Chris & Maryann Shipman, Jon& Jennifer Morris, Betty Ann & Kevin Municipal File Numbers 6320 - o - 6323 6324 6335 632-6 6327 6328 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 · TEL: (63t) 765-1802 FAX: (631) 765-9502 www, north fork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: ~s~u~Ns ' ~ ~s ~pli~on ~ST s~ of p~, ~e plot pl~ ~o ~:F~ ~0~ m ~h~- . b. Plo~ p~ sho~g lo.on of lo~ ~d of ~l~gs ~ p~% r~l~o~ to ~jo~ p~ or pubhc s~e~ or c. ~e work cov~ by & U~n ~pmv~ of ~ a~a~on, ~e B~g ~t~ ~1t ~suea B~ld~g P~t ~ ~ appli~. Such a pc~it s~l ~ k~t on ~e p~s~ article for ~on ~u~om ~e work. e. No buil~g s~l ~ occupied or~ ~ ~le or ~ ~ for ~y p~ose w~ so cv~ ~fil ~ B~ld~g ~r issues a C~fi~ of Occ~cy. L ~ bui~ ~t s~l exp~ if ~e work ~u~o~ h~ not co~en~d wi~n 12 mo~ ~ ~e ~ of tss~ or ~ not ~n ~mp~d ~ ~w ~ ~ ~0n s~ mon~. ~, 9 ~ ~t ~b~ ~. ~PLICA~ON IS ~BY ~E t0 B~I~ ~ne ~inan~ of ~ To~ of SOU~OI~ S~olk Co~,'New Yor~ ~d o~ ~p~le L~ws, ~c~ or Re~lafio~, for ~ ~on ofb~, ~di~om, or ~O~ or for ~ova~ or d~oH~on ~p~t. ~s. ~ ~ty ~ ~1 ~ti~le.~aw~ q~ b~!~g ~e ho~g ~de, ~d ~0m, .~d to ~t APR 1OWN OF Sate wh~ ' ~plt~[ ~ o~, Ies~, ~ ~chimc~ ~r, g~cr~ con~t~, elicit, prober or bander n ti co or ............ ' ' pp ~ aao~ s~a~ ot amy aumo~ea omar (Name and title of corporate Officer) Plumbers License No, I ' Electricians License No. ' Other Tradc's License No. ' · c.' ,· .' '. . 1. Lo ationoflandonwhmhprol~oaedWorkwfllbedone, -- . / a .... ^~-~.. ~-,--N ouse l~umOer Street = ~ Had/det ~ ;o1~ ,Subdivision , '~MapNo, t~ ~ ~e) ,, ~nuoO ~ol;u~ nl be~lt~uO .... ~, O~Sr~tO ~3 nolaahnmoO · .: JUL 0 2009 State existing us~ and occupancy ~f premise~s and intended use~and occupancy o~f oroposed (X)~D nc.- a. Existing use and occupancy .,~i~-~il,,-~: ~:~,&l, ql~.~-~ ['~t~,[~~' ~[,~:ga}.~g,~ Nature ofwork(¢heckwhichapplicable):NewBuildinR I Ad~'~n~ ,~1 Altnmtioa Repair Removal Demolition Other Work Estimated Cost ~"~- ~ If dwelling~ number of dwellihg ~ts If garage~ number of cars , (Description) Fee (To be Paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify namm and extent of each type of use. 7, Dimansionsofexisfingstmctures, ifany:Front ~4'~, ~ Rear '~,' Depth Height , {~ L ~. Number of Stodes 1 Dimensions of same structure with alterations or additions: Front "~ ~__' Rear '~[~' ' Depth '~ 1'-4" Height .~C'.~L~. ~ ''~ Numb~rofStodes 8. Di.mensions ofent?e ne, w construction: Front ,~ ...~' Heght ~.~-~-~ Number of Stone~~ 'li'~ Rear '~f~' D~pth 9. Size oflot: Front .~g::7.~' Rear -7~' Depth ]C~:~ 10. Date of Purchase ~J,,qo~ Name 0?Former Owner / 11. Zone or use district in which premises are situated ~.. ~57 12. Does proposed construction violate any zoning law~ ordinance or regulation? YES, - NO 13. Will lot be m-graded? YES 14. Names of Owner 0f premises Name of Architect Name of Contractor -.q,~--~.-ff ~',~-;6 Address , ~'~ ". Phone No. ' 15 a- Is this property within 100 feet of a tidai wetiand or a ftesl~Water wetlandP*YE'$NO * IF YES, SOUTHOL. D, .TOWN TRUSTEES & D.E.C. PERMITS'MAY b. Is this property w~thin 300 feet ora tidal wetland? * YES ~' NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances 17. If elevation at any point on property is at 10 feet or below, must provi, STATE .OF NEW YORK) SS: COUNTY OF ) ~ ' ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contraet)~ above named, (s)H¢ is the (ContraCtor, Agent, Corporate Offioer, etc.) of said owner or owners, and is duly authorized to perform Or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the nmaner set forth in the apPUcation filed therewith. _I APPLICATION ~THE SOUTHOLD TOWN BOARJ~F APPEALS For Office Use Only Filed By:. Date Assigned/Assignment No. / JUL 2 gO0 Fee: $ Office Notes: Parcel House No. qZq~ Street ~.;,. ~ h¢ce~ ~--o~.~ Hamlet SCTM1000Section_~.t~Block ~) Lot(s) 2"/ LotSize 10, O~% Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: _~5,,a¢_. Z. ?~:~:>'t ~'~F '~/~'~ Applicant/Owner(s): '~-,4-~_~-~ Mailing Address: Telephone: NOTE: In addition to the above please complete below if applicatlon is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: for( )Owner, or ( )Other: Address: I'~qoS' ~.~ ~-~ ,~at+v~r..~ ~ p.o .'~a~c 73 t Telephone: ~i ~ ,7~ct ~ -I~ Z-5 Please ~:heck box to specify who you wish correspondence to be mailed to, from the above names: '[3 Applicant/Owner(s) J~.Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~:-Building Permit [3 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 Section 280- Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal~l'has [] has not heen made with respect to this property UNDER Appeal No. biS':/Year~_~9___. (Please be sure to research before completing this question m' call our office to assist you.). NameofApplicant: .~,che~-4-- ,-C~;a~ CTM# !Ot.:O-~'~-l'g.~ ZBAFile# REASONS FOR APPEAL (additional sheets map be ased with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief {equested is not substantial because: (4) The varianc~ will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (S) Has the alleged difficulty been self-created7 ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (t~lease 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 ~ A TTA CHED USE VARIANCE SHEET: ~Please be sure to consnlt your attorney.) ~(o 3 ~ Sworn ~fl~.e.for_e me thism.~ 0 day of _~r~_, 20 Signature of Appellant or Authorized Agent 022009 (Agent mast submit written Authorization from Owner) BARBARA H. TANDY Notary Public, Stata Of New York No. 01TA6086001 Qualified In Suffolk County Commlaalon Expiraa 01113/20 ~ QUESTIONNAIRE FOR FILING WlTH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? El Yes ~ No Are there any proposals to change or alter land contours? DNo fig,Yes, please explain on attached sheet. ..~I'.~, .l-~t7 1) Are there areas that contain sand or wetland grasses? ~ 2) Are these areas shown on the map submitted with this ~pplieat/on~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? C/e~ Please confirm status of your inquiry or application with the Trustees: {)e.r-~¥ ,~',> ~ and if issued, please attach copies of permtt 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? lo D Are there any patios, concrete barriers, bulldleads or fences that exist and are not shown on the survey map that you are submitting? /Oo:le.., (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? 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? M ,.~ the proximity of your lands on your map with this application. Ifyes, please label Please list present use or operations conducted at this parcel and proposed use q~.~..~ ,. (examples: existing: single-family; proposed: same with garage or pool, or 6ther description.) tJUL ~OARD OF APPF~LS A~dature and Date 2/05; 1/07 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~2oh e_J--~ ~o~nn Date Prepared: ~j~~f.2~_~/ I. For Demolition of Existiug Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor cxtension: ~'7.~' ' ,~ Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): ~- Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Character/sties BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase o f building coverage: /-40 ~' -~ ,:~)/~f. Square footage of your lot: /o.F) ~7, Percentage of coverage of your lot by building area: ' V. Purpose of New Construction: g2_..~. __. :., ,~ ~ ~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): / 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 ,[ 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL .,~$E~qSMENT FORM For U~LIXTED ACTIONS Only I v~o PART I - Project Information (To be complete by Applicant or ProjeCt spomor) 1. Applicant / Sponsor 2. Proiect Name 3. Proj0ct Iomtion: Municipality Count,/ 4. Precise location (Street address and road [ntemectJons. prominent landmarks, etc. or provide map) $, Is proposed aotion: (,,,N~ NEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project bdefly: 7. Amount of land affected: Initially: acres; Ultimately: acres 8. Will proposed aclion comply with existing or other existing land use restric0ons:0~) YES ( ) NO If No, descdbe briefly: 9. What Is present land use in vicinity of proiect: (describe): t{/~ Residential ( ) Industrial ( ) Commercial ( )Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) (~)~) YES ( ) NO If Yes. list agency(s) and permit/approvals: ~,~'.~, ~f~--'n-~ ,~, ~,o,.q. ~_:~,~ ~ 1 1. Does any aspect of the action have a currently valid permit or approval? (/~) YES ( ) NO If Yes, list agency(s) and permit/approvals: 12 As a result of proposed action, ~11 e~sting pe~lFapproval require modlfl~on? [(~ YES ( ) NO If Yes, list agency(s) and pe~iFapprovals: I certify that the information provided above is true to the best of my kn, owledge IApplican~ / Sponsor Name: ~ Date: ~. ,. ,'~. $1gnatur~____~ If the action i~ in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessmet~t AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must b~ completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet o fa farm operation located in agricultural district. AH applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: t~C\'-- i'J ~e. 6 ,~,,, 2) Address of Applicant: ~%,:/o~ 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: ~ 5) Description of Proposed Project: 6) Location of Prope~y (road and tax map number): ~7~ ? r~,~ ~i~<- ~',~ ~ i~ "~ ~ '~ 7) Is the p~cel within an ag~cultural disthct? ~o ~ Yes If yes, Agricultural District Number 8) Is this parcel actively famed?~o ~Yes 9) Name and ad,ess of ~y owner(s) of land within the agficult~al district containing active fa~ operation(s) located 500 feet of the bound~ of the proposed project. (Infomation may be available t~ough the Town Assessors Office, Town Hall location (765-~937) or from any public computer at the Town Hall locations by viewing the p~cel numbers on the Town of Southold Real Prope~y Tax System. Name and Address (Please use back side of page if more than six property owners are identified. The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at · -~ ;, , ~ ,~7I 765-1938 or the Zoning Board of Appeals at 765-1809. t /o? Signature of Applicant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider t[~:~t~:t of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 T~NSACTIONAL DISCLOSURE FO~ APPLICABL'Lt~o OWNER, CONTRACT VENDEE AN~GENT: The To~ 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 reformation, which can alert the Towa~ of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company nanm) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *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 Southold? "Relationship 'nc udes by blood, marriage, or business interest. "Business interest" means a business~ including a partnersh p, 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~ ~hares - NO If you answered "YES", cornplete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or descr/be 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 corporati6n); _ 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. DESCKIPTION OF RELATIONSHIP Submitted this "~ ¢¢ day of~t.J~a~ Signature:.. '~'~--T'- ~ -- PrintName: ~ ~ 07/01/2009 12:39 FA~ 6312981128 CANNON ~ 001 July 1,2009 I. Robert Swing residing at 96 Gun Club Road. Northport. N,y., 1! 768 do herby authorize Frank Notaro (architect) and/or Eric Nielsen (agent).to apply for permit(s) from any state or local agencies in my behalf for property located at: 4295 Bay Shore Road Southold, N,Y, 11971 ~~ JUL o,~2009 (owner's signature) ToWn of Southold INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM · e°'~° ov All applicants for permits* including Town of Southold agencies, shall complete il~s~t/~aF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency· *Except minor exempt actions including Building Permits and other ministerial permit3 not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and egplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). IFany 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 mom detail and, if necessary, modified prior to making a detennination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LV',q~ policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Plmming Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~2~ ~ ~.)/ The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard[~ Building Dept. [~ BoardofTrnstees [~] Category of Town of S outhold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constmction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (~--- eq%~it, approval, hcense, certi~hiio?~! ............................ ~ Nature and extent of action: Location ofaction: Site acreage: Presentlm~duse: Present zordng classification: RECEIVED JUL O 2009 BOARD OF APPEA~S If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency? 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 nsc 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. Attach additional sheets if necessary - Poiicy T. Tr~t~t-~d~fe~-rv~l~iSl~i~- h~'~l~-r~li~e6 ol~g~lT6~6u~'-0~ tli'~- oT~n~-S~uthold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-'] Yes [] No ~ Not Applicable RECEIVED ^ttadh additional sheets if necessary JUL 0 2 200~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town ~ t,l~ld. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~ No 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 I--1 No F1 Not App,icab,c Attach additional sheets if necessary Policy 5. Protect and itnprove water quality and supply in the Town of Southold. See LWRP Section/II - Policies Pages 16 through 21 for evaluation criteria ~] Yes [-~ No [~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southoid ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands See LWRP Section I -'t~)'~h-)~2"i'~(:i~;al~'~-n- c~'~ia. _ ............... ._ ....... II - PolicieA;..~P_aggs 22 RECEivED IUL Attach additional sheets if necessary ' 200~ BOa RD OF .4 p~.aI ~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - rmr~.es Pages 32 through 34 for evaluation criteria. Yes [-~ No ['~ Not Applicable Attach additional sheets if necessary Policy 8. Miuimize 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. [] Xes [~ No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Towu of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes ~] No [~ Not Applicable Attach additional sheets if necessary ........pot, i'cm wb-aki b, ........................................ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -~]]]-y~/ /-~-No "~]q'% t -A~-Plic alSie Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evalnation criteria. [~ Yes ~] 1No ~ Not Applicable 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· [--] Yes [-~ No [] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy anti mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [~ Not Applicable Created on 5/25/05 11:20 AM Residence S.C.T.M. # 1000-53-6-24 SwmgRes~den~ S g.T.M. # 1000-5.~-6-24 Swin Residence S.C.T.M. # 1000-53-6-24 Swing Residence S.C.T.M. # 1000-53-6-24 APPEALS BOARD MEMBERS~ Gerard P. Goehfinger, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown,northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: Southold Town Hall 53095 Main Road · P.O: Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16, 2008 ZB # 6159 - Application of Robert Swing Property Location: 4295 Bay Shore Road, Greenport Waterway: Shelter Island Sound at P~c0nic Bay CTM 53-6-24 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 a reply dated May 28, 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. LWRP DETERMINATION: On August 15, 2005 a letter was been submitted to the Board of Trustees by the Town LWRP Coordinator under Code Chapter 268, confirming reviews and stating the proposed construction of a second' story addition to the existing single-family structure is consistent, based on the information provided with the Assessment form, as well as records submitted to the department that a new septic system will be installed and a French drain will be installed along the southern side yard of the property, and establishment of a non,disturbance buffer along the landward side of the existing wood bulkhead. Based on the above, it is the decision of the Board of Appeals that the proposed construction, with a new Septic system and French drain along the southern side yard of the property proposed to be installed, and establishment of a non-disturbance buffer along the landward side of the existing wood bulkhead, for this current request (amended since the 2005 Page 2 - June 16, 2008 ZBA # 6159 - Robert Swing CTM 53'6-24 plan) to construct an addition on the west (front yard) side of the home, is consistent. PROPERTY FACTS/DESCRIPTION Applicant's single-family dwelling is located on a non-conforming lot of 10,063 square feet bordered by Island View Lane, Bay Shore Road, and Shelter Island Sound. BASIS OF APPLICATION: This is a request for Variances under Section 280-124, based on the Building Inspector's March 27, 2008 Notice of Disapproval concerning a proposed (westerly) addition and alterations to an existing (nonconforming) dwelling with a single'side yard at less than 10 feet, total side yards at less than 25 feet, and lot coverage exceeding the code limitation of 20%. The property is nonconforming with 10,063 square feet lot. Following the proposed~mstr~ction, the single family dwe~!ll have a single Side yard setbac~f 5.7 fe?~total side setback ~ 11.5 feet (5.7 and 5 8 feet), and a total lot coverage of 26.4 percent. AREA VARIANCE RELIEF REQUESTED: The applicant is requesting setback variances for a single side yard of 5.7 feet and a total side yard of 11.5 feet. The applicant also needs relief from the 20% lot coverage limitation allowed by law, as this is a request is for a maximum of 26% lot coverage (26.4% with the addition and remaining walk included on the calculation), as shown on the Peconic Surveyors, P.C. survey map amended April 8, 2008. the size of the addition approx. 17.5.feet by 36.2 feet wide. ADDITIONAL INFORMATION: The applicant stated he originally wanted to place the addition as a second-floor above the original dwelling, but the application was turned down by the NYS Department of Environmental Conservation. Therefore, the applicant proceeded to file applications with this · amended plan for an addition to the dwelling ac the front adjacent co Bay Shore Road. 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 variances will not produce an undesirable change in the character of the neighborhood or a determent to properties. The applicant wishes to enlarge his home for more living space. His home is in keeping with the neighborhood. The lot is only 10,063 square feet, of which only 6,834 square feet is upland area and very small. The addition as proposed fits in with the character of the neighboring community, Page 3 - June 16, 200~ 6159- Robert Sw~hg J~/~ 0~9~ ZBA CTM 53'6-24 ~O'q~ O,~~ and as a result will exhibit more conforming setbacks at 5.7 feet on the southerly single side, and 11.5 feet on the total sides, since the existing dwelling is only one foot from the property line. 2. Town Law §267'b(3)(b)(3)(2). The benefit sought by the applicant cannot be achieved by some method feasible to the applicant to pursue, other than an area variance because the property m pre-existing, non-conforming with respect to the Zoning Code and is land is reduced in s~ze, as a result of wetlands along the eastern-border adjacent to Shelter Island Sound. Due to the NYS DEC's denial of the original proposal, the applicant's only choice is to build on the front of the house, which will give more protection and a greater setback from the wetlands, and downsizing the overall side yard setbacks, reducing the amount of non'conformity with respect to zoning. The preexisting lot coverage is 19%, where 20% is the maximum permitted. In order to conform to the code, only 30.2 square feet would be permitted. Therefore the applicant must seek a variance for relief for any addition. 3. Town Law §267-b(3)(b)(3)(3). The amount of relief requested is not substantial because: The side yard setbacks of the new addition are more conforming, greater than the existing nonconformity of the dwelling. The new setbacks will be 5.7 feet instead of the one foot setback, and the 'total side yards will be 11.5 feet instead of the original total side yards of 6.1 feet. The lot coverage is 6% over the allowable 20% which is not substantial because the building lot area ~s smaller than the square footage of the entire lot size, after deducting the wetland area from the lot size calculations required by the Code. 4. Town Law .q267-b(3)(b)(3)(5). The variance granted herein is not substantial because of the non-conforming size of the lot and the applicant's trying to stay as close to the ~difficulty in placing a more livable home in a quite small area. 5. Town Law §267-b(3)(b)(3)(4). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a more spacious home, while preserving and protecting the character of the neighborhood. 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 Oliva, seconded by Member Weisman, and duly carried, to ZcB~ ~536.165.92~ Robert Swing ~,_J[~O 2 Grant the variances, as applied for~ shown on the April 8, 2008 amended survey prepared by Peconic Surveyors, P.C. and Architectural Plans A-l,. A-2, A-3, A-4, last dated 9-14-07. by Architecnologies. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board' reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the B6ard: Ayes: Members Goehringer (Chaff:man), Oliva, Dinizio, Simon and Weisman. Thi~.Reg6I'fl'~ wa~hrl, y adopted (5'0). // , ,~e~rd P~. ?oe_h.r!nger' Gghair~n 6/~/2008 // /~Approved for Filing / TOWN OF SOUTHOLD PROPERTY RECORD CARD / ~oo --.~- ~-.~,~ 7~ OWNER STREET L-]~_.(~'~-) VILLAGE DI~, SUB. ~LOT~' S W ~PE OF BUILDING ~ES. S~S. '~ VL FA~ jCOMM. CB. MISC. Mkt. Value A~ ~U~N~ CON~mON ~&~ ~/~a~ ~/~ ~-~ N~ NOR~L BELOW ABOVE' ~~ Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER .~: ~ Hou~ ~lot PEPTH / ~ / ~otal DOCK · Bldg. tension tens Jan tension rch ,rch eezeway ]rage ~tio ~tol COLOR Foundation Basement Ext. Walls Fire Place Type Roof Dormer Driveway Recreation Room Both Flgors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floo APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631/765-1809 · Fax (631) 765-9064 June 20,2008 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southol& NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Ms. Diane K. Wassick Suffolk En¥ironmental Consulting P. O. Box 2003 Bridgehampton, NY 11932 Re: ZBA #6159 - Robert Swing Variance application Dear Ms. Wassick: Transmitted for your records is a copy of the Board's June 16, '2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if net already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when fumishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Linfla Kowalski Encl. Copies of Decision to: Building Department Town Clerk (Original fei' filing) APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OFAPPEALS TOWN OFSOUTHOLD MEETING OF JANUARY 24, 2002 Appl. No. 6039 - ROGER AND LESLIE WALZ STREET & LOCATION: 2505 Old Orchard Road, East Marion DATE OF PUBLIC HEARING: November 15, 2001; November 29, 2001. FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Teleph°ne (6~ ' ~x~ IN THE MA~'rTER OF ROGER AND LESLIE WALZ, APPLICANTS, FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXIV Section 100-242A, entitled "Nonconforming buildings with conforming uses", to reverse the Building Inspector's determination rendered in the May 2, 2001 Notice of Disapproval. BASIS OF APPEAL: Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2, 2001, Notice of Disapproval for a building permit to construct a second- story addition to a one-family dwelling. The May 2, 2001 Notice of Disapproval recites the following: "Proposed addition not permitted pursuant to Article XXIV Section I00.242A which states, Ndthing In this Article shag be deemed to prevent the remodeling, reconstruction or'renovation of a nonconforming building containing a conforming use, provide that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. Existing structure has a nonconforming setback of 3 feet from the easterly side lot line and 6~i~ feet in the westerly side line. The addition of the second floor represents an Increase in the degree of nonconformity." PROPERTY DESCRIPTION: The subject property is a nonconforming lot, containing approximately .25 acres, located at 2505 Old Orchard Road, East Marion; SCTM 100-37-6-5. The lot is improved with applicants' house, which is a one-story building with side yards that are nonconforming under Section 100-242A for nonconforming lots, which requires a minimum side yard setback of 10 ff. and a total of 25 ft. for both side yards. The building has a nonconforming setback of 3 feet from the eastedy side lot line and 6.5 feet in the westerly side line. RELIEF REQUESTED: Appllcant~ request the Board of Appeals to reverse the Building Inspector's determinalion that the proposed second-story addition over the "footprint" of the existing hnuse represents" an increase in the degree of nonconformity" per Section 242A. They contend Page 2 - January 24, Appl. No, 5039 - R. and L. Walz t000.37-6-5 at East Marion that the Building inspector improperly applied Section 242A, and request an Interpretation of the code provision. Applicants request the Board of Appeals to reveme the Building Inspector's determination on the following grounds: 1. Applicants maintain the second-story addition does not constitute an "increase in the degree of nonconformity" because the addition "goes up and not out", and is therefore no closer to the lot line. 2. Applicants contend that the degree of nonconformity should be measured as the horizontal distance from the "footprint" of the existing nonconforming building to the property line. Applicants acknowledge that existing side yard set backs are nonconforming and that the second-story addition would retain the nonconforming setbacks. However, applicants maintain that there is no change in the degree of nonconformity since "nothing is closer than that which exists" and therefore the code requirement is met. WHEREAS, the following code provisions are pertinent to this request: I. Article XXIV Section 242A, Nonconforming buildings with conforming uses, reads: Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or renovation of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. II. Section 100-13 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which falls, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which Is continuously maintained after the effective date of these regulations. WHEREAS, The Zoning Board of Appeals held public hearings on the matter on November 15, 2001 and November 29, 2001, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal observations of members of the board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The head of the Building Department testified that an increase in the degree of nonconformance will occur if the new construction or renovation to a nonconforming building Is located at/ or closer to the pre-existing nonconforming set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, Page 3 - January 24, Appl. No. 5039 - R. and L. Walz 1000-37-6-5 at East Marion and the proposed single-story addition is set back 3 feet 10 inches, there would be no increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the exact footprint of a nonconforming building would increase the degree of nonconformity, but if the second- story addition were set back more than existing footprint, for example 3 feet 10 inches,-no increase in the degree of nonconformance would occur, and the code provision of Section 242A would be met. 2. In examining the provisions set forth in 242A, the Board finds that the degree of a bulldintq's existing nonconformity is clearly established by the three-dimensional spaoe~ which does not comnlv with the regulations pettaininE to such buildlnRs. For example, if the code requires a minimum, side yard set back of 10 feet, and a single-story building's has a nonconforming set back of 3 feet, the degree of nonconformity is the 10 ft. by 20 ft. area, or 200 sq. ft. space which occupies the 10-foot, non-permitted building, side yard area. The degree of existing nonconformance has been established by the space which does not comply with the zoning regulations. 3. The Board finds that pursuant to section 242A, if the new construction, remodeling, reconstruction, or addition, to a nonconforming building creates a new area of nonconfor~mance, where none existed before, the degree of a building's nonconformity will be increased. For example, if the bulldlng's nonconforming 10 ft. by 20 ff. dimensions are expanded~ any part of the new construction which encroaches into the 10-foot, non- permlttedbuilding, side yard area would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformity. Similarly, if a second- floor were added straight up over the nonconforming t0 ft. by 20 ft. area, the addition would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the buildlng's existing footprint does not increase the degree of nonconformity, we find no legal basis for this conclusion. The second-floor addition will increase the building's established degree of nonconformity because there would be more area, more square footage, more volume, and more building within the 10-foot, non-permitted side yard area. Simply because the second floor is built on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity, where none existed before. 5. The Board agrees With the Building Inspector's determination that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 6. The Board finds that there is no basis in Section 242A to substantiate the Building Department's position that permits a nonconforming structure to expand into a nonconforming area If the expansion Is an inch less or a foot less than the existing bulldlng's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could be viewed as arbitrary Page 4 - January 24, 200. Appl. No. 5039 - R. and L. Walz 1000-37-6-5 at East Marion because the three dimensional space within which a structure is permitted to be built on a lot is defined by the town code regulations governing building set backs, maximum height and bulk. NOW, ON MOTION BY MEMBER TORTORA, SECONDED BY CHAIRMAN GOEHRINGER, BE IT RESOLVED, that the Board of Appeals Interprets Article XXIV, Section 242A to mean that: Remodeling, reuonstruction or enlargement of a nonconforming building with a conforming use is permitted provided that such action does not create and new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings, An increase in the deqree of nonconformance will occur if the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, and/or if the new construction creates a new area of nonconformance, either vertically or horizontaUy, where none existed before. NOW, THEREFORE BE IT FURTHER RESOLVED to DENY the applicants' request to reverse the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Tortora, Collins, and Homing. NAY: Member Dinlzio (voting against the decision, for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted (4-1). __ ~.~~~~'~ i / /'GerardgP~'O°ehrin~er' Chairman // , ,/~ Approved /- Town Clezk, Town of Southold Appeal No. Dated ACTION OF THE ZONING BOARD OF APPEALS OF New York. TO ~g, #, ~meslnod~r Appellant 632-----~oAve.. Rlvel~-d~ I. Y. At a meeting of the Zoning Board of Appeals on ~ 29 , 19 ~ , the reference appeal was considered and the action indicated below was taken on your: ( ) Request for an interpretation of the Zoning Ordinance (I) Request for a special permit under the Zoning Ordinance ( ) Request for variance to the Zoning Ordinance ( ) Request for a temporary permit 1. INTERPRETATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: 2. SPECIAL PERMIT. By resolution of the Board it was determined that: & special permit,s) be granted ( ) be denied pursuant to Article XIZ Section 3~6., Subsection ' , paragraph of the Zoning Ordinance, and the decision of the Building InsPector ( ) be reversed ( ) be confirmed because: 3. VARIANCE. By resolution of the Board, it was determined that: (a) Strict application of the Ordinance would, would not~ produce u~due hardship because (b) 'The hardship~created is, is not, unique and would, would not, be shared by all properties alike in the immediate vicinity of this property and in the same uae district because (c) The variance'does, does not, observe the spirit of the Ordinance and would~ W6uld not, change the character of the districts and, therefore~ it was further determined that the requested vafianc~ ~ ') be granted ( ) be denied and that the previous decision of the Building Inspector (i) be confirmed (ii~ be reversed, 4. T~2~?0RARY PERMIt. By resolution of the Board it was determined that a temporary~ permit ( ) be granted () be denied to be effective from 19 .until 19 when it shall become null and void. 5. EXTENSION TO TEMPORARY PERMIT. By resolution it was determinmd that an extensi6n to your temporary permit which expires .19 (') be granted ( ) be denied and that ( ) this extension will be effective from 19 until 19 when it shall become null and void. ( ) you are hereby ordered and instructed to cease and desist from any use of Your property which does not conform to the Zoning Ordinance. ~. ZONING BOARD OF APPEALS $rnoe L #eFer, ~es~e~A? LOt ~8, m-et ~Ade ~,%v ~ho~o Road. Pnoonie ~ %states, ~reeuport, N. Y., ?~t z 180t. 8~noe ~heTe ~0 no me, lama ava~Xable to enlarge lot boar~ af~se~ ~e g~au~ epeO~al empllon md ~r. Hmdl~ a~ ~o em~ fennee aS prope~F line ne ~Jno4s. APPEAL TO THE ZONING BOARD~0F APPEALS Na~e of Appellan~ Municipality APPEAL NO. ~~ New York, ~ Street and Number ~'~d" HERF~Y APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOP ON APPLICATION FOH BUILDING PERMIT NO. DATED , 19 WHEREBY THE BUILDING INSPECTOR ( ) GRANT ( ) DENY TO Name of Applicant for permit Of Street and Number Municipality State ( ) A PERMIT TO USE ( ) A PERMIT FOR OCCUPANCY ( ) A TEMPORARY PERMIT OR EXTENSION THEREOF ( ) A CERTIFICATE OF EXISTING USE 1. LOCATION OF THE'PROPERTY~ Street'& N~ber Use Dis%r~ct ~'Zpnink' ,. , Map~. 2. PROVISION(S) 0F T~ ZONING ORDINANCE APPE~ED (Indicate the Article sectton~ subsection and paragraph of the Zoning Ordinance being appealed by number. Do not Cuote the 0rdlnance.)~/~ ~. TYPE OF APPEAL Appeal is made herewith for ( ) An interpretation of the Zoning Ordinance or Zoning Map ( ) A special permit ~der the Zoning Ordinance or Zoning Map ~ A variance to the Zoning Ordinance or Zoming Map A temporary permit · . ~HEVI~S APPEAL~ A previous appeal has ( ) has not (~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal(s) was ( ) a requested interpretation ( ) a request for a special permit ( ) a request for a variance ( ) a temporary permit ~d was (were)made in Appeal No. dated ~9 ~ Appeal No. ~dated Appeal No. da~ed ~19 Appeal No. dated_ ~ 19 REAEON ~OR APPEAL (Complete relevant blank. Use extra sheet if necessary. (a) INTERP~TATION OF T~ ZONING ORDINANCE IS REQ~STED because (b) A SPECIAL ~IT ~DER T~ ZONING ORDINANCE IS REQUESTED Pursuant, to Ar~lcl~ Section.. Subsection Paragraph (c) A VARI~CE T0 T~ ZONING ORDINANCE IS REQUE~ED FOR T~ REASON (1) ~TRICT AP~I~AT~ON of the Ordinance would produce ~D~ HARDSHIP because~ ~(2) The hardshiR created is ~IQUE and is not ~hared~by all properties alike in the immediate vicinity of this property and in this use district because; ~~ REASON FOR APPEAL (Con't.) _~3) The VARIANCE would observe the spirit of the ordinance and would NOT CEANGE THE CHA.RACTER OF THE DISTRICT because: ~ ~ (~ ~ (d) A TEMPORARY PERMIT ~STED because: ~~~~ (e) EXTENSION TO A TEMPORARY PEHMIT IS REQUESTED because: S~rATE OF NE%,; YORK) Sworn to this [~ day of /~- 19 Notary Public ELIZABETH A. NEVILLE, H,MC, CMC TOWN CLERK REGISTB, 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 6, 2009 RE: Zoning Appeal No 6320 Transmitted herewith is Zoning Appeals No. 6320 of Robert Swing- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Applicant's Project Description, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, Application for Building Permit Dated 4/14/09, Notice of Disapproval Dated June 2, 2009, Authorization Letter from Robert Swing to Frank Notaro and or Eric Nielsen to represent him in this Matter, LWRP Consistency Assessment Form, Findings,Deliberations and Determination Meeting of June 16, 2008 ZB #6159 (4 Pages), Letter from ZBA to Ms Wassick Dated June 20, 2008, Southold Town Property Card, 2 Pages of Pictures, Copy of Survey of Property Dated Jan 29, 2008, Proposed Floor Plan (3 Pages) Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 07/02/09 * * * RECEIPT * * * Receipt~: 53662 Transaction(s): 1 1 Application Fees Reference Subtotal 6320 $600.00 Check#: 1097 Total Paid: $600.00 Name: Swing, Robert J. 445 Island View Lane Greenport, NY 11944 Clerk ID: CAROLH Internal ID: 6320 July 31,2009 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 ITECNOLOGIES P.O.Box 93 Re~ Mr. Robert Swing 4295 Bay Shore Road Southold, N.Y 11971 S.C.T.M # 1000-053-06-024 Z.B.A. #6159 To Whom It May Concern: Attached please find a copy of a disapproval from the Building Departmem dated June 2, 2009 and revised on July 31, 2009. Please add the attached disapproval to the file. If you have any additional questions regarding this request please give us a call at (631) 298-1129. Please send all correspondences to: Frank Nolaro P.O. Box 93 Mattimck, N.Y. 11952 Thank you, Frank Notaro R.A. _Q_ffice Location: Town Annex IFtrst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: F~][J V,L FACSIMILE TRANSMITTAL SHEET Date: TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thankyou. Senders Initial: ~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailim, Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 6, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6320 Owner/Swing, Robert Action Requested: Within 500 feet of: Reconstruction of dwelling with a height increase. ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural Distdct If any Other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 AUgust1, 2009 Mr. Thomaslsles, Director Suffolk County Departmentof 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 #6320 Owned Swing, Robert Action Requested: Within 500 feet of: File as revised: # 6320 Additions & raising house (setbacks). ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerar, d-f~. Goehringer~_, By: L~ Office Location: Town Annex/First Hoor, ~ ,ital One Bank 54375 Main Road (at Youn :s 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 July 31, 2009 Mark Terry, ,.Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA Fil~ Ref. No. #6320 Swing, Robert Dear Mark: We have received an application for demolition and reconstruction of a house on a non- conforming lOt with a height increase and setbacks less than 75 feet from bulkhead. A copy of the B~ilding Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. y our written~valuation with recommendations for this proposal, as required under the Code procedfii'es of LWRP SectiOn 268-5D is requested within 30 days of this letter. Thank you. Very truly yours, Encls. Gerard P. Goehringer Chairm~A_//~ By: ~-' - Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 1, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 1, 2009: 9:55 A.M. ROBERT SWING #6320. Requests for Variances under Sections 280.116B and 280-124, based on the Building Inspector's July 31, 2009 amended Notice of Disapproval concerning a deviation from the plans approved under ZBA #6159, requesting a height increase of the dwelling, which reconstruction is: (1) less than 10 feet from a single side yard, (2) less than 25 feet total, combined side yards, and (3) less than 75 feet from the bulkhead. Location of Property: 4295 Bay Shore Road, Greenport; CTM 1000-53-6.24 (adjacent to Shelter Island Sound. Pipes Cove). 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. The above 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 emaih Linda. Kowalski@Town. Southold.ny.us. Dated: September 8, 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 ~ONING BOARD OF APPEALS O '~ ~ ~o 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 September 1, 2009 Re: Town Code ChaPter 55 - Public Notices for Thursday, October 1, 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 September 14th 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 conStructional: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' Qffice located at Southold Town Hall, or Real Property Office at the County Center, Riverhead~ If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of youi' ability, and to confirm how arrangements were made in either a written statement, or during, the hearinq, providing the returned letter to us as soon as possible; AND not later thani September 16th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with th~ green/white receipts postmarked by the Post Offce When the green signature cards ar~: returned to you later by the Post Offce p ease ma 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 September 22rd: Please make arrangements to place the enclosed Poster on a r signboard such as;,ca dboard, 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 Postinq for receipt by our office before September 29, 2009. If you are not able~ 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. .i Town Annex/First laloor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: TOTAL NO. OF PAGES 'INCLUDING COVER: -- I° SENDER'S TELEPHONE NUMBER; 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............... HOTES/COMMEHTS: Please find attached copy/copies of the following: Thank you. Sende~slnifia~:~ 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 17t~ day of September, 2009. ~jJ Sworn to before me this Principal Clerk day of '~ ,,~ 2009. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Swing, Robert # 6320 MAP #: 53.-6-24 VARIANCE: SETBACKS- HEIGHT CHANGE REQUEST: RECONSTRUCTION OF DWELLING DATE: THURS, OCT 1, 2009 9:55 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- ~-~- .X .X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at / ~,~ ~ ,~ ~ ~t/z.',-~ ~,-~ , New York, being duly sworn, depose and say that: ,. On the ( '~-- day of .--~;~°r~'''''''~---, 200'~, I personally mailed at the United States Post Office in ,,z'[k-~~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid, envelopes addressed to current owners shown on the current assessment.roll vedfied fr6m the official records on file with the {~.sseSsors, 'or ( ) County Real Property Office' , for every property which abuts and is across a public or private street, or vehicular right-of- way of: record, surrounding the applicant's property. (Signature) Sworn to before me this ' c~'~ day of ~.../~¢wtlc~r ~ 200 9 / No. 01TA6086001 Qualified In Suffolk Court/, Commission Expires 01/18/20 · PLEASE list, en the. back of this ~davit or on a sheet of paper, the lat numbers next to the owner names and addresses for which notices were mailed· ~ank you. September 14, 2009 Re: Mr. & Mrs. Swing Neighbors Drive t 1952 T.M.# 1000-53.-6-24 Susan Meyerholz 692 Donna Dr. Oyster Bay, N.Y. 11771 T.M. # 1000-53.-6-23 Gerard F Hauser 53-40 212 St. Bayside, N.Y. 11364 T.M.# 1000-53.6-25 Lawrence A Cafaro 60 E. 8th St. Apt. 32C New York, N.Y. 1.0003 T.M. # 1000-57.-2-31 Albert W. Reibling Jr. P.O. Box 123 Yorktown Heights, N.Y. 10598 T.M.# 1000- 57.-2-32 Paul J Heffernan 225 Island View Ln. Greenport, N.Y 11944 T.M. # 1000-57.-2-30 USE $5.~ Return Receipt Fee (Endorsement Required) Restdcted Deliver/Fee $ ts.~ USE m Postage $ ~5,54 O3 m m TOtal postage & Fees USE { S2.80 $2.30 · Comptete items 1, 2, and 3. Also ooml~ete · Print your name and address on the reverse so that we can return the cad to you. · Attach this cad to the back of the mailplece, Paul Heffcman 225 Island View Ln. Grcenport, N.Y. 11944 ER~y( Name) C. If YES, ente~ detlvery address bek)w: ~a,~?.~,~,~ 7005 3110 0000 0995 Ps F~m 3811, Februmy 2004 Domestic Retum Receipt · Ceplet~ 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 return the card to you. · Attach. this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: . ~;?~ ~ [] ~ Mall [] Return r"l Ir~Jred Mall [] C.O.D. 8938 Albert Reibling Jr. P.O. Box 123 Yorktown Hights, N.Y. 10598 B, Received t D. Is deliver/eddress different fa3m item ' If YES, enter delivery address below: 2. A~ticle Number (rf'~lla~t' from s6rvlce label) [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. PS Form 3811, February 2004 7007 0710 0002 2345 0837 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpjece~ or on the front if space permits. ~ 11 ~Article Addr~ed to: Susan Meyerhoh 692 Donna Dr. Oyster Bay, N.Y 11771 Domestic Return Receipt 3811, February 2004 7002 [] Agent [] No [] Agent B. Received b · Date of Delivery D. is dellvery address different from item 17 [] Yes If YES, enter delivery add,SS below: [] No Service Type ~.,ertifled Meil [] Express Mail [] Registered [] Return R~ceipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes ? 2410 0001 6163 4001 Domestic Return Receipt ZONING BOARD Of APPEALS -TOWN Of SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli .,cant) Regarding Posting of Sign upon Applicant's Land Identified as ooo- - _ COUNTY OF SUFFOLK) STATE OF NEW YORK) , Ne~, York, RECE1VED ~,OARD OF APPEALS X AFFIDAVIT · OF SIGN POSTING residingat )..~"'.,~ ~ being duly sworn, depose and say that: On the Z.'7~'~'"day of ~r~'~'z~-~2, 00~, I personally placed the Town's official Poster, with the date of headng and nature of my application '.no!ed thereon, Securely upon my property, located ten'(10) feet or dos'er 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 headng date, whi?..he~e was shown to be (Signature) Sworn to before me this c~"~ day o~'200~ / (Notary Public) (~otary-?.',',i,]i~ Sta~'e Of New York rio. 01TA6086001 Qualified In Suffo k County, I Commies on Expires 01/13/20 J/ , *near the entrance or. driveway entrance of my property, as the area most visible to passersby. r Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY I 1971-0959 November 2, 2009 Regular Mail and Fax Transmission Mr. Frank Notaro, Architect Architecnologies P.O. Box 93 Mattituck, NY 11952 Re' ZBA # 6320 - Amended Application by Robert Swing Dear Mr. Notaro: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the October 22, 2009 Meeting. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Before commencing construction activities, other agency approval(s) would be necessary, at which time you may want to furnish a copy of the enclosed to supplement other documentation requested of the Building Department. Thank you. Very truly yours, I'i'nda Kowalski Encl. Copy of DeciSion to: Buildihg Department ./