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HomeMy WebLinkAbout6329 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 DECEMBER 22, 2009 ZBA FILE # 6329 - NAME OF APPLICANTS: John & Linda Scopaz PROPERTY LOCATION: 6300 Indian Neck Lane, Peconic; CTM1000-86-7-2.1 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 21, 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. LWRP DETERMINATION: A letter dated October 2, 2009 confirming consistency with LWRP policy standards was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program. PROPERTY FACTS/DESCRIPTION: The subject property is a 2.542 acre lot measuring 87.86 feet along Little Peconic Bay on the southeast, 1,293.36 feet along the southwest boundary, 24..83 feet along Indian Neck Road to the northwest, and 1,267.74 feet along the northeast boundary. The lot is improved with a single family house, a garage/cottage, a frame shed, and a tennis court, as shown by a survey prepared by Nathan Corwin, L.S. dated August 25, 2008. BASIS OF APPLICATION: Request for Variances from Code Sections 280-14 and 280-116, based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspector's July 22, 2009 Notice of Disapproval stating that the new construction is not permitted because the setbacks are proposed at: (a) less than the code-required minimum of 75 feet from a bulkhead, (b) less than the code-required minimum of 20 feet on a single side (c) less than the code-required minimum of 45 feet for combined side yards, (d) less than the code-required minimum of 75 feet from the rear property line. Page 2- December 22, 2009 ZBA File#6329 - John & Linda Scopaz CTM: 1000-~'6-7-2,1 at 6300 Indian Neck La,, Pe¢onic FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 3, 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: RELIEF REQUESTED: The applicant requests variances for a 41 foot setback from the bulkhead, a 10 foot 10 inch single side yard setback, a 39 foot total side yard setback, and a 73 foot 10 inch setback from the (waterside) rear property line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Town Law Sect. 267-b(3~(b~(3~(1). An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby properties. The proposed addition to the west and north will not significantly change the floor plan, roof line, or exterior appearance of the existing house. The residence and the adjoining residence to the east were both constructed prior to the adoption of Section 280-116, which mandates a 75 foot rear yard setback from the bulkhead. The side of the residence facing the waterfront will remain at 72.6 feet from the beach front, and 42.9 from the bulkhead. 2. Town Law Sect.267-b(3)(b)(2). The benefit of expanding the residence cannot be achieved by some method feasible for the applicant to pursue other than an area variance. Expanding to the north or east would not be consistent with the applicant's desire to maintain key elements of the existing structure. Expansion to the east is also constrained by the location of the existing septic system. 3. Town Law Sect. 267-b(3)(b)(3). The amount of relief requested is not substantial. The construction on the seaward side of approximately five feet will only extend the existing nonconforming setback to the west. Evidence has been presented that the reduction of west side setback will not significantly affect the use of the western neighbor's property. The conforming eastern side setback will not be changed. 4. Town Law Sect. 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. 5. Town Law Sect. 267-b(3)(b)(5). The difficulty has been self-created in so far as it is a result of the applicant' s decision to expand the first floor living space of an 886 square foot house on a 2.5 acre lot having a width of 87.86 feet by 1,367 square feet. Page 3- December 22, 2009 ZBA File#6329 - John & Linda Scopaz CTM: 1000-~6-7-2. ! at 6300 Indian Neck La., Peconic RESOLUTION OF THE BOARD: In considering all of the above factors under New York Town Law 267-b, a motion was offered by Member Simon, seconded by Member Weisman and duly carried, to: GRANT - the area variance as applied for. Per Plans dated 7/9/09 prepared by: Samuels & Steelman, pages 1-5. 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 Goehringer (Chairman), Simon, Weisman and Schneider. Member Horning was absent. This Resolution was duly adopted (4-0) R~D , So~t~ol~l Town Clerl~ 07/27/2009 00:07 765664! BOARD OF TRUSTEES PAGE 01 "'FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL AUG 7 '"' /~,~09 TO: Tom Samuels for J & L Scop~ 25235 Main Road Cutchogu¢, NY 11935 Please take notice that your application dated July 21, 2009 For permit for additlon/alt~rations to an existing dwelling at Location ofpropet'ty: 6300 Indian Neck Lane, Peconic County Tax Map No. 1000 - Section 8~6 Block 7 Lot 2.1 Is returned herewith and disapproved on the following grounds: The construction, on this 2.5 acre lot in the R80 District, is not permitted pursuant to Article XXIII, Sectio~ich states: "All buildings o~uctures located on lots upon which a bulkhead .... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed addition is setback approximately 41' from the bulkhead. Also, th,e, construction is not permitted pursuant to Article IIl,~,.~n 2~which states: "No building ... shall be erected or altered in the AC, RSO,.._Distdc~ un3ess the same conforms to the Bulk Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." The required side yard setbacks are 20' minirnum, 45' combined. The proposed setbacks are approximately 10'-10" minimum & 39' combined. The required rear yard setback is 75'. The proposed setback is approximately 73'-10". G~n~v,% Lg, ~-~, cc i~¢ ?hr ~__~ro~ '~ -,c~--' ' ~' OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor~ Main Rd. & Youngs Ave.) Southold, NY 11971 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 of Appeals From: Mark Terry, Principal Planner '~'~-/ LWRP Coordinator Date: October 2, 2009 2009 Re: ZBA File Reference No. 6329 SCOPAZ SCTM# 87.-7-2.1 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 LOCATION MAP SITE DATA SCTM # t 000-864)7-2.t ~ PROPERTY: 6300 INDIAN NECK~NE ~ ADDRESS PECONIC, NY t1958 ~ OWNER: JOHN & LINDA SCOP~ 204 CORLIES AVENUE 322 ROANOKE A~NUE ~ .~ RIVERHEAD, NY 11901 ~ -..~~ -.. .~ " :REVIEWED BY ZBA ~ xxx ~N~ ~ SEE DECISION ~ / ~ UN~ CONS~TION ~ ~ ~ HAT~H) PLAN " SIT . ~E: 1';; 40'-0" ~ , REGULATORY APPROVALS SET BOARD OF APPEALS ~-Zg ~RO~T ~0: 080~ D~WN BY: TCS CHECKED BY: DATE: 719109 SCALE: ~" = 40'~" SHEET TITLE: SITE P~N SHEET NO: PARTIAL SI ;'XI.~TIN,~ ~ NEI CHBOI;,..I NC 'r PLAN FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED / ~ / ~ I ~)~ AUG -7 200g REGULATORY APPROVALS SET 0803 DRAWN TCS CHECKED BY: DATE: 7~09~09 SCALE: 1" = 20"0" SHEET TITLE: ENLARGED SITE PLAN iHEET NO.: 2 EXIDTIN~ -- - I ----,, \ ...... BATH SECOND FLOOR PLAN SCALE: 114" = 1'-0" L FLOOR AREA OF PROPOSED ADDITION 5HOI,,gN 5HOI,~IN HA'I'C, HED, I, gALL5 DARK HALL E~ATH FIRST FLOOR PLAN SCALE: 114" = 1"-0" -'INAL MAP ~,EVIEWED BY ZBA iEE DECISION # )ATED /~/~-~-I EXI~I'IN~ FIR.~T Ft. OO~ ~'~ mP P'fJ~OPOe~ AI::~I~ITION, 1,2.1~ eP i~Loo~ AREA Of' ADI:~ITION IN AUG - 7 2009 L-' REGULATORY APPROVALS DATE: 7/9/09 SCALE: 114"-- 1'-0" SHEET TITLE: FLOOR PLAN 3 EXI.~TIN~ f~}O~ ~T~'fl~l~ TO ~,4AIN ROOF PLAN SCALE: 1/4" = 1'-0" HOME OFFIC.,E UTILI'Pr' R. OOH SHINGLES, ON PLYP~. I:;~ff:C, KIN~ ON E~EDRDOM Cl.. HALL ~,ATHI~OoM , LII~ oF ~.ANTIL.EV'~ il BASEMENT PLAN SCALE: 114" = 1'-0" FINAL MAP REVIEWED BY ZBA / SEE DECISION # ~-.~/ DATED /~1 ~.. I ~'~ ~ AUG - 7 2009 REGULATORY APPROVALS SET =ROJECTNO: 0803 TCS )ATE: 7/9/09 ~CALE: t/4" = 1' - 0" }HEET TITLE: BASEMENT & ROOF PLANS 4 ~ ~ Z , SOUTH ELEVATION WEST ELEVATION SCALE: 1/4' = 1'~" SCALE: 114" = 1'~" ~ ~ ~~ PROJECTNO: ~ ~ ~ 0803 ~ ~ I TCS II ~ --- I ~ATE: : EGLILA'I'ORY APPROVALSS'ET - ~ 7/9/09 I ~ 114" = 1' - 0" MAP EAST ELEVATION ,' ,, NORTH ELEVATION,' ,,, ,' ,,' SCALE: 1/4" = 1'-0' g ..................................................................... ~ SCALE: tl4" = 1'-0" L ............ ~. ............................... J ......................... j - ~ ;HEET NO: DEPARTMENT OF PLANNING .~UNTY 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 September 16, 201 SEP 2! 2009 BOARD OF APPEALS 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 Traendly, Henry Scopaz, John & Linda Logan (Joseph) & Walker (Kelley) Krug, Lauren Munie!p~! File Numbers 6264 6329 6331 6335 Very truly yours, TRK:ds LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788-0099 (631) 853-5191 TELECOPIER (631) 853-4044 Applicant/Owner(s): Mailing Address: __ ~, Telephone: ~v :~/ '-7 ~ NOTE: In addition to the above piense complete below If application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc, and name of person who agent represents: Authorized Representative: for ( ) Owner, or ( ) Other: Address: Telephone: P!~a~ check box to specify who you wish correspondence to be mailed to, from the above names: pApplicant/Owner(s) [] Authorized Representative 13 Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ,itl t.¥ 2/y ~c)'~ FOR: ~/Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] 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 ~X HIr Section 280- ! La ~-- ~-67 --! tf Subsection Type o~A~ppeaL. An Appeal is made for: HA Variance to the Zoning Code or Zoning Map. [3 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 appealS'has [] has not been made with respect to this orooertv UNDER A cai No ' .... PP · ~-~ear ,/~f~. (Please be sure to research before completing this question or call our office to assist you.). , 3&7 /q77 ,= Scopaz # 1000-86-7-2.1 ~AFile # Area Variance Reasons: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detximent to nearby properties of granted, because: a. The existing residence and the adjoining Studio/Miller residence were constructed before the adoption of Section 280-116, which mandates a 75 foot rear yard setback from the bulkhead. b. The existing residential structure is in conformance with the zoning requirements that were in effect at the time of its constxuction. c. The new garage (under construction) is in conformance with the current, more restrictive setback requirements. d. The proposed addition will consist ora one and one/half story addition to the west and north of the existing residence. e. The proposed addition will expand the existing 886 sq ft of the first floor by an additional 1,215 sq ft., but will not substantively change the existing floor plan, roof line, exterior appearance, siding or design of the existing residence, and will facilitate better use of the exist'rog interior space, particularly the living room. f. The extended roof line of the 8 foot addition (parallel to the waterfront) will be approximately 17 feet in height, about 7 feet lower than the highest point of the existing roof. g. The subject residence is located on the site of"The Mooring", a house built by the artist Irving Ramsey Wiles and his wife. A subsequent owner, Kozlowsky, demolished this structure in 1980, and replaced it with the current residence in a modem architectural style that mimics the historic Wiles Art Studio on the abutting property to the east. h. The architectural aspect of the proposed addition was designed to respect the historic significance and architectural character of the Wiles Art Studio, now the Miller residence. (A copy of part of the SPLIA file entry for the Studio/Miller residence is attached.) i. The proposed addition will be sited slightly more than the required minimum of 25 feet from the easterly side yard facing the Studio/Miller residence. j. The proposed addition is sited so as to minimize visual impacts on the Beaney residence, which is located approximately 70 feet away, to the northwest of the subject residence. When completed, the proposed addition will reduce the distance between these two residences to 50 feet. k. The Beaney residence is situated 159 feet from the waterfront and its septic system is located in the waterfi'ont-facing yard, about 40 feet west of the proposed addition to the subject residence. Future expansions of the Beaney__~~ not likely to be extended into the area of its existing /--- _s~, ~.fU/?sy~la~..,Th.e.~.terly wall of the Beaney residence (approximately \~00~fe~t hi ~i~gth) is~ituated 22.8 feet west of the subject property's west / 1. ~1~ pro'~0o~13additio~ is sited so as to retain the visual and privacy \ benefitspr°vide-d,b.y~-t~,° significant stands °fmaturerh°d°dendr°n. - . _ 1 Scopaz (2) (3) #1000-86-7-2.1 bushes and mixed woods (containing birch, locust, oak and Norway spruce trees) located to the northwest and northeast, respectively, of the subject residence. Preserving these mature stands of vegetation will avoid the disruption of visual site lines to and from the Beaney and subject residences, as well as between the Miller and Beaney residences. The subject property owners are constnmting a conforming detached garage with dimensions 24 by 36 feet (Building Permit # 34770, see attached materials) north of the easterly stand of mature vegetation, so as to maintain its visual and privacy values to both neighbors as well as themselves. Please refer to the attached pages of photographs which illustrate the location and perspectives of the following: subject lot, residence, garage, mature vegetation, and neighboring residences owned by Beaney and Miller. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: a. The subject Property owner did not want the proposed expansion of the residence to destroy key elements of the original structure, or to require significant reconstruction of the existing structure. b. The location of the existing septic system prevents significant expansion of the easterly portion of the subject house to the north. c. The close proximity of the existing stands of mature vegetation to the north provides significant scenic and privacy values to the subject property as well as the adjoining residences. The mount of relief requested is not substantial because: a. The subject property is non-conforming in width relative to that required by the Zoning Code for the R-80 district. The subject property is 87.86 feet wide, as is that of the Studio/Miller residence to the east. i. The Zoning Board of Appeals authorized the split of the subject lot from the easterly lot in 1977. (A copy of Appeal # 2367, Ewald & Kozlowsky, is attached.) b. The proposed addition will be located slightly more than the required 25 feet minimum from the easterly side yard facing the Studio/Miller residence. c. The Studio/Miller residence received a variance in 1998 (Appeal # 4550, Ruth Miller) to reduce its total combined side yards from 45 feet to 32.9 feet (26.5 feet if measured to step area). d. The requested variance for the Scopaz property will reduce the total combined side yards from 45 feet to 39 feet, with the 20 foot side yard minimum reduced to 10 feet 10 inches. i. The westerly side yard reduction will not impede the views from or the functioning of the Beaney residence due to the maintenance of extant mature vegetation between the two properties. Scopaz #1~0-86-7-2.1 ~AFile# ~'~,2~] (4) e. The property to the west, Beaney, (SCTM # 1000-086-07-1) is three acres in area and only 100 feet wide; thus is non-conforming relative to the minimum width required by the Zoning Code for the R-80 district. i. That residence is set back 159 feet from the bulkhead. f. The existing residence is located approximately 72 feet 6 inches from the rear property line. The proposed 8 foot extension of the south wall will be approximately 73 feet 10 inches from that line. g. The existing residence is located approximately 45 feet from the bulkhead, and the proposed 8 foot extension of the south wall will be in line with the rest of the wall, thus will be the same distance fxom most of the bulkhead, except for that part of the bulkhead that jogs slightly northward at this point. The southwest comer of the proposed addition will be 42 feet 9 inches from the front of the new bulkhead, and 41 feet from the back of the old bulkhead. h. Although the subject property is 2.542 acres in area and cannot be further subdivided, the owners faced a series of challenges to expanding and renovating their residence to make it more suitable for year-round living: namely the location of the exisfmg septic system, the architectural and cultural significance of the Studio/Miller residence) and their desire to retain the significant visual qualities and privacy afforded by the mature stands of rhododendrons and trees to the northeast and northwest of the subject residence. i. The owners are in the process of constructing a conforming detached garage north of this stand of mature vegetation in order to avoid removing this vegetation and to minimize the potential impact on both neighbors. j. Emergency access to the front and sides of the subject residence will be maintained by means of a new footpath from the combined driveway/parking area to the easterly (25 foot) side yard and a ten foot cleared area between the proposed addition and the west side yard, as well as a fifteen foot wide walkway to the front (north) yard from the driveway/parking area adjoining the garage. k. A reduction in the western side yard from the required 20 feet to 10 feet 10 inches is the minimum relief necessary to achieve the desired expansion given the aforenoted challenges without deslxoying the scenic and privacy values afforded to all three residences in the immediate vicinity by the extant mature stands of rhododendron and tree vegetation. The variance will NOT have an adverse effect or impact on the physical or environmental conditions of the neighborhood or district because: a. Existing mature stands of vegetation will be left in place, thereby ensuring privacy and scenic vistas for the neighboring residences, relative to each other, as well as the subject residence b. The existing septic system will be left in place. c. The 8 foot extension of the westerly side of the subject residence will be in line with the existing foundation, which is at no closer than 72 feet 6 inches northward of the tie line (mean high water mark) and 42 feet 9 Scop~ #1000-86-7-2.1 (5) go inches northward of the new bulkhead and 41 feet northward of the old bulkhead. (The proposed addition will extend the south foundation wall another 8 feet in line with the existing wall and more or less parallel to the bulk of the existing bulkhead. However, since the western part of the bulkhead jogs north slightly, the distance between the southwest comer of the proposed foundation wall and the bulkhead will be 41 feet.) The existing 24 foot elevation of the subject property at the southernmost point of the existing and proposed foundation will be left untouched. Proper construction and buffering methods will be used to protect the integrity of this bluff face and its vegetation during and after construction. All stormwater mn-offis currently directed into drywells located north of the subject residence, away from the waterfront. This practice will be continued with the addition. The subject properly is currently graded so as to direct surface stormwater landward (away from) the bluff face. This slope and grading will not be changed during construction. Has the alleged difficulty been self-created: NO. See Section (3) above for relevant details. Are there Covenants and Resh'ictions concerning this land: NO 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. The property owner discussed the proposed plans with both adjoining neighbors prior to submitting thip/a~plic~ion. ~ //~nature of ApCant / '-'Sworn to before me this day of ~ , 2009. Notary Public APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~Jr)t4^l ~:~o/t~ _ Date Prepared: I. For Demolition of Existing Building Areas j Please describe areas being removed: t4f~/1/~ ll: New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: .~:~'-'~ Dimensions of new second floor: Dimensions of floor above second level: ,~ Height (fi'om finished ground to top of ridge) ~/ Is basement or lowest floor area being c0nstmcted? If yes, please provide height (above ground) measured from natural existing grade to first floor: I~. Proposed Construction Description.(Alterations or Structural Changes) (attach extra sheet if necessary)- Please de~eribe building areas: ' Number of Floors and General Characteristics BEFORE Alterations: ! ~- .~-c'otcc/ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot cOverage (from surv~yor):~ Existing square footage of buildings on your provertat: Proposed increase of building coverage: .. . - . Square footage of your lot: I/O; 7~1 ~ Percentage of coverage of your ~ot by b~ildihg area: V. PurposeofNew. Construction: ~-~/h/hg')gn) 't- VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and ~ho~v~ it relates to the difficult, yin meeting the code requirement(s): Please submit seven CO 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 QUESTIONNAERE FOR FILING WITH YOUR Z.B.A. APPLICATION Ap Is the subjee~t premises listed on the real estate market for sale? [3 Yes ,~N0 . ' B. Are there any proposals to change o~ alter land contours? ~No [3 Yes, please explain on attached sheet. C. 1 ) Are there areas .that contain s~ or wetland grasses? ~/~--~ -- ~. 2) Are these areas shown on the map submitted with th/s~pplication? ¥ ~-~ 3) Is the property bulldaeaded between the wetlands area and the upland buiiding area? 4) ~yoI property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction9 ~]~,~ PI ...... ~ inquiry or application with the Trustees- ~--N~ t' ~ ~nnrm smms ox your and if issued, please attach co-ies ~-~--:, '-- q- .~'~ ./b°~,'2-o'W'/~-~ ~ ~,,v~mm W~tn conmuons ant 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? E. Are there any patios, concrete barriers, bulkheads or fences that exist and are no~Lsko~n on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. 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 B~i]din / G. Do you or any co-owner also own other land close to this parcel? /~e~ If yes, please label the proximity of your lands on your map with this application. ' H. Please list present use or operations conducted at this parcel ~tM'6c6- ' r~m~c? · ff~ and proposed u~e ~t~6 t~- -/~'-/4~'t; ~- ~ ,/d~'-~ '. PROJECT ID NUMBER PART 1 - PROJECT INFORMATION APPENDIX C STATE ENVIRONMENTAL QUALrTY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be oompleMd by Applicant or Project Sponsor) 6. D~SCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Illiflally ~ ~ acres g. WHAT iS PRESENT LAND USE IN VICII~TY OF PROJECT? (Cho~seasmanyasapply.) [~'~ D~us~' E]c~,.,.~ 0~,~.~ E]Pa,~lFor~tlOpe~Space ['-1 o~ (de~rbe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (l=e~raJ, Stateo~ L~-~I) [:~Ves [~No yes. agency name an~ pem~ / approval: list SE~R C. COULD ACTION RESULT IN ANY ADVERSE I:I'I-L-CT~ A~OCIATED WITH THE FOU.OWING: (Answem may be handwfll~% i~ I~) I I E~ ~ (~? (~.~ ~ ~ In ~ ~ ~ (a) ~ 0-e. ~n ~ ~l); (b) ~ ~; (c) ~; (~ ~ (e) ~~;~ (~ ~'~~~~* N'IHACT VENDEE AND AGENT: The Town of $outhold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to prey/de information, wh/eh can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, firsf nar~e, rn~ddle ~ni~;l, unless you are app/ying i~/~ else or other entity, such as a eorapany. If so, indicate the other person or company name.) NATURE OF APPLICATION: ~Check all that apply.) Variance ~__~ Special Exception 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 eraployee of.the Town of Southold? ',~ · ' ....,~, tracer or emvlovee h~.. -~ ~~. _om~ ~nelu01ng[ a ~n~e~t b aY)_g_~oratio- ' -- - ...... .~ xas ev~a.l own~~  ~ mtlal oWnershi of or ~r em,xlo--ee o '--s mo · re than ~ -- NO~ lf yOu answered "YE~'; complete the balance of this form and date and Mgn Where indicated Narae of person employed by the ToWn of Southold: - Title or position of that person: Describe that relationship between yOurself (the applicant, agent or con~ract vendee)'and the Town officer or employee. Either check the sppropnate line A through D (below) andJor describe the relationship., in the space prey/tied. 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 anS' interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partnei-, or employee of the ' -- _ D) the actual applicani, applicant; or DESCRIPTION' OF RELATIONSHIP Stlbraitted this day of {o ~ ~'~ Signature: Print Name..~ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF 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 permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.norflffork.net), the Board of Trustees Office, the planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# - o1, The Application has been submifled to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. ~/~ Board ofTrustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: site amage: 2. 9- Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant: (b) Mailing address: (c) Telephonenumbec AreaCode( ) (~% I 71 (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?. Policy 1. Foster a pattern of development in the Town of Southold lhat enhances community character, preserves open space, makes efficient use of infrastructure, makes benefieial use of a coastal location, aad minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. []Yes [] No [] NotApplicable Attach additional sheels if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LW~P S~aon m- Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [--] Not Applicable .SCTN L WRP Consistency Assessment Form Po/icy 1. Foster a pa~em o£ development in the Town of Southold that enhances community character, preserves open space, makes effcient use of infrasbucture, makes beneficial use of a coastal IocaO'on, and minimizes adverse effects of development. YES: The propesed addition will be sited so as to facilitate the renovation and expansion of an existing residence with a minimum of internal and external renovations. Except for an 8 foot extension of the existing residential structure parallel to the existing bulkhead, the remainder of the addition will be landward of the existing structure and its current setbacks. Po~icy 2. Protect and preserve histo#c and a,'chaeological resources of the Town of Southold. YES. The design and siting of the proposed addition will respect the integrity of the historic Wiles Art Studio on the adjoining propeKy to the east, The Art Studio was converted into a residence and is identified in the SPLZA inventory. Po#O/$. Enhance visual aualitv and ~ro~ct scenic resources throua_ hout the Town of ~outhold. YES. The prepasod addition was sited to avoid significant intrusion into mature ~tends of rhododendron b~hes and trees which will belp maintein the ~cioded and a~;,mtic qualitfes of the site, Haintoining the bushes and tre~ also will protect the visoal quality and ~cenic resources of adjoining r~idences. Thmre will be no significant chang~ to the existing reofline as viewed from the water, since the addition will extend only 8 feet west and that extension will be on the first floor only. Since no vegetation is being removed seaward of the existing first floor residence, the potential impact of the new addition on the visual quality of the shoreline (as seen from the water) will be minimal. The addition will be sided with the same type of red cedar used on the existing house. The two adjoining residences are also sided with cedar. Po//o/ 4. IV/inirnize loss of life. s'az/ctures, and natural resources from flood/no and erosion. YES. No portion of the propo~ addition will be placed ciosor to the waterfront than the existing reward-facing foundation and wall of the fi,~ floor. Further, this addition will extond westward (parallel to the shoreline) only 8 feet. The fi,,~ floor of the existing residence is situated 24 feet above sea level, and is located 42 feet 8 inches from the bulkhead, ad 74 feet from the mean high water mark. There will be no removal of vegetation or regarding southward (seaward) of the existing first floor elevation during the construction of the addition. Po/icy 5. Protect and imomve water n_,_~_#tv and suon/_v in the Town of Eouthold. YES, No construction will occur near the private well supplying this residence. Except for the proposed addition, no impervious surface area is being added, All sturmwater runoff will be channeled landward, te the north of the addition and recharged to drywelis. Poi~e~ 5. p~_h~t__ and ~ the oualilv and function o£ ~ Town of Eouthoid ~em$ indudino $i_~nficant Cna.~al F/$h and W/Idlit~ Nab~lots and wet/ands. YES. The proposed addition is jlttellded to expelld the first floor living area, is modest in size and is being sited so as to result in the least removal of mature vegetation. There will be no intrusion or impact seaward of the existing structure. PO/iCY Z PRO--~ct-- and imorove air oualitv in the Town of Southold. Not Applicable PO/iCY ~. I~Iinimize environrnenta/ de~_ radation in Town of Southoid from so/id wa.~ - and hazardous substances and wastes. Not Applicable. POI~e~ 9. Provide for oub/ic acr~¢ to. and recreab'ooal use of.. coastal waters. pvblic /ands. and nublic resources o£ the Town o£ Eouthoid. NOt Applicable. Po/icy I0. Protect Eoutholds. water~feoendent uses and oromote sit]'n~ of new water-deoendent uses in suitable locations. Not Applicable. Polio_ 11. Promote .~'a/nable use of lMncl marine resources in Lon_o Is~and Eound. the Peconic Estuary and Town waters. Not Applicable, Po/lcy 12. Protect aadcu/tura/ /ands /n the Town o£ 8outhold. Not Applicable, Almost all of the subject property is covered with mature woods. Polie/ l$. Promote aooroodate use and deve/o_~nent o£ enem_ v and minera/ resources. 2 YES. The proposed renovations and add~on will include upgrades to more energy-efficient heating/cooling systems, insulaUon and electrical appliances, ?/ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. ,411 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 ofApplicant: x/0,q,~/ tv/, 2) Address of Applicant: /~.tg. ~/9,Y //o ~ 3) Name of Land Owner (if other than applicant) 4) Address of Land Owner:' 5) Description of Proposed Project: 6) Location of Property (road and tax map number): ,~d77v/~ fd'-~ - ~/~ --7 --~,/' r~, $ 3~oO r,n,,o,,/~/ 7) Is the parcel within an agricultural district? [~No [-]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No I~Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information 'may be available through the Town Assessors Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtai~d, in advance, when requested from either the Office of the Planning Board at 765-1938 or ~he Zoning Boar~of Appeals at 765-1809. // S~gfiatureofApp/~cant / /~ Date- , / "-" - {..M'The local board will solicit comments from the ownem of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by tbe 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 beard. gOgRD OF APPEA~ TOWN OF SOUTHOLD PROPERT.Y..~ECORD CARD ! OWNER STREET ~:~O~~'') VILLAGE DIST. SUB. LOT j [IE%~ ~~q S W ~PE OF BUILDING :ES~ S~S. VL. FARM CO~. CB. MICS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS illable FRONTAGE ON WATER l~land FRONTAGE ON ROAD ~eadowla~d DEPTH ora I Extension Extension Breezeway 'Garage Patio TRIM /~ ~ ,~-~ · ,2--00 Foundation ~ ~.. Basement Ext. WalJs Fire Place Type Roof ~7 Recreation Room ~ Dormer /~/~ Bath j Dinette , Z~' ~'~ II Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway LR. DR. BR. FIN. B TRIM ~ ,~ ,~,',','~ Bid ' Extension Breezeway Garage Patio 0o B, Total /'//e¥-,/. ' ~-~0 Foundation cT 2. Basement Ext. Walls Fire Place Type Roof ~ Recreation Room ,~ Dormer Bath Floors Interior Finish Heat Rooms Ist Floor Rooms 2nd Floor Driveway inette ILR. DR. BR. S A M U E L S & S T E E L M A N July 17, 2009 Southold Town Building Dept. Town Hall Annex Main Road Southold, NY 11971 RE: RENOVATION & ADDITION TO SCOPAZ RESIDENCE 6300 Indian Neck Lane Peconic, NY 11958 TAX MAP # 1000-86-07-2.t Dear Sir/Madam: I am requesting a BUILDING PERMIT for the above reference project which involves an addition to an existing residence. We are in application from the various regulatory approvals agencies. The addition, though no closer to wetlands than the existing house, is: within the required 75 foot bulkhead setback within the required 20 foot side yard setback within the required 75 foot rear yard setback (measured from waterline) Therefor, in order to proceed, we understand we need a variance from the Zoning Board of Appeals. To that end, please prepare a DISAPPROVAL outlining the specific zoning paragraphs from which we require relief. Thank you for your assistance, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 {63]) 734-6405 FAX (631) 734-6407 TOWN HALL SOUTHOLD, ~L: (631) 7~.1802_ F~: (631) 765-9502 ~. no~hfork, ne¢Southol~ Examined ,20 Approved 20 Disapproved a/¢ ~,~./~ ~ Expiration ,20 ~t~l~llNk~ i"~KlVll I AFi-'LIC;A'flON CHE(gI(LI~' Do you have or need the following, before applying' Board of Health 3 sets of Building Plato Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: Phone: Building InSpector A), ~CAI]tON I;'OR,BU~DtNG PERMIT ., Date. INSTRUC'FIONS~ · , ;: , t'~ "'on lviU~'l' oe dlnpl,et~ly filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, acctlrate plot plan to scale. Fee according to Schedule. b. Plot plan showing location of lot. and of buildings o~ pr,e.,m~ses,,~elationship to adjoining.premises or public streets or e. The work covered by this pplication may net be commenced before issuance of Building PenTdt. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant· Such a p, ,e}unit shall be kept On the premises available for inspection throughout the work· e. No building shall be occupied or used in who~r in:~r; for any purpose what so ever until the Building Inspector issues a Certificate of Occupant. ' f' Every building permit ~ha, ll,.expire, if the work authorized has not commenced within 12 months after the date of sanauce or has not been completed'vathin 18 months from such date. If no zoning amendments or other regulations affecting the property have been enac~d in the interim, the Building Inspector may authorize in wr?ng, the extension of the permit for an addition six months. Therein, a new p~t shall be requlxed. ·APP. LICA, T~0N IS ~]f.~.~., .g,t,o lhe Building pepartment for thc iss!! q f'a Buildin Permit ursuant t 'x*8,.ura~Pn~, J0r ~omtmetaon o~ ominmgs;:gd~iu~,;qr~alt~mttons or for~re~ua~v, al:~r-denSolit~on a~hh~,~n described. The appncant agree~ to ¢oniply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premisq and in building for necessary inspections. ! ... (Signature ofapplica~tornam¢ ifa¢orporation) (Mailing acfdress of appliem~t) - State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ,,, (As c If applicant is a corporation, signature of d~iY au~o~ized (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which prot)osed work will be dom House Number Street CountyTax gapNo. 1000 Section Subdivision " (Name) the tax roll or (atest~t,,eed) )fficer . }, Hamlet Block Lot Filed Map No. Lot State existing, use and occupancy of premises and intended use and occuj~ancy of proposed a. Existmg useandocoupancy ~f~t~ .'~t~t'~? b. Intended use and occupancy dl~,t~ ~, 3. Nature of work (check which applicabl~}: New Building Repair 'Removal Demolition 4. Estimated Cost 1~'/~ ~O 5. Ifdwell~g;~.~umberot;dwelling units ~ If garage, number of cars constmcii6n: Addition / Alteration / Other Work Fee (Description) (To be paid on .filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature, and extent of each type of use. -'"l ' # / 7. Dimensions of existin~ structures, if any: Front i~°/- ~ Rear ~?~,~-j~ ~.. Height d,/./: C/ !/' Number of Stories ~v~ ~ ~,/~-/4K/~ j j ,,, Dimensions of sa~,structure Wi!h alterations or additions: r-toni ~ ~' Near ~ Depth '~"2 ~ "~ v/- He,ght _..2.. ~ ~ / */ .Number of I (!J~ 3? ;' . 8. Dimensions of entire new construction: Front. · , Rear Height Number of Stories ' 9. Size oflot: Front ~?! Rear ~g~ ! Depth 10. Date of Purchase Name of Former Owner 11. Zone or us~ district in which premises are situated ~- ~ 12. Does proposed construction violate any zoning law, ordimmce or regulation? YES /N© 13. Will lot be re-graded? YES__ NO ff~ Will excess fill be removed from premises? YES /NO 14. Names of Owner of premises l~-~JtZ AddresS/1~2(/~' Phone No. Name of Architect d~,,,]/~O~Y~.~ ,I~ ~ Address~6/~Phone NO Name of Contractor Address Phone No. 15 a. Is this property with~ 100 feet of~ tidal wetland or a freshwater wetland? *YES I~ NO * iF YES, SOUTHOLD TO~4.TRIJS:ITEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property Within 300 feet ora tidal wetland? * YES ~,. NO * IF YES D.E.C.. ~PERMITS-,MARY BI~ REQU!P~ED~ 16. Provide sUrVey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on STATE OF NEW YORK) SS: :ouN o .Sef T; , (Name of individual signing contract) above named, property is at 10 feet 0r,beloTM, must provide topographical data on survey. . .beihg d~ly swom~!deP0s~s and ·SaYs that' (s)he is the appheam S)He is the ~~t.~ (Contractor, Agent, Corporate Officer, etc.) ff said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; hat all statement~ contained in this application are mae to the best of his knowledge and belief', and that the work will be ~erformed in the manner set forth in the application filed therewith. ;worn to before me this ~. ',. _ ~ day of ~'~'~.J~ 20~'~ · :' N,-,*o.., l~,,'~;. '-,',, ntul~ RIC' ' · ,," N~lk-~ ~,~ Or'N~ ~o~ -_. utm6042467 ! ' ~i~k~e of Apblicant Qualified In SUffolk County · BUILDING-STRUCTURE INVENTORY FOIO.! DIVISION FOR HISTORIC PRESERVATION NEW YORK STATE PARKS AND RECREATION ALBANY. NEW YORK {5181 474-0479 YOUR NAME: ?own o~' ~ou~ho3.d/$PLIA YOUR ADD~ESS:TOWr~ H~3,'i· bia~.n Road FOR OFFICE UNIQUE SITE NO. ~ Pl QUAD SERIES NEG. NO. · DATE: lqovember 3.986 - '- TELEPHONE( ~'16 ) 76 5-18~)2 ' ORGANIZATION fifany)~ou'l;ho'ld Town Commut'L'['t;y Deve3,ol~nen't Office IDENTIFICATION I, BUII,DINGNAME(S): Tr'vi~g ~.ilan' e-lin&fa "The Mooz'ing_" 2. COUNTY: a~"Pt~l k TOWN/CITY: genrkhrC[ d VILLAGE: ~ 3. STREET LOCATION: _~r'~LVa'[:~ road off Ind'lnn N~ek ~n~, ~ 4. OWNERSIIIP: a. public [] . , . la private [] s. PRES~NTOWNER: O.0. Ewa~.d ' ADOR£SS. 'r~dian Neck Lane 6. USE: Original: S~udlc) Present: 7. ^CCESSIBILITY TO PUBLIC: Exterior visible from public ~oad: Yes [] No [] Interior accessible: Explain 8. BUII.UIN(.; a," ( . ~a.:"clapbo~rd [] ~ r b. s~o"n~ [] ~"' c. J~rick'i'q .d. board ~fld baflcn [] " ' ~ ~the~: "'" '" M,'CfERI~I ' e. co6blest,o[~¢ [] ' f. shi,ngles [] '~': ~tucco~ r '.'- g. ~TRUC1 LIP, AL a. wood frame with interlocking, joints I'-[ SYSThM: · b. wood frame with ligl~t members.[~'. · lifl~m~ml c. masunry Ioad bearing walls ['] , ' ...... ~ d. mela[ (explain) IlL CONDITION: a. excellent ~ b. good [] c. fair [] d. detcrioraled [] I I. INT[(;RITY. a, o~iginal site [] h. moved ~] ff so,when? - c. list major alterations and dates (if known): A:f'l;er the de~.~h of 'dt[l. eaa aaugh'l;er O%adya..who wee . 1~-1L51~I a pa:].n~;er~ 'the atud~.o e'l;ood ~&ean'~ and ~ma vanda.l, iae~o . ~.i}iT~ In 3.9?9 :t'{: ~s restored by Rbt. Bay].ey. aZ'chitecl;.' From nor~h-wes~ 13. MAP: N.¥.S'. DO~ Southo~d North fag&de and wes~ e3.ev~tion H NO PE 2.1. 14. THREATS TO BUILDING: a. nonc known [] cl. developers [] f. ulher: 15. REL,',.TED OU'TBUILDINGS AND PROPERTY: 16. SURROUNDINGS OF THE b. toning [] c. reacts L~ e. delcriulation ~ a. bain[] b. carriage house [] c. garage ~. d. prw',, [] e. ~hed :~ ' f. greenhouse ~ g. shop [] 'h. II~i'dens I-~ ' i. {andsca~ features: eo¢¢age j. other:Rus~i~ fence aZo~ Indi~ Neck Rd, a~) BUILDING (ch~ck more fllan cee if necessary'l: a~ entrance a. open land ~ b. woodland ~ ~O property c. scm~e~ed buildin~ ~ d, densely buih-op ~ e. commercial L~ L mdusmal ~ g. ~esidenl~al [] h. omer: beach and bay 17. INTI-RRELAI'IONSHIP OF BUILDING AND SURROUNDINGS: (Indicate if building or structure is in an historic district) On the south side the house overlooks the beach and -Peconic Bay. Flights of steps lead down the cliff to the beachfront. On the north side large studio windows overlook the clearing and the forest behind it. 18. o'rIIER NC)T.ABLE FEATURES OF BUILDING AND SITE (inclnding in~erior fcature.~ if$:n,~wn): Front entrance appears to be from an early 1800 house$as i~ is in the Greek-Revival style with pilasters and leaded glass, side lights and transom. See forms P~. 22, PE 23 and PE 36 for other Peconic artists, SIGNIFICANCE IS. DAlE OF INI]IAL ('ONSTRLr( lION: n~rnn 19d3'* .......................... ARCtlITECT: BUILDER: 21,. HISTORI('AI. AND ARCIII1ECTURALIMI~RIANC~. Irving Wiles' house and studio Were the first to be built on Indian Neck Lane overlooking the bay. The two :~tcuotures were joined together by a porch. The studio stood a few feet further west. The windows cn the are exact replicas of the original ones, and so a~.'~ '~i'~e windows on the south side, except for the round tr;3:~-~3 window in the gable.* Irving Wiles (1861-1948) taught painting during the summer in this studio. This house is a cultural landmark and recalls the daj~ eacl.. in this century when Peconic had its colony of artists. 21. $OURC£S:*Conversation with Mrs. Kozlowsky 8/31/86 (see PE.21), **Lon~ Island Traveler-Watchman."?5 years ago".10/12/ "Artists of Suffolk County, Part I" Heckscher Museum, )2. 'rHE~P: Catalog 1970. ~rom prepared by Rosemary Skye Moritt, research assistant. Irvlr~ Wil-s Studio PE 21 1986 pho%o of Irving ~ile8' studio from the south showir~ steps to beach. Pho%0 NO, I P~-P.S~ XVIII-13 lrvtr~Wtl~s studio 1~ eloPe-up of entrance today. ~M II-21 19~1 photo of Wiles' studio no~ studio wt~War~Greek Revival entrance. SPLIA collection. P~ 21 Wiles studio and house ! -1971 photo of I~vir~ Wiles' house which stood adjacent to studio. The house was tor~down circ~ 1979 Collections SPLIA 1971 photo of ~ rustic fence at roadside lr~ entrance to Wiles' studio and ~ouse, Collections SPLIA N~lson C. White letter. 1970 PE Zl N.l$on C. Whit. 1.tt-r. 1970 New York State Department of Environmental Conservation Building 40 - SUNY, Stony Brook, New York 11790-2356 Telephone {516) ~.~.~.~0365 Facsimile (516) ~?.~. 0373 John P. Cahi[I Commissioner LETTER OF NONJURISDICTION TIDAL WETLANDS ACT Febraury 3, 1999 Re: 1-4738-02163/00001 Scopaz Property Construct addition to house John and Linda Scopaz 6300 Indian Neck Road Peconic, NY 10803 Dear Mr. & Mrs. Scopaz: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the bulkhead which was constructed prior to September 20, 1977, as shown on the survey prepared by Roderick VanTuyl dated August 8, 1979 is beyond jurisdiction of Article 25. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. CAF cc: Samuels & Steelman Very truly yours, George W. Hammarth Permit Administrator ,M:'PEALS EO.~.D MEMBERS Gerard P. Gochfingcr, C. Imirman Jam~s D~uizio, Jr. Lydia A, Tortora Lora S%Coilins Southold Town Hall 5309.~ Main Road P.O. Box 1179 $outhold, New York 11971 ZBA Fax (516] 76~-9064 Tclcph0h¢ (516) 765-1809 BOARD OF APPEAL~ TOWN OF SOUTHOLD F~NDING$, DI~t~ERATIOI~ ~ I)ETEPA~dlNATION REGULAR MEETING OF APRIL 30, 1998 Appl. No. ~550 - RU~H?~ PARI~EL t000-86-~.2. DATE OF PUBLIC HEARiNg. Marda ~,'.19~ and Ap~ 16, 1998 FINDINGS OF FA~CT PR, OPERTY FA CTS / D ESCRIPTIOI~I ,: The above-lden/iW-md, g~rplm~ety oonsis~s. ~ a ~ ~d ~ ~ 2.507 ~' 6, 19~'s~ ~ ~ ~ ~n ~s ~t ~ wM~ ~ t~ s~ ~ ~ app~n for a new ~fion, ~d ~ o~r a~ b~d~ ~ ~ f~nt ~. BASIS OF APPEAL: Bulldil~ Inspector!s Action of Disapproval dated january ~6~ 1999, whiah reads as follows: #...Please mice ~oti~ that-your application dated to ~ e~6E ~9~y dweHtnE ...~ ~pp~v~ on ~ foH~ ~--a~: ~ ~ ~n ~t~ek d t0 f~t- '~a ~d a ~mb~ ~de ~ AREA VARIANCE RELIEF REQUESTED BY 'APPLICANT: The request made by ai~lflicant is to locate a proposed 20~ x 26.2' dwelling addition with an esSteely side yaml at 13 feet and westerly side yard at 14.9 to the existing foundation, oe at 8.5 to the top of the stop aves. The total side, yards f~ the foundation walls at the sides would equal 32.9 feot~ and to the top of ,the step area (large~ ?hsd 57 X 6~ code exemption) would .equal '~.5 feet. The Code requirement is 45 ft. total both side ~rds: . REAsoNs:*~U,~AItI~'~iOI~'~ DESCaIBED BELOW: (1) The Et-a~gn~ of the area .variau~e will not p~oduce an undesirable eh~u~e in ah~acte~ of n~iEhho~hood o1' a dett-lment to neiwby px-opel-ti~ b~:ause the prope!~ Is a heavily .w/~led water~ront lot and a row of eve~-et~ns sc~ns the addition from ~iew by adjoi~inC proprieties to the Page 2 - Appl. No. *,JO (R. Milieu) 1000-86-7-2.2 at Pecon~c Board of Appeals April 30, 1998 (2) The ben~it sough~'by the applicant cannot be achieved by seam method, feasible for a~plicant to pursue, othe~ ttmn au a~ea varlanea because the property is unusually long approx~natsiy 1250 feet, bu~ its nam-ow 87-feat width p~olu'bita expanaisn of ~he dweni~g without a va~anea. (3) The r~luested area variance is not substantial in considering the modeat 20 ft. by 26.2 ft. size of the addition and_ limited width of the lot area. (4} The peaposed val, is~c~ will not have an adverse effect, or ~ct ~e p~ or en~ ~ ~ ~ ~i~ ~e the ad~n ~ of minim1 ~, ~d it ~ bo ~ ~v~ent to ~e h~ ~d ~by p~. (5) The ~on ~ ~t ~ s~-~ ~d ~ due to 1o~ ~d ~ ~on of ~e p~. mi~ ~ ~ a~, ~d at ~he ~ ~o p~ ~d ~t~ ~ ~cter ~ ~ ~, ~d ~ ~, we~ of ~e R~L~I~]ACTION: ~ ~ by M~ T~, ~n~ by R~OL~, ~ OR~ ~e ~H~ ~ ~. V~E OF THE BOA~: AYe: ~S GO~G~, D~IZIO, RECEIVED AND FILED BY TBE SOUTEOLD TOV~ cLERK To~ CI~I~ Tov~ of Sout~old ACTION OF THE ZONING ROARD OF AFPF, ALS ApPe~No. 2367 Dated November 16, 1977 ACTION OF TH~ ZONING BOARD OF APPEA.LS OF THE TOWN OF SOUTHOLD TO Cecelia Ewald & Frances P. Kozlowsky (R. Bruer, Esq.) Appellant 3376 Edgarton Avenue Wantaugh, NY ~tsme~t,b~o~t~eZo~,~'do~a;,;e~ Deeem~e= 1, 1977 ( ) ~-.-- 8:30 P.M. (E.S.T.) u~n application of Cecelia ~ald ~d Fr~ces P. Kozlowsky, 3376 Edgarton Argue, W~taugh, New York for a vari~ce ~ accord~ce with the Zoning Ordinance, ~tiole III, Section 100-30 ~d Bulk Sc~dule for pe~ission to divide pro~rty wi~ insufficient width. Location of prop- er2y~ south side Indi~ Neck ~ad, Peconic, New York, bonded on ~ north by Indi~ Neck ~; east by Sue 0'Dell; south by Pe~nic Bay; ~s= by Helen Rust. SEE REVEIISE After investigation and inspection, the Board finds that the applicants request..per~ission to divide property with sufficient width , south side Indian Neck Road, Peconic, New York. The findings of the ~oard are that the applicants' pro- ~osed division of the property is not conducive to the creation of additional lots which would be undersized on one dimension. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardshlp~ the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same uss district~ and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE XT WAS RESOLVED, Cecelia ~wald and'Frances P. Kozlowsky, 33?6 F~garton Avenue, Wantaugh, New York, be GRANTED pemisslon to divide property with insufficient width, south side Indian Neck Road, Peconio, New York, as applied for, subject to the following conditions: There shall be no further division of either of the two lots created by this action. There shall be no diminution of the side yard requirements on any structures that may he built on the lots created by this action. Vote of the Board= Ayes= - Messrs= Gillisp&e, Bergen, Hulse, Grigonis, Doyen. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen. Jr. Iames Dinizio, Ir. Robert A. Villa Lydia A. Tortora 3une 26, 1996 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Southold Town Had 53095 Ma/n Road P.O. Box t179 Southold, New York 1197 Fax (516) 765-1823 ZBA #4392 - ALE~ KOZLOWSKY~ TRUSTEE, FRANCES KOZLOWSKY LOCATION OF PROPERTY: 6300 Indian Neck Lane, Pecenic~ NY COUNTY TAX MAP DISTRICT 1000, SECTION 86, BLOCK 7, LOT 2.1 ALSO SEE PRIOR ZONING RESTRICTIONS IN FORCE under Appl. #2367 (Kozlowsky) rendered as part of subdivision on 12/1/1977. BASIS OF APPEAL: The May 7, 1996 Application to Building Inspector for a permit to construct accessory tennis court with fencing, disapproved by Action of the Building Inspector dated May 21, 1996, under Article III, Section 100-33B4 and Section 100-231, pertaining to excessive height of fence in a front yard location. RELIEF REQUESTED: Location of tertnis court with court fencing at a height up to 10 feet (max/mum) in a front yard a~ea at less than the requ./red 20 feet (lot having at least 80,000 sq. ft. of total land area). Amended "rough" sketch mai) shows tenni~ court with fencing to enclose an area of 54 ft. w/de by 114 ft. deep, w/th a ~etback at not less than 10 feet from the easterly side property line and the renmlnlng 23 feet from the westerly property line. MOTION BY Member Villa, SECONDED BY Member Doyen ACTION/RESOLUTION ADOPTED: Gronted with the following conditions: 1) 54 ft. width by 114 ft. deep black fenc~ enclosure, for tonni~ court use; (2) Setbacks shall not be clceer th~n 10 feet to the easterly side property line in accordance with side yard r~qu/rements prov/ded in 1.977 zoning code regn~latiorm and reatr/ctiona of prior Appeal No. 2367 ~ndered 12/1/1977 pertaining to the land division; (3) 8 ft. h/gh pine trees shall be planted and continuously maintained on the westerly side of the property as agreed, with addition evergreens or other determ/ned after an on-site inspection (expected in the Fall 1996) by Chairperson and one ZBA member; (4) Owner, subsequent ownero, its successors, and/or a~s/~m, shall continuously maintain evergreen ser~en~n~ a distance of 115 ft. in good condition at all times (along the westerly l~rol~rty 1/ne) while the ten~ia co~A-t is in ex/$tence; (5) its location shah be 523 feet from the exist/n~ dwellina-, as requested; (6) court to be vnH~hted; no evening {a~te~-dark}~ use; (7) subject to complisnce with former 1977 condit/on~ under Appeal #2367 a~ well as compl/ance with conditiorm of bdildi~ permit when and if Page 2 - Appeal No. 4392 Application of ALEX KOSLOWSKY, TRUSTEE Decision Rendered June 26, 1996 issued, and certificate of occupancy for the same once built and var/ante. Although the current vaeiance request is subs~tial only 50~ of today's requirements (10 ft. isstead of 20 ft.), however it~ the relief recluested is the minimum lleces!~L~ to ~fford relief; the relief' requested is related to the narrow layout of the land with a nonconformlnE lot width; the setback reduction is not unreasonable under the circumstances, and a grant of the voxlance will conlinue to preserve and protect the clmracter of the neighborhocd and the health, safety and welfare of the co~alllu~itlr without detl-iment to adjoinlnE properties. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dini~o, Jr., Robert A. Villa, Lydia A. Tortore, Gerard p. Goehringer. Tkis resolution was ~nnnln~usly adopted. 'App~ved for Filing/ ~-~ GERARD P. GOEHRINGER ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 11, 2009 Zoning Appeal No. 6329 Transmitted herewith is Zoning Appeals No. 6329 John & Linda Seopaz - the Application to thc Sonthold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Agricultural Data Statement, Building- Structure Inventory Form (7 Pages), Notice of Disapproval from Building Department Dated July 22, 2009, Letter of Non-jurisdiction from Department of Environmental Conservation Dated February 3, 1999, Copy of Property Record Card (2 Pages), Findings & Determination from Board of Appeals Dated April 30, 1998, Action of the Board of Appeals Dated June 26, 1996, Copy of Map of Property, Site Plan of Property Showing Existing Structures, Site Plans Dated July 9, 2009 Prepared by Samuels & Steelman Architects. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 08/10/09 * * * RECEIPT * * * Receipt: 57062 Transaction(s): Reference 1 Application Fees 6329;~? TotalP~.~i~ Check#: 3319 Subtotal $600.00 $600.00 Name: Scopaz, Valerie Po Box 1655 Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6329 RECEZVED PERMIT NO. 7164 BOARD OF SOUTHOLD TOWN TRUSTEES ¥ SOUTHOLD, NEW YORK BOARD OF APPEALS DATE: AUGUST 19~ 2009 ISSUED TO: JOH~SCOPAZ ,/ PROPERTY ADDRESS: 6300 INDIAN NECK LANE~ PECONIC SCTM#86-7-2.1 AUTHORIZATION Pursuant to the provisions of Chap~r 275 and/or Chapter 11 l of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Auc, ust 19. 2009 in consideration of application fee in the sum of $250.00 naid b) Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits following: Wetland Permit to construct an addition to an existing dwelling with an 8' extension of the wall southwest of the dwelling, with the condition gutters, leaders and drywells are installed to contain roof run-off in accordance with Cha Management of the Town Code, and the installation of a line of staked hay bales and fencing landward of the top of prior to any construction activities, and as depicted on site plan prepared by Samuels & Steelman Architects dated July 9, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Bob Jr. - Absent 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) 765o1809 Fax (631) 765.9064 August7,2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. #6329 (SCOPAZ) Dear Mr. Terry: We have received an application for additions and alterations in Peconic. A copy of the Building InsPector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Gerard P. Goehringer 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 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 August 7, 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 #6329 Owner/Applicant: SCOPAZ Action Requested: Setbacks 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 information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 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~ DECEMBER 3~ 2009: 9:55 A.M. JOHN and LINDA SCOPAZ #6329. Location of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (a/Ida Hog Neck Bay), Peconic; CTM 86-7-2.1. Requests for Variances from Code Sections 280-14 and 280-116, based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspector's July 22, 2009 Notice of Disapproval stating that the new construction is not permitted because the setbacks are proposed at: (a) less than the code-required minimum of 75 feet from a bulkhead, (b) less than the code-required minimum of 20 feet on a single side yard, (c) less than the code-required minimum of 45 feet for combined side yards, and (d) less than the code-required minimum of 75 feet from the rear property line. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: November 6, 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 APPEALSO '~63~ 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 November 4, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 3, 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 November 16th: 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 alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearinq, providinq the returned letter to us as soon as possible; AND not later than November 17th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 23st: 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 December 1, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel #1000- ~"6 RECEZVED BOARD OF APPEALs AFFIDAVIT ~of3~ OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) /X/7 / H ~fO _-5 , New York, being duly sworn, depose and say thati On the~/~ day of~.~_~, I personally mailed at the United States Post Office in .~-.aL~44-,L,. , New York, 6y CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current o.wr~rs shown on the current assessment roll verified from the official records on file with the (q) Assessors, or ( ) County Real Property Office _, for every property which abuts and is across a public or priv?e street, or vehicular right-of-way of record, surrom~ding the applicant's property. Sworn to before me this I'Tmday of [{0IOrd~O/ , 200 ~/ (Notary Puqtic~ MY Commi&sion E~ · ~'sr taunt'1 PLEASE list, on the back of tkis Afftdavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. PROOF OF MAILING OF NOTICE Barbara and Brute Beaney Fruit Ledge Road Brookville, NY 11545 SCTMO 1000-86-7-1 Ruth and Peter Miller 6400 Indian Neck Lane Peconic, NY 11958 SCTM# 1000-86-7-2.2 Eleanor Bodenste'm Revocable Trust 6135 Indian Neck Lane Peconic, NYl1958 SCTMO 1000-86-6-19 ~2.80 i Total Postage & Fees c3 (~ Required) $1.05 0077 $2.80 04 $0.00 $ $6.15 iiii2/2009 ~;i.05 ®77 ~Z.80 $0.00 · Print your name and address on the reve~so Adclre~ee so that we can retum the card to you. B. I~'~ed by (P~nted N~e) IC~ I:~te of ~J~liv~, · Attach this card to the back of the mn4p~ese, ~,/ I ~ tllZ ~ ~ ''~ or on the front if space pe~nRs. D. I~ deJve~y ad~a~s differ~t from Item 17 rlyes 2. A~e Numb~ ?r~,~-~ 7005 1160 0000 6593 7473 ; PS Form 3811, February 2004 Domest~ Retum Receipt .t02s~-o2-M-lS4O · Complete Rems 1, 2, ami 3. ~Jso complete · Rem 4 if Restricted Delivery is desired. · pRnt your name and address on the reverse so that we can return the card toyou. · Attach this card to the back of the meilpiece, or on the front R space permEs. ~l. At,cie ~ddmssed to: ,v.7. 2. Arttcle Number B. Received by(P~n~:~Name) C j~j~llv~/ PS Form 3811, February 2004 3. Sen~ce'rype [] Reg~ta~d [~ Im Paa~pl for Ma~handa i [] Inamed Mea r~ C.O.D. 7005 1160 0000 6593 7404 · Complete Rems 1, 2, and 3./~so complete Rem 4 E Restricted Delivery is desired. · PHnt your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailp~..e, or on the front E space permEs. 7003 2260 0000 0991 6128 i PS Form 3811, February 2004 Domestic Return Rec~pt ' . ~. 102895-O24vl-1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of O'lame of 4 fimntd AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- 7 - COUNTY OF SUFFOLK) STATE OF NEW YORK) / _ . _-~ , ~or/~ oemg amy sworn, depose and say that: On the ~n*'oq ~.ay of~ , I ~rsonally pla~ the To~fs o~cial Poster, Mth ~e ~te of h~ing and m~re of my application noted ~er~n, s~mly u~n my pro~, loeat~ ten (10) f~t or closer from ~e s~t or fi~tmf-my (~veway entr~) _ faei~ the s~t or facing each s~t or fightmf-~y en~ce;* ~d ~at I hereby ~m ~t the Poster Ms remMed in place fo( seven days prior to t~'~te of the subject he.rig date, wMch being ~te Sworn to before me ~s ~yof ~o,~ ,200~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK in the Matter of the Applicat/on of (N~me of A~lioant~ AFFIDAVIT OF SION POST/NO Regarding Posting of Sign upon Applicant's Land Identified as ooo- ,,o;;. 7 - COUNTY oF SUFFOLK) STATE OF NEW YORK) _ ?:~a g'~'4 m , New'York,. being duly sworn, d~Pose and say thai: On the a~ t~.ay of~_ , I ~rsonally pla~ the To~'s o~cial Poster, ~th ~e ~te of h~fing and nam~ of my applica~on noted ~er~n, s~mly u~n my pro~, located ten (10) f~t or closer from ~e strut or d~t~f-~y (~ve~y entr~) _ facing &e s~t or facing each s~t or fight~f-~y en~ce;* and I hereby ~ ~t the Poster ~s rema~ed in pla~ for seven days prior to tk~i ~te 0f the subject being date, w~ch hea~ng ~te w~ sho~ to be ~~ r~7 ~Y of ~.~h~ , 200 ~ - r ~ ~ ~f~ ~,~ofNewY~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SCOPAZ, J. & L. #6329 MAP # 86-7-2.1 VARIANCE SETBACKS REQUEST ADDITIONS/ALTERATIONS DATE: THURS, DEC. 3,2009 9:55 AM If you ar.e 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 #9546 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) NOV 2 0 2009 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ! week(s), successively, commencing on the 12th dayof November, 2009. Principal Clerk Sworn to before me this CHRISTINA VOLINSKI IqOTA,~Y pOBLIC-S'~ATE OF NEW yO~K ~4o, 01.V06105050 ~ ~ffolk County s FeDruory 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971~0959, on THURSDAY, DE- CEMBER 3, 2009: lng, (b) a new accessory garage, and (c) based on an application for a building permit for an addition and alterailons to a dwelling and the Building Inspec- tor's July 22, 2009 Notice of Disapproval stating that the new construction is not permitted because the setbacks arc pro- posed at: (a) less than the code-required mini- mum of 75 feet from a bulkhead, (b) less than the code-reqnired mini- mum of 20 feet on a single side yard, · (c) less than the code-required mini- mum of 45 feet for combined side yards, and (d) less than the code-required mini- mum of 75 feet from the rear property line. 1O:10 A.M. PORT OF EGYPT EN- TERPRISES BY WlLLIAM LIEB- LEIN ~6233. Request for Variances fi'om Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector's July 27, 2009 Notice of Disapproval concern- ing addition/alterations proposed to a (restaurant) bulldingl which new con- struction is proposed: (1) at less than the code-required minimum of 75 feet from a bulkhead adjacent to Southold Bay, and (2) at less than the code-required mini- mum of 35 feet from the front yard lot line, at 62300 Route 25, Southold; CTM 56-6-6.L Zone District: Marine M-II. 10'.30 A.M. HIGHLAND HOUSE FI, LLC ~7. Requests for Variances from Zoning Code Section 280-14, for this proposed subdivision of property and proposed single-fumily dwelling. Based on the Building Inspector's August 31, 2009 Notice of Disapproval, the pro- posed conversion of the existing garage to a single-fiunily dwelling is not permit- ted for the following reasons: (I) its size js less than the code-required minhnum livable floor area of 850 square feet. and (2) its location is less than 60 feet from the front yard lot line. It is further noted that the proposed subdivision requires approval from the Southold Town Plan- ning Board. Location of Property: Ocean View Avenue and Heathuile Avenue, Fishers Island, Town of Southold, NY; Suffolk County Parcel #1000-9-11-7.12. 10'.45 A.M. MAGGI TRAVlS ~6334. Request for a Variance from Code Sec- tion 280-124, based on an al~plication for a building permit for an as-built (porch) addiilon to a single4amily dwelling, and die Building Inspector's July 13, 2009, amended Notice of Disapproval stating the new construction is not permitted at less than the code-required minimum rear yard setback of 35 feet, at 700 Brown Street (and along 7th Street),Greenport; Carryover Hearings, continued from prior meetings and pending additional information: 1:10 P.M. P. BETANCOURT ~6294. 1'30 PM. M. and D. SOKOL $'6318. 1'~0 P.M. WILLIAM PENNEY (TIDY CAR) # 6319 and #6226. The Board of Appeals will hear all persons, or their representatives, desk. lng to be heard at each hearing, and/or desiring to submit written statements before the eoncinsion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing, ff you have questions, please do not hesitate to contact our office at'(631) 765-1809, or by e-mail: Linda. Kowalski@Town. Southold.ny. ux Dated: November 6, 2009. ZONING BOARD OF APPEALS GERARD p. GOEHRINGER, CHAIRMAN :~ i~V rm~A ~OWALSm S4375 MalffRoad (Offi~ Location) 53095 Main Road 0vlai]i n~/US ~S) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/F'LrSt 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 hUp://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 29, 2009 John & Linda Scopaz P. O. Box 1655 Southold, NY 11971 Re: ZBA # 6329 Dear Mr. & Mrs. Scopaz: Transmitted for your records is a copy of the Board's December 22, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Vicki Toth ~ ~- -'~' -.~. P'ta-.Of='C)~E]~ =~3~_~TiN~O~ 'ROJECT NO: CHECKED BY: 1" = 40'.4)" / SITE PLAI~