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Office: Town Annex/F~rst Floor, Capital One Bank 54375 Main Road (at ¥onngs Avenue) Southold, NY 11971 http://southoldtown.no~thfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) '/65-1809 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ,RE. CEIVED APR 2 7 2009 Southold Town Clerk Fax (631) 765-9064 MEETING DATE: APRIL 14, 2009 FINDINGS, DELIBERATIONS AND DETERMINATION ZB File # 6276 and #6256 - Peter and Gall Schembri, Applicants Property Location: !.425 Sound View Road, Orient Point Public Hearing: March 19, 2009 CTM 15-3-16 SEq)RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this'application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is 18,350 square foot lot measured to the top of the bluff (24,053 square feet to the apparent high water line), with 100 feet (75.00' and 25.00') along Sound View Road, 241.78 feet between the high water line and the street measured along the eastern property line, 101.43 feet (64.79' + 36.64') along the L.I. Sound and 247.93 feet along the western property line. The property is improved with a 1 and 1½ story single-family dwelling, as shown on an amended February 25, 2009 survey prepared by Nathan Taft Corwin III, L.S. which also shows the proposed addition, proposed deck and a boundary line of setbacks for neighboring houses (at closest points from the top of the bluff). BASIS OF APPLICATION: Requests for the Variances, based on the Building Inspector's January 20, 2009 amended Notil:e of Disapproval: (1) under Section 280-116A(1) concerning a proposed rear addition to the existing dwelling with a setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, and (2) under Section 280-124 concerning same proposed single-story addition with a setback at leks than the code-required 15 feet on a single side yard on this 24,053 square foot nonconforming lot and (3) under Section 280-116A(1) a proposed deck addition with a setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sound. FINDINGS OF F.4CT The Zoning Board of Appeals held a public hearing on this application on March 19, 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: LWRP DETERMINATION: A Letter was received April 13, 2009 from the Town LWRP Coordinator recommending a determination of inconsistency under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The Page 2 - A~ri114, 2009 ZB File #676 and #6256 - P. and G. Scnemb~, CTM 15-3-16 reasons stated for the inconsistencies are that the building setbacks are less than 100 feet from the top of the bluff or bank adjacent tb the Long Island Sound under LWRP Policy 6.3rand to further Policy 4.2 recommending a minimum 20 ft. non-turf, landscaped buffer vegetated with native, drought tolerant. plant species in the event it is granted, with the buffer to be located landward from the top of the bluff line. Denial of the application with grant of alternative relief in this variance application, with conditions as noted below, will not adversely impact the bluff along Long Island Sound provided best management practices are adhered to, as follows: use hay bales or silt fencing during construction, install gutters, downspouts and sub-surface drywells to contain roof and deck runoff on site, and provided a non-disturbance buffer zone is protecting the bluff. Also, it is noted that the applicant obtained a permit for this construction from the Town Board of Trustees (approved/date-stamped April 10, 2009) with conditions. AREA VARIANCE RELIEF REQUESTED: The applicants request variances concerning: 1) Proposed setback measured from the top of the bluff adjacent to the Long Island Sound at 85 feet for a single-story addition, {2) side yard reduction from 15 feet to 12 feet for a single-story addition, {3) bluff setback reduction from 100 feet to 80 feet for the proposed 16' deep by 45 in length for a first-floor deck addition to the dwelling. 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 alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A) The alternative relief will reduce the visual protrusion of the proposed addition from the existing setbacks of neighboring houses, increasing the setback to 87 feet. The alternative relief is more in line with the neighboring dwellings directly to the east and west. The 80 foot setback from the top of the bluff to the proposed first-floor open deck would have little or no visual impact since it is low to the ground and unroofed. B) The side yard variance is a setback reduction from i5 feet to 12 feet on the westerly side, which will extend 16 feet from the existing similar nonconforming side yard setback (12.3 feet) of the home. 2. Town Law §267-b(3)Co)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling has a pre-existing nonconforming side yard setback where the addition is proposed and is pi'e-existing at 100 feet from the top of the bluff. The grant of alternative relief will result in a smaller addition (18' by 16') to increase the setback from the'top of the bluff to 87 feet instead of the requested relief. 3. Town Law §26%b(3)(b)(3). The variances requested herein are not substantial. The proposed side yard setback variance for the porch addition will maintain the preexisting nonconforming side yard setback and will be a 20% variance. The top of the bluff setback to an enclosed addition under this grant of alternative relief is a 13% variance, and a 20% variance for the proposed first-floor deck addition. 4. Town Law §267-b(3'gb)(5L Page 3 - April- 14, 2009 ZB File g676 and g6256 - P. and G. Sci~embri CTM 15-3-16 A) The difficulty has not been self created It is a consequence of the pre-existing nonconforming side yard setback of the existing dwelling. B) The difficulty with respect to the requested bluff setback as requested has been self-created inasmuch as the home is renovated and could have been built a second-story addition over the existing building area. 5. Town Law. §267-b(3)(b~(4L 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. A minimum 20' non-turf, landscaped buffer must be placed during all activities related to the proposed construction to enhance protection of natural features located landward of the top of the bluff line. 6. Town Law ~267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and enclosed addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. REsOLuTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New Yo~'k Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman, and duly carried, to DENY the requested 85 ft.' setback from the top of the bluff for an enclosed addition shown on the February 25, 2009 surveyor plan prepared by Nathan Corwin Taft IH, and to GRANT Alternative Relief for a minimum 87 ft. setback to the top of the bluff (maximum 16' D. by 18' L. mtdified size) and at a minimum of 12' and 12.3' westerly side yard setbacks, and to grant a first-floor deck addition (16' D. by 18.5' L and 25' D. by 26.5 L. as shown on the November 25, 2008 survey prepared by Nathan Taft Corwin IH, ali subject to the following conditions: 1) AIl roof ~lralnage and surface water from this site shall be directed away from the bluff and retained in drywells on the. property (drywells not closer than 85 feet to the top of the bluff); 2) Haybales shah be placed at 45 feet landward from the top of the bluff for the entire width of the property; 3) Only medium sized rubber tired small backhoe (light equipment only, no heavy equipment) for use in construction shall operate landward of placed hay bales (excavation is limited to placement of footingsffoundation). That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. - Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or ~age4- April 14, 2009 ZB File g676 and #6256 -P. and G. Schembn CTM 15-3-16 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~(.CJmir~, Oliva.~mon, Wei~s~man, and Schneider. This Resolution was duly adopted (5-0). J J J 9J~'~ i~'~ ~ 4/z//2009 Approved for Fding / TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL J[,g 2 2 DATE: November 2d, Amended: January 20, 2009 To: Peter Schembri 78 Overlook Dr. Wading River, NY 11792 Please take notice that your application dated November21, 2008, amended January 21, 2009 For permit for construction of a rear deck addition & 1st story addition at Location of property 1425 Sound View Rd., Orient Pt., NY County Tax Map No. 1000 - Section 15 Block 3 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed deck addition on this 24,053 sq. fi. lot in the R40 Zone is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluffor The proposed deck addition is noted as being approx. 80' fi'om the top of the bluff. The proposed 1st story, addition is noted as being 85' from the top of the bluff. In addition~ the proposed 1st story addition is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconformln*, and have not merged pursuant to 280-10." On lots between 20~000 & 39~999 sq. ft.~ the required minimum side yard setback is 15'. The survey indicates the proposed addition at a minimum setback of 12'. This disapproval is based upon an amended survey from N .T. Corwin III dated January 19~ 2009. Authorized Signature TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: November 24, 2008 To: Peter Schembri 78 Overlook Dr. Wading River, NY 11792 Please take notice that your application dated November21, 2008 For permit for construction of a rear deck addition at Location of property 1425 Sound View Rd., Orient Pt., N.. County Tax Map No. I000 - Section 15 Block 3 Lot 16 Is retumed herewith and disapproved on the following grounds: The proposed deck addition on this 24,053 sq. ft. lot in the R40 Zone is not permitted pursuant to Article XXII Section 280-116A(1), which states: "All buildings or structures located on lots adiacent to sounds and upon which there exists a bluffo~' bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluffo, The proposed deck addition is noted as being approx. 80' from the top of the bluff. This disapproval is based upon a survey from N .T. Corwin III dated August 25, 2008. Authorized Signature DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE FED~a © ~ '{_,~ ~ON NG BC~D ~F APPEALS THOMAS A. ISLES, A. LC.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman February l7,2009 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 Municipal File N-tubers Sutherland & Mort 6273 Nealz, LeAnn 6274 Howell 6275 Schembri 6276 Berkery 6277 Manetti, V & L 6278 TRK:ds LOCATION H. LEE DENNISON BLDG, - 4TH FLOOR 100 VETERANS MEMORIAL HIGHVVAY Very truly yours, 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 · ,~FFICE LOCA'¥ION: ~g' ' Town Hall ~x 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 Appea~,~ From: Mark Terry, .Principal:Planner [WRP Coordinator Date: April 9, 2009 t APR 1 3 2009 Re: ZBA file Ref. N~..6256 & No 62~6~('~embd) Location: SCTM 1000-15-3-16 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed deck to the top-of-bluff is 80 feet and to the proposed addition is 85 feet; a minimum setback distance of 100 feet from the top of bluff is required pursuant to: Chapter § 280-116. Building setback requirements adjacent to water bodies and wet/ands which states: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. To further Policy 4,2 Protect and restore natural protective features. Which states: Naturalprotective geologic features provide valuable protection and should be protected, restored and enhanced. Destruction or degradation of these features should be discouraged or prohibited. Maximize the protective capabilities of natural protective features by: 2. enhancing existing natural protective features using practical vegetative approaches to stabilize natural shoreline features managing activities to limit damage to, or reverse damage which has diminished, the protective capacities of the natural shoreline It is recommended that the following best management practice (BMP) be required: Require a minimum 20' non-turf, landscaped buffer vegetated with native, drought tolerant plant species. The buffer is proposed to be located landward from the top-of-bluff line. Figure 1. Subject parcel (outlined in red) ShoWing approximate limits of proposed 20, non:turfl landscaped buffer (outlined in black). It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney z~,; . .,~ t 3 2009 Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD From: Mark Teny, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: February 10, 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for PETE SCHEMBRI SCTM#15-3-16 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 PETER SCHEMBRI requests a Wetland Permit to construct an 18'X 18' addition onto the Seaward side of the existing dwelling, repair the existing wood steps and deck inkind/inplace, and to install a flagpole. Located: 1425 Soundview Rd., Orient. SCTM#15-3-16 THE FOLLOWING SECTION ADDRESSES THE PROPOSED 18' X 18' ADDITION: 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed remodeling of the existing home will project further seaward than homes on either side of the subiect lot and therefore is not in compliance with § 275-11 as referenced below. § 275-11 Construction and operation standards. A. General. The following standards are required for all operations within the jurisdiction of the Trustees: ' (3) New and renl~es. New and remodeled homes such that they project closern[~th~wetland boundary than homes on )ject lot. The distance from the proposed action to the natural protective feature (bluff} is 85 feet; a minimum setback distance of 100 feet is required pursuant to Chapter § 275-3. Findings; purpose; iurisdictiom setbacks. Please require that the applicant amend the application to meet the above policies to the greatest extent practicable. § 275-3 Findings; purpose; jurisdiction; setbacks. C. Jurisdiction: The following areas are subject to protection under Chapter 2 75 of the Code of Southold. (1) Any freshwater wetland, tidal wetland, beach, bluff, dune, fiat, marsh, SwamP, wet meadow, bog, or vernal pool; D. Setbacks. 1) The following minimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trustees: (b) Bluff line. [1] Residence: l OO feet. The distance from the proposed action to the bluff is 85 feet; a minimum separation distance of 100 feet is required pursuant to § 280-116. Building setback requirements adiacent to water bodies and wetlands. Therefore the proposed action may require a variance from the ZBA pursuant to ~ 268-5. Review of actions. § 280-116. Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. § 268-5. Review of actions. F. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LI'IzRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L Ig'RP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeais is the designated agency [or the determination of consistencF [or variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistenc~ recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activitF consistent with the objectives of this chapter. ·Ift. heA _enc_ Bo?d.ofTrusteesm acontra determination of consi enc_.~theA enc shall elaborate in writin the basis for its ~ith their recommendations Pql~l[3~p~er 268 Waterfront Consistency Review. ,~,w ~s~ -- ~ § 268-5. Review of actions. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy standards. THE FOLLOWING SECTION ADDRESSES THE FLAG POLE, REPAIRS TO THE EXISTING WOOD STEPS AND DECK INKIND/INPLACE: 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 us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Pete Schembri SCTM#15-3-16 ..... ~-- -~- ' ~ - ' - i ~ = ~~ :~> ........ ~*s } EXI6TING ~ EXISTING .................... ~'~ .................... :~'-I¥' ~ ~ ~EAKF~ST : : EXI~TIN~ ~eo~ [ I ~ LIVING i':, -- ~oo~ ~E% ~os~ ~ ~c~ ~~~~~1, { ~ ~m u~ EXI~TINGDiNiNG ~O~E~ FINAL I~AP-- REVIEWED BY. ZB ~" SEE DECISION ~l~li~ ~OtIN¢ 1ST FLO0t~ ~L,AN 1 SCALE: DECK POST CONNECTION P/'0 SURVEY OF LOTS i8 & 19 MAP OF 0~',IENT BY THE SEA SECTION No. FILE Iqo. 2777 FILED NOVEMBER 21, 1957 SITUATE ORIENT POINT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-05-16 SCALE 1"=20' AUGUST 25, 2008 NOWEMBER 25, 2008 ADDED PROPOSED DECK JANUARh' 19, 2009 ADDED PROPOSED GARAGE ADDITION FE:BRUARY 25, 2009 ADDED R~AR SETBACK AREA = 24,053 sq. ff. (TO TIE LINE) 0.552 OC. CER]PIFIED TO: PETER SCHEbiBRI FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK LOT COVERAGE DATA LOT AREA LANDWARD OF TOP OF BLUFF = 18,550 sq, fi. DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 1,670 sq. ft. 9.1% PROPOSED DECK 965 sq. ft. 5.2% PROPOSED ADDITION 524 sq. ff. 1.8% TOTAL 2,959 sq, ff. 16.1% EXISTINO HOUSE 1,384.42. N,Y,S, Lic, No. 50467 Nathan Taft Oorw,n III Land Surveyor PHONE (651)727-2090 Fox (631)727-1727 ozvo S 69*, / / / / / / / / / / / O-&/_D o !00" W sou b I~OAD FEB 25 2009 f ~0'-7 W-- 25.00' ~ EXISTING HOUSE APPLICATION~ THE SOUTHOLD TOWN BOARi~F APPEALS For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: ' JAN 22 Parcel House Nov . Street Hamlet ' ' - SCTM1000 Section /~"Block(fl~Lot(s) /~, Lot Size ~Of'.~ Zone I (VCE) APPEAI.-,THE WRITTEN DETE.~IINATION OF TIt~LDING INSPECTOR Applicant/Owner(s): ~ ~ ~ Mailing Address: Telephone: NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Authorized Representative: -'"-'---' for ( ) Owner, or ( ) Other: Address: Telephone: Ple~ase c~ek., box to specify who you wish correspondence to be mailed to, from the above names: gi~/~pplicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: li~l~ding Permit lq Certificate of Occupancy [] Pre-Certificate of Occupancy B 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~',~ t( Section280- t( ~' J~ ~ Subsection Type of A~An Appeal is made for: ~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior/~ppeal [] has ~as not been made with respect to this property UNDER Appeal No. /~ Year . (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant:~ ~]~/'CTM # / P-g0 ~/~"~O~ -/~ZBA Fil · REASONS FOR APPEAL (additional sheets maF be used with preparer's signature AREA VARIANCE RE/SONS: dAt~ 22 ''~ (1) An undesirable change will not be produced in the CHARACTER of ~he neighhorl~ood~)r a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or (~. Are there Covenants and Restrictions concerning this land: ~ Yes (please furnish copF~. 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 REQU~ESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to con~d~/o~ a~rney Signature of APpellant or Authorized Agent Sworn to. fore me this ~ I ~:~'' (Agent must submit written Authorization from Owner) dayof--~-~2OOt~ · ~. Notary Pu bi'lc ANNIE E. ESGRO Notary Public, State of New York No, 01ES5078083 Qualiflan I_n Suffolk County ornmli~lon Expire. May 11t, ~011 Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: Dimensions of first floor extension: /fl ~'/~ 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 prqvide 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 o f Floors and General Characteristics 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: /~6' 70 .~ ~- Proposed increase of building co..ver.age: ~ ---- ~ ~..~ $~i--~ .7~to ~/~. Square footage of your lot: _~ ¥ Percentage of coverage of your lot by building area: / v. Purpose of New Construction: / VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how,~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 QUESTIONNAIRE FOR FIIING WITH YOUR Z B A APPLICATION Is the subject p.~r.e, mises listed on the real estate market for sale? [3 Yes ~eo~ ~y proposals to change or alter land contours? es, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? /~ 3) Is the property bulkheaded between thsqwetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have y.o~ contacted the office of the Town Trustees for its determination of jurisdiction? [~,/~ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elation near the area of proposed construction at or below five feet above mean sea level? /d,~ E. Are there any patios, concrete barriers, bulkheads or fen. cfi~ that exist and are not shown on the survey map that you are submitting? ~'/41,~-- (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? (.~fl' - If yes, please submit a copy of~our build!n~ permit ann map as approved by the Builq~g . .~ ,, ., Department and describe: ~J~O.~?~ / f~, ~ ~ .l~ ~ ~/~- -g~ ~ G. Do you or any co-owner also own other land close to this parcel? J~-t~ If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel ~ ~ H. and proposed use (e/~plT: ~stin.g: single-family; proposed: same with garage or pool, or other description.) Autl[o~ri'ze~l Signature an/d D~te 2/05; 1/07 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL .d~SE$$MENT FORM For UNLISTED ACTIONS Only PART I - Project Iaformatioa (TO be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name SEQ 3. Project location: Municipality County 4. Precise Iocatlon (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ( } NEW (~.'~XPANSION (I.,,~ODIFICATION/ALTERATION I I 6. Descdbe project bdefly: 7. Amount oi' land affected: Initially: acres; Ultimately: acres 8. Will pmpos~ scion c~mply ~ e~s~ng or other e~sting la~ use res~ctions:(~ES ( ) NO If No. descdbe bdefly: O. What Is present land use in v[ciniW of Oroloct: (dosc~bo): ( ~o~ldontlal , ( ) Industhal ( ) Commercial ( ) Aodcul~ural ( ) ~a~Foms~Open Spac~ ( ) O~er 10. Does action In,ye a permit approval or funding, now or ultimately from any other Governmental agency.(Federal. Slate or Local) ( ) YES ([.~NO If Yes. list agency(s) and pennil/approvals:t 11. Does any aspect of the action have a currently valid permit or approval? ~( L~S ( ) NO If YesC list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? L ) YES (~)~qO If Yes, iisi agency(s) and pemnti/approvals: IAppllcant / Sponsor Name: is true to the best of my kn, owledge / /. Date: ~ Signature: If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment .~ , T~gtffSouthold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM 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 Eroslon Hazard Area. 2. 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 $outhold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (wlfich includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", tlien 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, i_t shall not be undertaken. A copy of the LWRP is available in the following places: online at tlie Town of Southold's website (southoldtown.northfork.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# /7'- o 3 /o The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard~-] Building Dept. [--~BoardofTrustees 1. 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) ~----Permit, approval, license, certitih~ior~i ........... Nature and extent Location of action: Site acreage: ag__f t9 ~"-~ Present' land use:. ~ Present zoning classification: If an application for the proposed action has been filed with the Town 0f'S~t/ttibi'd agency, the following information shall be provided: · (a) Name of aPplicant: Co) 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 ~yes, which state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Attach additional sheets if necessary Poiicy ~3vl~te~t-an--dyt~ge-fg6 hi'sr6ri~ h~d at'liftS6 ol~giCfilT6g~UT~s-off th-~- oT6~S~ht~-old. See LW~ Section III - Policies Pages 3 through 6 for evaluation criteria Atlac'l~itional sheets if necessary P01ic~ 3, Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria No otApplieable£,. Attach additional sheets if necessary ! ~ NATURAL COAST POLICIES I Policy 4. Minimize loss of life, structures, and natural resources from flobding an.d erosion? 8evLWRP Section III - Policies Pages 8 through 16 for evaluation criteria Attach additional sheets if necessary Policy 5. Protect and ilnprove water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - PoliciesL~_ages 22 -'t~ ~ h~-h- j~- - ~ij~--~7~j~-a~J~-n-c~[ ~-~i a. - ................................ Attach additional sheets if necessary Policy 7. Pages 32 through 34 for evaluation criteria. [---] Yes ~-] No [--~N~t~Applicable Protect and improve air quality in the Town of Southold. See L~RP Section III - Policies Attach additiOnal sheets if necessary Policy 8. Minimize 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. [--] Y. es [~ No [~F~ot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [--] i% [~Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LW~l~Section III-Policies; Pages 47 through 56 for evaluation criteria. -'~]-Y~ [~-NO 'l"~ot-A~-pli~-a~lel~l--~ Attach additional sheets if necessary Policy I1. Promote sustainable use of living marine resources in Long Island ound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~J Yes [] [No ~Not Applicable --~ At~ach additional sheets if necessary Policy 12. Protect agricultural lands in the To~vn' of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-]Yes ~ No [-'-~Not Applicable ~ ~o~, Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes ~ No ~Not Applic. able Created on 5/25/05 11.'20 AM x ~'~SACTiONAL DIS CLOSURE FO APPLICAB OWNER, CONTRACT VENDEE ~AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial,-unless you are applying in the name ~meone~ elsd bi' other entity, such as a company. If so, indicate the other person or company nfime ) 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) bare a relationship with any officer or employee of the Town of Southold? .... blood, marria e~.r business interest. "Business interest" · Relationshi "includes b -~ in which the Town officer o~r_r em ~;qi~'~er~"~if or emp oyment bY a3_~grporation in wh_ich the Town officer or em Io ee owns mgre than 5%~ shar~s YES~ NO If you answered "YES", complete 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 describe the relationship in the space provided. The Town officer or employee or his or her~ spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater th~v~ 5~o ~the shares of the corporate stock of the applicant (when the~ic~t is a corporation); ~ B) the legal or beneficial ow~;f a~3 interest in a non-corporate entity (when the applicant is,ff~t a cX6rpo(ation); ~ C) an officer, director, pa~'tner, or ~mployee of the an licant D) the actual applicant. ,P ; or DESCRIPTION OF RELATIONSH~ Submitted this Signature: Pfint Name:~~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERi,IT NO. 34341 Z Date DECEMBER 11, 2008 Permission is hereby 9ranted to: for : PETE & GAIL SCHEMBRI 1425 SOUNDVIEW RD ORIENT,NY 11957 "AS BUILT" ALT. TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR at premises located at 1425 SOUNDVIEWRD County Tax Map No. 473889 Section 015 pursuant to application dated NOVEMBER Building Inspector to expire on JUNE ORIENT Block 0003 Lot No. 016 13, 2008 and approved by the 11, 2010. Fee $ 400.00 ~ize~~ture COPY Rev. 5/8/02 ~s. O/OW SV. AS. LAND Farm Acre Value Per Acre Value I xtension xtension I'~,/~L.lk I 14 I I I 1 I ..?f/~.,'~'/n ! r,! ~4 I I i I I IL-III I I I I I I I I I,F Ii I I I I I I I I I I 4'1 II I I I I I I I I.I I I I ,a I I I I I I IWpl J J I I 1'1.I I II Illl[llll II Bath F[cors Interior Finish Attic Rooms 2nd Floor OWN SOUIHOLD' N~}71 TEL. (631) 76~~ n' FAX: (631) 765-~02 .~~0L9 . SoutholdTown. NorthFork.net PERMIT NO. Examined 20__ Approved 20 __ Disapproved a/c q ~? ~ ,f p Expiration ., 20 BUILDING ~i~{.MIT APPLICATION CHECKLIST Do y~ave or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survex Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water'Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20 o$ a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be conmaenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months fi:om such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~e, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ////~,// (Signature of applicant or name, if a corpj>ratior)). State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on w_13ich p~posgd wo~.will be ~[one: .~ . House N~ber S~eet Hamlet Block d~°-.~ Lot /t~ Filed Map No. ~2 7 '7 ? Lot lg +/~ 2~' State existing use and occupancy of premises a~] intende4J use and 0ccUi)agey posed cOmtmction: a. Existing use and occupancy ~ i ' :i ' i. b. Intended use and occupancy ~ ~ . :~.., 3. Nature of work (check which applicable): New Building Addition Repair Removal Demolition Other Work Estimated Cost ~'jooo. ro If dwelling, number of dwelling units O If garage, number of cars r_~ Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor o 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories Rear Depth 9. Size oflot: Front Rear -tr~:~t/a/ Depth a~!7'flfl 10. Date of Purchase Name of Former Owner ~ ~/~-e~ 11. Zone or use district in which premises are situated ~' ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ 13. Will lot be re-graded? YES__ NO ~lWill excess fill be removed fi:om premises? YES __ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES~ ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT MA.y_.-BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES [ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property?. * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YOKK) SS: COUNTY OF ) C~ ~~rl' being duly sworn, deposes and says that (s)he is the applicant (Name of individu~ signing contract) above named, (S)He is the .'~ ~(.J~)r,' (Contractor, Agent, Corporate Officer, etc.) of sat~wn~r 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary Public Signature of Applicant ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1-22-09 ZBA # NAME OF APPLICANT CHECK # AMOUNTR _T_C DATE STAMP #6276 SCHEMBRI, P. & G. #1620 $200.0j~j 2 2 2009 SOutho d Town Clerk TOTAL $200.00 Sent via Inter-Office to Town Clerk by: .pmk Thank you. 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 January 23, 2009 Zoning Appeal No. 6276 Transmitted herewith is Zoning Appeals No. 6276 of Peter & Gaii Schembri - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP consistency Assessment Form, Transactional Disclosure Form, 4 Pages of Deed Between Walter Uhl, Inc. and Rose Giarraputo Dated October 27, 1960, 3 Photos of Property Showing Staked Area of Construction, 1 Sided Copy of Property Record Card, Copy of Application for Building Permit with Amended Disapproval Date 1/20/09, Notice of Disapproval Amended January 20, 2009, Notice of Disapproval Dated November 24, 2008, Copy of Building Permit for As Built Alt. Dated December 11, 2008, Copy of Survey Showing Proposed & Existing Construction of Property Dated August 25, 2008 Prepared by Nathan Taft Corwin III, Architectural Plan for Proposed Construction Dated January 20, 2009 Prepared by Robert Higgins, Architect, Original Survey Showing Proposed & Existing Construction of Property Dated August 25, 2008 Prepared by Nathan Taft Corwin III, Land Survey. , Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 01/22/09 * * * RECEIPT * * * ReceiptS: 38866 Transaction(s): 1 1 Application Fees Reference Subtotal 6276 $200.00 Check#: 1620 Total Paid: $200.00 Name: Schembri, Gail & Peter 76 Overlood Drive Wading River, NY 11792 Clerk ID: CAROLH Internal ID: 6276 FEB ?.'5 ,~009 TRANSMITTAL WITHOUT COVER LETTER DELIVERED ~/&b~/200 '~ TO ZBA OFFICE FROM: .-~_~ ~. ,_~ ..~ ~. ~..~ ~.~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 19~ 2009: 11:20 A.M. PETER and GAlL SCHEMBRI #6256 and #6276 as amended. Requests for the Variances, based on the Building Inspector's January 20, 2009 amended Notice of Disapproval concerning: (1) a proposed rear addition to the existing dwelling with a setback at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, and (2) concerning a proposed single-story addition to the existing dwelling with a setback at less than the code- required 15 feet on a single side yard on this 24,053 square foot nonconforming lot. Location of Property: 1425 Sound View Road, Orient, CTM 15-3-16. 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 emaih Linda. Kowalski@Town.Southold.ny.us. Dated: February 26, 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 #9200 - 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 Principal Clerk Sworn to before me this day of ~~2009. NOTARY PUBLIC-STATE OF NEW YORK No. 01-VO61080R0 Qualified ,In,$uffoIl{ Gounty My Commission SxpiteJ I~el~luety Iii, SOla instead of thc'code-required rear,yard, 6~1. Request~ for Varinncesq~cd v~s~on); IvIARTIb lions ro:~'~tins dwelling, whleh new con~tnlctinn w~l be.l~ss than the code- ~rds, Loct~oa o~Property:., 4545 Hal- lock Lane (a !~vate read), Mattiil~ck; Town Code Chapter 280 (Zoain~),~'own ties trader Zoning Cod~ ~S¢¢tion 280-I1, proval concerning proposed additions · (freshwater). Location of Property: [/ork Lt1~714)9~9. orr_ ~ cant'~ad, ~ a, ~a~ll~o!aformmgarca ~oundview Avenue. Sbqthold; CTM 59- 11:05 ,~.M. MARY B. MANNING ~mber 1~ ~8 NO~ of D~ippr0v~ m~ 10 fl, side y~d, ~d (2) whi~ new ~d~on ~ pla~ ~e exis~g ga- rage',~a ~d~-~ard:~t~d of ~be ~e- addition to thc' a nc~u~0nlorming use o~ a building or premig~ has been discontinudd .for a ~penk~ of more than two yea~ or has been'~hanged t6 a higher classification or ton ~onfonnmg use, anything in this a~ale'to the contrar~ not~ithstafiding, less merly t7-3-3). Request for Variinces and d~cing to submit written statements the llOm:Onl0nni~ use o(such,bui!d~ng before the conclusion of each hearing. of premiies shall ao lddger be permit. : Each hearin~ will.not start earlier than ted. unless a variance therefore shall designated above Files are available for have been g~anted bY the B.°,ard °f AP~ review dudn§ regular business hours and ' Peala The bufidin~'InsL!0Ct°r s N°fice °f ' rior t~ ti~e :"" ~ of the~t%'ar' H oh · ' - '~ ~stin "p "'~ ' :' ~ ~''~': D~sappr~val ~ b~ed olz Pre~ g -hi~-~uestio~.ple~se-do.not Certificate 0[,Occupimcy application in- to co~,~ ,~ Sl~ction r~port d~ted 10/27~08 tiler states -~ ' """"a or by e-mail: Lind .K a that the existing detached garage with Sott~lo]d nl~us apamnent above has not been used in :l~ated:MarchA.2009. years. Location of Property: Oceanview Avenue ~nd Heathulie Avenue, F'tsh6rs Island; CTM Pa~c~l.1000-9-11-?.12 12:00 P.M. PAUL KATZ ~258 - Re- quest for a Variance under Sechbo 280- 15(~),6ased o~ih~ Bddding'In~pe~!tor'~ June 23.2008 Nofic¢ of Disapproval co~- ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Locarinn ~ 53095 Main Road (MailingJUSPS) P.O. Box 1 i'79 Southotc NrY 11971-0959 i~ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http ://southtown.northfork.net February 20, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before March 2"d Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinql providing the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned, to you by the Post Office, please mail or deliver them to us before the scheduled hearing,r 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 March 11th: 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 Postinq for receipt by our office o._Qn March 17, 2009. If you are not able t© meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, NoFth Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road ~q~/~ 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 January 26, 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 #6276 Action Requested: Within 500 feet of: Owner/Applicant: SCHEMBRI, P. SETBACK VARIANCES ( ) 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 /, Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: ~ 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 26, 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. #6276 (Schembri, P.) Dear Mark: We have received an amended application for additions to an existing single family dwelling, as detailed on the enclosed map. 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. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Encls. Gerard P. Goehringer Chairman ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTMParcel#1000- /~- ~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at , New York, being duly sworn, depose and say that: ,~ On the ¢¢~i day of /~/¢~/L._ , 200'~, I personally mailed at the United States Post Office in ~(~II~ ~id~z* , New York, by CERTIFIED MAIL., RETURN RECEIPT REQUESTED, a true copy of the arrayed Legal Notice in prepaid envelopes addressed to current owners shown on the ~rrent assessment roll verified from the offidal re~rds on file with the ~Asse~sors, 'or f) County Real ProperlY Office for ev~ or vehicular right-of- way of record, surrounding the apptican~ (Signature) Sworn to before me this .J ~r~day of ,~.~ cgt~ ,200~ (Notary Public) CONNIE O. BUNCH Notary Public, Stofe of New York No. 01BU6185050 Qualified n Suffolk County uomm ssion Expires April PLEASE list, on the back of this Affidavit or on a sheet of paper, the ct numbers next to the oWner names and addresses for which notices were mailed. Thank you. I17o~ ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) ' AFFIDAVIT. · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 4000- 15 - - COUNTY OF SUFFOLK) STATE OF NEW YORK) toa,, £,,",; -X residing at At,J, Il?f2, Neyv York, being duly sworn, depose and say that: On the ~ra/ day of t~/~/Q/L , 200~, I personally placed the Town's official Poster, with the date of headng and nature of my application noted thereon, securely upon my property, located ten-(lO) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remaip~.!~ i~c¢),for sjaven days prior to the date of the subject hearing date, ~as shown to be (Signature) Sworn to before me this ) ~-~ day of~ClAf'//k , '200~. (Notary Public) CONNIE O. BUNCH Nota[y Public. State of New Yolt, No. 01BU6185050 Qualified in Suffolk Coun~ / Commission Expires April 14, 201 ~ *near the entrance or driveway entrance of my property, as the area most visible to passersby. m IT1 Postage $ ao b~et we can retu --... ,,~ card to the h~,.L....~ .~°_Y · ---,. ,-,, mu mailplece, t. dJfl~em from Item 17 If YES, enter del/very address bek~w: ri No Mai[ C~ ~ r'l Regls~red k~l~etum R~jpt ~. Memhandj~ ~ C.O.D. 4. Restricted Daiive~? (Ex~ Fee) , __' .... "~"~0 7006 0100 0nnn ..... uuu b~h? 3294 ~?SF°rm3811, Februaw2004 _ r~m~,~.~.LT._~,uuu b~'h? 3294 · Complete items 1, 2, and 3. Also comp ete item 4 If Restricted De very is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Artfcle A~d,~sed to: I [] ~ent ¥ (P~nted Name) D. Isdaiive~edckeasdlffem~tfromltem 17 r'l~ If YES, enter deli~l~y eddree~ below: rlNo /-~ Registered ~ Return ReCeipt for Merchand/se I-I Insured Mail [] C.O.D. 2. ArUcJe Number ?r~ from ,~,,~ ~,~ 7006 0100 0000 6767 3324 · Complete items 1, 2, and 3. AJso complete Item 4 If Restrict~d 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 mailpi&ee, or on the front if space permits. ~- - 2. Arttde Number PS Form ~. Received by (Printed Name) C. Date of Delivery ). Isdaiiveryaddr~dlfferentfmmlteml? []Yes If YES, enter detive~ address below: [] No 4. Restricted Delivery? (Ex'~a Fee) i-I Yes 0100 0000 6767 3300 USPS o Track & Confu-'m Page 1 of 1 ~ UNITED ST/JT£$ POSTAL SERVICE,, Home I Help I Sign ~n Track & Confln~ FAQs Track & Confirm Search Results Label/Receipt Numbec 7006 0100 0000 6767 3317 Track & Confirm Enter L~bel/R~C~pt Numbs-. Go > Notihcation Options Track & Confirm by email Get current event informaUon or updates for your item sent to you or others by email. Go · http://~-kcnfrm 1 .smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 3/12/2009 Peter Schembri 76 Overlook Dr Wading River, NY 11792 7008 1830 0004 9531 6670 NRD~IG RIVER NY ~ 11792 MAR - 7 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~dress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 4, 2009 Mr. and Mrs. Peter Schembri 76 Overlook Drive Wading River, NY 11792 Re: ZBA File No. 6276 and #6256 -Variance Requests Dear Mr. and Mrs. Schembri: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's April 14, 2009 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Linda Kowalski 'f. RANCE COMPANY Of NEW YORk DATA UFF = 18,$50 sq. ff. % LOT COVERAG f. 9.1% 5.2% 1.6% 15.9% / / / / / / / / / / / / FOUND PIPE PORCH FRAME HOUSE OVER CONC, /';.' ~ oo.cp-r~.t / z /l ~t~ ' ' ..... .. " N' 78' UNIT 22.8' APPROVED BY , ., ," :.... TOWN OF,SOUTHO~ J~ OAb SECTInN 7E09 DF THE NEY YBRK STATE EDUCATION LAW. COPIES OF THIS SURYEY MAP NOT BEARING THE LANO SURVEYOR'S INKED SEAL OR " 0 ("4 C,,I 0 NOV-~6-~8 10:~q FR~ :N 6317~71727 p.2 SURVEY OF P/O LOTS 18 & 19 ORIF. NT BY THE SEA ORIENT POINT TOWN OF SOUTHOLO SUFFOLK COUNTY. NEW YORK S.C. TAX No. 1000-15-0~-16 NOV 2 6 2008 ~OF APFEAL.c~ I I ~ NOTICE F.D. 25 COUNTY OF SUFFOLK (~) Reol Property Tox Service Agency SOUTHOLO ~"0 1000 SECTION NO 015 PROPERTY Id,q)