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HomeMy WebLinkAbout6360 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.notthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ZB^# 3&O Tax Map #:/~)/ffD --~ ~ - L/-/0 COVER SHEET WITH ZBA FII STATUS OF FILE [ ] R~nd issued: C~OT activate or reaotivat~ file (Applio~t h~ with&a~ application). [ ~,~ ] NO REFUND DUE, based on time spent for Town to process application and heatings. [2~:~ ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps:to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) March 15, 2010 Zoning Board of Appeals 53095 Main Road Town Hall Building PO Box 1179 Southold, NY 11971 Re: Variance # 6360 Stein Family Residence Trust 2535 Cedar Lane East Marion, NY 11959 NSA project # 07-1335 NEMSCHICK SILVERMAN ARCHITECTS P.C. "... the business of ARCHITECTURE." RECEIVED MAR ] 92010 BOARD OF APPEALS To whom this may concern; This letter is to confirm we are respectfully withdrawing the vadance applicatio~Q~ Sincerely, Nemschick Silverman Architects P.C. Ray Nemschick, AIA NCARB Principal Cc: File 160 MAIN STREET o SUITE 200 - SAYVILLE, NEW YORK 11782 · 631 563 2130telephone · 631 563 2139 facsimile · www.ns-arch.com FORM NO. 3 NOTICE OF DISAPPROVAL TO: Stein Family Residence Trust C/O Nemschick, Silverman Architects, PC 430 Green Way Cutchogue, NY 11935 RECEIVED DATE: October 13,200~O'~RD °F~iPP~I.$; Please take notice that your application dated October 13, 2009: For permit tbr additions/alterations on accessory garage at: Location of property: 2535 Cedar Lane East Marion, NY 11939 County Tax Map No. 1000 - Section 37 Block 4 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed accessory garage addition and alteration is not permitted pursuant to Article III, Section 280-15 (D), accessory buildings and structures; Dormers are permitted up to 40% of the roof width, proposed dormers exceed 40%. Additionally the proposed additions/alterations on the accessory garage are a deviation t¥om the ZBA erant dated 8/21/08 hearing number 6179. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A OFFICE LOCATION: 54375 State Route 25 k/~/(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 ~ECEIVED MEMORANDUM ~OARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board of App~s From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6360 Stein Family Residence Trust SCTM# 1000-37.-4-10 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 EXEMPT from LWRP coastal consistency review requirements pursuant to § 268-3. Definitions. Minor Action, item F, which states. F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or ether shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-20061 Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEWED JAN ~_ ! ~.~0 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 5, 2010 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 Stork, Ryan & Jennifer Mandelbaum, Jay Stein Family Trust Mihalios, Nick Goldsmith, Bruce Municipal File Numbers #6358 #6359 #6360, #6361 #6362 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 Architects 430 Green Way, Cutchogue, New Yo~k 11935 Plane: 631-734-7007 Fax: 631-734~7347 PH-1 Nemschick Silverman Architects (~A~K ~F ~ARA~E Nemschick Silverman Architects PH-3 ~.~¢ Cc Stein Family Residence Trust c/o Emily C. Sharko, Eric C. Stein and Peter C. Stein, Trustees 5 Woods Witch Lane Chappaqua, New York 10514 RECEIVED March 16, 2010 MAR 1 8 ZOlO BOARD OF APPEALS Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Attention: Leslie Kanes Weisman, Chairperson Re: 2535 Cedar Lane East Marion, New York Application #6360 Gentlemen/Mesdames: It has been brought to our attention that the enclosed covenants and restrictions, which were recorded in June, 1928, are claimed to be relevant to the referenced application and have been proffered to the Board in opposition. We believe this contention to be specious for the following reasons. The text of the restrictive covenant plainly bars only the building of a garage independent of a residence, not one used in connection with a residence by the owner of both, as in our situation. We are advised that such restrictive covenants were and are common in residential subdivisions. It is not applicable to the facts before you. The garage in question, which is appurtenant to our residence at 2535 Cedar Lane, has been in open, public and continuous use for the 37 years since our family's purchase of the property in December, 1973. Dr. and Mrs. Cox, our predecessors in title, purchased the premises in 1956, at which time the garage and house existed, with their current footprint (excluding the deck added by us). They believed that these improvements had been built in the 1930's. In any event, it existed when we purchased the property, and for many years prior, without comment or objection from anyone at any time of which we are aware. Assuming the restrictive covenant in question was applicable, it has long since been waived and its enforcement is barred by laches, the equitable equivalent of the statute of limitations. See N.Y. Jurisprudence 2d, Deeds, §§ 186- 87, at pp. 91-95. Southold Town Zoning Bo~of Appeals March 16, 2010 Page 2 Thus, both the language of the restrictive covenant and applicable law conclusively demonstrate that it has no relevancy to the application before this Board, even if we assume that the ZBA is the appropriate forum for the adjudication of restrictive covenants and that the objectant has standing to assert the claims. That said, the dormer(s) for which the application seeks approval add little of practical value to the approved use of the space, although they would, in our view, enhance the appearance of the structure. Nevertheless, for reasons unknown to our family, and without any prior communication, objection has been made; though baseless, only controversy can result, for us the first in a 37 year history of harmonious relationships with our neighbors and community on the idyllic North Fork. We value those relationships above all else. Our family's multi-year community involvement, which includes CAST, ELIH, Greenport High School, Oyster Ponds School, Floyd Memorial Library, Mashomack, Oyster Ponds Historical Society and the restoration of Bug Light, among others, demonstrates the high value we place on those relationships and this community. We will not permit these values and ourselves to be demeaned by a meaningless, and mean-spirited dispute, regardless of the underlying merits of our position. Hence, the application is withdrawn, without prejudice to renewal at some future date, and we will proceed with the project as approved. Thank you for your time and consideration. Si~id/y yours, f~ T~ustees of the Stein Family Residence Trust Dan and Maureen Mooney Mike and Grace Griffin David Wirtz and Joann Brancato Joe and Barbara Pagano Ray Nemschick, AIA APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee: $ Filed By: ] -....Date Assigned/Assignment I~o. ParceIHouse No, 2535 Street Cedar Lane Hamlet Eas~arion ECEIVED ) OF APPEALS SCTM 1000 Section 37 Block 04 Lot(s). 10 Lot Size 13,174 SF Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: Oct. 14, 2009 Applicant/Owner(s):_ Stein Family Trust Mailing Address: 2535 Cedar Lane East Marion, NY 11959 Telephone: NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agenh arehitect, builder, ¢onlract vendee, etc. and name of person who agent represents: Authorized Representative: Nern$chick $ilverman Architects P.C.for (¢') Owner, or ( ) Other: Address: 430 Green Way Cutcho,que, NY 11935 Telephone: 631-734-7007 Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) ~'Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Oct. 141 2009 FOR: I~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction mOther: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article Ill Section 280- 15 (D) Subsection Type of Appeal. An Appeal is made for: [R'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 appeal lg has [] has not been made with respect to this property UNDER Appeal No. 6179Year 2008 . (Please be sure to research before completing this question or call our office to assist you.). Name of Owner: Stein Family Trust ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): A~A VA~ANCE ~ASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHA~CTER of the neighborhood or a detriment to nearby propemies if granted, because: The flarage will be similar to the the existino (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing lot is non-conforming. (3) The amount of relief requested is not substantial because: The footprint of the garage will not change. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The garage will be built where a garage existed before. (5) Has the alleged difficulty been self-created? ( )Yes, or (~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. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to):onsult your attorney.) I1, . ? ~i~J~o~l~A~p~a~ or Authorized Agen¢ ~ ~e~ must submit writte~uthorization from Owner) / ~a~ Public, State of New Y~ Reg. No. 4977025 ~alified i~ Nassau Coun~ ,, ~mmi~ion E~ires Janua~ 22, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Nemschick Silverman Architect P.C. Date Prepared: Nov 17, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: _Existing detached 2 car garage. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NA Dimensions of new second floor: 18.5' × 22.6' Storaqe Dimensions of floor above second level: NA Height (from finished ground to top of ridge): 20' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NA III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number ofFloors andGeneral Characteristics BEFORE Alterations: detached 1 sto~2 cargarage Number of Floors and Changes WITH Alterations: Detached 1 car garage with 2nd floor storage and utility, room (1 toilet and I sink) IV. Calcalations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3091 SF Proposed increase ofbuilding coverage: 0 SF Square footage of your lot: 13,174 SF Percentage of coverage of your lot by building area: 23.3 % V. Purpose of New Construction: For stora~a VI. Please describethe land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Generally fiat. Does not add to difficulty in meeting code requirements. 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 FILING WITH YOUR Z.B.A. APPLICATION RECEZYED Is the subject premises listed on the real estate market for sale? [] Yes [~No Are there any proposals to change or alter land contours? [g~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? YeS 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? NO 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination ofjurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Approved Permit # 6981 (See attached) and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers, bulkheads or fence~ that exist and are not shown on the survey map that you are submitting? NO (Please show ama of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: and I~te Do you or any co-owner also own other land close to this parcel? YeS If yes, please label the proximity of your lands on your map with this application. Adjacent southeast property Please list present use or operations conducted at this parcel Existing: $in§le Family with detached qarage and proposed use Same (examples: existing: single family; proposed: same with garage or pool,or other description,) 2/05; 1/07 RECE].VED ReCEZV~D APPLICANT TRANSACTIONAL DISCLOSURE FORM [)~ ~ 0 J~[~'~ ,.' ' (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers ~.$ and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Nemschick Silverman Arch. (Representing Stein Family Trust) (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~' Special Exception lf"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employb~ has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO I'/ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP SubmWted this~ .,'~O day of ~]~lT""J~..~. Otg/~ PrintNa~a"~// F.t~[ [~-]ff~lM.5/41tS~g---- AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED BOARD OF A PPE,4Ls tFHEN 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 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: Nemschick Silverman Architects P.C. 2) Address of Applicant: 430 Green Way Cutchogue, NY 11935 3) Name of Land Owner (if other than applicant): Stein Family Trust 4) Address of Land Owner: 2535 Cedar Lane East Marion, Ny 11959 5) Description of Proposed Project: Detached 1 car garage at existing location with 2nd floor storage and utility room (1 toilet and 1 sink) 6) Location of Property (road and tax map number): Cedar Lane SCTM 1000-37~04-10 7) Is the parcel within an agricultural district? lTlNo [~Yes If yes, Agricultural District Number 8) Is this parcel achvely fanned? [VINo I-IYes 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. 1.38-1-1.13 2. 38-5-7 Name and Address Joseph A. Cherepowich 6500 Rt. 25 Susan Rozenbaum CedarLane East Marion, NY 11939 East Marion, NY 11939 (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. $ot~~e~pllcant Date '~ 1. T~e local board will solicit comments from the owners 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 copyofthis statement. 2. Comments returned to the local board will be taken into comideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the properly owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF 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.northfork.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# 37 - 04 - 10 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. ~-~ Building Dept. [] Board of Trustees ~--~ 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: Convert detached 2 car garage to 1 car garage. Add storage space over garage with dormers. Location of action: 2535 Cedar Lane, East Marion, NY Site acreage: .3 Present land use: Residential Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Ray Nemschick (b) Mailing address: 430 Green Way Cutchoque, NY 11935 (c) Telephone number: AreaCode ( ) 63% 743-7007 (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?. DEVELOPED COAST POLICY Policy l. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [-~ Yes ~ No [] (Not Applicable - please explain) RECEIVED ~ ;tOARD OF APPEALs Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Aitach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Santhold. See LWRP Section III. - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) 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 - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) REC£/VED BOARD OF Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) 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. [] Yes ~-~ No [] (Not Applicable - please explain) 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~ No [-~ (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. R~ ~,O ~ Yes [] No ~-~ (Not Applicable - please explain) ECt~IV~D BOARD OF App~,~$ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [-~ Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [~] No [] Not Applicable - please explain 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 Applicable - please explain TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined ,20__ Approved ,20 Disapproved a/c Expiralion ,20 RECEIVED ~BOARD OF APPEALS PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health N/A 4 sets of Building Plans t/ Planning Board approval Survey ~/ Check t/ Septic Form N[A N.Y.S.D.E.C. I/ Trustees t/ Contact: Mail to: 430 Green Way Cutchogue, NY 11935 ?hone; 631-734-7007 OCT 1 3 2009 Building Inspector BLDG. DEPI. a ~,;~ o,~ ~WEDF SDUTHOLB _ ~..;a,i,,, ~vFdS ~ be compri sets:of )lans, accurate pl0t pl~ to scale. Fee according to schedule. LICATION FOR BUILDING PERMIT Date Oct. 07 ,20 0,9 INSTRUCTIONS filled in by typewriter or in ink and submitted to the Building Inspector with 3 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 commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building'shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. fi Every building permit shall expire if the work authorized has not commenced within 12 months at~er the date of issuance or has not beer~ comPleted within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Therea~er, 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 heroin described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ' . (Sigaat~re of a~pl/c-~t ~r name,/if~'c~rlJ~ration)' 430 Green Way, Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Architect is applicant Name ofowner ofpremises Stein Family Residence Trust (A~ 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 which proposed work will be done: 2535, Cedar Lane, East Marion, NY 11939' House Number Street County Tax Map No. 1000 Section 37 Subdivision (Name) Hamlet Block 04 Lot 10 Filed Map No2 : ': Lot ' e R£CEZVED BOARD OF APPEAL~ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Detached 1 car .qara.qe b. Intended use and occupancy Detached 1 car garage - 2 stories with dormered addition for storage 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units N/A If garage, number of cars 1 Addition ~' Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front 18.5' Rear Height 15.3' Number of Stories 1 ,qara.qe Dimensions of same structure with alterations or additions: Front Depth 22.6' Height 20' 8. Dimensions of entire new construction: Front N/A Height Number of Stories 9. Size of lot: Front 99' Rear 100.94' 18.5'. Depth 22.6' Number:Qf Stories 2 S,tories w/dormer Rear " , De ~ i 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~' NO__ 13. Will lot be re-graded? YES __ NO ~' Will excess fill be removed fi*om premises? YES.__ 2535 Cedar Lane 14. Names of Owner of premises Stein Family Trust Address East Marion, NY 11939 Phone No. Name of Architect Nemschiek & Silverman Arc. Pc. Address 430 Green Way Phone No Name of Contractor Address Cutchoaue. NY 11935 Phone No. NO ~' (212)-816-5664 (631)-734-7007 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~' NO__ * IEYES, D:E.C. pERMtTS MAY BE REQU ,,Ip, d~D. Letter of Non Jurisdiction issued (see attached) 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. STATE OF NEW YORK) SS: COUNTY OF Ray Nemschick, AIA being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)I-le is the Ag,ent · ' ~ ;-' ~ (Contractor, Agent, Corporate Officer, etc.) of said ownerfb, l' ~wn~.ai~*a i~ duly authorized to perform or have performed the smd work and to make and file this apphcatlon, that ali stated~t~co~l in this application are tree to the best of his knowledge and belief; and that the work will be performed in {~,~'er~Set forth in the application filed therewith. Swo ,o befo ' // x ~otarv PubliCjohn M. ,Iud ' ~ ~//~//~'~ Signatull~ekfApplicant NOTARY P U [~L41006 State ot New*fork No. 01 JU6059 ed in Suffotk County ~ ( Qualffi. . 20 ' ~ Commission Expires May 29, . . RECEzyED BOARD OF APPEALS TOIJ~I of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Halt Receipt N~ - 76850 Southold, NewYork 11971 ~ · ,ec~,~o,....~~k ....... t~_~!_..~. .............................................................................. /~r~, ~-~,A -' ~.._.:~ ....................... 11 ~) Dollars .;;~:.-...~.:~ ........................ ~: ................ ~ .................. Fee for Fee for Fee for Certificate Sign 0 Flood DevdopmentPmt. ~1 Building Permit 0 of Occupancy ........... .~.~.:.~ .................. Building Departmeet TOWN OF SOUTHOLD PROPERTY RECORD CARD //J'/-/d OWNER STREET 'Z-- ..-. ...... ~ VILLAGE DIST. SUB. ,FORME~ OWNER ~ .~ .... N E R. S W ~ES. ~/4 ~ S~S. VL FARM COMM. CB. MISC. Mkt. Velue qD IMP. TOTAL DATE REMARKS ' I~oo 7om~ ~9~ tl/zz/91 , FARM Acre Value Per Val~ ~/~ . // 'illable 2 'illable 3 VoodJand wampl~nd FRONTAGE ON WATER rutland FRONTAGE ON ROAD louse Plot DEPTH BULKH~D oral DOCK J Extension t~reezeway Garage Patio Total ,aC' 1~4 COLOR j T~ Foundation Basement Walls Place Roof JC-f-Y-hI_I J~tll III III l -TC'f~t~ . ,'ll,/.I I II~' - I l,'~'d,:h 1_ iii ',,,,,,,,,,,,, ,,,,,,,//,1 it,,1, Bath Floors Interior Finish Heat Rooms 1st Floor tion Roorr Rooms 2nd Floo, )rmer Driveway ~inette. LR. DR. FIN B BR. APPEALS BOARD MEMBERS GERARD P. GO~HRINDER, CHAIRMAN CHARLES GRIGORI~. JR. SERGE DOYER,.JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O, BOX 1179 SOUTHOLD. L.I., ~q.Y.-11971 ACTION O~ THE .~OARD OF APPEALS RECEZVED BOARD OF APPEALS Appl. No. 3854 Matter of N~NCY S~IN. Article III, Section 100-1] permission to construct a ~ or wetlands, in this R-40 ~ 2535 Cedar Lane,~East Marie 037, Block 04, L6t 10. ·P~ W~EREAS, a public heea September 21, 19~9 i~ the; STEIN, under Appeal No. 385 W~LE4CE2%S, at'said hear were heard and their testi W~EREAS, the Board M~ familiar with the premises the surrounding areas; and WHEREAS, the Board mad 1. The premises in E side of Pine Place, Town o~ the Suffolk County Tax Maps -04, Lot 10. 2. This ia~an applica Code Article III~ Section 1 97-12C), for per~ission to feet of water or, wetlands. Variance to the Zo,ning Ordinance, 9.2. (Article I, ~ction 97-12C), for eck addition with~ 75 feet of water one District. Property Location: n; County Tax Map No. 1000, Section trig was held and concluded on atter of the A~plidatien of NANCY 4; and ng all those who d~sired to be heard ony recorded; and bets have personally viewed and are 1 g~estion, lts p~esent zonlng, and the roll,lng findings of fact: astion is located along the north East Marion, and ~s identified on as District 1000,~Section Q37, Block tion for Variances ifrom the Zoning ~0-119.2, (ArticlelI, Section =onstruct a deck addition within 75 Page 2 - Appl. No. 3854 Matter of NAI~CY-STEIN Decision rendered October 12, 1989 3. The subject premises for the proposed deck is known and ~eferred to as being 35 ft. from the existing bulkhead, from Spring Pond. 4. In considering this application, t~e board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and pla~ing the proposed deck in anyiother location on the premises wiil require other variance relief; (o) that ~he area chosen for the deck ~s not unreasonably located; (d) that ~he variance will not in turn Icause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of~the Town; (e) that in carefully considering the ! ecord and all the above factors, ~e interests of justice will be served by granting the varzance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringe~, Seconded by Mr. Dinizio, it.was RESOLVED, to GRANT a Variance in the ma~er of the application of ~ANCY STEIN as applied under A~peal No. 3854 for the placement 9~ a deck, SUBJECT TO THE FOLL~ING CONDITIONS: 1. That~he deck be no closer than 35+~ Feet to the existing bulkhead, from Spring Pond. ! ~. That i~he 9eck not exceed 20% Of the/lOt Coverage. Vote of th~ Board: Ayes: Messrs. GOehr~nger, Grigonis, and Dinizio (abBent Serge Doyen, Fishers Island and Joseph 'RECEIVED AND FILED ~Y . DATE ~ ~ ?~' %~ ~OUR ~ ~ town ~"lerk, Town o! $out~o'a RECEIVED BOARD OF APPEALs ~o RECE~'VED 80ARD OF AppEALs ,/ 80ARD OF 41ap~;AL5 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman RECEiVEi~ 3~0 ~OA~O OF APPEALS http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Marline Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATIOlX ~0: ' MEETING OF AUGUST 21, 2008 ZBA # 6179 - Stein Family Trust Property Location: 2535 Cedar Lane, East Marion Map of Gardiners Bay Estates Lot 135 and part of 136 CTM1000-37-4-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated June 24, 2008 stating that this apphcation is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. Pro err Descri tion: The applicant's property consists of 13,174 square feet of buildable area (measured between the street and the bulkhead at high water), as shown on the survey dated April 10, 2000. The property is improved with a single- story house plus 201 square foot porch and 342 square foot garage, and has an existing lot coverage of 3,091 square feet of building area, or 23.3% of this buildable area (as per code). Basis of Application: Article XXIII, Section 280-124B, which states that non- conforming lots, measuring less than 20,000 square feet in total size, require a minimum front yard setback of 35 feet and a maximum lot coverage of 20 percent. Following the proposed construction of additions and alterations to an existing building and accessory garage, the single family dwelling will have a new front yard setback of 7.5 feet, and the lot will have 28.7 percent coverage. The rear addition will be 204 square feet and would be built where a concrete patio now stands. In addition, the new accessory garage in a side yard is not permitted pursuant to Article III, Section 280'15 which states that such accessory structure shall be located in the required rear yard. Page 2 - August 21, 2008 ZBA # 6179 - Stein Fan~ly Trust CTM 37-4-10 50A~DOF APPEAI.-q Area Variance Relief Requested: After removing the existing garage and porch, the applicant proposes to build a new front porch consisting of 201 square feet, a bedroom located on the front or western side of the house of 325 square feet and a rear one-stow 204 square foot addition where a concrete patio now stands. In addition, the new 18.5 ft. by 22.6 ft. accessory garage will be in the side yard, as shown on the site plan PPi-dated July 30, 2007, prepared by Nemschick Sflverman Architects, P.C. Amende~ Application: During the hearing the applicant was asked how he could reduce the lot coverage while still retaining the original concept of upgrading the home. The applicant agreed to remove the 201 square foot front porch to reduce the lot coverage (from 28% to 27.1%)· He was also asked to place leaders and gutters for drainage of runoff water with a dry well in the front yard, and the applicant agreed. The setback for the smaller porch was increased to 10.2 feet, instead of 7.5 feet. Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law q267-b(3)(b)(3)(1). Grant of the variances will not produce an undesirable change in the neighborhood or a detriment to nearby properties. The homes around Sp~ing Pond have a variety of styles and sizes. The additions are minor in relation to the small size of the lot. The garage will be rebuilt in the same foot print with a more pleasing exterior. The applicant has agreed to the suggestions to reduce the lot coverage suggested by the Board by reducing the front porch size from 201 square feet to 35 square feet, maintaining the existing front yard setback. 2. Town Law §267-b(3)b(3)(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 lot of 13,174 square feet with Spring Pond on the East and FEMA regalations as to elevations does not allow for much expansion. 3. Town Law ~267-b(3)(b)(3)(3). The variance requested herein is substantial, since the existing lot coverage is nonconforming at 23.3%, and the applicant proposes an increase to 27.1%. 4. Town Law ~267-b(3)(b)(3)(5). The di~qculty has not been self created. 5. Town Law ,q267-b(3)(b)(3)(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· Drainage into drywells and protection of environmental areas will be added to improve areas near the environmental areas. 6. Town Law §267. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of new construction, while Page 3 - August 21, 2008 ZBA # 6179 - Stein Family Trust CTM 37-4-10 ~OAI~O OF A~pEAL$ preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to Grant the relief requested amended by apphcant, and shown on the amended site plan sheet PP1 revised 7/25/08, and Drawings A-1 thru A-9 revised 7/25/08, all prepared by Nemschick Silverman Architects, P.C., subject to the following Condition: The construction shall comply with Southold Town Drainage Code and lot coverage maximum of 27.1% total (based on 13,17d square feet of land). 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: Me_m~~n), Oliva, Simon and Weisman. Member Di , pted (4-0). J ~"~rard e. ~oehringer,'~Chm~rman~/8/J~/2008 ~'~ Approved for Filing ~OARD OF APPEAi.~ \ \ \ SURVEY OF ~' LOTS 135 & P/0 136 MAP OF GARDINER'S BAY ESTATES EAST MARION TOWN OF SOUTHOLD NOTE THIS PROPERTY IS IN FLOOD ZONE AE. FLOOD INSURANCE RATE MAP No. 5610360177 O ZONE AE SASE FLOOD ELEVA¥1ON$ DE~ER~iNED ./'TEI/I PAMILX RE./'IDEdCE TPtJ./q- - LA/q- MARIO/I - MY PP-1 PLACE J'l'r I/N r~MILY I~%flD~.~ICI~ T~LL/"F - E~fl- MAI~IO~I - ~Y SURVEY OF LOTS 135 & P/O 136 MAP OF GARDINER'S BAY ESTATES EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK I / V"; ./-rEipl fAMILY Pt,/IPE/'lCE TRU./T - ~ MAI~IO/'I -/'t7 I m=~,. I- ,,.~1---.., ./'TD/I r/~MIl_>' I?r_./'I~FEYICr Ti?q/i- - ~ MN?IO~I - ~IY ......... I"'~1-.I- ~F .I-' =1 I ....... I-'~1-.I'~ ~1'~ .-' ~ A-5 07~13/2809 14:11 7656641 UUA~D U~ I~USImLb MAU-~ mz BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6981 DATE: OCTOBER 1.5 2008 ISSUED TO: $.TEIN FAMILY RESIDENCE TRUST PROPERTY ADDRESS: 2535~E~AR LANE~ EAST MARION SCTM#37-4-10 AUTHORIZATION Pursuant to th~ provisions of Chapter 275 and/or Chapter 111 of thc Town Code of the Town of $outhold and in aacordance with fl~e Resolution of the Board of Trastce~ adopted at fl~e rn~eting held on October 15, 2008 in consideration of application fee in the sum of $250,00..paid b} and subject to the Terms and Conditions as stated ia the Resolution, thc Southold Town Board of Tr~stees amhorlzes and permits tho following: Wetland Permit to construct a one-story addition to the existing single-family dwelling, new front porch and a half-story addition with utility (1) toilet (1) sink to existing one-story garage, with the condition gutters and drywells are installed to the roof run-off and in accordance with Chapter 236-Stormwater Management of the Tow Code, and the drainage pipe is removed from the bulkhead, and as depicted on the site plan prepared by Nemschick Silverman Architects P.C. last dated August 28, 2008. IN WITNESS WHEKEOF, the said Board of Trastees hereby causes its Corporate Seat to be affixed, and these presents to be subscribed by a majority of thc said Board as of this date. James F. King ~bsen~) 87/13/2889 14:11 Jame~ F. King, President Jill M- Doherty, Vice-President Pe~3y A. Dicker~on Dave Berllen Bob Ghos~o, Jr. October 15, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTI-IOLD Town 53095 Route 25 P,O. Box [179 ~ou%holcl~ N~v York 11971-09.59 Telephone (631) 765-139Z Fax (631) 765-6641 BOARD OF APPEALS Ray Nemschick, R.A. 735 Deerfoot Path Cutchogue, NY 11935 RE: STEIN FAMILY RESIDENCE TRUST 2535 CEDAR LANE, EAST MARION SCTM#37-4-10 Dear Mr. Nemschick: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., October 15, 2008 regarding the above matter: WHEREAS, Ray Nemschick, R.A. on behalf of STEIN FAMILY RESIDENCE TRUST applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated Apdl 30, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policies 5, 5.2 and 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells to contain roof run-off in accordance with Chapter 236-Stormwater Management of the Town Code, and the removal of the drainage pipe from the bulkhead, and, 2 ~ECE~'VED WHEREAS, a Public Hearing was held by the Town Trustees with respect to said ;~. application on October 15, 2008, at which time all interested persons were given an aOARD OF opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, ~ NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of STEIN FAMILY RESIDENCE TRUST to construct a one-story addition to the existing single-family dwelling, new front porch and a half-story addition with utility (1) toilet (~1) sink to existing one-sto[y garage, with the condition gutters and drywells are installed to contain the roof run-off and in accordance with Chapter 236-Storrnwater Management of the Tow Code, end the drainage pipe is removed from the bulkhead, and as depicted on the site plan prepared by Nemschick Silverman Architects P.C. last dated August 28, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule,) Fees: $50.00 Very truly yours, ~)~tl M. Doherty, Vice-P~sident ~Board of Trustees ' JMD:lms 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 December 7, 2009 Zoning Appeal No. 6360 Transmitted herewith is Zoning Appeals No. 6360 of Nemsehick Silverman Architects for Stein Family Trust- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Copy of Application for Building Permit Dated October 7, 2009, Notice of Disapproval from Building Department Dated October 13, 2009, Copy of Receipt from Building Department, 4 Page Copy of Action from the Board of Appeals Dated October 12, 1989, 3 Page Copy of Findings & Determination from the Board of Appeals Dated August 21, 2008, 4 Page Copy of Permit from the Board of Trustees Dated October 15, 2008, 3 Pages of Photos of Property as it Exists, Copy of Property Record Card, Survey of Property Dated April 10, 2000 Prepared by Joseph A. Ingeguo, Land Surveyor, 8 Pages of Plans Showing Floor Plans, Plot Plans & Elevations Dated November 17, 2009 Prepared by Nemschick Silverman Architects Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/07/09 * * * RECEIPT * * * Receipt~: 62039 Transaction(s): 1 1 Application Fees Reference Subtotal 6360 $400.00 Check#: 156 Total Paid: $400.00 Name: ClerklD: Nemschick, Silverman Amhitects {for Stein Family Residence} 735 Deerfoot Path Cutcho~ue, NY 11935 CAROLH Internal ID: 6360 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 25, 2010 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 25, 2010: 11:15 A.M. STEIN FAMILY RESIDENCE TRUST#6360. Request for variance from Code Section 280-15 (D), based on an application for building permit and the Building Inspector's October 26, 2009 Notice of Disapproval concerning proposed additions and alterations to accessory garage with dormers at more than the code required 40% of the roof width, additionally, the proposed additions/alterations are a deviation from prior ZBA grant86179, at 2535 Cedar La., (adjacent to Spring Pond) East Marion, NY. CTM#: 37-4-t0. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~Town. Southold.n¥.us. Dated: February 22, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:N EW YORK In the Matter of the Application of (Name of Applicants) ' CTMParceI#1000- 3'/ O/-{. - 16 ,X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEVV YORK) I, residing at , New Yoi'k, being duly swom,'depose and say that: ~ On the I day of H~E ~c~ ,260', I personally mailed at the United States'Post Office in .,.,~,'fVI~Z,.~ . ., New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the' attached Legal Notice in prepaid envelopes addressed to current owners shown on the current asseSsme[~t.rell vedfied from the official records oR file with the (v~ Asse{sors, 'or ( ) .County Real Property Office' . ., for every .property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's~.Rropedy. (Signature) LAI~II~'ENCl~ F.. SILVERMAll N~ Public ,State ot New Y~ e~. No~ 01SI477025 ~ ' . ~al~ied in Suffolk Cou~ ~ jJ PLEASE list, on the back of this Affidavit or on a sheet of paper, [he Io[ numbers next to the owner r~ames and addresses forwhich notices were mailed. Thank you. ~3arbacc~ Paja,~c -c. m,6~, N/ ~tq3q $2.80 $2,30 $0.00 $5.~ 03/01/~10 USE 0782 12 Postmark Here Apt PgD Postage $ ~.44 0782 Certified Pee $2 · 80 12 Return Rece)pt Fee (Endorsement Required) $~-, ~0 Restricted Delivery Fee (Endorsement Required) $0,00 Total Postaoe & Fees $ $5.54 03/01/2010 Brian & Holly Wel'ngart Postage ~. 44 0782 Cer~lled Fee $2.80 12 Return Receipt Fee Postmark (Endomement Required) $2.~0 Hem Restricted Deliver? Fee (Endomement Required) $0.00 Total PosHgo & Fees B $5.5q 03/01/2010 l~,-~,:~:~:,.---~-~x-si~- .............................................. [orPO~o,,~o. 5 Woods Witch Lane II Postage Ce/tiffed Fee D Return Receipt Fee ~ (Endorsement Required) Restricted Dallver? Fe~ r-~ (Endomement Required) $2.80 $2,30 $0.00 $5.54 0782 12 Postmark Here 03/01/2010 nj I ~ ~F~F"! ~'( A L U S E ~.44 $2.80 $2.~ $0.00 $5.54 0782 12 Postma~ Hem 03/01/2010 or PO Box No. March 01, 2010 Town of Southold Zoning Board Of Appeals 53095 Main Road, Town HaH Building P.O. Box 1179 Southold, NY 11971-0959 Re: Stein Family Residence Trust 2535 Cedar Lane, East Marion, NY NSA Project # 07-1335 Nemschick Silverman Architects P.C. '... the business of ARCHITECTURE." LETTER OF TRANSMITTAL WE ARE SENDING YOU: [] Shop Drawings [] Copy of Letter [] Attached [] Prints [] Change Order [] Under separate cover via the following items: [] Plans [] Samples [] Specifications [] Other Affidavit of Mailinos & Receipts 03/01/10 Affidavit of Mailings 03/01/10 ~ Certified mailreceipts ftomPost Ottice THESE ARE TRANSMI'R'ED as checked below: [] For Approval [] For Your Use [] Aa Requested [] For Review and Comment Comments: [] Reviewed [] No Objection with Revisions Noted [] Rejected [] Revise and Resubmit [] Resubmit Copies for Approval [] Submit__Copies for Distribution [] Return Corrected Pdnts [] For Enclosed please find the notarized Affidavit of Mailings form, and (5) certified mailing receipts postmarked by the Post Office, mailed to the following addresses: 37-4-9 37-4-12.1 37-4-17 384-21 38-4-22 Please contact our office should you have any questions. Thank You Copy to: File From: ~amant#a ~art /'COdeCt Manaffer 160 MAIN STREET * SUITE 200 ,, SAYVILLE, NEW YORK 11762 631.563.2130 telephone · 631.563.2139 facsimile * http://www.ns-arch.com 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 mgulady published in said Newspaper once each week for ~ week(s), successively, commencing on the 11th day of March, 2010. Principal Clerk Sworn to before me this 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 25,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, March 25, 2010 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 4th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan {filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, 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 arrangements were made in either a written statement, or durin,q the hearing, providing the returned letter to us as soon as possible; AND not later than March 5th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with 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 March 17st: 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 March 23, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: STEIN FAMILY TRUST # 6360 MAP #: 1000-37-4-10 VARIANCE: DORMERS EXCEEDING CODE LIMIT REQUEST: ADDS/ALT TO ACCESS. GARAGE DATE: THURS. MARCH 25, 2010 11:15 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Town Annex IF'Mt Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) .$outhold~ NY 11971 http:llsoutholdtown.northfork, net BOARD OF APPEALS TOWN OF $OUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE 'TRANSMITTAL SHEET TO:. Fag xlo, sc tc Date: REFERENCE:: TOTAL NO. OF PAGES iNCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice record/rig) [] URGENT [] FOR YOUR UPDATE [] PLEASE.COMMENT [] AS REQUESTED [] NOTESICOMMENTS: Please find attached copy/copies of the following:. Thank you. SendedsInifiah: ~ 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 December 7, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6360 Stein Family Residence Trust Dear Mark: We have received an application for additions and alterations on proposed accessory garage with proposed dormers exceeding 40% of roof width. 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, Gerar¢ Chair~ BY: ( Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 December 11, 2009 Mr. Thomas Isles,.Director Suffolk County DePartment of Planning P.O. Box 6100 Hauppauge, NY 11768-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Articl6:XIV of the Suffolk County Administrative Code: ZBA File # 6360 OwnedApplicant: Stein Family Trust ACtion Requestedi Proposed additions & alterations to accessory garage, proposed dormers exceed 40% of roof width. Within 500 feet of: ( ) State or County Road i (X) Waterway (Bay, Sound, or Estuary) '~. ( ) Boundary of Existing or Proposed County, State, Federal land. · ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerar~ By: L/ 0 % SURVEY OF LOTS 135 & P/0-136 MAP OF GARDINER'S BAY ESTATES SECTION FILE No. 275 FILED SEPTEMBER 23, 1927 SITUATED .AT EAST MARION TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-57-04-10 SCALE 1"=20' APRIL 10, 2000 AREA = 13,174. t8 sq, ('r0 BULKHEAD) 0.502 ac. ft. KENNETH STEIN THI,C PROPERTY IS IN FLOOD ZONE AR. FLOOD INSURANCE RATE MAP No. 56103C0177 ~ONE AR: BASE FLOOD ELEVATIONS DETERMINED PLACE N,Y.S, U~. No, 49666 Joseph A. Ingegno Land. Surveyor PHO~IE (65'1)727-~2090 ,Fox (63~)727-1727 20-240 A, AREA EtT'r: ~t/AN?ITY ~'r'H~£ ~ES~I~/?T/ON 5 YI, Ct~OL ~N.G~,fe/PT/ON A~. AI~NOR BOLT RAID. RAI21II5 L ALL ~ 15 TO COlCFORN TO THE RRLE5 AHI) ~TION5 OF THE I~. EACH COHTRACTOR ANI~ E~SONTRAGTOR 5HA~L BE RESF~HSIBLE FOR II. NAXIN~I Sib¢, OF FOO?71~5 5HALL BE ONE VERTICALLy TO THO SCHEDULE EXI~TIN~ ~LL~ I~. I~TI~ I~. I~TI~ ~1~ I~mTI~ ~ ~ ~ A~ FI~ ~1~ N015~ AFFI~A VI T OF ENERGY ~O~E ~ONFORHAN~E ~ ~r~ ~ ~r~ ~o~ ~ ~m ~ ~ ~TWm~ NOT FOR CONSTRUCTI~ 'N ~ ~ 11/17/0g VARrANcESET NOTES, LEGEND, ABBREVlA] ONS ~ ~ AND PLUMBING RISER DIA )RA~ C~ FLE ~ME: ~ L / P:~007,1335,GARAGE ONLY,CD,t S, ~ ~O~CT T~LE: DATE: Nemschick SilveFman Architects P.O. ~~Fax 631-734-7347 ~ ~ ~¢~~~ ~ ~ ~ ~ ~ ~~ r~ ~ DBT~T:GARAGE ADDITIONS AND ALTERATH NS NOV. 17,201 ,.cT~: ~O~: LOT: i 07-1335 _ ~ , i ~ ~ i , ~ EAST MARION, NY 11939 ~ALE: ~AWING NO; 430 Green Way, Cutchogue, NewYork 11935 ~ -- ~ ~ - ~ - ~ ~ ~ ~ ~ - ~ AS NOTF Phone: 631-734-7007 :DRAWN By: http://~.ns-arch.com FLOOR PLAN NOI TH .~~~,.c 1000 37 04 1~ SC N~ 51T5 INfOrMATION ~- /~' ~ ~ / ~, ~ ~ ~ ~'~ ~ su~wY o~ ~ _ ----- *' EAST MARION k ¢ ~ ./ TOWN OF SOUTHOLD o,,o h h X~ / k J AREA = 13,174.18 sq, fl. ~¢ ~ .~xx ~/, ~o~. N ~__ -NrZo~ ' m. ¢ / FLOOD INSURANCE RAIN MAP No. 56103C0177 g ~ ~O ~,~ ~ ~ ZONE AR: ~SE FLOOD EL~ATIONS D~ERMINED NemschiokSilverman*rchitectsP.C. 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New York 11935 ~ _ _ ~ ~ ~ ~ ~ ~ ~ Phone: 631-734-7007 Fax ' 631-734-7347 - -- - ~ - ~ - AS NOTE ~TDCT: ~CTIO~ BLO~: LOT: ~ BY: http://~.ns-arch.com FLOOR PLAN NO~ TH .~~~,.~ 1000 37 04 10 EX/ S TI N~ ©© EXISTING EXI ~ TI N~ n O0 DD q EXISTIN~ NOON EXISTIN~ LIVIN& NOON EXIST. KIT~hCZN EX/ G TI N~ ALL NEH dLOSET5 TO REE, EIVE A 12" [2F_:EP HELANINE 51-EL? AI~ ~,LOSET NALLI MA TSN EXISTII~ ~. A~,E55 ~ AI~ PAI, I~5 A5 ~ARA&E I~' TREAZ:;'5, I" ,~1I~ £1~E O~ ( M ST ?£00 ONSTRE T/ON PLAN ..~.ALE = I/4" = 1'~2" Nemsohiok $ilverman Architects P.C. the business of ARCHITECTURE" 430 Green Way, Cutchogue, New York 11935 Phone: 631-734-7007 Fax: 631-734-7347 http://~vvv~v, ns-arch, co r,'~ FLOOR PLAN NOI STRUCTURAL NQT~5 I. ALL L Vl_ ,4N~ L Vi_ HITH STt~I. PLATE SHALL ~E THRI/ ~ TE~ I, YlTN ~' [PlAtV~licl< BOL T5 AT 24' OZ. 5TA~I2C. 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COl',', FLOOR PLAN NOI ~ 5~ALE = I/4" = I'-~' GARAGE ADDITIONS AND ALTERATI( 2535 CEDAR LANE EAST MARION, NY 11939 DISTRICT: · CTION~ BLOCK: LOT: 37 0, 10 (2)22(10 RR ON EITHER 51~E ~ RIDGE -- NEH.2XIO RIDtSE RR 04~DOFApp~4~$ DRAWING TITLE: NOT FOR CONSTRU~ SECOND FLOOR CONSTRU~ AND CAD FILE HAke: P52007\1335\GARAGE ONLY\CD~A-1 TH N,.~, PEO,ECT ,~. 07-1 DRAWNG NO.: DATE: NOV. 17 SCALE AS NOTE DRAWN BY: LAN A-3 -- ~ ~'-.. ~ - ~ / EXI~TII~ ON I~ ~ TAR pAP~e ...... _ _ ~...,~.~,.~ ~ ~ ~. ._ ~~ ~: ~ ~~ ..... ~.~,~,~ ~o _. ~,~, ~ ~ ~ ~_ ~ . ~. -- ~ ' ~ ~ ; ~ 11/4'X4'¢'~FL~~ ', ~ ~) I-~/4' X II-I~" VIP L ~ ~ (~ J" X~ . ~ . ~',~ I I I I I I I I ~ = I/~' = I'~' ~ ~ ~/~ = I'~~ ~ ~ = I/~' = I'~' ~ISTI~, ~ ~ ~ R~ 5TA ~ ~ ~ A~HI~ ~1~ 5TA ' ' ~ ~ F~I~ ~ , ~ ' ~ ~R A~HI~ ~ , ~4 ~ AT I&' ~. ~ ~EILI~ ~ I j J I GEILI~ HT ~ ~ (~XIO ~A~ ~1~ , A~, ,~4 ~ ION "- NOT FOR CONSTRUCTP ~N ELEVATIONS, SECTI )N ~ ~ I AND DETAIL ~ L_ ~ P:,2007,1335,GARAGE ONLY,CD ,-z NemschickSilvermanArchitects..c. ¢~ ~ ~ ~~~ r ~ ~ ~ ~ ~A~ r~ ~Y GA~GE ADDITIONS AND ALTERATI ,NS NOV. 17,209 "thebusinessofARCHiTECTURE"~ ~ _ -- _ ~ ~ ~ ~ ~ __ b ~ ~ - 2535 CEDAR ~NE SCAE: D~W~ ~.: ! -- ~ - ~ ~ ~ ~ EAST MARION, NY 11939 430 Green Way, Cutchogue, NewYork 11935 ~ _ _ __ ~_ ~ _ _~ ~ ~ ~ _~_ AS NOTE Phone: 63%734-7007 Fax ' 631-734-7347 ~CT: ~CT~ 8LOCK: LOT: ~AWN BY: http://~.ns-arch.com FLOOR P~N NOI TH .~~~,.c. 1000 37 04 10 SC Use every other nail hole in a row to provide the code-required minimum center-to-center spacing for nails CUT LENGTH Provide minimum end distance Equal numbar in each end Srmpson Strong-Tie CS Coiled Strop Simpson Strong-Tie CCQ46 Simpson Strong-Tie ABA44 (ABA66 SIMILAR) Simpson Stron(-Tie HTT22 8d 8d r~V~ON$/SLJEMISBION$: DATE DESC~?K~t 11/17/0§ VARIANCE SET DR*AW~,K~ TITLE: NOT FOR CONSTRUCT STANDARD STRAPPING CONNECTION DETA Nemschick Silverman Architects P.C. 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