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Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Southold Town Cleft FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 8, 2010 ZBA FILE 6358 NAME OF APPLICANT: Ryan and Jennifer Stork SCTM# 1000-128-6-8 PROPERTY LOCATION: 3270 Great Peconic Bay Blvd., (Adjacent to Gmat Peconic Bay) Laurel, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 5, 2010 stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impact. LWRP: This application has been reviewed under 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 EXEMPT from LWRP coastal consistency review requirements pursuant to Section 268-3. PROPERTY FACTS/DESCRIPTION: This non-conforming 21,974 square foot lot, contains a single family residence and an accessory garage. It has 67.82 feet of frontage on the Great Peconic Bay, with 524.77 feet along the westerly property line, 58.40 feet of frontage on Peconic Bay Blvd., and 525.15 feet along the easterly property line. The survey shows proposed demolition of existing structures and a proposed five bedroom house with a two story accessory garage. BASIS OF APPLICATION: Request for variance from Code Section 280-15 (B), based on an application for building permit and the Building Inspector's October 26, 2009 Notice of Disapproval concerning proposed demolition of existing accessory garage and construction of a new accessory two car garage,(proposed height over 20 feet) at less than the code required side yards setback of 20 feet, at 3270 Gmat Peconic Bay Blvd.,(adjacent to Great Peconic Bay) Laurel, NY. CTM#: 128-6-8. RELIEF REQUESTED: The applicant proposes a detached accessory two-story garage that is 22 feet in height, and side yards of 5.7 feet and 14 feet where the code requires 20 feet for each side yard, for that height. The plan submitted shows a half bath and playroom on the second floor, which constitutes habitable space. ADDITIONAL APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The agent for the applicant did give testimony for the need for use of the second story Page 2- April 8, 2010 ZBA File#6358-Stork CTM: 1000-128-6-8 at 3270 Great Peconi¢ Bay Blvd., (Adj. to Great Peconic Bay) Laurel, NY playroom and half bath, but did not submit any additional plan that would bring this application into more conformity with the code. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 25, 2010, 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b(3)(b)(1) Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The agent for the applicant indicated that the present accessory structure, which has a non-conforming use and a .5 foot side yard setback on the easterly property line, does consist of seasonal habitable space, which was created prior to zoning and once removed, the use is no longer valid. The Board is aware of this second floor use, which was part of the testimony stated by the agent at the prior hearing for the construction of the new home. At that time, the Board granted the variances for the new home but denied the location and use of the proposed accessory structure. The present plan indicates new more conforming setbacks, proposed non-conforming height, and continued habitable use of the second story of the new accessory structure. The Board has a concern with the recreation use requested in this application, and will submit alternate relief in its final decision. Town Law §267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Based upon the width of the lot, and the request for a two car garage which is common to this area, the applicant has no other alternative but to request these variances. However, the benefit sought by the applicant for habitable space on the second floor can be achieved by some other method feasible for the applicant to pursue. Town Law §267-bi3)(b)(3) The variance granted herein is substantial. The applicants' request to re-establish a use, that once removed, is not permitted. The applicants' lot is very narrow with proposed non-conforming side yards and a non-conforming height. The height requested is a 33% relief from the code and the requested side yard is a 72% relief of the code requirement. Town Law §267-b(3)(b)(4) Although no neighbors came forward in the presentation of this application, the Board has a concern of continuing non-conforming uses in new accessory structures. Town Law ~267-b(3)(b)/5) The difficulty has been self-created, based upon the significant non-conformity of the lot size and its width the applicant could construct an accessory garage that is conforming by reducing the height. Town Law §267-b Grant of this application IS NOT the minimum action necessary to enable the applicant to enjoy the benefit of a new accessory structure while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman(Chairperson), and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as noted below: GRANT, a new accessory garage structure subject to the Following Conditions: A. Single side yard on the easterly side of 7.7 feet with total side yards of 19.7 feet. Page 3- April 8, 2010 ZBA File#6358-Stork CTM: 1000-128-6-8 at 3270 Great Peconic Bay Blvd., (Adj. to Great Peconic Bay) Laurel, NY B. Maximum height of the accessory garage shall be limited to 20 feet to the ridge. C. Second story playroom can be utilized as seasonal use only, with a half bath (no tub or shower). D. The playroom use on the second story shall not have a permanent heating or air conditioning system, and shall not be used as a sleeping unit for either guests or members of the owner's family. This parcel may not be set off or subdivided. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Zoning Appeals for approval and filing, TWO sets of the final site plans, survey, and architectural drawings conforming to the alternative relief granted herein. The Zoning Board of Appeals will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Goehringer, Schneider, Weisman (Chairperson). Absent was: Member Homing This Resolution was duly adoi0~d (4-0). Leslie Kanes Weisman, Chairperson Approved forfiling ~//r.~/2010 // RE~flEIVED ' ~. ' Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 May 4, 2010 (631) 734-5800 RECEIVED Ms. Leslie Kanes Weisman, Chairperson Southold Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA ~a'%~'/; Ryan & Jennifer Stork, SCTM #1000-128-6-8 BOARD OF APPEALS Dear Ms. Weisman: As required by a condition in the ZBA's findings in this matter, herewith are "TWO sets of the final site plans, survey, and architectural drawings conforming to the alternative relief granted". I would appreciate receiving confirmation of the Board's approval of these documents and of the fact that the Board's approval has been communicated to the Building Department. Also, please provide me with one set of the drawings and one copy of the survey, each stamped and signed indicating the Board's approval. I~ely, ~ ~ ~fies E. Fitzgemled~r. Enclosures: Drawings entitled "The Stork Residence", Sheets 1, 2, and 3, dated 4/26/10 - 3 sets Survey by Nathan Corwin, last dated 4/28/10 - 3 copies a subsidiary of THE PECONIC EASTERN CORPORATION SURVEY OF PROPERTY SITUA T£ LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-128-06-08 SCALE AS SHOWN SEPTEMBER 14, 2007 JANUARY 13, 2010 REVISE DRYWELL LOCATIONS & SHOW WATER SERVICE TO GARAGE APRIL 28, 2010 RELOCATER PROPOSED GARAGE AREA : 21,974 sq. ff. 0,504 ac. RECEIVED BOA[ID OF APPEAl. ~p~Og WALL SCALE ~"= 60' SEPTIC TANK SPECIFICATIONS. OL HISTORIC HIGH WATER LEVEL FOR THiS WAS FOUND TO E~E EL, 2 26 CERTIFIED TO, RYAN STORK JENNIFER STORK MiD-ISLAND ABSTACT, LLC LEACHING POOL SPECIFICATIONS MAP BY ZBA SEE DECISION # %,~S? DATED ~ NYS Llc No 50467 Nathan Taft Corwln Land Surveyor PHONE (631)727-2090 Fox (631)727 1727 CONN ~TIONS (~)D ETA I L-~.~.~. DETAI L X /® I (D ® ® HOLLC~q COLUf'IN TIE-DO~4N~ TYPICAL DE-FAIL ~ NAILING .~Ct-IEDUiE I~lALL ~NEATHING NAILING NO SUBSTITUTIONS MICRO-LAM / FLITCH PLATE 2DLTING DETAIL I~IINE)OI~I~ TO ~E 'ANDEtlt~EN--~TORI~I !NATC-t-lii--Ii~IpACT tRE~I~TANT DE..~.I~'N PI~EB~UIii~E CALCULATION FOF~ NOTE: TI-lIB SET OF PLANS NAS BEEN DESIGNED IN ACCORDANCE INITN THE AMERICAN FOI~E~T AND PAPEt~ A~OCIATION (AF¢ PA~ ~qooD FP~AI~iE CONSTRUCTION I~iANUAL FOl~ ONE AND TI~IO FAl~lli¥ DI~IEiLING~/ 2001 SBC MIGM ~qIND EI~)ITION/SECTION 2. PLUM]3,1NG RISER DIAGRAM RECEZVED ~AY 0 ~ 2010 BOARD OF APPEALS FINAL MAP ' ~~ REVIEWED BY ZBA //~+~-._~'~*~% DATED_~,?__ I ~ I ¢o ~o I ~v'~~ / ~ < 0 < NO. KEVISIONS: DA~I~ TITLE DP~AWN BY: PET DATE: F UNEXCAVATED A: FOUNDATION PLAN ~INDO~ SCHEDULE VE~T PITCh4 TO (a)l ,J, PATIO X FIRST FLOOR PLAN 5ECON D FLOOR 200 5. F. 440 5.F. DOOR SCHEDULE 5[:;' J SECOND FLOOR PLAN ® FINAL MAP J REVIEWED BY ZBA ' SEE DECISION DATED ~'/, ~ r.~r IIKEVLSIONS: NO. DATE TITLE I I I I I I I I I I I-L--F~ J-F .... 'JT--J~ L__L ....................... L ..... l__J SOL/TN ELEVATION 2 --C. AR ~ARA~E RE-BAR (TI'P,) SECTION I I I I I I '~ ......... 'JT ......... I-1 I .......... J. ......... i IAI EST ELEVATION PLA¥~I ;2 -- C, AR GARAGE SECTION I I I I I FI- -- 'l- L .l_J L__.L ................. I ~=^,~Z ..... SECT I ON J I NORTI I ELEVATION FASCIA ELEVATION RECBVED ~OARD OF APPEAI~ L MAP REVIEWED BY ZBA SEE DECISION # ~]d DATED__ I .;o/o KEVISIONS: DATE TITLE 3 OF 3 SFFEtFS FORM NO. 3 NOTICE OF DISAPPROVAL RECEZVED 80ARD OF APPEAL$ DATE: October 26, 2009 TO: Ryan & Jennifer Stork C/O Prop~r-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Please take notice that your application dated October 20, 2009: For permit to demolish existing garage and construct new accessory two car garage at: Location of property: 3270 Great Peconic Bay Blvd., Laurel County Tax Map No. 1000 - Section 128 Block 6 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed demolition and construction of new two car accessory garage on this non- conforming waterfront lot consisting of 21,974 sq. ft. in the residential R-40 District is not vermitted. Pursu~cle III, Section 280-15 (B), "accessory buildings; on lots 20,000 - 39,999 ~ 20' in hei~t~shall have a minimuln'~i~-'y)~rd setback of 20 feet. Survey shows proposed ~ara~e at 5.7 feet from tt~e east~de yard, whe~ 20J~et is required and 14 feet from~de yard, w~et is required.'-~ plan notes a half bath and plawoom on the second floor, which constitute~eX~ space. 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: t'fle, Z.B.A. ~,X \ .3 1 OFFICE LOCATION: (D~/ / ~'~ Town Hall Annex ~./\0x¢ 54375 State Route 25 x\~/(cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southeld, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM 8OARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6358 Stork SCTM# 1000-128.-6-8 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 other shorefine defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] 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 SUFFOLK COUNTY EXECUTIVE RECEZVED 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 A14-14 thru A14-25 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 Municipal File Numbers Stork, Ryan & Jennifer Mandelbaum, Jay Stein Family Trust Mihalios, Nick Goldsmith, Bruce TRK:ds #6358 #6359 #6360 #6361 #6362 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. ~ 4TH FLOOR P. O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 NOV ~ BOARD OF APPEALS Z N/F ROMANELLI RESIDENCE SERVICED BY BCWA DESCRIBED PROPERTY LAUREL, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: RYAN STORK JENNIFER STORK N/F AUSTIN RESIDENCE SER~CED BY SCWA LINE PROPOSED BUILDING FOOTPRINT CONTAINING 5 BEDROOMS TMl¢ 1000-128-06-008 SCALE 1"= 60' MATCH 22' PROPOSEDSYSTEM SANITARY.~.%. PROPOSED DRYWELLS AT,HOUSE CO~NERS, 6 DIA BY B DEEP. EL 18 (PROP) ~ OUTDOOR SHOWER -'ID OF CD COVERED PATIO (PAVERS) WALL OF ADJACENT RESIDENCE LJNE BETWEEN BUILDINGS EAST AND wEST OF pROPOSED RESIDENCE TIMBER NO~ RETAINING WALL SCALE 1"= $0' LINE 2-RAIL FENCE ('PROP) TEST HOLE / LOCATION END FENCE NOTE: BLOB DRIP LINE OVER LINE 0.3' UTILIT~ POLES (2) -~.o' NORTHERLY POLE '*NOTE: BLDG DRIP LINE ON PROP. LINE ('PROP) 1 °20'59"W 22.17' SEPTIC TANK SPECIFICATIONS: LEACHING POOL SPECIFICATIONS: HISTORIC HIGH WATER LEVEL FOR THIS AREA WAS FOUND TO BE EL. 2,26 GUARANTEED TO. RYAN STORK JENNIFER STORK MID-ISLAND ABSTRACT, LLC suRVEYED: 14 SEPTEMBER 2007 AREA - 21,974 S.F. OR 0.504, ACRES SURVEYED DY STANLEY J. ISAKSEN, JR P O. BOX 294 5NEW SUFFOLK. N.Y. 17956 ~ECE~/ED '&OARD OF 4*-O- FOUNDATION PLAN FIP-ST PLAN SECOND PLAN RECEIVED SCALIE: 1/8," = 1' - 0" GARAGE FLOOR PLANS Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 March 22, 2010 Fee: $ Office Notes: APPLICATIO~D __ Filed By:. THE SOUTHOLD TOWN BOARD #APPEALS ' HouseNo.3270 Street Peconic Bay Blvd Hamlet Laurel SCTM 1000 Section 128Block 6 Lot(s) 8 Lot Size 21974 $ f Zone R - 40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10 / 26 / 0 g BASED ON MAP DATED 9 / 8 / 0 g Applicant(s)/Owner(s): Ryan and Jennifer Stork MailingAddress: 79 Laight Street, New York, NY 10013 Telephone: 646-964-4881 Fax#: Email: rjjwstork@gmail.com NOTE: I. addit~o, to tile above, please complete below if applicafio, is signed by applica.t's anoruey, age#t, architect, b.ilder, co. traet NameofRepresentative:Jame$ £. Fitzgerald, Jr. for (~X) Owner, or ( )Other: Agent's Address: PO Box 617, Cutchogue NY 11935 Telephone 631-734-5800 Fax0:631-734-7463 Emali: jefitzge@suffolk.lib.ny.us Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or ~q Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9 / 8 / 0 9 AN APPLICATION DATED 10 / 20 / 09 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section280- 280-15(B) Subsection Type of AppeaL 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 appeal E~.has~ [] has not been made at any time with respect to this property, UNDER Appeal ~__ yea~ ~. (Please be sure to research before completing this question or call our o_~ice for ~No. 6187, 6232; 2000 NnmeofOwner: Zl~ile# 6~ RECEXVED REAsoNs FOR APPEAL (additionM skeets maF be used with preoarer's signature}: N 0 \' ~ 4 2 0 0 ~ 80ARD OF APPEALS AREA VARL4NCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or 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 ( )No. Are there Covenants and Restrictions concerning this land: [] No. [] Yes ¢~/ease furnish covvk 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. Ckeck tha ( S~n~mre ~f A~t o (~ge~t must submit wH~n A~ Sworn to be~ me this day of~ No~ Publi~ - ~D PLEASE COMPLETE THE LINDA J COOPER NOTARY PUBLIC, State of New York NO. 01CO4822563, Suffolk County.. Term Expires December 31,20,¢" RECEIVED Applicant: Ryan Stork gOARD OF APPEALS REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The proposed garage, although significantly different in style from the existing ga- rage/guest house, is similar in style to the approved proposed main house and is the same size in footprint as the structure it replaces. 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 benefit sought, to build a garage to replace the existing garage/guest house which will be demolished to accommodate the relocated main house, with non-conforming indi- vidual and total sideyard setbacks, is required to accommodate the proposed structure in the front yard of this waterfront lot which is only 42 feet wide. A Certificate of Occupancy has been issued for the accessory Garage/Guest House in its present location. In order to meet the bulkhead setback required by the Code for the main house, it is proposed that the garage be moved to a new location on the property. 3. The amount of relief requested is not substantial BECAUSE: The existing garage/guest house presumably met the zoning requirements when it was constructed, including the non-conforming sideyard setbacks. Many accessory structures in the area which have been rebuilt or renovated are significantly closer to the side prop- erty lines than current requirements. The proposed structure is no more intrusive in this regard than the structure it replaces. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: The footprint of the proposed garage essentially maintains the existing setbacks from the property lines. The use of the property for a single-family residence with a garage house will be unchange~ Has the alleged difficulty been self-created? ( ) Yes ( X)No nity. STATE OF NEW YORK) COUNTY OF SUFFOLK) This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- Sworn to before me this / oc~ day of /U t~ 'c/ ,2009. Notary Public LINDA J COOPER ~40TAR¥ pUBLIC, State of New York 01C04822563, Suffolk TNeOr~ Expires December 31,20.,./--"-" APPLICANT'S PROJECT DESCRIPTION (For ZBA l~fcx~nce) RECEIVED AppH~t: Ryan and Jennifer Stork LForDemoHtioaofExi*fimgB~ldingArens Ple~ ~sc~areasbeing~mov~:. sieepxng quarters and Oath, no D~ePrepared: 11/17/09 Revised 2/5/10 80ARDoFAppEAL$ Existing two-story garage with basement, approx 920 sf overall H. New Construction Areas (New Dweilimg or New Additions/Extensions): Dimensionsoffirstfleorextension: 22' x 37' overall Dimensions ofnew second floor: 22 ' x 24' +/- Dimensions of floor above second level: N on e Height (from finished ground to top of ridge): Z Z ' - Is basement or lowest floor area being constructed? If yes, please proyide height (above ground) measured from natural existing grade to first floor: N/A TIT. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number ofFloors and General Characteristics BEFOKE Alterations: Entire vroject construction. See II. above is new Number of Floors and Changes WI'III Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ 6 ~ O Proposed increase of building coverage: '- O - Square footage of your lot: Z 1 9 7 4 Percentage of coverage of your lot by building area: 11.9% V. PurposeofNewConstrucfiou: Demolish, relocate~ rebuild existing structure VI. Please describe the land contours (fiat, slope %, heavfl~wooded, marsh area, etc~) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit seven (7) photos, hbeled to show different angles of yard areas after stilting corners for new construction), and photos of building area to be altered with yard view. 7~002;2~005;1~007 .. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Ryan and Jennifer Stork Date Prepared: I. For Demoliiion of Existing Building Areas Please descn'be areas being removed: 11/17/09 RECEIVED 80ARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsofflmtfloorextension: 22 ' x 37 ' overall Dimensions ofnew second floor: 22' x 24' +/- Dimensions of floor above second level: None Height (from finished ground to top of ridge): Z Z Is basement or lowest floor area being constructed? If yes, please Proyide height (above ground) measured from natural existing grade to first floor: N/A IH. Proposed Construction Description (Alterations or Structural Changes) (attach exlm sheet ifnecessa~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Ftoors and Changes WITH Alterations: IV. Calculations of building arcas and lot coverage (from surveyor): Existing square footage of buildings on your property: ? 610 Proposed increase of building coverage: - 0 - Square footage of your lot: Z 1 .q 7 4 Percentage of coverage of your lot by building area: 11.9 % V. PurposeofNewConstrnction: Demolish, relocate~ rebuild existing structure VI. Please describe the land contours (fiat, slope %, heavilx.wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat 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 RECEIVED NOV ~ 4/_~,~ BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contoum? ~[.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? Y e s 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Copy o~: permit 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 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a 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? H No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. No If yes, please label Please list present use or operations conducted at this parcel Private sin_~.le-t:nmily residence 2/05; 1/07 617.20 RECEIVED Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORI4AROo For UNLISTED ACTIONS Only FAPP~4LS PART I - PROJECT INFORMATION (To be completed by A~pli~nt or Proje~ Sponsor) 1. APPUC~T/SPONSOR ~2. PROJECT NAME J~es E. Fi~ger~ Jr. - Proper-T Pe~t So,ices [ St~k G~ge 3. PROJECT LOCATION: Municipality Laurel County Suffotk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 3270 Peconic Bay Boulevard See attached maps. Laurel, NY 11948 5. PROPOSEDACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Demolish existing garage/guest house; construct new garage with second-story playroom/storage area and half-bath, approximately 22' x 37' overall, in new location landward of new house. 7. AMOUNT OF LAND AFFECTED: initially less tbaa 0.] acres Ultimately N/A acres 8. W{LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly Some setbacks are less than required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agficutture [] Park/Forest/Open Space Describe: Medium- to large-size private waterfi'ont single-family dwellings. []Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes U NO If Yes, list agency(s) name and permit/approvals: Southold Trustees, approved; NYSDEC, approved; Southold ZBA 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Southold Trustees, approved; NYSDEC, approved 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [--]Yes []No I CERT~IE~THAT TH%~I~TI~, ~)N PROVIDED ~;~VE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor na~ E.~ ~-"~ ~,/~.$//) Date: 11/17/09 /-/ ~- _ ,/ ! , /, If the a~J~n is in the CoaVs~ml Area, and you are a state agency, complete the C~stal Assessment Form before proceeding with this assessment OVER I Reset PART II - IMPACT ASSESSMENT~II be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I T~SHOLD IN 6 NYCRR, PART 617.47 If yes, coo~l~ate the review process and use the F, ULL EAF. r'lYes [~No B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. ~]Yes DNo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise lavels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character?. Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlite species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensily of use of land or other nabJral resources? Explain briefly: Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: ~,ECE'~VEO C6. Long term, short term, cumulative, or other effects not identitied in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: 8OARD OF APPEAL~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or referanca supporting matadals. Ensure that explanations contain sufficient detail to show that all ralevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have identified adverse which MAY Then to the FULl one or more potentially Imge or impacts proceed directly FAF and/or prepare a positive declaration. [] Ch~ th~ box it you have d~termined, basad oa tbe information and analy~la abev~ and any suppoffinfl dooumen~tion, that tbe proposed action WIE NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination 1 l/l 7/09 Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Tltte of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If d/fferent from responsible officer) Reset APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of intprest on tl~ pm't of town officer~ 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: Ryan Stork (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's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Tax grievance Building Variance X Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, incinding a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% &the shares. YES NO X tfyou answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Soothold Title or position of that person Deserihe the relationship between yourself (the applicanffageat/repre sent afive) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this [ Signature PrintName 'Rye5~ St%rk 200 _ AGRICULTURAL DATA STATEMENT · ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 80ARD OF APPEALS WH~V TO USE 1'1t15 FORM: The form must be completed by the applicant for any special use perm& site plan approva~ use variance, or subdiv~ion approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural distrk~ 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 GeneralMunicO~al Law. 1) Name ofApplieant: pyan ~n3 .I~nn~c~r Stork 2) Address ofApplicant: 7q T,aSght Street: Apt 6E~ New York NY 10013 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description ofProposed Project: Demolish/rebuild relocated exi'sting garage/ guest house. 6) Location ofProperty (road and tax map number): Peconic Bay Blvd; SCTM ~1000-128-6-8 7) Is the parcel with/n an agricultural district? ~No EYes If yes, Agricultural District Number 8) Is this parcel actively farmed? l~No [-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project~ (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name ~d Address 2. Dix Hills, NY 11746; <CTx4 ~ laOfl-l?7-X-12 3. (Please use back side of page if more than six property owners are identified.) The lot numbers 765~or the~ff~ Note: ~ainec[, in advance, when requested from either the Office of the Planning Board at mt ~ / Date 1. The local board will solicit comments fi-om the owners of land identified above in order m consider the effect of the proposed action on their farm operation. Solicitalioa will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as patl of the overall review of this application. 3. Copies of the completed Agricultural Data Slatement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submittod 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 ~ECEIYED LWRP CONSISTENCY ASSESSMENT FORM ~OARD OF APPEALS 1000-128-6-8 PROJECT NAME Stork Garage The Application~en submitted to (check appropriate response): ZBA ~ Pl~nnlng Board [] BulldingDept. ~-~ BoardofTrustees [-~ category of Town of Southold agency action (check appropriate'response): (a) Action undertaken direcd7 by'Town agency (e.g. capital cons~ciion, pl~n~g activity, agency regulation, land mamacfion) (b) F~-~-cial assistance (e.g. gran% !oan, ,subsidy) (c) F~mi% approval, license, certification: Nature and extent of action: ... Demolish existing garage/guest house; construct new garage with second-story playroom/storage area and half-bath, approximately 22' x 37' overall, in new location landward of new house. Location of action: 3270 Peconic Bay Boulevard, Laurel Site acreage: O. 504 acres Present ~and use: Residential.; single-family dwelling Present zoning classification: R - 40' If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: Rvan and Jennifer Stork 79 Laight Street, Apt 6E (b) M~ling address: New Yo?k, NY 10013 (c) Telephone number: Area Code ( ) 646 - 964 - 4881 (d) Application number, if any:. Will the ~on be directly undertaken, require funding, or approval by a state or federal agency?. Yes~'[~J No[] If yes, which state or fedezal agency? NYSDEC RECEXVED BOARD OF APPEALSAPPLICANT: RYAN STORK SCTM #: 1000-128-6-8 Policy 1 [] YES LWRP CONSISTENCY ASSESSMENT FORM (Revised 9/22/08) Foster a pattern of development in the Town of Southold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of Nil°pment' [] NOT APPLICABLE Replacement of an existing detached garage on a waterfront property, resulting in no net gain in the area of the footprint, is consistent with the character of the water- front community, and because the immediate area is heavily developed it is felt that there is no adverse impact on the desired preservation of open space. Infra- structure use is not a factor since the project is for the replacement of an existing structure and assuming a lower level of use. The project is certainly a beneficial use of the coastal location, and the incremental increase in development in the area is insignificant. Policy 2 Preserve historic resources of the Town of Southold. [] YEs [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YEs ~o [] NOT APPLICABLE The structure proposed will not be inappropriate in the proposed location. It will be compatible with other existing waterfront structures in the area, and will not ad- versely affect the dynamic landscape elements (tidal fluctuations, seasonal vegeta- tion changes, changing light) which might contribute to ephemeral visual qualities. ~,ECEI'VED Policy 4 ~OARD OF APPEALs Minimize loss of life, structures, and natural resources from flooding and ero- sion. [] YES ~O [] NOT APPLICABLE The likelihood of the proposed project contributing to increased hazards which could result ih the losses listed is minimal. Natural protective features will not be adversely affected; there is an existing bulkhead and an existing retaining wall landward of the bulkhead. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The proposed project will utilize a new Health Department-approved on-site sew- age disposal system. During construction a line of haybales and/or a silt fence will be in place to minimize the chance of silt entering the bay. There will be no distur- bance of the bay bottom during construction. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- tem. [] YES ~O [] NOT APPLICABLE There is no wetland vegetation on the site, and as has been mentioned the property is behind an existing bulkhead and a retaining wall. Steps will be taken to insure that silt does not enter the bay during construction. The project is not located in a Significant Coastal Fish and Wildlife Habitat. All statutory and regulatory re- quirements, at all levels of government, will be strictly complied with. No dredg- ihg, excavating, or filling of the bay bottom is proposed. Policy 7 [] YEs Noect and improve air quality in the Town of Southold. [] NOT APPLICABLE The construction or use of the project as proposed will not result ih significant amounts of new air pollution. /~ECEIvED Policy 8 ~OARo OF APPEALS Minimize environmental degrndation in the Town of Sonthoid from solid ~3~2' waste and hazardous substances and wastes. DYEs [] NOT APPLICABLE It is not expected that the project as proposed will, over time, result in the genera- tion of significant additional solid waste; solid waste will be disposed of in accor- dance with the required or recommended practices of the Town and the SCDHS. Any handling and storage of petroleum products will be accomplished through the use of approved containers and facilities, and approved methods of handling and storage will be followed. Policy 9 [ yEs Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. [] APPLICA LE This policy is not applicable to the proposed project. Policy 10 Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 11 Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southold. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 13 [] YES RECEIVED ote appropriate use and development [] NOT APPLICABLE HOARD OF APPEALS of energy and mineral resources. The planning and construction of the project is, and will be, such that energy effi- cient design criteria are applied throughout, based upon local and State building codes. As has been stated, any handling and storage of petroleum products will be accomplished through the use of containers, facilities and methods of handling and storage as approved for residential property use and generally accepted as safe. Site drainage and water control will be designed and accomplished in accordance with Town policies and requirements. Roof runoff will be retained on-site. Excess spoil resulting from the slab excavation wilt be removed to a site at which it will pose no environmental burden. RECEZVED gOARD OF APPEALS 79 Laight Street, Apt 6E New York, New York 10013 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required for a two story garage/utility accessory structure on my property located at 3270 Peconic Bay Boulevard, Laurel, and designated by Suffolk County Tax Map No. 1000-128-6-8, and to furnish, upon request, supplemental information in support of the application. Proper-T Permit S'ervices POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 November 23, 2009 Re: Application for a Variance; SCTM #1000-128-6-8; Ryan & Jennifer Stork RECEIVED BOARD OF~APPEAL~ Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the construction of a two-story garage/utility structure on the property of Ryan and Jennifer Stork located at 3270 Peconic Bay Boulevard in Laurel. Proper-T Permit Services represents Mr. & Mrs. Stork in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. E~c~os~¢s~ Application Fee (two checks, $400 + $200) Application (8 copies) Project Description (8 copies) Letter of Authorization (8 copies) Transactional Disclosure Form (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies Vicinity Map (8 copies) Tax Map (8 copies) LWRP Consistency Assessment Form (8 copies) Agricultural Data Statement (8 copies) Survey of Property (original plus 7 copies) Building Elevation & Floor Plan Sketches (8 copies) Town Property Card (8 copies) Project Site Photos (8 copies) Photo View Angles (8 copies) ZBA Appeal #6187/6232; 2009 (8 copies) a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permit Services RECEIVED NOV 3 fl ~{,~i' BOARD OF APPEALS POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 November 27, 2009 Ms. Vicki Toth, Building Permits Coordinator Southold Building Department Post Office Box 1179 Southold, New York 11971 Re: Disapproval dated 10/26/09; Stork, SCTM #1000-128-6-8 Dear Ms. Toth: The Notice of Disapproval (copy attached) referred to above includes a comment concerning "habitable space". If this comment is in any way intended to be a reason for the disapproval of the Building Permit application, it is necessary that specific Town Code references be provided. If the comment concerning "habitable space" is not intended to be a reason for the disapproval, please remove it and issue a revised Notice of Disapproval. Stork cc: Gerard Ooehringer, Zoning Board of Appeals Michael Verity, Building Departmem a subsidiary of THE PECONIC EASTERN CORPORATION TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, I~fore applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Truste~ Flood Permit Storm-Water Assessmem Form Contact: Approved ,20 Mall to: Disapproved a/c Phone: Expiration ,20.__ Building Inspector 3.,~.~-.-~-?--~'-'~-~'~'~//~PLICATION FOR BUILDING PER341T '~/I OCT 2~ ?~0g /~L.~J/ Date Oct 20, 2009,20 ~~~~ ~STRUCTIONS ' mT~~letely filled ~ by ~pew~t~ or~ ~ ~d sub~Rod to ~eB~lding I~ctor wi~4 se~ o~ ~1 ~ ....... sclc. Fee ac~rding ~ sch~ule. b: Plot pl~ showing location of lot ~d of bufldin~ on p~mises, relafio~p to Mjoin~g p~is~ or public s~ or ~, ~d waylays. c. ~e wo~ cover~ by ~is appli~fion may not be cemented ~fo~ iss~ce ofB~lding Pe~it. d. Upon app~v~ of~is appli~tion, ~e B~l~ng I~p~Wr will issue a Bulldog Pe~it to ~e applic~L Such a pe~it sh~l be ke~ on &e p~mis~ article for ~spection ~u~out ~e work. e. No buil~g ~1 ~ occupi~ or used in whole or in ~ for ~y p~se what so ever ~fil ~e B&ld~g I~pector issues a Ce~ficme of Occu~cy. ~ Eve~ building pe~it s~l exp~e if~e work au~od~d h~ not commen~ wi~n 12 mon~ ~er ~e date of iss~ce or ~ not b~n comple~ wi~in 18 mon~s ~m such ~te. If no ~g ~en~en~ or o~er ~o~ ~g ~e pm~ have ~en enact~ in ~e ~te~ ~e BulldOg I~p~tor may au&o~, ~ ~g ~e e~ion of ~e ~t for ~ addi~on six mon~. ~e~r, a new ~t sh~l ~ ~qui~. ~PLICATION IS ~BY ~E to ~e Buil~g Dep~em for ~e ~s~ce ora B~l~g Pe~it p~t to ~e Build~g Zone ~ce of ~e Town of Sou~ol~ Suffolk Co~F, New Yor~ ~d o~er applic~le Laws, ~c~ or Re~lafio~, for ~e co~on ofb~l~n~, additions, or ~fions or for ~ov~ or demolition ~ he,in des~ ~e applier a~es to ~mply wi& ~1 appli~ble laws, ord~c~, b~l~ng c~ing collation, ~d to ~it au~o~d ~pe~ on p~s~ ~d in bdlding for ne~s~ i~p~io~~~,~~~ ~RO~-T ~ ~~i~ ~~e~omfion) ~l~g ~ ofappli~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Nameofownerofpremises Ryan and Jennifer Stork / (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 Tmde's License No. 1. Location of land on which proposed work will be done: 3270 Peconic Bay Boulevard, Laurel House Number Street County Tax Map No. 1000 Section Subdivision 128 Hamlet Block 6 Filed Map No. Lot 8 /~8~8 t~WIt0.0l~ 2. State existing use and occupancy of promises and intended use and occupancy of proposed construction: a. Existing use and occupancy SFD with detached garage with sleeping quarters b. Intended use and occupancy SFD with detached garage with attic/plyroom 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost $75~000 Fee 5. If dwelling, number of dwelling units If garage, number of cars 2 X Addition Alteration X Other Work (Description) (To be paid on filing this application) N/A 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. 7. Dimensions of existing stmctares, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth. Height. Number of stories 8. Dimensions of entire new construction: Front 22 ' Rear 10 ' Depth 37 ' Height 20'-5" Number of Stories' 1-1/2 , 9. Size of lot: Front 58 ' Rear 54 ' Depth . 10. Date of Purchase 9 / 19 / 07 .Name of Former Owner Souder 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 13. Will lot be re-graded? YES__NO X Will excess fill be removed from premises? YES X NO Ryan and Jennifer Stork, 79 Laight Street, NY 646-964-4881 14. Names of Owner of premises Address Phone No. NameofArehitect Peter Tokar Address 3718 Sound Ave PhoneNo 631-208-4097 Name of Contractor Address Riverhead .Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X N° __ * 1F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES X NO__ * 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 them any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO X STATE OF NEW YORK) SS: COUNTY OFSuf fo 110 J amc s E. F i t z g e r a 1 d, J r. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are 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. 20o NOTARYI'tmUC- STATE OF NEI~'~RK NO. 01HY618g~ ~" ~JAUFIED IN 8UFFOCK COUNt' COMMISSION EXPIRF.,8 ~6/30/20.~,~ RES.~/~O S~S. VL FA~ ' COMM. CB. MISC. Mkt. Valu~ ' ~N~ IMP. TOTAL DATE REMARKS FA~ Acre Value Per Value ~ I Ac re rillable 2 r~able 3 ;wompland FRONTAGE ON WATER Jrushland FRONTAGE ON ROAD ~- _ . touse ~ ~ ~ DEPTH BULKH~D COLOR TRIM M. Bldg. ,r:~ k' ~- ,_ ,,f~¢ ~5~O ?fz'~-S-- Foundation Extension ~' X/0- /o ~ I ~'~ 3asement Extension Ext. Walls Extension Fire Place Type Roof Breezeway Garage Patio Toto, Recreation Room D~rmer; Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette LR. DR. ,BR. 1194l rlTUCF 11952 THE AREA OF THE PROPOSED PROJECT IS CIRCLED SOUTH JAMESI~ORT R E A T P E C VICINITY MAP Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERM1T SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 May 26, 2008 ~ECEI*¥ED ,:~ aOARD OF APPEALS THE SITE OF THE PROPOSED PROJECT IS SHADED T~ ~P Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY t 1935 James E. Fitzgerald, Jr. 631-734-5800 May 26, 2008 PROPOSED GARAGE WITH ROOMS AND 1/2 BATH ON SECOND LEVEL 22' ;~ECEtVED ~OARD OF APPEALS GARA( TEST HOLE LOCAT ON END FENCE- 'ol ;UY EL 18 PHOTO VIEW ANGLES Application regarding the property of Ryan Stork, SCTM #1000-128-6-8 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, 1'-~ 11935 James E. Fitzgerald, Jr. 631-734-5800 November 19, 2009 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32335 Date: 05/03/07 THIS CERTIFIES that the building DWELLING Location of Property 3270 GREAT PECONIC BAY BL%FD LAUREL (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 128 Block 0006 Lot 008 Subdivision Filed Map No. __ LOt No. __ conforms sul~tantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 32335 dated MAY 37 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING & ACCESSORY GARAGE WITH SLEEPING QUARTERS* ·"ne certificate is issued to SUSAN SOUDER & ORS. (OWNER) of the aforesaid building. *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A Signature Rev. 1/81 BUILDING DEPAR17MENT TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT ~ OF (~ (S): SUSAN SOUDER & ORS. OCCUPANCY: SINGLE FAMILY DWELLING ADMIi-£~u~By: KATHLEEN GOGGINS 3270 GRRAT PECONIC BAY BLVD LAUREL MAP NO.: LOT (S) SUSAN SOUDER & ORS. ACCOmPANIeD BY: SAME S~FF. CO. TAX MAP NO.: 128.-6-$ KATHLEEN GOGGINS, 4/2/07 ]lAW: 05/03/07 DWELLING: TYP~ OF CONS~UCTION: WOOD FRAME FO~DATI(~: POSTS & CEMENT BLOCK PATIO ACCESSORY STRUCTURES: C,A~N, ~"~qgN OF CONST.: WOOD FRAME 2 STORY * STO~, TYPN ~ONST.: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. ]NSPEL-i'~ BY: Form No. TOW sommoL 'P~ } ~ 200; BUILDING DEP~TMENT TO~ H~L 765-1802 .... APPLICATION FOR CERTIFICATE OF OCCUPANCY Tbs application must be filled in by t~ewriter or i~ ~d suN~tted to the Building Depamnent w/th the following: A. For new building or new use: 1. Fin~ su~ey ofprope~y with a~urale location of all buildings, prope~y lines, streets, and unusual na~ral or topographic features. 2. Final Approval from Heal~ Dept. of water supply and sewerage-disposal (S-9 fo~)~ 3. ~proval of electrical imtallation from Board of Fire Unde~dters. 4. Sworn statement from plumber ce~ifying ~at ~e solder reed in system contains less than 2/10 of 1% lead. 5. ~ercial building, in~sthal building, multiple r~idences and'si~lar buildings and installations, a ce~ifieate of Code Compliance from ~hitect or engin~r responsible for the building. 6. Submit Plmming Board Approval of completed site plan requirements~ B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate su~ey ofprope~y showing all prope~y lines, streets, building and unusual naluraI or topo~aphic features. 2. A properly completed application and consent to inspect signed by lhe applicanl. If a Ce~ificate of Occupancy is denied, the Building ~spector shall state lhe reasons therefor in writing ~o tl~e applicant C. Fees 1. Ce~ificate of Occupancy - New dwelling $2500, Additions to dwelling $25.00, ~terations to dwelling $25.~, ~wi~ing pool $25.00, Accesso~ building $25.00, Additions to accessory buikling $25.00, Businesses $50.00. ~e~iflcate of Occupancy Oll Pre-existing Building - $100.00 B. Copy of Cmlificate of Occupancy - $.25 4. Updated Ce~ificate nfOccupancy ~ $50.00 5. Temporao' Ce~ifica e of Occupancy - Residential $15.00, Commercial $I 5.t)0/ New Construction: ~ Old or Pre-existing Building: /' (check one) House No. Stree~ Hamlet Owner of Owners of Property: Suffolk Cot nty Tax Map No 1000, Section Subdivision Pen'nit No. ltealth Dept. Approval: Date of Pern~dt ........ Undem, riters Apl> 'ov~: Block ___ ~, ....... Lol Filed Map _.. Lol: _ Applicank_~__ Planning Board Approxal: Request for: Temporary Ccrtillcalc Fee Submiltcd: $ ____~O"~ ~ _ l:inal Cerdficalc _ _ (check one) Ap o qt:: natu e CONSENT TO INSPECTION Owner(s) Name(s) , the undersigned, do(es) hereby state: That the undersigned (is) (~e) the owner(s) of the premises in the Tov/n of Southold, loeatedat ..~oq-]O /O~z~r~JO I~-~ I~[~r~(: ~-~_~ which is shown and designated on the SuffoLk gou~ Fax Map as Diih-ict 1000, Section / ~(, Block ~ , Lot <t~ . That the undersigned (has) (have) filed, or cause to be filed, an application in the Soutllold Town Building Inspector's Office for the following: That the undersigned do(es) hereby give consent to ihe Building Inspectors of the Town of Southold to enter upon the above described property, including any and all buildings located thereon, to conduct such inspections as they may deem necessary with respect to the aforesaid application, including inspections to determine that said premises comply with all of the laws, ordinances, roles and regulations of the Town of Southold. The undersigned, in consenting to such inspections, do(es) so with the knowledge and understanding that any information obtained in the conduct of such inspections may be used in subsequent prosecutions for violations of the laws, ordinances, roles or regulations of the Town of Southold. Dated: (Print NtiS)- (Signature) (Print Name) ~o./~,_ ~_~ ToW~ OF SOUTHOLD PR~)ERTY RE4:ORD CAI WNER STREET ..~ ~'70 VILLAGE DIST. ~OF ~/'0 S~S. ~ FA~ , COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS ~olg~- L I Oqoo p AGE BUILDING CON~ITION IJ~/q~- ~ NOeL BELOW ABOVE ~ Acre Volue Per Volue ~re I~bl~ 1 I~bl~ 2 I~ble 3 ~land 3mpland FRO~AGE ON WA~R ~shlo~ FRONTAGE ON ROAD BULKH~D ~ - COLOR TRIM .~nsion / ,5-- .~nsion ension .,ezeway 'age tio B. Walls Fire Place Roof ~,ec reation Room Bath :Joors nterior Finish Heat Rooms 1st Floor 2nd Floor M. Bldg. Extension Extension Extension 3osemen~ Ext. Walls type Roof ',ecreation Room OF PROPERTY UA?ED AT AUREL DF SOUTHOLD )UNTY, NEW ~ORK . 1000-128-06-08 Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 April 7, 2010 BY HAND DELIVERY (631) 734-5800 Ms. Leslie Kanes Weisman, Chairperson Southold Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA ~1~2~ Ryan & Jennifer Stork RECEIVED APR 7 2018 BOARD OF APPEALS Dear Ms. Weisman: Thank you for your letter of this date in response to my request to address the Board further on this matter. It was my understanding that the purpose of the Public Hearing was give the public a chance to be heard and to offer comments to the Board on the project as described in the Notice to Adjacent Property Owners, which project remains unchanged at this point. I was unaware that the closing of the Public Hearing precluded further discussion between the applicant and the Board. Be that as it may, please consider this a formal written request to the Board to re-open the Public Hearing, and/or to take whatever action is necessary under the Town Code and NYS Town Law to permit the Board to accept further comments fi.om the applicant or from me in support of the application. The reasons for this request are that we feel it would be of assistance to the Board in arriving at an equitable finding. In my reporting to my clients and to their architect both the words of the Board and my sense of the Board's inclinations, both my clients and their architect expressed concern about the impact of the possible alternates, either singly or in combination, upon the overall success of the costly and carefully planned project. We felt that it was important that the Board be aware, in detail, of those concerns. In addition, we feel that it would be important for the Board to be reminded of the concessions agreed to and the full cooperation of my clients in the dealings with the Board on the earlier application concerning the construction of a new house on this property. We appreciate, as always, your careful consideration of this request. cc: Mr. & Mrs. Stork a subsidiary of THE PECONIC EASTERN CORPORATION Proper- T Permi~ Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 April 6, 2010 (631) 734-5800 BY FACSIMILE AND U.S. MAIL Ms. Leslie Kanes Weisman, Chairperson Southold Zoning Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: ZBA #67~; Ryan & Jennifer Stork Dear Ms. Weisman: RECEIVED APR 7 2010 BOARD OF APPEALS I have discussed this project with the owners and with their architect, and I have reported to them on the March 25, 2010, public hearing. I would like the opportunity to address the Board further on this matter, perhaps at the April 8th special meeting, before any action is taken on the application by the Board. We feel that it would be important for the Board to hear the owners' and the architects' thoughts on the possible alternatives mentioned by the Board during the public heating. cc: Mr. & Mrs. Stork Sincerely, a subsidiary of THE PECONIC EASTERN CORPORATION 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) '/65-1809 Fax (631) 765-9064 April 7, 2010 Proper-T Permit Service James E. Fitzgerald, Jr. P.O. Box 617 Cutchogue, NY 11935-0617 RE: Stork, ZBA#6358 Dear Mr. Fitzgerald: We are in receipt of your letter dated April 6, 2010. At this time, the Board has this matter on the agenda for deliberations at the Special Meeting April 8, 2010. As you know, the Board does not entertain testimony or additional information at the Special Meeting or after the Public Hearing is closed. However, you can submit a formal written request to re-open the Public Hearing. In this request you should generally state the reasons for the Board to consider re-opening the hearing, which must be approved by a unanimous decision of the Board. The next meeting when all Members will be present is scheduled for April 22, 2010. At that time, the Board can consider your request to re-open this hearing and schedule the re- hearing for a future date. Please inform this department in writing, of your intentions with pertinent reasons, by the end of the business day today. Si el Chairperson Vicki Toth Board Assistant Cc: Jennifer Andaloro, Asst. Town Atty. Proper-T Permit Services P.O. Box 617, CutchogueNY 11935 Phone: 631-734-5800 jefitzge@suffolk.lib, ny. us Fax: 631-734-7463 MEMORANDUM TO: Vicki Toth - ZBA Office FROM: Jim Fitzgerald SUBJECT: ~6358; Ryan and Jennifer Stork DATE: March 22, 2010 RECEIVED MAR ~ BOARD OF APPEALS As you requested, attached are eight copies of the floor plans (Garage Floor Plans, March 22, 2010) for the garage which provide all the exact dimensions. If you need anything else, please call. Office Location: Towh Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel./631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED BOARD OF APPEALS I~INDINGS, DELIBERATIONS, AND DETERMINATION MEETING DATE: MARCH 5, 2009 ZBA File ~6187 and File #6232 -Ryan Stork and Jennifer Stork, Applicants Location of Property: 3270 Peconic Bay Boulevard, Laurel adjacent to Great Peconic Bay CTM 1000-128-6-8 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 24, 2008 and November 14, 2008, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's lot is non-conforming at 21,974 sq. ft. in an R-40 District. Parcel is long and quite narrow in shape indicating +/- 58 feet along Peconic Bay to the south and +/-58 feet along Peconic Bay Boulevard to the north, and +/- 525 feet along the westerly side of this property. BASIS OF APPLICATION: Request for Variances (as amended) under Sections 280- 12, 280-116 and 280-124, based on the, Building Inspector's May 15, 2008 Notice of Disapproval, and subsequent September 19, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (after demolishing the existing 1-1/2 story single-family dwelling) and concerning the proposed relocation with possible reconstruction-of an existing nonconforming garage with nonconforming sleeping area and a full~bathroon~ The new construction is not permitted for the following reasons: (1) th~ new dwelling and the new accessory building will both be less than 15 feet on a single side yard and total side yards less than 35 feet; (2) the accessory garage building construction will contain a non-permitted code use and is deemed by the Building Inspector to be a second dwelling; (3) the accessory garage building will be less than 15 feet on a single side yard and less than 35 feet for total side yard setbacks combined. Page 2 of 5 - March~5, 2009 ZBA # 61087 and # 6232 - R~ and J. Stork CTM" 138~6-8 Findings of Fact The Zoning Board of Appeals held public hearings on this application on August 21, 2008, September 25, 2008, December 4, 2008 and February 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: Relief Requested: The applicant proposes first to demolish the existing 1-1/2 story, 1224 square, foot dwelling. The relief requested by applicant in the original submission, site map dated 7/3/08 prepared by Stanley J. Isaksen, L.S. indicates a proposed 28.4 ~. by 70 ft. single-family dwelling with setbacks at 52 feet from the bulkhead and 35 feet from the existing retaining wall, proposed 5.3 feet and 4.2 feet for side yard setbacks, instead of the code required setbacks of 75 feet, 15 feet and 20 feet respectively. There was no variance requested with the original filing concerning the existing detached garage building. Amended Request: The accessory guest cottage constitutes a second dwelling, which is not permitted. In the case of the waterfront parcel, the accessory structures are permitted in front yard in a conforming front yard area with a single side yard of 15 feet. On October 6, 2008 the applicant submitted an amended application. During the 2/19/09 hearing, the agent for the applicant replaced the above-referenced original plan with a new proposal for: 1) a proposed (new) two-story 32' by 70' single-family dwelling changing the setback to the bulkhead to meet the code-required 75 ft. minimum, and proposing the same side yard reductions; and 2) a proposed (new) 920 square foot detached guest cottage building, of which 660 square feet would be for use as a bedroom, sunroom, full bathroom, and the remaining 260 square feet for a one-car garage. The garage is a code-permitted accessory use for storage and parking of vehicles, however the new building with proposed habitable space (guest cottage) is not code-permitted in a detached building separate from the main home. Additional Information: During the hearing, the Board received information from the applicant's agent as to why it is his opinion that an area variance may be granted for the nonconforming use in a new building. During the February 19, 2009 hearing, discussions were also held as to why a Certificate of Occupancy or Preexisting Certificate of Occupancy of record would not be able to extend to a new building, whenl the original building which predated codes was demolished, and alternatives to consider to meet the current Codes. The Board acknowledges that the existing accessory guest cottage predates today's codes, and a new building is required to meet current codes (building permit and new certificate 9f occupancy). Page 3 of 5 - March 5, 2009 ZBA # 61087 and # 6232 - R. and J. Stork CTM' 138~-8 BOARD OF APPEALS L~P D~~T[O~: On ~ugust 20, 2008 a letter was sub~tted ~om the Town L~ COot~t~a~ot to the Southo~d Code ~d ~ Wa~nt ~t~l~ati0n ~ ~) s~d~S, when p~p0smg a new dwelling 42.8 feet or closer from the bulkhead along Peconic Bay. It was also states that the applicant bring the plan to meet an~or further Policy 6.3 of Chapter 268 of the Town Code, to the ~eatest extend practicable and ~ni~ze the potential of future Structural loss. It was reco~ended that the action include placement of a non-turf buffer landward of the northern bulkhead to further protect the integrity of Peconic Bay, and installation of ~tters, leaders and drywells within the side yards or landward of the structure. On October 6, 2008 the applicant's agent filed an amended .application, chan~ng the location of the proposed new dwelling at a ~nimum of 75 feet from the bulkhead. This revised location would ~rther Policy 6.3 of Chapter 268 of the Town Code, and will meet the ~nimum setback requirements between the new construction and the bulkhead adjacent to the Shoreline of Peconic Bay. 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. In viewing the neighborhood, it was noted that this lot and other nearby lots along Peconic Bay Boulevard appear to be mapped with narrower frontages at the street and at the bay, creating less than what actually appears at the center width of the lots. The applicant has applied for an area variance to create a nonconforming use in a new detached garage building, instead of adding the +/- 660 square foot of area for a bedroom, sunroof and bathroom to the new dwelling. Two existing buildings are being demolished, which would allow many alternatives for applicant to pursue. The Board info~med the applicant's agent that when the existing accessory building with garage and sleeping quarters is removed, the pre-existing Certificate of Occupancy becgmes moot for that predated building and its nonconforming use, although the setbacks of a new building could be accepted since it would not cause an adverse effect or detriment to the neighborhood. 2. Town Law .~267-b(3)(b)t2L The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant may attach the garage to the proposed new dwelling, ~nd this would create one home with attached garage and would allow for additional bedroorns above the garage, sunroom, bathroom. Also, a detached accessory building with a conforming garage area (without a bedroom, sunroom, full bathroom) may be allowed as a permitted use without a variance. Page 4 of 5 - March 5, 2009 ZBA.# 61087 and # 6232 - R. and J. Stork CTM~"138_6_8 3. Town Law .~267-b(3)(b~(3). BOARD OF APPEALS A) The amount of relief requested is substantial at 100% variance with respect to the Proposed new guest cottage use in a detached building for 260 square foot garage floor space and 660 square foot floor space for a bedroom, sunroom and full bath- room (guest cottage) is not permitted. B) The amount of relief requested is not substantial with regard to setbacks, as the lot is very narrow, and the same side yards setbacks requested with the amended plan for the new dwelling can also be utilized for a new garage attached to the (new) dwelling. 4. Town Law §267-b(3)(b)(5). The difficulties are serf-created. Sleeping quarters or livable area in a new accessory building Would create a new nonconformity as a non-permitted code use, and is permitted only when meeting Use Variance standards of New York Town Law. An alternative is available to attach this type of construction to the principal dwelling as per Code, and building a new garage to meet codes. Also a new garage is permitted without a variance, when its use is conforming without the sleeping or livable space, either as a detached structure or attached to the owner's dwelling (as per Code). 5. Town Law .~267-b(3)(b}(4). No evidence has been submitted to suggest that a variance (alternative relief) in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New york Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Oliva and Member Weisman, and duly carried, to DENY: the original request for setbacks at less than 75 feet from the bulkhead for the new dwelling; and to GRANT alternative relief for a proposed new · dwelling based upon the setbacks indicated on the revised elevation drawing prepared by ~peter Tokar, AIA (Drawing No. I dated 10/23/07~ submitted 02/19109) and site plan~ prepared By Peter Tokas, A.I.A. 9115108, date-stamped by ZBA Office on October 6, 2008; and to DENY: the p~oposed use of the accessory building as a guest cottage as applied for, without prejudice to filing of a new apPlication to build a garage with reduced side yard setbacks. 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 4 Page 5 of 5 - March 5, 2009 ZBA~# 61087 and # 6232 - R. and J. Stork authorize or condone any current or future use, setback or other feature of the suoje~ S 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: Aye.s: Me~Y~hr~ (Ch~rman), Oliva, Simon, and ~-~eisn~n~ ~Ie--~-~er Schne~ab~sta~ ~/~n was d.ly adopted (4~). ~E~D P~GOE~IN~ER~IR~N 3//~ /2009 ~p~ved as Applied / i~'own of Southold P.O Box 1179 Southold, NY 11971 Date: 12/07/09 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 62030 Reference Subtotal 6358 $400.00 Check#: 241 Total Paid: $400.00 Name: Clerk ID: Stork, Ryan & Jennifer 3270 Peconic Bay Blvd Laurel, NY 11948 CAROLH Internal ID: 6358 Oown of Southold P.O Box 1179 Southold, NY 11971 Date: 12/07/09 * * * RECEIPT * * * Receipt~: 62031 Transaction(s): 1 1 Application Fees Reference Subtotal 6358A $200.00 Check#: 2110 Total Paid: $200,00 Name: Clerk ID: Peconic, Eastern Corp. P O Box 617 Cutchogue, NY 11935 CAROLH Internal ID: 6358A ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 7, 2009 Zoning Appeal No. 6358 Transmitted herewith is Zoning Appeals No. 6358 of Proper-T- Permits for Ryan & Jennifer Stork- the Application to the Sonthold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Authorization Letter from Ryan Stork to James E. Fitzgerald to Represent them in this Matter, Cover Letter from Proper-T Permits Services Dated November 23, 2009, Letter from Proper-T Permit Services Dated November 27, 2009, Notice of Disapproval from Building Department Dated October 26, 2009, Copy of Floor Plans Prepared by Peter E. Tokar, Copy of Property Record Card, Copy of Vicinity Map, Copy of Tax Map, 1 Page of Photos, Site Map Showing Photo View Angles, 5 Page Findings & Determination from the Board of Appeals Dated March 5, 2009, Copy of Survey Showing Proposed Construction Dated September 8, 2009 Prepared by Stanley J. Isaksen, Jr. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 25, 2010 PUBLIC HEARING NOTICE I$ 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: tt:00 A.M. RYAN & JENNIFER STORK#6358. Request for variance from Code Section 280-15 (B), based on an application for building permit and the Building Inspector's October 26, 2009 Notice of Disapproval concerning proposed demolition of existing accessory garage and construction of a new accessory two car garage,(proposed height over 20 feet) at less than the code required side yards setback of 20 feet, at 3270 Great Peconic Bay Blvd.,(adjacent to Great Peconic Bay) Laurel, NY. CTM#: t28-6-8. 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.ny.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 #9674 "~ STATE OF NEW YORk) ) SS: COUN~ OF SUFFOLK) Karen Kine of Ma~ituck, in said count, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Ma~ituck, in the Town of Southold, Coun~ of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regutaHy published in said Newspaper once each week for ~ week(s), successively, commencing on the 11~ dayof March, 2010. ~ ~ ~r~neipal ¢lork Sworn to before me this ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of RYAN and JENNIFER STORK Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-12844 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cntchogue, New York 1'1935, being duly sworn, depose and say: That on the 4t~ day of March, 2010,, I personally mailed at the United States Post Office in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, true copies of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: March 5, 2010 Sworn to before me this 5th day of March, 2010. Notary Public ~._: BONr, l~£ J. DO~O~I I%tary Public, State Of N~Yo~ No. 01DOG095328, Suffolk CounW Term Expires July 7, 20 ~ ~ TO: Date: Adjacent Property Owners (Names and addresses are listed on the attached sheet.) ~ch 3, 2010 ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Ryan and Jennifer Stork~ SCTM #1000-128-6-8 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submittext to the Zoning Board of Appeals for a variance to allow: Demolish existing garage/guest house; consm~ct new garage with second-story playroom/storage area and half-bath, approximately 22' x 37' overall, in new location landward of new house. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: [ 3270 Peconic Bay Boulevard, Laurel, New York 11948 [ A public hearing will be held at Town Hall at or about 11:00AM on Thursday, March 25, 2010, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Ryan and Jennifer Stork 79 Laight Street, Apt 6E New York, NY 10013 646-964-4881 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. March 3, 2010 RYAN STORK: ADJACENT PROPERTY OWNERS NOTICE NOT SENT {PROPERTY OWNER) 1000-128-6-8 Ryan and Jennifer Stork 866 Peconic Bay Boulevard Jamesport, New York 11947 NOTICE SENT 1000-128-6-7 Carll Austin Post Office Box 1 Laurel, New York 11948 1000-128-6-9.1 Ludivoica Romanelli 1 Azalea Court Farmingdale, New York 11735 1000-128-6-9.2 Ludivoica Romanelli 1 Azalea Court Farmingdale, New York 11735 1000-127-3-12 Half Hollow Nursery Realty Corp. 624 Deer Park Avenue Dix Hills, New York 11746 'Office Location: Town Annex/First Floor, Capital One B',mk 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 http://southoldtown.norlhfork.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: 11:00 A.M. RYAN & JENNIFER STORK~6358. Request for variance from Code Section 280-15 (B), based on an application for building permit and the Building Inspector's October 26, 2009 Notice of Disapproval concerning proposed demolition of existing accessory garage and construction of a new accessory two car garage,(proposed height over 20 feet) at less than the code required side yards setback of 20 feet, at 3270 Great Peconic Bay Blvd.,(adjacent to Great Peconic Bay) Laurel, NY. CTM#: 128-6-8. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town.Southold.ny.us. Dated: February22,2010 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 SELLS OUTH 6' DIA.' iL BY 5' DEEP. PROPOSED GARAGE ROOMS AND 1/2 BATH ON SECOND LEVEL L~NE 2-RAIL FENCE (pRoP) -06-008 I PROPOSED SANITA,q SYSTEM TEST HOLE END FENCE PROPOSED DRYWEI.LS AT HOUSE CORNERS, 6' DIA. BY 6' DEEP. EL 18 ~0 (PROP) © '-~ OUTDOOR SHOWER OF OTHERS 0 ~ 2ND LEVEL COVERED PATIO (PAVERS) WALL OF ADJACENT RESIDENCE NOTE: BLDG DRIP LINE OVER LINE 0.3' U~Lmr POLES (2) NORTHERLy POLE ON PROPER'/~ LINE, POLE EAS~ BUT ON LING NOTE: BLDG DRIP LIN ON PROP. L/NE (PROP) LINE BETWEEN BUILDINGS EAST AND WEST OF PROPOSED RESIDENCE TIMBER RETAINING WALL EL APPARENT HIGH WATER LINE FACE OF BULKHEAD 31'20'39"W 22.17' 54' 17'22 "W 10.21' ~.~) · ~C'~TM R~CEZVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK ROARD OF APPEALs In the Matter of the Application of RYAN and JENNIFER STORK Regarding Posting of Sign upon Applicant's Land Identified as SCTM #1000-128-6-8; 3270 Peconie Bay Boulevard COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 15' day of March, 2010, I personally placed the Town's official Poster, with the date of hearing and the nature of the application noted thereon, securely upon the applicant's property, located ten (10) 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 remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, March 25, 2010. Dated: March 25, 2010 Sworn to before me this 25th day of March, 2010. Notary Public L}NDA J COOPER NOTARY PUBLIC, State of New York NO. 01C04822563, Suffolk County Term Expires December 31, 20/~ Cedified Fee Return Receipt Fse (Endorsement Required) ~5,54 fse,t ro Ludivoica Romanel li ~r PO Box No. ~ Az~[lea Collrt ~:-~:~' ~'~-'~'~'~[~'TF' '~'?'-'I' T? 3"~' .................. Certified Fee $ S0.~ $2.80 $2.30 $0.~ Totat Postage & Fees $ $5 ' 5~'1 Return Receipt Fee (Endomern~nt Required) $2.~0 (Endorsement Requireci) ~0,00 Tote]Postage&Fees $ ~.~1~ Carll Austin m rtJ c3 c] Retum Receipt Fee (Endorsement Required) Restricted Deli~e~ Fee C] (Endomement Required) Total P~tage & Fees ~_ or PO Box No. Ludivoica Romanelli · Complete ~ 1,, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print 3/our. name and address on the mveree 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. [] Ag~t C D~e of Delivery D. Is dalivery address d~t ~ ~ 1 ? ~ Yes If YES, enter delive~ add~ ~w: D No Ludivoica Romanelli 1 Azalea Court ~armingdale NY 11735 2. A~icle Number i Semite Type ~[ Certlfiecl Mail [] E~press Mall [] Registered .. F'I Return Receipt for Memhandlae [] Insured Mall r-I C.O.D. Restdctad Delivery? (Extra Fee) [] Yes 7008 1300 0001 7023 9618 ~ * PS Form 3811, February 2004 · Complete ifen~s 1~ 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print you[ 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. Article Addressed to: Ludivoica Romanelli I Azalea Court Farmingdale NY 11735 D. Isdelive~addmssdiffemr item1? ~ Yes If YES, enter delivery address below: [] No ~ Certified Mall [] Ex~r~ ~1 [] Registered 0 Re~ Receipt for Merchandise 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from service 7008 1300 000t 7023 9625 PS Form 3811, February 2004 Domestic Return Receipt ' · Complete iter~s 1~ 2,"and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that w~ can return the card to you. · Attach this card to the back of the mailp~is~e, or on the front if space permits. 1. Article Addressed to: Half Hollow Nursery Realty Cord 624 Deer Park Ave Dix Hills, NY 11746 A. Slgnstum ~ c~;~o 3. Service Type ~{~Certlfied Mall [] Express Mall Registered [] Rstum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Ex/m Fee) [] Yes 7008 1300 0001 7023 9649 PS Form 3811, February 2004 Dome~ic Return Receipt 102595-024~-1540 Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzge~suffolk.lib, ny. us Fax: 631-734-7463 MEMORANDUM TO: FROM: SUBJECT: Elizabeth - ZBA Office Jim Fitzgerald" 86358; Ryan and Jennifer Stork Attached are the four return receipts. DATE: 3/15/10 BOARDOFAPPEALs 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: htto://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 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranRements were made in either a written statement, or durin.q the hearin.q, providin,q 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 Mailin.q (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 PostinR 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: STORK, R. & J. # 6358 MAP #: 1000-128-6-8 VARIANCE: SETBACKS REQUEST: DEMO/CONSTR ACCESS. GARAGE DATE: THURS. MARCH 25, 2010 11 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 4, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6358 Stork, Ryan & Jennifer Dear Mark: We have received an application for demolition and construction of new two car accessory garage on non-conforming waterfront lot. 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'gvaluation 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. Very truly yours, Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youhgs 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 11,2009 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 # 6358 Owner/Applicant: Stork, Ryan & Jennifer Action Requested.' Proposed demolition and construction, new two car accessory garage, side yard setbacks. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. "(X) 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. Gerard~oehringer _ ,~ ZBA( il an, / r // 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 April 14, 2010 James E. Fitzgerald, Jr. P.O. Box 617 Cutchogue, NY 11935 Re: ZBA # 6358, Stork Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's April 8, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Sincerely, Vicki Toth Encl.