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HomeMy WebLinkAbout6368 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~ MEETING OF MAY 6, 2010 So'hold ~'o~ ZBA FILE #6368 NAME OF APPLICANT: Bryan R. and Holly A. Weingart PROPERTY LOCATION: 1445 East Giltette Drive, (Cedar Lane) East Marion, NY SCTM# 1000-38-4-22 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 March 2, 2010 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 parcel is a 10,000 sq. ft. non-conforming lot in the R-40 zone, it has two front yards and is improved with a one-story single family dwelling. It has 100 feet on East Gillette Drive, 100 feet on the north property line, 100 feet along Cedar Lane and 100 feet on the south property line. BASIS OF APPLICATION: Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's May 28, 2009, Updated January 12, 2010, Notice of Disapproval concerning proposed demolition and construction of a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) more than code required maximum lot coverage of 20%. RELIEF REQUESTED: The applicant proposes to demolish the existing home and construct a new modular home on a new foundation. The code requires a 35 foot setback from the front yard and a maximum of 20% lot coverage, the applicant is requesting a 25.5 foot front yard setback from Cedar Lane and 21% lot coverage. ADDITIONAL INFORMATION: The applicants existing dwelling is presently in disrepair with a leaking roof which has caused a mold infestation in portions of the existing dwelling restricting the use of these portions of the dwelling due to potential health concerns. The applicant proposes to completely demolish and remove the existing dwelling and its foundation system to insure the elimination of this health hazard. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 22, 2010 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Page 2- May 6, 2010 ZBA File#6368 - B~yan R. and Holly A. W¢ingart CTM: 1000-38-4-22 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: 1. Town Law ~267-b(3){b)('l). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of lot sizes equal to and similar to the applicants, with dwellings having similar setbacks and characteristics to what the applicant proposes. 2. Town Law §267-b(3){b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant's pamel is relatively small which makes it difficult to locate the proposed new two story modular home with a front porch, small rear deck, attached garage and new septic system without the granting of variances. It has two front yards and the depth is 100 feet thereby making it almost impossible to meet the required front yard setback and be able to have a new home that would provide modest interior space. 3. Town Law §267-b(3){b){3). The variance requested herein for the second front yard setback is mathematically substantial requiring a 27% variance or 9.5 feet from the code required 35 feet, however this request is not substantial when compared to existing setbacks of adjacent property owners and others in the neighborhood. The applicant does not have access to their property from Cedar Lane. The variance requested herein for an increase in lot coverage is not mathematically substantial requiring only a 1% variance or 74 square feet from the code required 20% lot coverage or 2000 square feet. 4. Town Law §267-b{3){b){4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are no proposed grade changes due to this proposed construction. 5. Town Law ~267-b(3)(b)(5). The difficulty has been self-created. The applicant was aware of the non-conformities of the property at the time of purchase, however, the proposed new construction will essentially maintain the pre-existing non-conforming setbacks, including the proposed new foundation, which because of the predetermined size of the modular house must be slightly enlarged from that of the original foundation thereby causing the slight increase in lot coverage and the front yard setback from Cedar Lane. The small size and dimensions of the parcel are requiring the requested variances for a proposed modest size dwelling with an attached garage. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a proposed new two story modular home with a front porch, small rear deck, attached garage and new foundation 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 Geohringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Survey prepared by Martin D. Hands, L.S., last revision dated 112012010 and on the Architectural drawings Sheets 1, 2 and 3 prepared by Stephen Rossetti, R.A. dated 11/25/08. Any deviation from the survey or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3- May 6, 2010 ZBA Fi1¢#6368 - Bryan R. and Holly A. W¢ingar~ CTM: 1000-38-4-22 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Geohringer, Dinizio. Absent was: Members Schneider, Horning. This Resolution was duly adopted (3-0). Leslie Kanes Weisman, Chairperson Approved for filing ~ / /! /2010 ~,~AY~ 1 4 2010 Southold 1'own Cleri FORM NO. 3 TOWN OF SOUTItOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAl. TO: DATE: May 28, 2009 Updated: Jan. 12, 2010 Bryan Weingart 1445 E. Gillette E. Marion, NY 11958 Please take notice that your application dated January 12, 2010 For a permit for Demolition & construction ora single family dwelling at Location of property: 1445 E. Gillette Drive, E. Marion, NY County Tax Map No. 1000 - Section 38 Block 4 Lot 22 Is returned herewith and disapproved on thc following grounds: The demolition & construction of a single fanfily dwelling on a non-conforming 10,000 sq. ft. parcel, with two front yards, is not permitted pursuant to Article XXIlI Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum rear yard setback of 35 feet. The proposed survey, iodicatcs a front yard setback (from Cedar Lane) of 25.5'. Also, the maximum lot coverage is 20%. The foundation plan indicates a lot coverage of21%. Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY I=XFGUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections Al4-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Faga, Kevin & Jeanine Wcingart, Bryan R. & Holly A. Unexcelled LLC Anetlo, Robert & Beth Southold Holding LLC Meskouris, Chris Hildebrand (Christa) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) 6367 6368 6369 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~0099 TELECOPIER (631) 853~4044 SURflEY OF LOT 78 MAP OF MARION MANOR SITUATE A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.T.M. DIST. 1000 SEC. 38 BLK. 04 LOT 22 40 20 0 40 80 120 SCALE: 1" = 40' DATE: SEPTEMBER 30,2008 LOT AREA: 10, 000 SQ. FT =0.230 ACRE ELEVATIONS AS SHOWN ARE REFERENCED TO APPROX. MSL DATUM AND ARE THE RESULT OF ACTUAL FIELD MEASUREMENTS. NO SURFACE WA TER APPARENT WITHIN 300' ALLOWABLE LOT COVERAGE: 2,000 SO. FT. = 20 % PROPOSED LOT COVERAGE: 2,074 SO. FT. = 20.74 % SANITARY COMPONENT LOCATIONS AND WELL LOCATION ARE AS SHOWN ON SURVEY BY OTTO VAN TUYL, LAND SURVEYORS GREENPORT, N. Y. AMENDED AUG. 28,1973 EXISTING DWELLING TO BE DEMOLISHED EXISTING SANITARY SYSTEM TO BE ABANDONED ,PUMPED CLEAN AND REMOVED. BULKHEAD L OCA TION AS SCALED FROM AERIEL PHOTOGRAPHS FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ,,~ I LF I, TEST HOLE DA TA DARK BROWN LOAM (OL) -1.0' BROWN SANDY CLAY (CL) -4.0' PALE BROWN FINE TO WATER IN PALE BROWN FINE TO TEST HOLE BORING BY HANDS ON SURVEYING SEPT~ 30,2008 ~ )ERTIFIED TO: BRYAN WEINGERT JOB NO. 2008-185 MAP NO. 2038 FILED: MARCH 18, 1935 REVISIONS: I It /~'"' PREP. FOR SCDHS PERMIT 12_./23/08 I I ~ : ADD ADJ. WELLS AND SANITARY1/19/O~ ,~l~ j / REV. PROP DWELL 1/30/09 I~r~J ~.,, ~'7'"~ U-- REV. HOUSE LOCATION 2/20/09 ~ ~ -c-., ~. REV. PER S.C.D.H.S. COMMENTS 4/13/{~ ! I LABEL FISH POND ,5/5/09 160 ADD PROP. LOT COV. 7/22/09 ADD REAR DECK AND REV. LOT COVERAGE1~20~2010 LICENSE NO. 050363 26 SILVER BROOK DRIVE FLANDERS, NEW YORK 11901 '~"~ TEL: (631)-369-8312 - FAX.:(631)-369-8313 MARTIN D. HAND L.S Cross Section Proposed Sanitary System 71 REVIEWED BY ZBA ISEE OECISlON # ~5~$ IDATED__~_5 1 t~ / ~,o ~OATED I , , I ILJ- 3 'Lo"- 0" .4;~' I 5'c4~'4 _7;4' _rs ~ . 4 8 '? 7/.4, t-- L: Z ...... ,.: 'ZZJQ' -1 /REVIEWED BY' ZSA I JAN 2 0 201~ 44; o' ' 'ZoL o~ ¸II t'Z TI FINAL MAP REVIEWED BY ZBA SEE DECISION #' 6~ ~ DATED -S I ~ i[ oo/~ JArl 2 0 £010, APPLICATION TO THE SOUTHOLD TOWN BOARDIOF APPEALS Office Notes: Filed By:. Date Assigned/Assignment No. House No. 1445 Street E. Gillette Dr. Hamlet East Marion SCTM 1000Section 38 Block 4 Lot(s)22 LotSize 10000 Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 1/12/10 BASED ON MAPDATEDFoundation Plan 11/25/08 anal Survey Map dated 5/5/09. Applicant(s)/Owner(s):. Bryan R. & I-folly A. Weinagrt MailingAddress: 1445 E. Gillette Dr., East Marion, NY 11939 Telephone: 631-477-9524 Fax#: Email: Bryanne911@aol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: ×[~9,pplicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 5/5/09 AN APPLICATION DATED 1/12/10 FOR: xx~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ~3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXXIII Section 280- 126 Subsection Type of Appeal. An Appeal is made for: x-~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 [] has, ~has not been made at any time with respect to this property~ UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets m~F be used with preparer's signaturel: AREA VARIANCE REASONS:Ir ~ 6 3 b g (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, beeaase: See attached. (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: See attached. (3) Theamountofreliefrequestedisnotsubstantialbecause: See attached. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~No. [] Yes (olease furnish cot~v). This is the M1NIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE .4 TTACHED USE VARIANCE SHEET: (Please be sure th)consult your attorney.) C-~ Signa(u]'e of Appellant or/Authorized Agent (Agent n~st submit wrinen Aut~rlzation from Owner) Sworn to before me this day of~/{) . Nota~blic EDWARD O GRATHWOHL Notary Public, State of New York No 01GR5075473, Suffolk C~un_~, Commission Expires April 7..~ Name of Owner: Bryan Holly A. Weingart ZB ile # (a3(a ~ We request a variance for demolition of our current residence and construction of a new residence on our existing property at 1445 East Gillette Drive, East Marion, NY 11939. The building Department states the denial of the permit were for the following: (a) Front Yard Set Back (from Cedar Lane) of 25.5' Cedar Lane (a private road) is to the rear of our property and services a private community (Gardiners Bay Estates) and has minimal traffic. The set back is being measured from a proposed 4'x 8' platform that is placed by our rear sliding door to serve as a step between the house and yard. The proposed foundation would have a set back of 29.5'. (b) The allowable lot coverage for a 10000sq' lot is 2000sq'. The proposed lot coverage would be 2074sq'. These changes would not produce an undesirable change to the character of the neighborhood or be a detriment to nearby properties because the new proposed two story modular home will be more in character with the types of homes that have been built in our neighbor over the last 20 years. 2. The benefit could not be achieved because of the size of the property and the current set back requirements. The relief requested is not substantial because the front set back requested off of Cedar Lane (a private road) would be greater than what most of the houses on Cedar Lane have. My front set back from E. Gillette Dr. and my side yards would be within code and in character with the other houses on E. Gillette Dr., however my neighbor at 1545 E. Gillette Dr. did receive a variance for a front and side yard set back within the last few years. The 74sq' overage in lot coverage is not a substantial amount and we would appreciate your consideration in our request. There will not be any adverse effect or impact on the physical or environmental conditions in the neighborhood or district because we are building a single family house in place of a single family house with no changes to grade or any changes that affect the environment. ~ ~ ~ Signa~/~ of Applicant~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Bryan R. Weingart Date Prepared: 7/21/09 I. For Demolition of Existing Building Areas Please describe areas being removed: Complete removal of existing one story single family dwelling wSth garage and existing foundation. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 44' x ~27,5' with a 20' x 24' attached, garage Dimensions ofnew second floor: 44' x 27.5' Dimensions of floor above second level: Height (from finished ground to top of ridge): 30' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Proposing a new foundation and a two story modular home with an attached garage. A 8' x 44' front porch, Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Pementage of coverage of your lot by building area: V. Purpose of Ne~v Construction: Single Family Home VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat and open. 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 Is the subject~premises listed on the real estate market for sale? rl Yes [eqqo A~o ere any proposals to change or alter land contours? [] Yes, please explain on attached sheet. I) Are there areas that contain sand or wetland grasses? ~o 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? t~/o Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ff~' (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? Atto 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? .a~o If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel 5,,,~) [~e ~-~*,,, (~ c~t~ lit ~ ~andproposeduse ~l~ ~,f~ ~tl~ . ~xampl~iT: sinele-fimily; pro~md: same with g~ag6 or ~ol, or o~erZdescfiption.) ~ ho zed Signature ' Date ~ ~ 2/05;1/07 PROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR ~PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor~ t. APPL CA.T S.O.SO. Bryan R. Weingart Munlclgallly TO~TR of Southold cou~,y Suffolk' 1445 East Gillette Dr., East Marion, New York, 11939 Tear down and removal of existing structure and foundation. Build new foundation and a new 2 story mudular home with attached garage. 9. WHAT IS PRESENT la. ND USE IN VICINITY OF PROJECT? ~ Residential [] Inclust rial [] Commemhll [] Agriculture [] Park/Forest/Opan s~ace [] Other A residential community (Marion Manor) consisting of both one and two story single family dwellings. STATE OR LOCAL)? [--]No Ifye$,llstage~lcy(e) lndpemllt/apgrov, ls Town of Southold Building Deptartment Suffolk County Dept. of Health 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY valJo PERMIT OR APPROVAL? [] No if yes, list agefloy name mild permlt/lDprO~ll Town of Southold - Septic System Suffolk County Dept. of Health - Septic Sy 12. AS A RESULT O~; PROPOSED ACTION WILL ID(ISTING PERM[T/APPROVAL REQUIRE MODIFICATION? If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment Appttcant/$~o~ Bryan R. ~Weingart Date: tern OVER PART H--ENVIRONMENTAL ASSESSMENT (To De completed Dy Agency) D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeLISHMENT OF A CEA? ~ Yes [] NO ~:. IS THERE, OR iS THERE LIKELY TO E~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO It Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed Dy Agency) INSTRUCTIONS: For each adverse effect iclentified above, determine whether it is substantial, large, important or otherwise significant. Each effect shoulCi De assessed in connection with lis (a) setting (i.e. u~en or rural}; (b) probability of occurring; (c) duration; (d) irreversibilify; {e} geograpl~ic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail Io show that all relevant adverse impacts have been identified and adequately addressed, if- question D of Par1 I1 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characleristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse im'l:J,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box il you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result iR any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: APPLICANT TRANSACTIONAl. DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To~vn officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Weingart, Bryan R. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) . NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance xxxxxx Special Exception If "Other", name the activity: Change of Zone Approval of PI at Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee o~vns more than 5% of the shares. YES xxx NO Complete the balance of this form and date and sign below where indicated. NameofpersonemployedbytheTownofSouthold: Weingart, Holly A, Weingart, Bryan R Title orpositionofthatperson: Public Safety Dispatcher I, Public Safety Dispatcher II Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial o~vner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or y_v.y.y_v_x D) the actual applicant. DESCRIPTION OF RELATIONSHIP Applicants are married and are currently employed with the Town of Southold. Submitted thi ~l ~yqf ~)t.~ [~ PrintName: V ~.t./~:h,., 0~0~, t,.~,r~J,~,~7'- AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS ~ TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site' plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. I)NameofApplicant: Bryan R. Weingart 2) AddressofApplicant: 1/445 E. G±llette Dr., East Mar±on, NY 11939 3) Name of Land Owner (if other than applicant): Same 4) Address of Land Owner: Same 5) Description of Proposed Project: Tear dox~rn ex±st±rig one story single fam±ly dwell±rig and build a two story single family dwelling. 6) Location of Property (road and tax map number): 1000 38 /4 2 7) Is the parcel within an agricultural district? I--INo [Yes If yes, Agricultural District Number 1000 38 1 8) Is this parcel actively farmed? [-INo []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. Nameand Address 1. Joseph Cherepowich 6500 Route 25, East Marion, NY 11939 2. PO Box 103 East Marion, NY 11939 1.13 (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765~8 or the Z~,g B~ard of Appeals at 765-1809. ~gnature of Applican~ Date Note: I. The local board will solicit comments from the owners of land identified above in order m consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identi fled above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork. net/Southold/ Examined ,20 Approved ,20 Disapproved a/c g[).~'lC/ ~"// Expiration ,20 PERMIT NO. BUILDING PERMI~PLICATION CHECKLIST Do you have or.d the follgwing, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form Trustees Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date 5-- /q- ,2o e INSTRUCTIONS a~ This application MUST be completely filled ia by typewriter or ia ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. e. The work covered by this application may not be conuncoced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No bulldiag shall be occupied or used in whole or In part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months fi'om such date. If no zoning amendments or other regulations affecting the property have been enacted in the Interim, the Building Inspector may authorize, ia writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant m the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for rennoval or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, hotl~g code, and regulations, and to admit authorlzed iaspectors on premises and ia building for necessary iaspections. /C t~?C.d...~t./....~.,:}..,,...~?_~ (Sigllature of applicant ~ n_a~e., ff a corporation) (Mailing address of applicant) State whether applicant is owner, Inssee, agent, architect, engineer, general contractor, electrician, plumber or builder (As on the tax mil Dr l~.test deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Buildem License No. /- O O / ~',~'tt Plumbers License No. .~_ ~ ~ Electricians License No. ~"'2-2 fl - t~' Other Trade'sLicenseNo. '7'~/./~-J~'~.// .,~,]/~ ~.C~L2~,'~_ fl~.,~/.if_.~. 1.HouseL°Cati°n 0f land on which proposed~,vor~ .will,~)e done:./.~,,~,~..Number --"~'S~eet tt"TT'/[ff_,~a. ' ~" t/~~Hamlet County rax Map No. 1000 Section .~)' Block O (pr Lot ~- '2- Subdivision Filed Map No. Lot (Name) State existing use and occu aneof remises and Intended use and O p racy; p ' ccupancy o~ prgp0sed consU'uct on: a. Existing use and occupancy - · / b. Intended use and occupancy t~,~<~o / / 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost¢_~-~ ~ O O O ~' Fee 5. Ifdwelling, numberofdwellingunits ~ If garage, number of cars 2 Addition Alteration Other Work (Description) (To be paid on tiling this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ./') ~' 7. Depth ,.~ / Dimensions of existing structures, if any: Front .~-~ Rear ,~-~J Height ,>~¢~' Number of Stories ~, Dimensions of same structure with alterations or additions: Front ~ ~ Number of Stories Depth Depth Height, 8. Dimensions of entire, new construction: Front ~' ! Height ,~O ~ Number of Stodes 9. Size of lot: Front /~?t~ / Rear /~0t' aOA~l~ OF APPEALs Rear 10. Date of Purchase Name of Former Owner 1 I. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_ ~NO. .Will excess fill be removed from premises? YES V/~ NO 14. Names of Owner of P~rpmis~es~A~ddr2 Name of Architect ~ Addres~Phone No Name ° f C°ntract. tu.~r°r - %:q 'q 7'~29~ L~'A~t'ff, . .. 1,5,a;. l,sZ~s ~P~.Pfi~.rt.y.~w. it~hi_n~l.0.0_ _f~et ° f a ttdal wetland or a freshwater we[i-a~n~l'~"*'Yl~g NO w a ~, ~uv b. Is this property within 300 feet of a tidal wetland? * YES 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 be/ow, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) , (Narr~f individual signing eonfi'act) above named, (s)m is the (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 tree to the best ofhls knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Signature o~ Swom to before me this ~ . ayo Notary Public VICKI TOTH Nora/7 .P. ublic, State of New York no. 01T06190696 Qualified n Sm'fo k County ~ Commlss on Exn res July 28. 20 / 34 ;'7' 34,~ TOWi~ OF $OUTHOLD PROPERTY RECORD CARD OWNER. . ~ STREET //,-jq~_~ VILLAGE DIST. · SUB. LOT· . ~" .. ~- · ~PE OF BUILDING ES. 0 S~S. L ~ ~ ~ FA~ , ;OMM, CB.' MISC. Mkt. Value ~N D I~P. · TOTAL ' DATE R~ARKS FA~ . Acre , Value Per Value Acre wumpland FRONTAGE ON WATER ,rutland FRONTAGE ON ROAD ./0 ~ ~ ~' ~ 7~ 0 louse PI6t DEPTH 'o)al D~K M. Bldg. E~tension Extension Extension Parch Breezeway Garage Total COLOR .TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Driveway 7/7 l Bath Floors Interior Finish Heat Rooms I st Floor Rooms 2nd Floor Dinette DR. BR. FIN.' 8. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 22, 2010 Zoning Appeal No. 6368 Transmitted herewith is Zoning Appeals No. 6368 of Bryan & Holly Weigart - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Application for Building Permit Dated May 19, 2009, Notice of Disapproval from Building Department Dated January 12, 2010, Copy of Property Record Card, 13 Photos of Property Showing Property Markers & All Sides, Copy of Survey Showing Existing & Proposed Construction Dated January 20, 2010 Prepared by hands on Surveying, 1 Pages Blue Print of Plans Showing Elevations Dated July 23, 2009 Prepared by Stephen Rossetti Architect, 4 Pages of Plans Showing Foundation, & Porch Details Dated November 25, 2008 Prepared by Stephen Rossetti Architect. Town of Southold Southo ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sour holdtown.northfor k.net 01/28/2010 Weingart, Bryan R 1445 East Gillette Drive East Marion, NY 11939 Received $ 600.00 for Application Fees, on 01/22/2010. Thank you for stopping by the Town Clerk's office. As always, it is our pleasure to serve you. Neville Clerk Elizabeth A. Southold Town Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 22, 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 t179, Southold, New York 1197t-0959, on TH URSDAY~ APRIL 22~ 2010: 9:30 A.M. BRYAN WEINGART #6368. Request for Variances from Code Section 280- 124, based on an application for building permit and the Building Inspector's May 28, 2009, Updated January 12, 2010, Notice of Disapproval concerning proposed demolition and construction of a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) more than code required maximum lot coverage of 20%, at: 1445 East Gillette Dr. and Cedar La., East Marion, NY. CTM#38-4-22. 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 emaih Vic ki.Toth~.Town. Southold.n¥.us · Dated: March 23, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box tt79 Southold, NY 11971-0959 ~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.north fork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 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 April 15t: 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 ability1 and to confirm how arran.qements 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 April 2nd: 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 April 14th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before April 20, 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. #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RECEIVED BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 15th day of April, 2010. Principal Clerk Sworn to before me this ]~7 dayof ~/~/~/ 2010. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01 ~VO6105050 Qualified in Suffolk County My Commission Expires February 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURgDAY, APRIL 22, 2010 PUBLIC HEARINGS NOTICE LS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179~ Southold, New York 11971-0959, on THURSDAY. A~ril 9'.30 A.M. I~RYAN ~INGART COR]P. ~075. Applicants request a Special Exception under Section 280- 13B(6), pubhc utility, instagation of an emergency generator and request for relief from 280-105B, fence at more than the code required height of 6 ~ feet, at 1866 Central Ave., FiShers Island, NY. CTMg6-8-7&3.2~ 10:.15 A.M. SOUTHOLD HOLD- INC. LLC g~'~. This is a request for a Waiver under Code Article II, Sections 280-10A, 1o unmerge land identified as SC-TM #1000-504-5, based on the Build- ing Inspector's January 26, 2010 Notice of Disapproval citing Zoning Code Sec- tion 280-10A, which states that the non- conforming lots merged until a total lot size conforms to the current bulk sched- ule (mthhnum 40,000 square feet in this R-40 Residential Zone District). This land merged with the adjacent property to the west identified as SCTM #1000- 50-4-4&3, at: 1120 Soundview Ext., Southold, NY. CRM#50-4-5,4,3. 10..30 A.M. KEVIN & .IEANINE FAGA ~6367. Requests for Variances under Sections 280-124 and 280-iI6B, based on the Budding Inspector's Feb- ruary 3, 2010 amended Notice of Disap- proval concerning demolition and re- construction of a single-family dwelling at less than the code-required mihhnum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243) adjacent to Orient Harbor, at 12632 Main Road, East Mari- on; CfM Parcel 1000-31-14-8.2. 10:50 A.M. NICK M1HALIOS #636!, Request for Variances from Code Sec- tion 280-105, based on an application for building permit and the Building Inspec- tor's November 30, 2009, updated March 24, 2010 Notice of DisapprovaI "as Built" fence, (l) more than the code required height of 4 feet in a front yard, (2) more than the code required height of 6 ~ feet in the side and rear yards, ag 1230 The Strand, East Marion, NY. SCTM#1000- 30-2-73. IL'0S A.M.S. SACHMAN & A. OUARDRANI ~ Request for Vari- ances from ZBA Grant # 6040 dated 7/12/07 and ZBA Grant # 6082 dated November 1, 2007, based on an applica- tion for budding permit and thc Building Inspector's December 4, 2009 Notice of Disapproval eonceralng proposed ca- bana and haft bath in accessory garage which is a deviation from prior grants, at 4705 Nassau Point Rd., (adj. Little Pc- conic Bay) Cutchogue, NY. CTM#111- 9-9. 11120 A.M. BRUCE GOLDSMITH #6362. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's October 8, 2009 Notice of Disapproval concerning proposed con- struefion of an accessory two car garage, (1) less than the code required from yard setback of 35 feet, (2) less than the code required side yard setback of 20 feet, at 2550 Hobart Rd., Southold, NY. CTM~o4-3-8. 1:00 PM. LOUIS and LUBA COR- SO #6316. As per 2125/10 Board Resolu- tion re-opening hearing for the purpose of questions related to only the deeds and right of way access (1/21/10 PH was concluded) Location of property: 13451 Oregon Road, Cutcbogue, appealing Building Permit #34590 dated 4/8/09 and Certificate of Occupancy # Z-33674 dat- ed 4/27/09 concerning an as-built agricnl- rural hoop house for storage on property owned by TIMOTHY AND JEANNE STEELE at 13795 Oregon Road, Cu- NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: WEINGART, BRYAN # 6368 MAP #: 1000-38-4-22 VARIANCE: LOT COY. & SETBACK REQUEST: DEMO & CONSTRUCTION DATE: THURS, APRIL 22, 2010 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal busIness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEVV YORK In the Matter of the Application of (Name of Applicants) CTM Parcel #1000- ~ ~' - ~/ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NE-W YORK) ~--~ ~q~f/'fat~ , New York, being duly sworn, depose and say that:' , On the ~ ~- day of /~,~ ,20~10, I personally mailed at the United Stales. 'Post. . Office in f'-~"/~,'~,~,-~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the' attached Legal Notice in prepaid, envelopes addressed to current owners shown.on_~th, e current asseSsment.mil'verified fi.bm the official records on file with the (4~) Asse{sors 'or (') County Real Property Office for every .prop rty which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding the appliCa, l~ property. . ' : .u (Si natu ) ' . Sworn to before me this - ~)zt'Ld,,ay of ~ ,20~O Notary Public, State o! New York No. 01M[6003086 ~ '(Notary Pub!i~ Quatifled i~ Suffolk County ,-~ - .,Z Commission Expire~ February 23...~..~"/' PLEASE list, on the back of this Affidavit or on.a. sheet of paper, the I(~t numbers next to the owner names and addresses for 'which notices were mailed. Thank you. . ~/'b~,,' W"~l~am Bertodntfi /~ ~,hllet~ Dr. 38-3-25 Mr.& Mrs. James Mcnaney 1640 E. Gillette Dr. East Marion, NY 11939 38-3-24.1 Mr. &Mrs. Jolm Campbell 1545 E. Gillette Dr. East Marion, NY 11939 38-4-23 Joseph A. Cherepowich PO Box 103 East Marion, NY 11939 38-1-1.13 Mr. & Mrs. Kenneth Stein 5 Woods Witch Ln. Chappaqua, NY 10514-1223 37-4-12.1 Santa A. Sgarlato I Irving Pl. Apt P9D New York, NY 10003-9735 38-4-21 ~.J ae~~lAL USE I Certil!ed Fee $2. ~0 m {Endomement Required) (Endomement Required) 13' -'~ Total Postage & Fee~ $ ~ ~_,~.,~?.~:.c....~.~...~....~ ............ ..................................................................... t ~.l ~F~¥h~t A L U S E ~ Postage $0,44 m Certlffed Fee ~ $2.30 Hem r-~ Total Postage & Fee~ $ C/O Mr. & Mrs. Kenneth Stein Stein Family Residence Trust 5 Woods Witch Ln. Chappaqua, NY 10514-1223 37-4-10 $5.5~ $0.44 $2.B0 $2.30 $0.00 $ $5.54 O939 03/26/2010 / g Certified Fee I:~ Return Receipt Fee r--I (Endorsement Required) Reetdcted Delivery Fee [23 (Endorsement Required) rtl $0.~ 0939 $2.80 S0.® $5.54 $2.80 $2,30 09~9 0312612010 · Complete itsms 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maitpisca, or on the front if space permits. 1. /~ticle Addressed to: , address different ~m Item 17 If YES, enter dalive~y address below: Stein Family Residence Trust C/O Mr. & Mrs. Kenneth Stein 5 Woods Witch Ln. Chappaqua, NY 10514-1223 37-4-10 ~] Insured Mall [] C.O.D. 2. AfficleNumber 7007 1490 0003 1161 5168 PS Form 381 ~, FebruarY ~ · Complete items 1, 2, and 3. Alan complete item 4 if Restricted D~ivery is basimd. · pflnt your neme and address on the reveme Mr.& Ivlrs. James Mcnaney 1640 E. Gillette Dr. East Marion, NY 11939 38-3-24.1 ff yES, e~ter dalbe,y addmM balow: tMal r-i Ex~ Mall n R~um Re~ fa' Me~'handM I-I Ir~umd Mall I-I O.O.D. Re(~cted DMIve~ (Extra bee) [] Ye~ 2.~Numb~ 7007 1490 0003 1161 5137 ps Form 3811, February 2004 Domestic Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Appl~an(s) RECEIVED $ BOARD OF APPEALS AFFIDAVIT OF SIGN I'OS'I'IN(; Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) On the_~ 5day ot ~-/a/t~[ .... ~{~_, I pe, sonally placed the lown's official Poster, with the date of hearing and nature of my application no(ed thereon, securely upon my 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 flint the Poster has renlaincd in place for seven clays prior to tt~;at date of the snbject hearing date, which hearing date ,vas shown to be ~4ff_~/~) 2~.~,/~:;~ : cAROL A, ~ILLER publiC, S~te ot NeW CommissiOn Expire- -- the entlance or driveway cntnmc¢ of lily prol)crty as the al'ca 111081 visible lo passersby -- - · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpisce, or on the front if space permits. 1. Article Addressed to: Joseph A. Cherepowich PO Box 103 East Marion, NY 11939 38-1-1.13 3. R*~ved by( [] No [] Express Mall [] Return Recelpt for Merchandlee FI C.O.D. 4. Restricted Deliveq? (Ex~a Fee) [] Yes 2. Article Number PS Form 3811, February 2004 7007 1490 0003 Domestic Re~urn Receipt 1161 5151 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. X,~/'~.~ [] Addressee D. le ~ eddre~ dlffem~ from Item 1'1 1. Article Addressed to: if YES, enter dallvery addrese below: tin Mr.& Mrs. William Bertodatti 1510 E Gillette Dr. East Marion, NY 11939 38-3-25 [] Return Reoalpt for Me,~,~-~ee [] I~ Mai ~ C.O.D. 4. ~~ 2.~Num~ 7007 1490 0003 1161 5120 -~ F~ 3811, F~m~ 20~ ~c R~m R~I~ ' · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: Q ~gent B. Received by ( C. Dafo/~f DalNerf D. Is~d~l? ~Y~ Mr. & Mrs. Kenneth Stein 5 Woods Witch Ln. Chappaqua, NY 10514-1223 37-4-12.1 [] F_xprea~ Mall [] Return Receipt for Mmchsnd~e [] Insured Mall [] C~O.D. , 2. Afficle Number i(/'mnsfer ~m serWce labe0 _ ps Form 3811, Februa~ 2004 7007 1490 0003 1161 5175 Domestic Retum Receipt Office Location: Town Annex/Fh'st 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 January 21,2010 Mr. Thomaslsles, Dim~or Suffolk Coun~ 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 # 6368 Owner/Applicant: WEINGART, Bryan R. & Holly A. Action Requested: Within 500 feet of: Demolition and construction of single family dwelling. ( ) 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. Leslie K. Weisman ZBA~:~irman 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 May 11, 2010 Bryan R. and Holly A. Weingart 14445 East Gillettte Drive East Marion, NY 11939 Re: ZBA # 6368 Dear M~ad~M~,-x~ha8~: Transmitted for your records is a copy of the Board's May 6, 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 call the office. Sinc e3e,1~, Vicki Toth Encl.