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HomeMy WebLinkAbout6366 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 Southold Town ClerJ FINDINGS, DEUBERATION8 AND DETERMINATION ~EETING OF ~AY G, 20~0 ZBA FILE: #6366 NAME OF APPLICANT: Stephen N.Sachman and Alexia Quardrani SCTM#: 1000-111-9-9 PROPERTY LOCATION: 4705 Nassau Point Rd., (adj. to Little Peconic Bay) Cutchogue, 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 20, 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 35,043 sq. ft non-conforming lot located in the R- 40 Low Density Residential Zone District. The parcel has 101.02' along Nassau Pt. Rd. and 360.32' along an unimproved ROW, referred to on Map A of Nassau Pt. as Carpenter Rd., with frontage on the Little Peconic Bay along the high water mark of 100.15 feet and along the southerly property line of 340.54 feet. The Parcel is improved with a single-family dwelling and an accessory garage as shown on a survey dated 6/4/2008 by Nathan Taft Corwin, III, Land Surveyor. BASIS OF APPLICATION: Request for Variances from ZBA Grant # 6040 dated 7/12/07 and ZBA Grant # 6082 dated November 1, 2007, based on an application for building permit and the Building Inspector's December 4, 2009 Notice of Disapproval concerning proposed cabana and half bath in an accessory garage which is a deviation from prior ZBA variance # 6040, at 4705 Nassau Point Rd., (adj. Little Peconic Bay) Cutchogue, NY. CTM#111-9-9. RELIEF REQUESTED: The applicant has constructed a two-story, one car garage with a proposed half bath and changing area on the first floor, with a finished second floor, which is a deviation to prior variances (#6040 and #6082) which granted a two car garage without interior plumbing, heat, habitability or sleeping space. The agent for the applicant is requesting relief from the two prior grants to allow interior plumbing for the proposed half bathroom on the first floor. AMENDED APPLICATION: During the hearing, the agent presented an updated Plot Plan labeled PP-1 dated April 12, 2010 by Nemschick Silverman Architects, showing a conforming in-ground swimming pool in the front yard. Page 2- May 6, 2010 ZBA File#6366 - Stephen N. Saehman and Alexia Quardrani CTM: 1000-111-9-9 ADDITIONAL INFORMATION: This Board has not granted any accessory garages with habitable uses, such as sleeping quarters, permanent heating or air condition systems. It is noted that upon inspection of the accessory garage, the structure had been completely finished according to the newly proposed floor plan on the amended application, with the exception of plumbing waste and water lines. All floors and areas were completely sheet-rocked, spackled, and painted. An outdoor shower had been constructed at the front entry to the proposed cabana/pool portion of the as built accessory garage that does not appear on the survey or plot plan provided in the amended application. At the public hearing on April 22, it was noted that the applicant proposed both interior plumbing and heat. The applicant indicated that the request for heating was in error and that he would submit a letter so stating to correct his application. An amended application sheet removing the request for heat was received in the ZBA office on April 27, 2010. Additionally, on May 1, 2010, the ZBA office received a letter from the agent, for the applicant, stating there will be NO HEAT and the structure will be used seasonally only. Also provided by the agent is a landscape and drainage plan, addressing all the concerns of runoff, dated 3/3/10, prepared by Nemschick Silverman Architects. A letter dated April 3, 2010 was received in the ZBA office on April 16,2010 from the applicant's neighbor, Mrs. Joan Kubec, stating concerns about the runoff and erosion along the public pedestrian R.O.W. (Carpenter's Road) that leads to Little Peconic Bay, and to her own property, caused by the applicant's re-contouring of his land and the construction of a new 42 foot long, very tall retaining wall erected by the applicant in the area of the accessory garage/cabana/pool structure and in ground swimming pool along his property line which abuts the R.O.W 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 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 alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Specific uses not granted by prior decisions of this Board, can be appealed by requesting further relief. A half bath in an accessory structure is a permitted use deemed by code to have no adverse impact on the character of the neighborhood. The proposed half bath and seasonal cabafia/pool use are typical amenities associated with swimming pools in the neighborhood Town Law _6267-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 because the proposed half bath and cabana/pool house use are a deviation from a previous decision by the ZB^ to disallow interior plumbing. Town Law §267-b(3){b)¢3). The variance requested is not substantial. A half bath and seasonal caba~a/pool use are both permitted uses in an accessory structure by Town code. Town Law §267-b(3){b)14). The proposed request submitted by the agent for the applicant in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood with regard to storm water runoff which will be mitigated by conditions imposed in this decision.. Town Law §267-b{3){b)(5). The difficulty has been self-created, since the applicant could have applied for a half bath with changing room and one car garage at the time of the previous decision, or done so Page 3- May 6, 2010 ZBA File#6366 - Stephen N. Sachman and Alexia Quardrani CTM: 1000-11 I-9-9 prior to receiving a stop work order by the Building Department for deviating from the conditions imposed in the prior variance # 6040. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage with a half bath and changing area used in conjunction with the in-ground swimming pool 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 Dinizio and duly carried, to GRANT THE RELIEF as applied for as shown on the plot plan dated April 12, 2010 by drawing no. PP-1 and on the architectural drawings by Nemschick Silverman Architects,: dated Dec. 16, 2009 and numbered CS-l, PP-1, A-l, A-2, and A-3, and the Landscape Plan drawing No. SK-1R.5, dated 3/3/10 by Nemschick Silverman Architects. CONDITIONS: 1. This decision is subject to receipt by the ZBA office prior to building permit approval for interior plumbing of a.) an updated survey and/or plot plan by a licensed surveyor or architect, showing the as built outdoor shower and any and all other as built improvements, and b.) a drainage plan for on site containment within drywells of all storm water runoff from the accessory garage cabana/pool structure, retaining wall, and swimming pool backwash. 2. Allow the seasonal cabana/pool building use as proposed in this non-habitable accessory garage structure, with under-counter refrigerator but no kitchen/cooking facilities (i.e. stove or sink) are permitted 3. Reaffirm decision #6040, "the accessory garage building shall remain unheated, no habitability or sleeping is authorized". 4. Allow interior plumbing for a half bath on the first floor only. 5. No HVAC or additional plumbing is permitted in any portion of this structure. 6. The grant of the cabana/pool building use is on a seasonal basis only, from May of each year to October of the same year. 7. A fence must be installed around the pool and retaining walls, for safety purposes, as mandated by NYS Law and Town code That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a buildinfl permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final site plan, conforming to the relief granted herein. The ZBA 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, and may require a new application and public hearing before the Zoning Board of Appeals. 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. Page 4- May 6, 2010 ZBA File#6366 - Stephen N, Sachman and Alexia Quardrani CTM: 1000-111-9-9 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 ~-I//, /2010 .EC, WO a/ c:~ ' · _ _ CARPENTER ROAD $60.~2' ! FINAL IIAP ~: ..... R~WED BY ZBA t ' '"'"~ '~ "" ~ ..... APR 1 ~ ~ LOT 2~ BOARD OF APPEALS ~or~: ~s~ NASSAU POINT J NASSAU POINT TOWN OF SOUTHOLD ~ ~' SUFFOLK COUNTY, NEW YORK ~m ~ALE Nemschick Silverman Architects ~ /~C~A~ ~'~C~~ CL'TC"O~U~ ~ ~U ~0~ P~OPCEPEU,.~n~.~ ~,LiZ2O,O 2-- ~ PLI6ATA ' ~. ~E ~ ~NI --~-I0 t. ~ ~,, I '"~~....... ~ I' ~.. ~ P._~ ~ ~o/. ~ .~'b.c. (~l~or into ~ '~i_PEN 5~'~-~ .... ~ o :~ ~ ~. ~ ' ,, FINAL MAP ~--PI~EA IE~ --~-I~T ~ - ' ~ . .-- . ' / GONE ~ 24" 0.6. k ~: :- ) ~ L ~ I J ~%~I~~ ~ ~ ' ~ ~ ~,~;~ / ~KYFEN~IL~4-5 I--T~JAPLI~ATA ' i /YIl~% ', ~ ~ ~ ~ I ~-.~: ,.,TN~A~ r F~ ¢ 5 FT ~.5. ~ ............. ~ ~ ~ ~ ~ 12" ~1~---~ ~ ~ : ~ ~ -~c~l~ ~WL. Nemschick SJlverman Architects ~c~ .~ ~m ~ ~ACHHA~ RE~IDF ~CE--CUTCHOGU[--~EW http:// .... 1s-arch.corn ~ I~ j~ JLOT: ~B~ April 22, 20t0 Town of Southold Zoning Board of Appeals P.O. Box 1179 $outhold, NY 11971-0959 Re' Sachman Residence 4705 Nassau Point Road Cutchogue, NY 11935 NSA Project # 06-1281 NEMSCHICK SILVERMAN ARCHITECTS P.C. ~... the business of ARCHITECTURE." RECEXVED ~OARD OF APPEALs To whom this may concern, This letter is to amend the vadance application originally submitted on 12/4/09 to the Department of buildings; please note we will not be providing heat to said structure. The intent is to have a structure for seasonal use only with plumbing to service the pool area. This structure is in no way proposed as habitable space. Sincerely, Nemschick Silverman Architects P.C. Ray Nemschick, AIA NCARB Principal 160 MAIN SYRt:I=¥ · SUITE 200 · SAYVILLE, NEW YORK 11782 * 631 5632130 telephone · 631 5632139 facsimile · www. ns-arch.com Deo 16 09 12:4,.3p Ray Nemschir :47 p,1 FORM NO_ 3 NOTICE OF DISAPPROVAL RECEWED BOARD OF APPEALS DATE: De~ember 4, 2009 TO: Stephea N. Sachman &: Alexia Quardrani C/O Nemschick, Silverman Arcl'dtects, PC 430 Green Way Cutchogue, NY 11935 Please take notice that your application dated Deceamber I, 2009: For perrmt for alterations to accessory garage at: Locatioa-0fproper~y: 4705 Nassau Point Rd., Cutchogue, NY 11~35' County Tax Map No. 1000 - Section l 11 Block _9 Lot _9 Is returned herewith and disapproved on the following grounds: Tl~e alt~rations i~ the accessory garage are a deviation from a ZBA Grant ,a, ltcmativc Reiicfdatcd 7/12/'07 hea~a number 6040; which stated; "thc accessory garage b~lding ~hal! remain unheated and without interior plumbing and no habitability or sleeping is authorized by this variance determination." And a 7_2BA Grant dated November 1,2007 hearing number 6082 which states; "No habitabihty or slecpir.4~ is autliori2ed under this variance deterrnlnat;on", and per plan~ provided by Nemschi,k Silvcrman Arohitects, PC last m,Ased 8/21107 which show no intehor vlumhin,, and unheated storage. .4~mcnded pla~z show a cabana a~l half bath, which is an allowable use Aathorized $ig~am re Note to .applicant: Any change or deviation to the above referenced application, may require fi2rther review by the Southold Town Building Department. CC: :file, Z.B.A DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 20, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as them 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. Applicant Sachman (Stephen N.) & Quardrani (Alexia) Municipal File Number 6366 TRK:ds 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 EXI~TIN~ I,~_I_L DWELLING .% 'AINTAIN A MIN. ~' BETI'f_EN I"!A rt~: IiV~ TO PI~d2Pd:~--~EZ2 DPTIC SYSTEM ANP N 78"36'20" E "--~ ....... '-~---C_~--~ POL~ \ ._~ ~D FENCE H/ 4"-O' HII:~ 5ELF CLOSINg, ~A TE OVERHEarD WIRES WOOD \ -,, POOL S 78"36'20" \ CARPENTER ROAD ROW OF pROPOSED ~,AP-,A~E HITI-i j I (I) To/LET A.t~ ('1) 5INK// ~, I I " I~ ~.AB ON ~t~,PE. / ~. ... .~ I~ ~ EXI~TIAI~ I/ ~' \ ~- . x,.,~.. \\ ~.. · X lE~T HOLE.~ \x LOd. ATION ~'~z~ TO[ \ \ STEp \ FENCE CHAIN FENCE 56,ALE = I"-- EXISTIN~ I ~ 2 .5TONY FRAME ~ HOUSE No. 4705 F. PL. ~ FELIM SAMAAN JUDITH SAMAAN DWELLING USES PUE~UC WATER ( WALKING RIGHT OF WAY ) \ \ \ \ \ \ \ \ LOT (~ d STORy STEp CONC. PATIO II SURVEY OF LOT 29 AMENDED MAP A OF NASSAU POINT FILE No. 156 FILED AUGUST 16, 1922 SITUATED AT NASSAU POINT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-09-09 SCALE 1"=20' JULY 13, 1998 DECEMBER 28, 1998 ADDED TOPOGRAPHY AUGUST 28, 2002 UPDATE SURVEY & ADDED PROPOSED POOL & PATIO DECEMBER 50, 2002 UPDATE SURVEY & ADDED TOPOGRAPHY AUGUST 12, 2005 REVISED PROPOSED POOL SEPTEMBER 4, 2005 POOL STAKEOUT PLAN JUNE 4, 2008 UPDATE SURVEY AREA = 55,04S.34 sq. ff. (TO TIE LINES) 0.804 ac. S 7'8'56 TEST HOLE DATA 'k \ \ \ ,,% T W ~z~ NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: F FL -- FIRST FLOOR CERTIFIED TO: CHICAGO TITLE INSURANCE TITLE No. 9808-01690 THE DIME SAVINGS BANK STEPHEN N, SACHMAN ALEXIA QUADRANI -5-- COMPANY OF OF NEW YORK, FSB aOARo OF APPEAt. S $60 NEW YORK THE EXISTENCE OF RIGHTS OF WAY Nathan Taft Corwin III Land Surveyor N.Y.S. L,c. 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THE DESIGN LI~ to~ IN LIV/N5 A~A5 15 ~ ~F (PL =1~ ~) A~/6 LI~ ~ A5 NOT TO CAUSE fl~flE HA~SHI~ DELAY AND INTERFE~NGE WITH OPENIN65, ETS,, A5 ~1~ OR A5 SHOWN HE~IN oR ON LOAD 15 20 ~F (Pt =5~F} R~F LOAP 15 ~0 ~F (DL =10 ~FI Roof ~ANSDATED I ~,~o~ ~ AbB~EVIATIO~ ~emschick Silverman ~rchitects P.c.= VO ~ ~ ~~ 7~C~ C~ ' ':C =' OG --2~--~ ~~: 4705P~OPO/ED GARAGZ A~D POOL~A~/AU POINT POAD SCALE~C ]~. 200~ D~AW,NG NO. 430 Green Way, Cutchogue, New York 11935I CUTCHOGUE, ~Y 11955 ~ A~ ~OT~ Phone: 631-7~-7007 Fax: 631-734-7347 ~ DISTRICT' SECTION. BLOCK LOT' DRAWN.1 http://~, nemschicksilverman.com ~ -- ~,~r z ~ 0 ALI ~NE~ TO EXIETINd; CONCP. ETE P. ETAININ~ ~L~ ~ NUHBE~ OF NO.ER OF ~ ~u EXIETIN~ ~NEN~ TOP F ~LL ~EHALL HA~ EPO~ ~T ~O~L AT 4~ ~ CA~ ~OA~ ~ ~ JOINT PEEORI~ION NAIL 5PACIN5 ~ (FACE-NAILED) 2 - lcd 1,2 2 - lcd 1,2 P~ FOOT ~ To. o~ .U~H~ ~ITE INfOrmATION BLOGKIN6 TO JOIST (TOE-~ILED) 2 - 8d 2 IOd EACH END ~/( I )' ~ ~~':~ SUrVeY OF BLK:EEE: ~111 LEDeER 5~IP TO B~M (FACE-~ILED) ~ - lcd 4 - lcd ~OH JOIST LOT g9LCD ~ ~lET ON LED&FA TO DEAN (TOE-NAILED) D -gd D - IOd PEA ~lDT ~A~ SAU ~ O~T LOT A~A, ~ 5~ BAND JOIST TO 5rLL OR TOP PLATE (TOE-NAIaD) 2 - 16d 2 lcd PER FOOT NASSAU POINT P~oP. tOT eO~¢¢ I / LEaL BA6KFILL~ r ~ oYPEUH ~L~A~ 5d COOL~5 ~ COOLER5 T' EDgE / I0" FIELP LA V I ~ AIR INTA~ I I ATBNEAK ANP E~NY~' ¢-~ :;k ,:~,~,-~,~ · ' ~ PERHI~P TO ~ ~ED TO I - 16d PER FOOT. I: 4" I ~ ,-~T~_~ ,, ?~~ B. CORROSION RESISTANT II 6A6E ROOFIN6 NAIL5 AND 16 6A6E STAPLE5 A~ PERMI~D~ CHECK I~ FOR ~PlTIO~L ~.,~ ¢~¢~. ~L~ I ) 5. FoR ~oo~ 5HEATHIN~ NITHIN 4 ~EET OF THE PERINE~R ED*E OF THE ROOF, INOLUDIN¢ 4 PEET ON EAOH SIDE OF THE ~' ~ ' > ~ ~~, · ~'. ~ &~"AL~5HEATH~"~TH~N~EE~PTHE~RNE~H~P~TE~E~NE~A~H~ENT~E~RE~NT~HA~L~EU~E~. ( " ' · ) FINAL MAP J Nemschick Silverman Architects P.c-~ ~ ~ i2 ~C~~_Z; %-I =' ~ ~P ~~E 4705PROPO/EE GARAGE A~U POOLcuTCHOGUE,~A//AU POI~T~x 1,,,sROA~ SCALEPEC 10, 2009 DRAWING NO' 430 Green Way, Cutchogue, New York 11935 L . _ ~ A~ AOTED PLOOR P~ AORTH ~ COeY"~T 20~ NmSOHIOK SlLVERMAN ARCHEECTS pC 1000 111 09 09 %C HATCH EXIDTIN~. P. FFEN~, ,~ ~c.,r ~,~ ~-~-~.~ 5HALL HAVb bkOXT ~1 ~O~L Al ~D" ~ UAN~N'I'~ NUAD ~ ~/ ~ ~ ~ ~C. ~NTId~, MIN. 4" E~ED~NT EACH ENO. ( WAL.iN8 RIGHT O~ WAy ) 78'36'20" E~ e.~ m~ e°. e°- ~ ~ ~x ~ ~ ~ ~ ~ '.- ,L,~,~.,=,, _ ~ ~,~ ~ ~ -~ ~_ / . ~ , ~ % ' PATIO AT~ ~ ~OPO~Em ..................... ~ ~ ~ I X~ou~r ~ ~ ~EXIETIN~ APP~ ' ~ /~ EO. 60N5. 5L~ _ / R~F LINE ~ /~ / ~ , , , , , , ' ~ I = ~ (4)I~"XI~/4"LVL THRU~L~P~24"O.6, STA~E~P~L~HF~AN~ / I ~ : FOOTIN~ NITH POST I PROVIOE CON~ I ~ ~ . / ~ ~- ~ ~ . ~ BELON ' "- ~ __ -- / i [ (FLusHO'C'STA~E~P IF~HE) ' II ~ GA~EOOON5 ~ 5TA~GE~OYL~HF~ FINAL MAP I I ¢~ ~/~ REVIEWED BY ZBA ~EC I , o~/o~/o~ .:w ~ ?OU~PATIO~ PLA~, rlR~ fLOOR PL~. 00-1281/CP'd PER~IT~ET 112209/A-1 j L PROJECT TITLE: DATE: NSA PROJECT .' ~ PROPO%EP GARAGE A~P POOL DEC 1~, 2009 ~%A 00q281 Nemschick Silverman Architects P-c- ~ f~~~ A~ ----'~ ~ 2 ~ C~ '' I ~ % = ~~ ~ ~~ 4705~A~AU POI~TROADcuTcHOGUE,~y 11955 SCALE' A~AOTEP DRAWING NO 430 Green Way, Cutchogue, NewYork 11935 ' ' '- ~ 1 Phone: 63%734-7007 Fax: 631-734-7~7 ~ DISTRICT, SECTION: bLOCK, LOT: DRAWN BY FLOOR PLAA ~ORTH NO. I ~,E UNIT DIMENSION MATERIAL FRAME P. EMAP. K5 FIRST FLOOR NO. I ~,E UNIT DIMENSION MATERIAL FRAME P. EMAP. KS FIRST FLOOR ~*/~SNCa: ~ I .~~ L] L lj ~LLILL t _ ~0. PL TE ~ -- SRO~P ~INP 5EIBHIG ~BJEOT TO DAHASE BY MINTER ICE SHIELD 9TAI~ ~EYONP 60LUHN I ~ ~ _ ~PI~ 2 LANPlN~ AT STOOP I~ ~1 ~OLUHN TO HA T~H POR~ ~A~SE ~OOR. I I.P, MANUFACTURER MODEL R.O. REHA~5 ' ~L. +~" ' I I I I ~ ~ ~ FINAL MAP ~ ~ I ~CEXVED ¢ .h ~ h , I REVIEWED BYZBA OECISlON$ ~ DEC ~ CLI A?IC ®EO® Af=HIG : ESI N G I?E IA ®RO~D HIND 5EISHIC ~BJEGT TO BAHACE BY HINTER ICE SHIELD 5NO~ (5PE~ IN DESIGN DESICN UNDERLAY- FLOOD FR~T LI~ TERHI~ DECAY HENT HAZA~5 LOAD HPH) GATE~ORY ~EATHERIN~ PERTH ~HP. REQUI~D HOD. TO 5LIGHT TO 45 PSF 120 C 5EVE~ DuO'' HEA~ MODE~ Ii ~ YES N/A (~¢3 ~,~'-,~. ZL~ IA T/ON SEAL: REVISIONS/SUBMISSIONS' DRAWING TITLE: (/~ZL~VA T/~N~ J~~.%ALE: I/4': 1-O" DATE, DESCRIPTION' ~*~**~* **w ELEVATIOM~ ~ ~ ~ALE : I/4": ILO'' v 10/~/09 ~V~ CAD FILE NAME. ~ O~ 1281/C~3/~ERMIT~ET 112209/Ad ~ PROJEOT TITLE. DATE NBA PROgEOT PROPOSED GARAGE AM~ POOL DEC 16, 2009 ~A 06-128: 430Nemschipk Silverman Architects P-C-Green Way, Cutch0gue, New York 11935 ~ ~~= :l ~ ~AP ~ ~ 2~C= IC--I~I = ~ =-'" -- -~ ~~ DISTRICT:4705 ~A~AU POIMT ROAEcuTCHOGUE,sECTiON. ~y 11955BLOCK: LOT DRAwNSCALE' BY'A~ ~OTEE DRAWING NO. Phone: 631-7~-7007 Fax: 631-734-7347 ~ hEp://~, nemschicksilverman.com . · COPyRiGHT 20OB NEMSCRCK 5LV~AN A~C~TECT =LOOP PL~ ~ORTH - ~/4" G~X ?L T,~OO0 ~HEA THliV~ /77~ -15# f-EL T PAPER / / / INSFLA TIOi~ F~OVIPE BAFFLE / / / FOR AIR FLO~ in ~ row to provide the LENGTH code-reqmred minimum ' ' I ;; ~ ~ - ~ center-to center ;; LENGTH , EL' i~-i1~/~ ~SL~ :: CLEAR ~D 6ASlN6 g ~FFIT ~flT TO~ ~~ ~ Provide minimum ~ LENGTH . _ end distance ~ ~ /NFiLL~L ''VO/OS~r, II *n each end ~ Simpson Strong T,e PASK. ~ HBJA Simpson Strong- T~e Simpson Strong-Tie ABA44 (ABA66 SIMILAR) CCQ46 5ILL ¢ ~IN AT NINPOW5 ~ I ¢4)1~ Xlg/4 LVL THRU~LTEP¢24 / ~ ~ 0,6. 5TAGGE~ ~L~H ~ I ~ N PROVICE AMC INSTALL 5/~ ~ ~ I % Simpson Stron¢- Tie ~INT FILLER ~ ENn~ PERIHE~R ~ ~ / 2 X ~ ~ILL PLA~ ~ ~IL~ > ~ WALL~ECTIO~ A~U 6/:lZO~ ~ZA ~DARP~RAPPI~G &CO~ECTIO~ UETAI~ 00-1281/CP's/ emsohiCk 8ilverman ArchitectsP,C, PROJECT TITLE: DATE. NSA PROJECT ~ ~ ~--- ~ 7-~C=~ % ~_ ~P ~~ PROPO:EPGARAGEA~PPOOL PEC16,2009 ~:A06-1281 47O5 PO~T ~OAD ~ ~ SCALE DBAW~NG 430 Green Way, Cutchogue, New York 11935CUTCHOGUE, ~Y 1~955 Phone: 631-7~-7007 Fax: 631-734-7347 ~ ' ~ A% ~OTED http://~, nemschicksilverman.com . DISTRICT: SECTION BLOCK, LOT DRAWN BY, APPLICATION TO THE SOUTHOLD ]'OWN BOARD OF APPEALS Fee: $ Filed B3: Date Assigned/Assignment No. Of[ice Notes: ParcelHouse No. 4705 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 111 Block 09 Lot(s). 09 Lot Size_ 35,043 SF Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 1, 2009 Applicant/Owner(s):_ Nemschick Silverman Architects, P.C. Mailing Address: 430 Green Way Cutchoguel NY 11935 Telephone: 631-734-7007 NOTE: In addition to the above please complete belo~ if application is signed b3 applicant's attorney, agenl, architect, builder, contract ~lemsc~{Ick Silverman Anthorized Representative:Architects: p C for (~') Owner, or ( ) Other: Address: 430 Green Way Cutchoque, NY 11935 Telephone: 631-734-7007 Please check box to specif.v ~vho you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) ~Authorized Representative FJ Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED_Dec. 04, 2009 FOR: tL;eBuilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction {2Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article XXV[ Section 280-15 Subsection [3 & C Type of Appeal. An Appeal is made for: [] A Variance to the Zoniug Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section {~f~Reversal or Other Relief from previous grant to add plumbing for a cabana and half bath. A prior appeal ~/has R has not been made with respect to this properly UNDER Appeal # 5171, 5302, 6040 & 6082~Year 2002 (Please be sure to research before completing this question or call our office to assist you.). 2003 2007 2007 Name of Owner: Steve Sachman ZBA Eile # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): ,IRE;4 I/ARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The cabana and half bath will not be visible from the neighborhood. (2) The benefit sought by tile applicant CANNOT be acideved by some method feasible for the applicant to pnrsne, other than an area variance, because: we are seeking relief from a previous grant to add plumbing for an approved accessory structure. (3) The amount of relief reqnested is not substantial because: A variance was already granted on November 1, 2007 hearing number 6082. The addition of a cabana and half bath is an allowable use as stated in Notice of Disapproval. (4) The variance will NOT have an adverse effect or hnpact on the physical or environmental conditions in the neighborhood or district because: The cabana and half bath will not be visible from the neighborhood. (5) }las the alleged difficult)' been self-created? ( )Yes, or (~No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect tile character of the neighborhood and the health, safety, and welfare of the community. Check this boxl( ) IF A USE VARIANCE IS BEING--,,¢ .,Ik~U'I~TED' AND PEE,,ASE COMPLETE ATTACHED L SE VARIANCE SHEET: (Please b/e su~/t6~nsult ,our attorne,.) ~4Ug~l,'~/~./~{v{ Appellant or Authorized Agent (&gent must submit written Authorization from Owner) S~*orn t~j b_e~fore me ~his ~ Notary Public, State of New Yorl~ Re~, No. 01 S14977025 (}ual~ied in Suffolk County ~K~l~ission Expires Jenunry i~, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only L, ?5 ~ BIARD OF APPEALS Fee: $ Filed By: Office Notes: Date Assigned/Assignment No. ParceIHouse No. 4705 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 111 Block 09 Lot(s). 09 Lot Size 35,043 SF Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: December 1, 2009 Applicant/Owner(s): Nemschick Silverman Architects, P.C. Mailing Address: 430 Green Way Cutchogue, NY 11935 Telephone: 631-734-7007 NOTE: In addition to the above please complete below il' application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who a e trepres riss: . ~l"~msc~lck Sflverman Authorized Representative: ArchJtects~ P.C for (t/) Owner, or ( ) Other: Address: 430 Green Way Cutchoque, NY 11935 Telephone: ~31-734-7007 Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) ~'Authorized Representative [] Other Name/Address: WHEREBY THE BU1LDING INSPECTOR DENIED AN APPLICATION DATED Dec. 04, 2009 FOR: Ig'Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsecfion of Zoning Ordinance by numbers. Do not quote the code. Article )Q{VI Section 280-15 Subsection B & C 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. [2 Interpretation of the Town Code, Article Section ~Reversal or Other Relief from previous grant to add plumbing and heat for a cabana and half bath. A prior appeal I~'ha~ [~ has not been made with respect to this property UNDER Appeal # 5171, 5302, 6040 & 6082~Year 2002 (Please be sure to research before completing this question or call our office to assist you.). 2003 2007 2007 RECEIVEI~ Name of Owner: Steve Sachman ZBA File #--('~ ,-~L,~¢:~ ,: REASONS FOR APPEAL (additional sheets may be used with preparer's signature): BOARD OF APPEAL~ .4REA V/tR1.4NCE RE/ISONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The cabana and half bath will not be visible from the neighborhood. (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: we are seeking relief from a previous grant to add plumbing and heat for an approved accessory structure. (3) The amount of relief requested is not substantial because: A variance was already granted on November 1, 2007 hearing number 6082. The addition of a cabana and half bath is an allowable use as stated in Notice of Disapproval (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The cabana and half bath will not be visible from the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes, or (t~No. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the healtl~, safety, and welfare of the community. Check this box ( ) IF n USE VARIANCE IS BEING REQUE~S.~'I~iAND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c96sult~l~/~r attorney.) Sigqa)a/;~g~o~ ~'~lla~t/~r Authorized Agent (Ag~n~! sub~iit wrinen~uthorization from Owner) Sworn to before me LAWRENCE E. SILVERMAN Notary Public, State of New York Reg. No. 4977025 Qualified in Nassau County Commission Expires January 22, ~ECEZVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 8OARD OF The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Nemschick Silverman Arch. (Representing Steve Sachman & Alexia Quardrani) YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~' Special Exception if "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO ~' Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP 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 Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Sachman, Steve & Quardrani, Alexia (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: (Chcck all that apply.) Tax Grievance Variance ~' Special Exception [f"Othcr", name thc activity: Change of Zonc Approval of Plat Exemption from Plat or Official Map Other RECEIVED ~?~ 1 4 2010 BOARD OF APPEALS 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 owns more than 5% of the shares. YES NO ~'/ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: N/A Title or position of that person: Describe that relationship between yourself (the applicant) and the To~vn officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP N/A Submitted Signature: Print Name: ~ECEI'VED APPLICANT'S PROJECT DESCRIPTION ~O (For ZBA Reference) Nemschick Silverman Architects. P.C. Date Prepared: December 16, 2009 Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: E×istino 2 car detached oara~e. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 24.§' X 30.§' ,qaraqe + 5' X 8' covered entry Dimensions of new second floor: 30.5' × 19.5' unheated stora.qe Dimensions of floor above second level: NA Height (from finished ground to top of ridge): 20'-0" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured f~om natural existing grade to first floor: No III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessaw) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 story (2) car detached garage. Number of Floors and Changes WITH Alterations: 1-1/2 story (1) car detached qara.qe with cabana and 1/2 bath and storage above. IV. Calculations of building areas and Itt coverage (from surveyor): Existing square footage of buildings on your property: 2048 SF (house + deck) Proposedincrcase ofbuilding coverage: 1498 SF (garage + pool) Square footage of your lot: 35,043 SF Percentage ofcovcragcofyourlotbybuildingarca: 10 % V. Purpose of New Construction: Relief from previous grant to add plumbing and heat for a cabana and half bath. 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): The land contours are fiat and presents no difficulty in meeting the code requirements. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RECEIVED BOARD OF APPEALS Is the subject premises listed on the real estate market for sale'? [3 Yes ~No Are there any proposals to change or alter land contours? [] No []Yes, please explain on attached sheet. The patio will be leveled off at the end of the pool with a retaining wall along Carpenter Rd. 1) Are there areas that contain sand or wetland grasses? NO 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N[A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E;r Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Nolle (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) 'F. Do you have any construction taking place at this time concerning your premises? Yes ~ . If yes, please submit a copy of your building permit and map as approved by the Building Department and describe:A permit was issued and variance was previously granted for construction of an unheated accessory garage and pool. G. Do you or any co-owner also own other land close to this parcel? NO 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 Single family w/detached garage and proposed use same w/cabana, 1/2 bath and pool (exa,~ existing: single-family; proposed: same with garage or pool,or other description.) Authoriz/~'-nature and Date 2/05; 1/07 RECE~vE~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF AppEALS Vt/HEN 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. ~IH applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: Nemschick Silverman Architects P.C. 2) Address of Applicant: 430 Green Way Cutcho§ue, NY 11935 3) Name of Land Owner (if other than applicant): Sachman Residence 4) Address of Land Owner: 4705 Nassau Point Road Cutchogue, NY 11935 5) Description of Proposed Project: Relief from nrevious _orant to add olumbing and heat for a cabana and half bath. 6) Location of Property (road and tax map number): Nassau Point Road SCTM 1000-111-09-09 7) Is the parcel within an agricultural district? I-~No l--lyes If yes, Agricultural District Number 8) Is this parcel actively fanned? 171No I-lYes 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 fi.om any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers n~e obtained, in advance, when requested from either the Officq,,6t't~lillani0g Boa~ 765-1938 or the~fi~in,g~oard//-/~ -~ of Appeals at 765-1809., t e pp icant Date .~' jo. 97 025 ~a wiTl solicit cr mments from the owners of land idenlJfied above in on their farm operation. Solicitation will be made by supplying a copyofthis 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 owne~ identified above. The cost for mailing shall be paid by thc applicant at the time the application is submitted for review. Failure to pay at such time means thc application is not complete and cannot be acted upon by the board. 1-14-09 Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should re,,iew the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the. achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 111 - 09 - 09 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Relief from previous grant to add plumbing and heat for a cabana and half bath. Location of action: 4705 Nassau Point RD Cutchogue, NY Site acreage: .8 Present land use: Residential Present zoning classification: R40 ~CE.~lfE'D ~04RD OF 4PPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Nemschick Silverman Architects P.C. (b) Mailing address: 430 Green Way Cutchogue, NY 11935 )_ 631 743-7007 (c) Telephone number: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) ~ECEIVED Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets i£necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria --~ Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~ (Not Applicable - please explain> Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [] No [] (Not Applicable - please explain} PUBLIC COAST POLICIES Policy 9. Provide for public access to,~and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Ye~ No [] (Not Applicable - please explain) Atlach additional shccts if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) ~ R~CEZVED ~OARh ~ .. -' Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [-~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT ToWn Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35209 Z Date DECEMBER 10, 2009 Permission is hereby granted to: STEPHEN N SACHMAN 1075 PARK AVENUE APT 7B NEW YORK,NY 10128 for : "AS BUILT" INGROUND SWIMMING POOL IN THE FRONT YARD AS APPLIED FOR, FENCED TO CODE at premises located at County Tax Map No. 473889 Section 111 purs,,ant to application dated DECEMBER Building Inspector to expire on JUNE 4705 NASSAU POINT RD CUTCHOGUE Block 0009 Lot NO. 009 4, 2009 and approved by the 10, 2011. Fee $ 500.00 ORIGINAL Rev. 5/8/02 ~ (~ARA~E f=NONT EI_EV'A 1'tON ?YI1'H 7001. Nemschick Silverman Architects =~ "~c~1~" Nemschick Silverman Amhitects 43[} Green Way. Cutchogue. New York 11935 Nemschick Silverman Architects ~ARA~E i'~/TH V'IEI~ OF HOL,/SE AN~ //fA TER Nemschick Silverman Architects PM-6 A~R~YIA ~ON5 ~ ~I ON NO ~5 PP-1 ~rACHH~=J~112E_.flEE/~ICE CIjTCHOGUE-- PlEb/ J~CI=IM~t I~E~flPE/~CE: CUTCHOGLIff_ ~/1ff_~ YO~K LOT 29 SURVEY OF LOT 29 NASSAU POINT NASSAU POINT Joseph A. Ingegno Land ~urveyor RECEIVED BOARD OF APPEALS Re: Letter ofAathori~*i~ S.C.T. IVL # l~m-lll -d9 -09 To Whom It May Concern, I~t this letter serve 'to Authorize the Finn of"~ck Silve~,'~ Architects P.C." to act on my behalf in obt~.i.~ a variance approwl ~ the Zoning Board of Appeals. The variaac~ requited for the Rrsid~nce of Stm-e S;~.hman is'lo~at~l in Cutchogue, on 4705 .: Nassau Po:iht Rd; S.C.T.M. # I000-111'0909. All proper docummts~ion will bc preparcd and. : subrQitted by Ne:ms,hick Sih,~i,isn Alv, hite~t~ P.C. "' . . The owner 0fthe property is; Steve Sachman ...... · ; 4705 Nassau Poh/t Rd ... Cutchogue,, NY 11935 . '.' The applicant for this project is: Nemschick SUverman Architects P.C. 735 Deerfoot Path Cutchosue, ]~ 11935 Contact: Ray, Nemschicl~ AIA PH: 631.734.7007 FX: 631.734.7347 Steve Saehmsa' Date Jzo-t ~to/ttn-,i )lt-I t~Ztzlgt, tt9 (~iI):tlIHIII/V N~HBAII$ X::)tH~S~l#-moJ:] mdZt:2l lOOZ-SZ-ufl;' TOWN OF SOUTHOLD TEL: (631) FAX: (631) 765-9502 www. northfork, net/Southold/ Examined ,20.__ Approved 20__ Disapproved a/c Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health R10-08-0034 approved 4 sets &Building Plans t/ Planning Board approval Survey. t,~ Check t,~ Septic Form N.Y.S.D.E.C. Tmstees Contact: Ray Nemschick Mail to:~__ Cutchogue, NY 11935 Phone: 631-734-7007 Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date Novermber 24 ., 2009 a. This application MUST be completely filled in by typewriter or in 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. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. 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 bom such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension &the permit for an addition six months. Fhereafler, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) 430 Green Way Cutchogue, NY 11935 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, elec~xician, plumber or builder Architect Name of owner ofpremises Steve Sachman (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 4705 Nassau Point Road Cutchogue, NY 11935 House Number Street Hamlet County Tax Map No. 1000 Subdivision (Name) Section 111 Block 09 Lot 09 Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 2 Car Gara.qe b. Intended use and occupancy 1 Car Garage with cabana and bathroom & storage above 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units N/A If garage, number of cars I Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 27.3' Height +/- 14' Number of Stories 1 Rear 27.3' Depth 21.8' Dimensions of same structure with alterations or additions: Front 0- demolish Depth. 0 Height. 0 Number of Stories 0 Rear 0 8. Dimensions of entire new construction: Front 30.§' Height 19.9' Number of Stories 2 Rear 30.5' Depth 24.5' 9. Sizeoflot: Front 101.02' Rear 100.15' Depth 360.32' 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES v' NO __ 13. Will lot be re-graded? YES ~ NO__Will excess fill be removed from premises? YES ~' NO__ 14. Names of Owner of premises Steve Sachman Address 4705 Nassau Point Rd. Phone No. Name of ArchitectNemschick Silverman Architects p.~ddress 430 Green Way Phone No Name of Contractor Address Cutchogue. NY 11935 Phone No. 631-734-7007 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~' NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~' NO__ * 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. STATE OF NEW YORK) SS: COUNTY OF Suffolk ) Ray Nemshick being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the architect (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. Sworn to before me this [ 5* day of '[~6e2,~,~ (~ Notary Pu~ic 20 oq pplicant .... .......... ~ TOWN OF $OUTHOLD IT~OPERTY · ,, ~ RECORD CARD ' O~N'ER STREET Z/7~.~ VI L~GE DISTRICT SUB.~ FORMER OWNER U~ND Farm Tillable 2 Tillable, 3 WoodI~ad Swampland Brushland House ~lot N ACREAGE ..?~ ~. S.EAS. IMP. Ac re VL. FARM CO/vkM. IND. CB. MISC. Value Per Acre Value 111-9-9 3/03 M. Bldg. Extension Porch Deck Breezeway Garage Pool Z .~o Foundation Ext. Walls Fire Place Dormer Driveway Bath Floors Interior Finish Woodstove Attic Rooms 1st Floor Rooms 2nd Floor Dinette Kit. L.R. D..R. BR. Fin. B. APPEALS TOWN OF 801~IOLD, NEW-~]~lt: AC'£ION OF THE ZONING BOARD OF APPEALS D~ted DA'i'~ I le/~:, 34, AN4 Appellant mectil~g of the Zoning ~axd of Appeal~ on ~sidered and ~e act~n l~l~d ~t~ was ~ cn y~ur ~qu~t for v~e due ~ la~ of ac~ ~ pro~rty Request fer a ~erlM ~p~ un~ the Z~g Ox'dinance ~q~es~ for a ~M~e ~ t~ Z~ ~d~ance 1. SPEC]AL EXCEPTION. By resolution of the Board it was determined tlmt a special exception ( ) be ~anted ( ) be cLeWed ~)u~uant to Article ....... Section ........... S~b~cUon __ ~z~ra~h ............. of the Zon~r~g Ord~ance, a~d the decieion of th*- ~atldi~ L~spectar ( ) be ~everaed ( ) be contLtmed becauao t~O0 ~.IL (B.D,I.T.), upou piz~l~t~ to put &u &roB. Jr, d~oe~.ou o~ pzoport~.s o~lt IJ, dO ~ Poinlr Boed~ ImM~u ~ Club Imwe3r~, DivJm, mt by ~u 2. VARIANCE. By resol'atlon o! the Board i~'was det~'mined that ia) striot appllc~tion of the Ordinanoe (would)iwould not)produce practical difflcultle~ ar unnec- essary hardship because ih) The hardsJiip created (is) (is not) unique and (wollld) (would r~t) be shared by all Veopertieo alike in the immediate vicinity of this l~roperty and in the sam~ use district because (c) Th~ var!ance (does) (does not) obeerve the spirit of the Ordinance and (would) change the ct~racter of the dtst~ct bcosm~e (would not) and therefore, it was further de/mrm/:~l t,l~at tuhe requested variance ( ) be granted ( ) be denied and that the l~r~-~ious decisla~s of the Building L,~pectar ( ) ,be confirmed ( ) be reversed. FORM ZB4 ZON~O BOARD OF APPEALS ~ RECEZVED 8OARD OF .AppEALs APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Oilva V'mcent Orlando BOARD OF APPEALS Southotd Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl. No. 5171 - Stephen N. Sachman and Alexia Quadmni P~-operty:Loca~i0.n: 4705 Nassau Point Road, Cutchogue; Parcel 111 .-9-9. OOARD OF AppEALS SEQRA DETERMINATION; The Zoning Board of Appeal[ has visited, the property under C0nsideratibn in th s aP~cation and determ nes that th s re,v aw fa s under the Type II ~ateg~y;of the~Statefs List of'ACtions, .~Nithout an.adverse effect,on'the environment tf he i~0jeg-t'is .im~iemented as planned. P:RoPER.T2(~ FA~T,~ESCRIPTtON: Applicants' property is a 35;043 sq fi; parcel with ~oi3~i~.al~Jr~g;~.~a~reets~ 101.Q2 feet along the east rode of Nassau Point Road and B~0,32,. fee[ato~g:'a'~:..~dut~ mdeof Carpenter Road. The property is ~mproved with a single,family d~elliOg and accesSOry one-story garage as. Shown on'-the July 13, 1998 survey pmpare~ by.JOseph A. Ingegno L.S. and updated December 28, 1998. '~./S15 ~OF :/'A~EI~?~N~ Baildihg Department's' May 8, 2002 Notice of: Disapproval ~,~ny~:~il~h~fi~l~0~ d6'~d:May 7, 2002, for a pr0PoseC~ second-story addition to their e~i~in~ d~eliifig ~pre~ent~y nOnconforming at the only side yard at 14.2 feet). FINDINGS OF FACT The Zoning Bo; 2002, at,which- documeritation the Zoning B~ AREA VARIAN~ propc~s~Ct!~c, ct side ~a~d~' ! 'se minimum!~ide, rd of Appeals held a public headng on this application on September 19, ime Wn~en and' oral evidence was presented. Based upon a~l testimony, Persist! in,spection of the property and. the area, and other evidence, (t. findsithe:fol[owing, facts, to be true and relevant. ;E. REDEF REQ~IESTED: Applicants request a setback vadance for a 'd.stc~r~'~iddition to the existing dwelling within the t5 ff. nonconforming ~oh~. ~(~0~242A and 100-244B of the Zoning Code require a t5 ff. ~rd! ..R. EASO.NS .FO..~ B~,~,D. ACTION: On the basis of testimony presented, materials submiff~, ahd:~h~i tfispecfions, the Board made the following findings: 1. Grant of an Area..,,fa~iance will not produce an undesirable change in the character of the neig ,h~. ,orho~d 0r,~ ;~etdment to nearby properties. The property has an. ex st ng non- conforr~ifi~lilsid~.'~'a~',d:~tback of 14 feet 2 inches The proposed new additon will maintaifl ~i~ S~{ I~a~, ~he I~roposed addition is a mirror of the other side of the house; this will give the.house .symmetry. Page 2 - October 3, 200z ' Appl. No; 5171 - S. Sachanan and A. Quadrani 111-9-9 at O-e. hogue ~O'4RD OF 2. The benefit sought by.the applicant cannot the applicant to pumue other than an area variancei' beCause the aPpli~h{ wishes (~ expand do to a growing family need and this is the logical move since there will be no cleadng of trees or excavation of Soil. 3. The vadance granted herein is not substantial; the reduction of the side yard setback on the second story is only 10 Inches. 4. The variance granted will not have an adverse effect or {mpact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to this board to suggest that this minor variance will have any adverse impact~ The proposed addition will not increase the original footprint or increase the density of pollution to the neighborhood. All the down spouts will drain into drywells notto cause a drainage problem and the natural screening on the south side of the property line to be consistently maintained. 5. Grant of the requested vadance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second-story addition, while Preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the community. BOARD RESOLUTION: tn considering all of the above factors and applying the balancing test under New York Town LaW 267-B, motion was offered by Member Oliva, seconded by Chairman Goehdnger, it was RESOLVED, to GRANT the vadance as applied for, and shown on the survey prepared by Joseph A. Ingegno dated December 28, 1998, and shown on the copies of front elevation rear elevation and floor layout sketches received 6/7/02 in behalf of the applicants. 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. ro erard P': Goeh~ge~r-/'Ap~P~d four Fii'i~g APPEAI~S BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 25, 2003 Appl. No. 5302 - S. Sachman and A. Quadrani Property Location: 4705 Nassau Point Road, Cutchogue; Parcel 1000-11%9-9. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is a 35,043 sq. ft. parcel with frontage along two streets: 101.02 feet along the east side of Nassau Point Road and 360.32 feet along the south side of Carpenter Road. The property is improved with a single4amily dwelling and accessory one-story garage as shown on the July 13, 1998 survey prepared by Joseph A. Ingegno, L.S., updated December 30, 2002. BASIS OF APPLICATION: Building Department's October 1, 2002 Notice of Disapproval, amended January 15, 2003, citing Section 100-33C in its denial of a building permit to construct an accessory in-ground swimming pool with a setback at less than 50 feet from the front property line. Although th~ Notice of Disapproval states that a 50 ff. front yard setback is required, C__ode Sectinn 100-244B provid~n for minimu_m 40 ft. front yard setbacks for waterfront lots having between 20,000 sq. ft. and 39,999 s_c[. ~_in area. - FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on May 15, 2003, June 5, 2003, July 24, 2003, and September 11, 2003, 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: AREA VARIANCE RELIEF REQUESTED: Applicants originally submitted a building permit application requesting a 15' x 45' in-ground swimming pool in a location 15 feet from the north property line along Carpenter Road and 26.7~ from the west property line along Nassau Point Road, as shown on the survey prepared by Joseph A. Ingegno, L.S. dated July 13, 1998, revised December 30, 2002. Also shown was a 12' x 20' bluestone patio area at the southwesterly end of the pool with a setback of 11.5 feet from the front line along Nassau Point Road. Page 2 - September 25, 2003 Appl. No. 5302 - S~ Sachman and A. Quadrani 111-9-9 at Cutchogue /~ECE/VED SOAI~D OF APPEALS ADDITIONAL INFORMATION:AMENDED RELIEF: Dudng the hearings, the applicants were requested to consider moving the proposed pool location to increase the setbacks from the street, closer toward the house. On September 11, 2003, a revised survey prepared September 4, 2003 by Joseph A. Ingegno, L.S. was submitted by applicants increasing only the westerly front yard setback from Nassau Point Road by an additional 3.3 feet, for a setback at 35 feet (north end of the pool) and at 31.7 feet (south end of the pool), and 15 feet from the northerly front lot line (along Carpenter Road). The applicants, by their agent, were not receptive to submitting site maps either within the 70+- ft. wide open area between the existing accessory garage and the house, or another feasible yard location requested by the Board during the public hearing(s). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal observations of members of the Board, the Board makes the following findings: 1. Grant of the relief requested will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants wish to add an in- ground swimming pool at the westerly section of their property, west of the existing garage. The property is 36,043 sq. ft. in size, and Code Section 100-33 requires accessory structures and buildings to be located in a rear yard with a 5 ff. minimum setback from property lines, or when located in a front yard, at a minimum 40 ff. I~.rin_~ciDal ..frorttj~r.d_. et~c~. The P°°~pphcah'ts-T6 be pl~-"~-a-~.7 f~et from the Town Street and 15 ft. from Carpenter Road. This location would place the pool and related patio area and equipment close to passing vehicles, pedestrians and bicyclists, and will be more than 100 feet from applicants' dwelling. Since the pool is in the planning stages, applicants are in a position to revise the plan for alternative setback locations bringing the pool closer to their dwelling, which is presently set back 158+- feet from the westerly front yard line. This alternative would reduce the degree of the variance requested. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling is cantered on this 35,043 sq. ft. lot, having a westerly front yard setback of 158+- feet from Nassau Point Road, and 37.5 feet from Carpenter Road. Alternative locations would minimize the vadance and diminish the visual impact to adjacent lands. 3. The variance requested is substantial. Applicants request 15 ft. from the northerly front line and 31.7 feet from the westerly front line, instead of the code requirement of 40 feet when in a front yard location. The amount of relief requested in relation to the northerly setback is reduction of 62.5% and the westerly setback a reduction of 21% from the code requirement. Page 3 - September 25, 2003 Appl. No. 5302 - S. Sachman and A. Quadrani 111-9-9 at Cutchogue ~OARD OF APPEALS 4. The difficulty was self-created when the accessory pool was planned without conformity to the current Town Code requirements. 5. There are no other swimming pools in the area located close the town street or right- of-way. The location of a pool as requested close to Nassau Point Road would not provide the pdvacy that passers-by or others in the immediate area enjoy. The Board concludes that with greater setbacks from Nassau Point Road, the project will not produce an undesirable change in the physical or environmental conditions in the neighborhood or district. 6. The relief requested by applicants is not the minimum necessary, 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 Oliva, seconded by Member Horning, and duly carded, to DENY the variance, as applied for. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Homing, and Oiiva. (Absent was Member Orlando.) This Resolution was duly.adopted (4-0). Lydia A. ~o~, Chai~voman ' Approved for Filing 10//5'/0~' Office Location: Town Annex/First Floor, North Fork Bank 54375 Mm 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 ~O~o OF APPEAi.$ July 18, 2007 By Re,qular Mai~ and vax/ransm~ssion Mr. Steve Sachman c/o Ray Nemshick Nemshick Silverman Amhitects P.C. 735 Deerfoot Path Cutchogue, NY 11935 Re: ZBA File No. 6040 - Garage Setback Variance Gentlemen: Please find enclosed a copy of the variance determination granting alternative relief with conditions, rendered by the Board of Appeals at its July 12, 2007 Meeting. Please be sure to contact the Building Department in the final building permit application step, furnishing an extra copy of the enclosed variance determination with amended final documents as may be required. Thank you. Very truly yours, Kowalski Encl. Copies of Decision inter-office 7/18/07 to: Building Department APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard E Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman ht tp://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailin~ Address: Southold Town Hall 53095 Main Road · P.O. Box I 179 Southold, NY 1197 ! -0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ~C~IvED ~OARD OF,AppEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 12, 2007 ZB File No. 6040 - Steve Sachman Property Location: 4705 Nassau Point Road, Cutchogue CTM 111-9-9 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. PROPERTY FACTS/DESCRIPTION: The applicant's 35,043 square foot nonconforming parcel is located in an R-40 Low-Density Residential Zone District with 101.02 along Nassau Point Road and 360.32 feet along an unimproved right-of-way referred to on Map A of Nassau Point as Carpenter Road. The properly is a waterfront parcel with frontage along the high water mark of Little Peconic Bay and is improved with a single-family dwelling and one-story garage as shown on survey prepared by Joseph A. Ingegno dated July 13, 1998. BASIS OF APPLICATION: Request for Variances under Section 280-15, based on an application for a buiJding permit and the Building Inspector's April 9, 2007 Notice of Disapproval for an. accesso~ garage proposed: (1) at less than 15 feet from the side lot line, (2) at a size exceeding the code limitation of 750 square feet, and (3) with dormers exceeding the code limitation of 40% of the roof width. SUFFOLK COUNTY ADMINISTRATIVE CODF: The Suffolk County Department of Planning in its reply dated June 11, 2007 states that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact under Suffolk County Administrative Code Sections A 14-14 to 23, LWRP CODE CHAPTER 268 DETERMINATION:. The jurisdiction of the Zoning Board of Appeals in this application is limited to construction proposed beyond the 100 ft. setback from the existing bulkhead, and is therefore not subject to Chapter 268. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 28, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal Page 3- July 12, 2007 ZB File ~1o. 6040 - Steve Sachman CTM No. 111-9-9 ~ECE~vED E~OA~D OF AppE, dlL~ 4. The difficulty has not been self-created, based on the alternative agreed by the applicant to bring the plan into more conformity with the codes. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage, 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 Goehdnger, seconded by Member Simon, and duly carried, to DENY the application as originally submitted, and GRANT Alternative Relief with the following Conditions: 1. The accessory garage building shall not exceed 750 square feet; 2. The accessory garage building shall remain unheated and without interior plumbing; 3. The balcony is denied, and dormers shall meet code requirements; 4. Garage shall have a minimum side yard setback of 6.5 feet shown on the June 4, 2007 Plot Plan PP-1 prepared by Nemschick Silverman Architects P. C.; 5. No habitability or sleeping is authorized by this variance determination. That these ZBA conditions be written into the Building InspectoKs Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicants 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 D/L,=~io (Chairr);ra~ Oliva, Goehringer, This Resolution was duly adopted (5~'). / ~ ) . Simon, and Weisman. Ja)~s Dinizio Jr., Chairm/~r~ - [~ proved for Filing ~ Office Location: Town 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 November 13, 2007 USPS Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Mr. Ray Nemschick Nemschick Silverman Architects P. C. 735 Deerfoot Path Cutchogue, New York 11935 Re: ZBA #6082 - Variance for setbacks ('Steve Sachman) Dear Mr. Nemschick: Transmitted for your records is a copy of the Board's November 1, 2007 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Very truly yours, ~Linda Kowalski APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard E Goehfinger Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631} 765-9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF NOVEMBER 1, 2007 ZBA FILE # 6082 - STEVE SACHMAN PROPERTY LOCATION: 4705 Nassau Point Road, Cutchogue CTM 111-9-9 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under :onsideration in this application and determines that this review falls under the Type II category of ,he State's List of Actions, without further rewew under SEQRA. ~UFFOLK COUNTY ADMINISTRATIVE CODE' The Suffolk County Department of Planning in its :eply dated June 11, 2007 states that this application ~s considered a matter for local determination as .here appears to be no mgnificant county-wide or inter-community impact under Suffolk County kdministrative Code Sections A 14-14 to 23. ~WRP CODE CHAPTER 268 EXEMPTION: The jurisdiction of the Zoning Board of Appeals in this tpplication is limited to construction proposed beyond the 100 ft. setback from the existing bulkhead, md this application, therefore, is not subject to Chapter 268 as a m~nor action under the list of xemptions. 'ROPERTY FACTS/DESCRIPTION: The applicant's 35,043 square foot nonconforming parcel is mated in an R-40 Low-Density Residential Zone District with 101.02 along Nassau Point Road and 60.32 feet along an unimproved right-of-way referred to on Map A of Nassau Point as Carpenter '~oad. The property is a waterfront parcel with frontage along the high water mark of Little Peconic ;ay and is improved with a single-family dwelling and one-story accessory garage as shown on survey repared by Joseph A. Ingegno dated July 13, 1998. ;ASIS OF APPLICATION: This is an Appeal based on the August 21, 2007 Notice of Disapproval ;sued by the Building Inspector concerning a building permit application and amended plans to build new accessory garage at 20 feet in height and with a setback of 6.5 feet from the side lot line. The ~asons stated in the Notice of Disapproval are that an accessory garage on a 35,043 square foot arcel in an R-40 Zone is not permitted under Section 280-15, and in the case of a waterfront parcel, :cessory structures may be located in the front yard, provided that such buildings and structures met the front yard principal setback requirements as set forth by this code, and the side yard setback ~quirements for accessory buildings in Section B above. On lots between 20,000 and 39,999 square Page 3 - Noveml~er 1, 2007 ZBA No. 6082 - Steve Sachman CTM 111-9-9 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 Weisman, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the plot plan (PP1) and set of architectural drawings (Al, A2, A3) provided by Nemschick Silverman Architects P.C. dated July 5, 2007, revised 8/21/07, subject to the following Condition: No habitability or sleeping is authorized under this variance determination. that this condition be written into the Building Inspector's Certificate of Occupancy, when issued. .amy deviation from the variance given such as extensions, or demolitions which are not shown on the ~pplicant's diagrams or survey site maps, are not authorized under this application when involving aonconformities 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 Lhan such uses, setbacks and other features as are expressly addressed in this action. l~he Board reserves the right to substitute a similar design that is de minimis in nature for an ·lteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0)./q Jg~es Dinizio J~., Ch~r~nan~ 11/ t ¥ /2007 ~pproved for Filing APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard E Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P,O. Box I 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sou tholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Upd 10/31 AGENDA ZBA REGULAR MEETING THURSDAY, NOVEMBER 1, 2007 - 6 P.M. Place of Meeting: Town Annex, NFB Building, 2nd Floor, ExecutiVe Board Room, 54375 Main Road at Youngs Avenue, Southold. Call to Order by Chairman James Dinizio, Jr. I. STATE ENVIRONMENTAL QUALITY REVIEW: Resolution to determine Type II Actions (no further step required for dimensional variances, accessory use special permits (accessory apartment, accessory bed and breakfast). [I. RESOLUTION/DELIBERATIONS/DECISIONS: PHs concluded 10/18: GERALD and DOROTHY WANSOR #6074. Request for Variances under Sections 280-122A and 280-124, based on the Building Inspector's July 25, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz Application) for the reason that proposed alterations to existing single-family dwelling, additions, and attaching garage for conversion to living space, will increase the degree of nonconformance when located less than 40 feet from the front lot line (along Haywaters Road). Location: 1525 Vanston Road a]kIa Old Cove Road, Cutchogue; CTM 111-4-12. ALBERT and SUSAN ARIAS #6065. Request for a Variance under Sections 280-104 and 280-124, based on the Building Inspector's May 29, 2007 Notice of Disapproval, which states that the proposed additions and alterations to the existing single-family dwelling will be less than 32.4 feet, the average front yard setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district, at 195 Oak Avenue, Southold; CTM 77-2-10. · M. and B. NEUMANN #6077. Request for a Variance under Section 280-15, based on the Building Inspector's June 28, 2007 Notice of Disapproval concerning a proposed accessory swimming pool, partly in a side yard instead of a rear yard, at private right-of-way extending from the north side of Grand Avenue (House #3329), Mattltuck; CTM 107-1-12. JOSEPH FINORA and MARY GRACE #6080. Request for a Variance under Sec. 280-124, based on the Building Inspector's amended August 15, 2007 Notice of Disapproval ~CE./VED Page 2- Agenda ulodated 10/31/2007 SpecialMeeting: November 1, 2007 S0uth01d Town Zoning Board 0f Appeals ~30A~o OF APPEALS concerning proposed additions and alterations to dwelling at less than 35 feet from the rear lot line, at 375 Wells Road, Laurel; CTM 126-8-18. STEVE SACHMAN #6082. This is an appeal based on the August 21, 2007 Notice of Disapproval issued by the Building Inspector concerning a building permit application and amended plans to build a new accessory garage at 20 feet in height and with a setback of 6.5 feet from the side lot line. The reasons stated in the Notice of Disapproval are that an accessory garage on a 35,043 square foot parcel in an R-40 Zone is not permitted under Section 280-15, and in the case of a waterfront parcel, accessory structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements as set forth by this code, and the side yard setback requirements for accessory buildings in Section B above. On lots between 20,000 and 39,999 square feet, for an accessory building measuring up to 20 feet in height, the required side yard setback is 15 feet. Location of Property: 4705 Nassau Point Road, Cutchogue; CTM 111-9-9. DANIEL and ELAINE O'CONNELL #6084. Request for a Variance under Section 280-124, based on the Building Inspector's August 1, 2007 Notice of Disapproval concerning proposed additions and alterations to an existing single-family dwelling, for the reason that the new construction will be less than the code-required 35 ft. side yard setbacks (total), at 1205 Waterview Drive, Southold; CTM 78-7-16. HOUSE OF DAIGE #5926. This is an Appeal: (1) requesting a determination that will recognize a 6,000 square foot lot for the purpose of adding a single-family dwelling, instead of its present zoning restrictions adopted on September 29, 1969 under Appeal No. 1290, which application requested a split of the property to allow a 6,000 square foot portion to be used as a garage, as an accessory to the applicant's home across the street in 1969, resulting in the remaining portion of the land, now CTM Parcel 52-3-14.1 (now or formerly Hoffman), and (2) based on the Building Inspector's May 30, 2006 Notice of Disapproval, requesting a Variance to build a dwelling with side yards at less than the code-required 25 feet (combined setbacks), after removal of the garage. Location of Property: 1195 Ruch Lane, Greenport; CTM 52-3-13. )thers Pending Receipt of Additional Information and Tabled from 10/18/07 PHs: ANTHONY BONAGURA and BARBARA BONAGURA #6081. Request for Special Exception under Sec. 280-13B of the Zoning Code for an Accessory Apartment (as-built/without permits) with owner-occupancy in the existing single-family dwelling, with recent additions and enlargement (open Building Permit #32609-z), at 900 Holbrook Lane, Mattituck; CTM 113-6-11. LAURA A. WEIL #6078. Requests for Variances under Sections 280-122, 280-124, 280-116B, based on Zoning Code Interpretation #5039 (Walz Application) and the Building Inspector's July 30, Notice of Disapproval concerning proposed additions and alterations to the existing dwelling, which new construction when located less than 35 feet from the front lot line and less than 35 feet from the rear lot line will create an increase in the degree of nonconformance. New construction is also proposed at ]ess than 75 feet from the bulkhead. Location of Property: 2760 Village Lane, Orient; CTM 26-1-20.1. PETER and SHARON MANGANIELLO #6066. Amended application requesting a Variance under Section 280-116A.2, based on an updated survey and the Building Inspector's Page 3- Agenda upclated 10/31/2007 ~pecial Meeting: November 1, 2007 ~0uth0ld Town Zomng Board 0f Appeals I~OARD OF App~4Ls October 2, 2007 amended Notice of Disapproval concerning as-built deck additions to the existing single-family dwelling, for the reason that the construction will also be less than 100 feet from the ordinary high water mark of the Long Island Sound (in addition to setback and lot coverage variances published for a public hearing held September 13, 2007), at 58315 County Route 48 (a/k]a North Road), Greenport; CTM 44-2-12. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Dates of Meetings (Remainder of 2007): 11/1 at 6 PM; 11/15 at 9:30 AM; 12/6 at 6 PM; 12/20 at 9:30AM. B. New business items (t/b/d). C. Resolution to accept Minutes ofZBA 9/~07 Special Meeting and October 18, 2007 Regular Meeting. D. Work Session Discussion: Board Appointments E. Work Session, continued: l~Ionthly Reports (RO, LKW, MS, GG) Town Board Committees: Planning & Zoning Code Conunlttee LWRP Council Enforcement Committee Drainage Committee Ham]et Study Committees F. Correspondence from Eugene L. Daneri requesting meeting to discuss Board's recent determination # 6029. EXECUTIVE SESSION (litigation updates: Daneri v. ZBA; Zupa v. ZBA and Paradise Point ~ssociation (Order to Show Cause with Petition; also Supplemental Summons and Complaint). APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Octobor 17, 2003 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldtown.northfork.net By Fax and Requ ar.Ma Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches NY 11940 Re: Variance Application (Sachman and Quadrani)\ Dear ~ano: Enclosed please find a copy of the Board's determination regarding the above request for a zoning variance. Please be sure to follow-up with the Building Department and other agencies having possible jurisdiction in this proposal. When submitting final drawings and any other required documentation to the agencies, you may want to provide an extra copy of this determination during the agency final reviews. Thank you. Very truly yours, Enclosure Copy of Decision to: Building Department ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M~NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma~n 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 29, 2009 Zoning Appeal No. 6366 Transmitted herewith is Zoning Appeals No. 6366of Nemschick Silverman Architects~ P.C~ for Steve Sachman & Alexia Quardrani - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated December l, 2009, Authorization Letter from Steve Sachman to Nemschick Silverman Architects P.C., Board of Appeals Number 713 Dated September 24, 1964 (2 Pages), 2 Pages of Findings & Determination from Board of Appeals Number 5171 Dated October 3, 2002, 3 Pages of Findings & Determination from the Board of Appeals Number 5302 Dated September 25, 2003, Letter from Board of Appeals Dated July 18, 2007, 2 Pages of Findings & Determination from the Board of Appeals Number 6040 Dated July 12, 2007, Letter from Board of Appeals Dated November 13, 2007, 2 Pages of Findings & Determination from the Board of Appeals Number 6082 Dated November 1, 2007, 3 Pages of Agenda Meeting Dated November l, 2007, Letter from Board of Appeals Dated October 17, 2003, Copy of Property Record Card (Both Sides), Copy of Building Permit Number 34197 for Accessory Garage, Survey of Property Showing Existing Construction Updated June 4, 2008 Prepared by Nathan Taft Corwin IIi Land Surveyor, Plot of Property Showing Existing & Proposed Construction, 5 Pages of Plans Showing Floor Plans, Elevations & Sections. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/29/09 * * * RECEIPT * * * Receipt~: 63853 Transaction(s): 1 I Application Fees Reference Subtotal 6366 $400.00 Check#: 158 Total Paid: $400.00 Name: Clerk ID: Nemschick, Lisa & Ray Po Box 918 735 Deerfoot Path Cutchoclue. NY 11935 CAROLH Internal ID: 6366 Office Location: Town Annex/First Floor, Capitol 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, APRIL 22, 20t0 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 11971-0959, on THURSDAY, APRIL 22~ 20t0: 11:05 A.M.S. SACHMAN & A. QUARDRANI #6366. Request for Variances from ZBA Grant # 6040 dated 7112/07 and ZBA Grant # 6082 dated November 1, 2007, based on an application for building permit and the Building Inspector's December 4, 2009 Notice of Disapproval concerning proposed cabana and half bath in accessory garage which is a deviation from prior grants, at 4705 Nassau Point Rd., (adj. Little Peconic Bay) Cutchogue, NY. CTM#111-9-9. 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.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 t197t-0959 #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) REC~ED APR 2 0 2010 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 dayof April, 2010. Principal Clerk Sworn to before me this ]j dayof ~//~5~(~'(/ 2010. NOTARY PUBLIC-STATE OF NEW YORK NO. 01 -V0610§050 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.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 1st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner1 to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hear n,ql providing 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 Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SACHMAN, S. # 6366 MAP #: 1000-111-9-9 VARIANCE: RELIEF FROM PRIOR GRANTS REQUEST: PROPOSED CABANA + 1/2 BATH IN ACCESSORY GARAGE DATE: THURS, APRIL 22, 2010 1 1:05AM 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 /2887 87:31 631765~ ZBA ZONING BOARD OF'APPEALS TOWN OF SOUTHOLD: NEW YORK in the MaU:e,' of the Application of (Name of Applicants) CTM Parcel #1000- PAGE 04 RECEIVED U/// BOARD:OF APPEALS AFFIDAVIT OB MA[LINGS COLrNTY OF SUFFOLK) STATE OF NEW YORK) l,~-k-")~' X"aXc"c'~-'°'3esidi,.tgat %<~ ~,.-.~,%.q..~ ~. ~x~.~ . , New York, being duly sworn, depose a~d say that: On the ~"~ day of ~¢~% .... 1 personally mMl~ at the U filed Stoles Post Offica in 5¢~ .,,~ . New York, by CPRq'~D ~IL, ~'~N R.ECE~T ~QUESTED, a Irue copy of the allached ~gal Notice in prepaid envelops ad~ess~ to cmcnt o~rs sbo~ oa the current assessment roll verified from the o~cial r~or~ on rite ~fl~ the ( ~ Assessors, or ( ) County Real Proped~ Office . for eve~ proped:y which abuts and is across a public or pri.v}ae streeL or vehicular right-of-way of record, s~otulding the applic~t's pro[tarry. Sworn to befo.r9 me this 5'~ dayof~. , (Signakure) I. AWRENCE If BILVERMAI~ Notary Public, State of New Y~I~ Reg. No. 01SI4977025 Oualified in Suffolk Cour~ty ~, ~ommisaion Expires Janua[y 22, ~ PLEASE list, on the back oftb/s Affidavit or on a sheet of paper the lot nmnbers next to dxe -o~ler nmue-q-and~addresses-fon-wllidrrrraices were mallEd7'Ttfiliik~ -'7' Postage Cee]fiedFee Return ReceiptFee (Endorsement Required) $2.80 $2.30 O?82 Postmark Here Tote] Postage & Fees $ $5.~J/-I 031~)12010 Ci~/, State. ZIP+4 Postage Certified Fee Return Receip Fee {Endorsement Required) Restricted Delivery Fee (Endorsement Requgeq) Total Postage & Fees 0?82 $2.80 12 Postmark $2,~0 Here SO.(X) $ $5.54 03./30/2010 Certgiecl Fee Return Receip Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees O?82 03/30/2010 ZONING BOARD~F APPEALS TOWN OF SO~LD: NEw YORK Ill the Matler of file Appl cation of (Name of Applioants) Regarding Posting of'Sign upon Applicant's I_and Identified as 1.000- - COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING _~Uf~H'~'~ilg i'}qew York, being duly sworn, del--~,se and sa), that: C)u thea/4~__day of~. /~I...[ ....... I persooally placed tho Tow~Cs otlicial Poster, w/Iii the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closet' from the street or right-of-way (driveway entrance) -- facing the street er facing each street o1' right-of-way emralme;* at~d that [ hereby confim~ thai the Poster has remained in place for scvetl days prior Io ll';ht date of t m subiecl hearing date, which hcaring date was storm lo hc _/~__PRiII- ~_~D ~,AWRENCI~ E. 81LVERMAN Notar~ Public, ~tate of New YO~ Reg, NO. 01S[4977025 Oual)ied in Suffolk Coun~ I ~ssion ~ires ~u~ ~, ~ *Ileal' the o~tralloe or driveway ent~'ance of my propelly, as the area mos! vfs ~1¢ Io passe/'ab,/ · Complete items f, 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 mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number A. S?na/ture B. Received by ( Pdnte~d Name) ~-C. Date of Delivery ~. Is de~ivery address different ffom ttem l ? i--lyes If YES, enter daiivery address below; I-I No 3. S trice Type ~ RC~1;iteedmdMail - [] Insured Mall [] Express Mail [] Retum Receipt for Merchandise [] C.O.D. 4. Restricted DeliveG,? (Extra Fee) [] Yes (Transfer from service label) r PS Form 3811, February 2004 7005 3110 0000 7316 4044 Domestic Return Receipt 102595-02-M-1540 · 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 mailpiece, or on the front if space permits. 1. Artiaie Addressed to: A. Signature X r [] Agent Y ( C. Date of Delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type ~--Certified Mail [] Express Mail U Registered [] Retum Receipt for Merchandise I[] Insured Mall [] C.O.D. J 4. R~stlicted De?~l~ {Extra Fee) [] yes 2. Article Number (Transferfromservicelabel) r~ 7005 3110 0000 --7316 3849 i PS Form 3811, February 2004 Domestic Return ~~02-Mq540 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article ^ddressed to: X i-] Agent [] Addrescoo Rebeived b, C. Date of Delivery D. Isdeliver~ different fromitem 17 [] Yes If YES, enter daiiver¥ address below: [] No 2. Article Number 7005 3110 0 [] Express Mail [] Registersd [] Return Receipt for Merchandise r-i Insured Mall [] C.O.D. 7316 3832 PS Form 3811, February 2004 Domestic Return Receipt Notice received April 3, 2010 Board of Appeals Town of Southold RECEIVED ¢ BOARD OF APPEALS Regarding legal notice of neighbor S. Sachman request for variances concerning newly built garage. 1 must admit I never heard of a bath and sink needed in a garage or all those windows either, but my concerns are more due to drainage and the concrete walls. As, I will be out of town until first week in May, I am inquiring about: * 1 .) Where will the new drain pipes empty? Since the last construction, with the change of the slanting of land from the concrete walls and the additional drains, not only has the public walkway and under their stairs washed away rapidly, but also our adjoining land. (We had to add emergency railroad ties to stop some of the erosion this year). I am concerned about any additional drains?. More addition to concrete walls (42') - it is beginning to look like N.Y city. Why were they not required to cover wall with plants or something on the pubic side? May even help catch some of the excess water. *2) Question....Is there a drywell for pool emptying? It cannot be allowed to empty into the walk way as there will be too much damage? *3) As we still use well water I question if the septic tanks should be more than 10' away from water/wells. Thank you for your time in reading this. As a long time resident l under stand and appreciate progress will take place but I believe we have to consider our neighbors and guard their rights also. Thank you, Mrs. Joan Kubec 4565 Nassau Point Road Cutchogue, N .Y. 11935 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 SOLITHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 January 8,2010 Mr. Thomaslsles, Director Suffolk County DepartmentofPlanning 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 # 6366 Owner/Applicant: Sachman, Stephen N. & Quardrani, Alexia Action Requested: Within 500 feet of: Alterations to an accessory garage. ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard/~ ZBA ¢~,i 3n°aenhr~nger/'~' /] N 78'36'20" E ~ _ / ~_ I .... I 360.32' ~Ui ~U '~ ~-"-"--"-D-"-."..'-.", ',,',, ",' ' ~, ~ ~ : ~ ~ ~ NASSAU POINT ~ ~ ',~'. x ", 'qr ~ ~m~ ."~'~ ~ .,~ ...... "-."~'-."-~'-.'-,'.',,",~,',~i[~ ~ ~ ~ m TOWN OF SOUTHOLD A~ ~ - ,,L'V,r~*, ', ~ ~ * ~' *~ / . ' ~ . ~ ', ~ t' ' ~ ~ ~ I ',I ~ ~ ' SC TAX No. I000-111-09-09 ~ Z ~ I ~ ~ ~ ~.t~', ~ ~ ~ ~ ~ '~X .-~---~ .. A . I ~ ~ ~~ ~ ~ )~ ~ I ~ AUGUST 12, 2003 R~SEO PROPOSED POOL ~ ~ ~ % ~ J~ ...... ~f/ ~,~ .--~. '~ ~, ~ ¢--% ,*~ ~ .... q~ :,~,~ ..... ,,, ,,,,, ~ ~ ../~ . ~'~"-.~ -~ ,~h.~/~ / : ~~~'~.~.~, ,,, ,,,,,,,~ . ~ I ~ .... ~ , L_ ~ ........ I r~u~ ~u~ ~ I P~PA~ENT 5 APPROVAL ~TA~ / PLAN ~ter Line(s) MUSTBe Ins.~t~ B, ~- ~/c~/~ ¢-f i ~ ~ ~) ; . _ A~O~ : ' ~ 0 ' ~ , ~- - -~...... ,---~-I~ -,~, ~ ~ = o ~ ~ ~ ... TANK / LEACHIN POOL Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 11, 2010 Ray Nemschick Nemschick Silverman Architects, PC 430 Green Way Cutchogue, NY 11935 Re: ZBA # 6366, Sachman and Quardrani Dear Mr. Nemschick: 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. Vicki Toth Encl. NOTICE ~ COUNTY OF SUFFOLK (~ [TE~:TION'~:[[ "" ~ Reel Property Tax Service Aoency Tom o~ SOUTHOLD · s~?.o 1000 SECTION NO 111 PROPERTY