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HomeMy WebLinkAbout6154Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE # g/Sq- N ne: Tax Map #:/0 t)O-- 3 1 - ] ~ -- ] [ Location: I BOOO ./L4d [ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn application). [.>~ ] NO REFUND DLrE, based on time spent for Town to process application and heatings. [ ~:~ ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were r?urned to applicant early in process, as requested by applicant.) FORM NO. 3 NOTICE OF DISAPPROVAL TO: Group Intemational Associates (Traendly) 3 Tall Tree Circle Jamesport, NY 11947 DATE: January 30, 2008 Please take notice that your application dated January 7, 2008 For permit for demolition of an existing garage and construction of a new single family dwelling at Location of property: 13000 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 14 Lot 11 Is returned herewith and disapproved on the following grounds: , The proposed construction, on this non-conforming 7,087 square ~t lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 2,00-,i-'24, which states that non-conforming lots, measuring between less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, and a minimum front yard setback of 35 feet. Following the proposed additions and alterations, the dwelling will have a single yard setback of +/- 2 feet, a total side yard setback of 7 feet and a front yard setback of 25 feet. This Notice of Di~pp~,val was based on a survey by Louis G. Schwartz, dated 11/28/07 ~~ori~zed !ni :~ge o) deviation to the abovlee~renced application, may require CC: file, Z.B.A. TO: FORM NO. 3 OARD OF APPEA .I DATE: Janu~ 30, 2008' AMENDED & ~NEWED: July 18, 2008 AMENDED: July 25, 2008 Group International Associates (Traendly) 3 Tall Tree Circle Jamesport, NY 11947 Please take notice that your application dated January 7, 2008 For permit for demolition of an existing garage and construction of a new single family dwelling at Location of property: 13000 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 1~4 Lot 11 Is retumed herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 7,087 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, and a minimum front yard setback of 35 feet. Following the proposed additions and alterations, the dwelling will have a single yard setback of +/- 2 feet, a total side yard setback of 10 feet and a front yard setback of 20 feet. In addition~ the subiect lot has merged with an adiacent lot to the northeast (SCTM # 1000-31- 14-12) pursuant to Article II Section 280-10~ which states; "Merger. A nonconforming lot shall merge with an adiacent conforming or nonconforming lit which has been held in common ownership with the first lot at any time after July Iv 1983. An adiacent lot is one which abuts with the parcel for a common course of fifty {50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." This Notice of Disapproval was based on a survey by Louis G. Schwartz~ dated 11/28/07 and amended based on an updated survey~ dated 7/15/8~ and on 7/25/8 to address merger. ~h'6rize d Slgnat~e -- Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Depa~ment. CC: file, Z.B.A. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James King, President Town of Southold Board of Trustees From: MarkTerry, Urincipalelanner '.~ LWRP Coordinator Date: May 10, 2007 Re: Request for Wetland Permit for HENRY H. TR~NDI4~,,& BAt~,,~. CADWALLADER SCTM# 21-14-11 THIS PROPOSAL IS LOCATED ADJACENT TO ORIENT I~3~?R, A~EW YORK STATE SIGNIFICANT COASTAL FISH AND WILDLIFE~I~/TAT. THE PROPOSAL IS LOCATED IN AN AE FLOOD ZONE (ELEVATION 9). HENRY H. TRAENDLY & BARBARA A. CADWALLADER request a Wetland Permit to expand an existing beach cabana and garage and construct a single-family dwelling with decks and garage. Located: 13000 Route 25, East Marion. SCTM#21-14- 11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standard 4.1 Minimize losses of human life and structures from flooding and erosion hazards. ~rlng By M~D~nald ~e~science 5/10/07 / / / / / / / / Ncr~e: All sani~'ary ir~-h311o~on shall comply wlfn fne Iof~ ~uffolk C~u~ Dep~en~ o? Heol~ ~ic~ ~nd~rd~. Main Road (SR 25) Line ~ H~y~le~ -- -- Top oF Wall El 10.0 EL Orient Harbor Firm Zone/NE (El 9) (Paml ~) 1OOO ~d ~ep-rfc T~nk 0¢dl ~cale 1/~'= 1' / / I / / / / / / DIAMOND BOARD OF Al ~HALLOW ~Y~TEM LEACHIN~ POOL DETAIL OF FREE 10 60 DRAINING AGGREGATE DIA. DRAIN TILE (EL. VARIES) COMPACTED GRANULAR BASE LEVELING PAD /~TN AN C H O R DIAMOND® ~TY WALL El. O¢¢um U~CZD ~1~'¢ Plan Eased on ~urvey by Kennefn M. Woychuck Daq-ed 1/30/07 ~oni~ry 1. There i* no public well or sewage sW~'em wi*bin 15OO'. r~ o <i C Z 1" = Site Plan PAGE 1 OF 1 $ ~= / ,' MainRoad (SR25) ~ . ,, ' ~, ~ Hou~ and Porch 1.115 ~or 15.7~ ~ ~ -, ~, ~ , CAp BLOCK ~ ~ SLOPE ~Y VARY I In~ll (2) 8 Diem by ¢ Deep ~1~ ~ ~ ~ ~ % % ~ s¢¢c ~nk DIAMOND BLOCK~ ~ I / AANBHDR DIAMBND* ' I /~/ ~ ,o~ / / x /S~AV~ WALL _ 1"= 20'  ./~' 1. ~ere i¢ n0 public well or sewage ¢~em wl~ln 15OO. EI~, 8.0 Elev. ~,2 j Elev, %1 Pr~le ~ ~h ~de Wne j / EL %, / / / / I Hou~ and Porch ---~ q · 4.7 ~¢1' ~ OrJenfi- Harbor %. EL / Ex. ,~e~c ~,stem I I / / / / / / CBAN ~ H 13 R DIAMI3ND® SI~ I=fan ~:~,med on ~urvey by I~.~ M. Wcyd~ck DaSd 1/-~0/07 SCALE: Site Plan S-1 PAGE I OF 1 5.1 The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards. Restore the Town of Southold's water quality by limiting major sources of surface water quality impairment. 2. Reduce nitrogen discharges sufficient to achieve dissolved oxygen levels that would limit the occurrence ofhypoxia. Prevent point source discharges into Southold's coastal waters and manage or avoid land and water uses that would: 1. exceed applicable effluent limitations, or 2. cause or contribute to contravention of water quality classification and use standards, or 3. adversely affect receiving water quality, or Ensure effective treatment of sanitary sewage and industrial discharges by: 1. maintaining efficient operation of sewage and industrial treatment facilities 2. providing, at a minimum, effective secondary treatment of sanitary sewage and where discharge to the groundwater is warranted, requiring sufficient treatment of sanitary sewage to avoid negative impacts to the sole source aquifer providing and managing on-site disposal systems: a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, c. encourage the evaluation and implementation of alternative or innovative on-site sanitary waste systems to remediate on-site systems that currently do not adequately treat or separate effluent, d. encourage the use of alternative or innovative on-site sanitary waste systems where development or 5.4 redevelopment of grandfathered parcels would otherwise increase the level of negative impacts on ground or surface waters, including wetlands. Limit the potential for adverse impacts of watershed development on water quality and quantity. Protect water quality by ensuring that proposed expansion or intensification of existing watershed development results in: 1. protection of areas that provide important water quality benefits 2. maintenance of natural characteristics of drainage systems, and 3. protection of areas that are particularly susceptible to erosion and sediment loss Limit the individual impacts associated with development to prevent cumulative water quality impacts which would lead to a failure to meet water quality standards. Homes in the area are not serviced by public water. Therefore, please address the following policy standard. 5.5 Protect and conserve the quality and quantity of potable water. Prevent contamination of potable waters by limiting discharges of pollutants to maintain water quality according to water quality classification, and limiting, discouraging or prohibiting land use practices that are likely to contribute to contravention of surface and groundwater quality classifications for potable water supplies. Prevent depletion of existing potable water supplies by limiting saltwater intrusion in aquifers and estuaries, through conservation methods or restrictions on water supply use and withdrawals, and by allowing for recharge of potable aquifers. Limit cumulative impact of development on groundwater recharge areas to ensure replenishment of potable groundwater supplies. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.1 Protect and restore ecological quality throughout the Town of Southold. Avoid adverse changes to the Long Island Sound and the Peconic Bay ecosystems that would result from impairment of ecological quality as indicated by: Degradation of ecological components Degradation occurs as an adverse change in ecological quality, either as a direct loss originating within the resource area or as an indirect loss originating from nearby activities. Degradation usually occurs over a more extended period of time than physical loss and may be indicated by increased siltation, changes in community composition, or evidence of pollution. Functional loss of ecological components Functional loss can be indicated by a decrease in abundance of fish or wildlife, often resulting from a behavioral or physiological avoidance response. Behavioral avoidance can be due to disruptive uses that do not necessarily result in physical changes, but may be related to introduction of recreational activities or predators. Timing of activities can often be critical in determining whether a functional loss is likely to occur. Functional loss can also be manifested in physical terms, such as changes in hydrology. Protect and restore ecological quality by adhering to the following measures. 1. Maintain values associated with natural ecological communities. Each natural ecological community has associated values which contribute to the ecological quality of the Town of Southold. These values should be assessed on a case-by-case basis. 2. Retain and add indigenous plants to maintain and restore values of natural ecological communities. a. Protect existing indigenous plants from loss or disturbance to the extent practical. b. Include use of suitable indigenous plants in the landscaping plans for new development and in redevelopment projects where loss or disturbance of existing indigenous plants could not be prevented during construction. Avoid fragmentation of ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. a. Each individual resource area should be maintained as a complete contiguous areas to protect the area's natural resource values. Specifically, actions that would fragment the ecological community into separate ecological islands should be avoided. b. Where fragmentation of ecological communities has already occurred, the adverse effects of fragmentation can be mitigated by maintaining or providing connecting corridors to allow exchange of biological resoumes. Maintain ecological integrity of particular locales by maintaining structural and functional attributes, including normal variability, to provide for self-sustaining systems. Avoid permanent adverse change to ecological processes. Reduce adverse impacts on ecological quality due to development. 1. Reduce adverse effects of existing development. 2. Mitigate impacts of new development. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new residence from the mean high water is 93 feet~ the proposed distance from the sanitary system to the mean high water is 65 feet~ a minimum setback distance of 100 feet from the wetland line is required for a residence and a sanitary leaching pool pursuant to Chapter 275-3.Findings~ purpose[ iurisdiction[ setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. EPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE April 17, 2008 APR 2 3 2007 i BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 1197l Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Tumbull 6152 Kenin 6153 ' Traendly* 6154 Conklin 6155 Scourakis 6157 *The number and degree of variances sought may warrant a denial of the application. Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-51 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 IELECOPIER (631) 853-,4t · i ~1 ~7 OFFICE LOCATION: ./ (eot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Sou~hold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~ LWRP Coordinator May 28, 2008 Request for a Variance Traendly ZBA#6154 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to § 268-3. Definitions, item F. which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] Please contact me with any questions. Prop. ~rade I;~ec]r E~x. 2nd Flor ~ E~emen~' Top ~ Fo~ng I Peak El ~l.& 2nd FI El 23.& FF El 15.Q .... El 10.0 ~ B~l~w ~rade Fr~n*/l~ear Elevation - I O. 077~%fa' <~ 12 &.O0 2nd Fl=or lsf Floor 2nd FI El Oemollshed I .J ide El v='rion ~'-- Proposed D.~or ~rad~ ~110.00 ! E~uilding Diagram 13000 Main I~ (~I~ 2_.5) Orien'r, Town o~ ~ou~old '~'~ Pre. red By Tiderunner ~nglneerlng ~ ~Jgn, IF~: $ SCT~ ~OOO section ..~1 mock Name of Representative: ~or ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Entail: Pie~ ckeck box to specify wko yo~ whb corresp~nulence to be mmled t~ from tke ~ n~ [] Applicant/O~vner(s}, or [] Authorized Representative, or [3 Other Name/Address below: / ~P~CA~ONDA~D 01/o ~/0~ FO~/ ~l~ng Pe~t ~ CeaSe ~ O~up~y ~ ~-Ce~c~e +~ O~up~y ~ Ch~ge of U~ ~ ~it for As-Built Const~t~n ~e~ and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. De eot quote thc code.) Aniclg~'~lll Sec'tion280.._'~10(~, Subsectiion ( ~'~ Type of A/ppeaL An Appeal is made for: . {~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access r~luired by New York Town Law-Section 280-A. E} laterpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal E] has, 61/has not been made at,my time with v~spect to this property~ UNDER Appeal No. __Year __. (Please be stwe to res~at~ before coml~'-tbg gtis tluestlo~ or call our o~ce for osststance.) REASONS FOR APPEAL (add/t/ona~ s/u~s m~, by ~d M~A ~/A~..r's s~rn~are): ARF. A VARL4NCE RF. ASON~? (1) An undesirable change wm not be produced In the C~iARACTER of the neighborhood or a detriment to nearby properties if granted, becime: ~_~-~-' Q-O ~ ,~o ~- ~ (2) The benefit sought by the applicant C~NOT be a~hlevl~l by some method feasible for the applJcautt°pursue'°therthananareavarlam~e'because:'l'~ '~ ~[0--'~ ~ f~_t-¢~ '-~.~ (3) The amount of ~eUef ~equested is not subst,~nfial because: ~ (~ (~i (4) The varlan~e will NOT have an odvene eff~et or hnpa~t o~ the physical or environmental eondiflom (~J~s°tl~ ~l~)~e'-d;~fl~culW~b~eOn~s~'~-t~n~.~; ( )Yes, or dNo. Are there Covenants and Restrictions concernisg this land: ~/Ne. [~ Yes (v~ease This b the MINIMUM that is necessary and fldequate, and azt thc same time preserve and protect the eharaeter of the neighborhood and the health, .~afety, and welfare of the communily. Sworn to I~qfgre me 01is / ~ ' -~ ~ dny of_.. ,4~, 2O o~ . ~ APPLICANT'S PROJECT ~For ZBA gefe~noe) I. For Demolition of Existing Buildinj Areas Please describe ar~as being removed: II. New Construction Areas (New Dwelling or New Additions/Exten:lions): Dimensions of first IIoorcxteasio~: O-'/- ~ y~ ~ 0 Dimensionsofnew second floor: ~"/.~ ~ Ii-e9 Dimemioas of flour above second level: ~ Height (from finished ground to top of ridge): L~ ,:~ '-t~c~'l ~ ~ / Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from nataml existing grade to lust floor: g',/C~ III. Pruposed Construction Description (Alterath~s or Stmctm'al C ~umges) (atmoh extra sh~ if nec~saa~) - Please describe building areas: Number of Floors and General Characteristics BEFOKE Alteratiom:: __ /kJ '~i' ' Number of Floors end Changes WITH Alu~rstions: IV Calculatiom of building areas and lot coveral,,e (from surveyor) Erastmg squ~e footage of buildings on your properly: ___~1 ~- ' Proposed increase oflmilding coverage: I "90 · Square footage of your lot: Percentage of coverage of your lot by building area: , I VI. Please describe the land contours (fiat, slope %, heavily woided, marsh area~ etc.) on your land and bow it _relates to the difficulty in meeting tbe code requirem~mt($ Please submit seven (7) photos, labded to show d~[ferent angles of yard areas after staking comers for new con~struction), and photos of building arm~ to be altered with yard view. 7/2002; 2/2005; 1/2007 FROM : HANK PHONE NO. : 516 76? 839~ 3ul. 17 2008 12:32PM Pi HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 LeOA July 17, 2008 By FAX to: The Southold Zoning Board of Appeals ["ZBA'] Subject: Our Amended appeal [ZBA # 6154] re our property designated by the Suffolk County Tax Map as # 1000 31 14 11 We thank the ZBA for its advice and directions during the May 29, 2008 Hearing and for the opportunity to re-present our modified application reflecting mitigating changes. As a result of the hearing and subsequent clarifications of issues, we directed our engineer to alter the site plan to reflect the directions and guidance from the ZBA as we understand them. The following is a list of modifications as they are depicted on the 07/I 5/08 site plan [submitted separately] 1) East side yard - expanded to 8.0' [2.8' or 53.8%] by reducing home width. 2) West side yard - All home roof gutters to contain roof run-off and be piped into dry wells. This side yard remains as it was since the lots recognition. 3) Further to the above, all roof soffets will be limited to 12" or 6" less than Town Code, to protect adjoining properties from roof run-off. 4) Front yard - elongation of the bnilding towards the road side 5) Back yard - to a lesser extent, elongation of the building. 6) The engineer has darkened the site plans property elevations and contours which were previously provided but too faint for good copy resolution. None of the above modifications contradict or otherwise contravene permits or exemptions already granted to us by the Board of Trustees or the LWRP and no modifications create characteristics uncommon to the neighborhood. FROM : HANK PHONE NO. : 516 769 Jul. 17 2008 12:H3PM P2 We have persevered long and hard for over two years working with Southold Township regulatory boards and departments and other jurisdictional authorities to comply with their rules, regulations and relief guidelines and we have made progress in our quest. At this time we wish to restate that we believe we have complied with the ZBA guidelines and directions and further, that we intend to continue to cooperate. As a result, and based on the merits of our pleadings, we respectfully request that the ZBA consider our applieation for relief and grant it as is within its authority to do so. Resp I HENRY H TRAENDLY BARBARA A CADWALLADER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 779 3167 BY HAND ~ ,_.?~ ? To: The Southoid Board Of Appeals RE: Our Notice to the Southold Building Department of our appeal [ZBA # 6154] to you regarding our property designated by the Suffolk County Tax Map as # 1000 31 14 11 2008 '~,~g OF APPEALS On July 17, 2008 a notice of our revised appeal was delivered by hand to the Building Department Office. A true copy of the revised site plan was attached to the notice. Respectfully ~ ~ ~q h~'~d~q'f~n~y & B rb~aJA Cadwallader / TOWN OF SOUTHOLD BUILDING DEPARTME]~r TOWN H~LL SOUTHOLD, NY 11971 TEL: (g31) 76~-1802 FAX: (631) 765-9502 www. north fork. net/Sauthold/ PERMIT NO. & BUILDING PEPon~f APPLICATION CHECKLIST 4 ae~ of B~lding plato Ch~k * ~ ~aP~fi~MUS~be~pl~dyfi~by~~d~e~l~g~s~t~3 b. Plot plm ~o~g I~fi~ of lot ~d of b~l~gs ~ ~ mlafi~ip to Mjoin~g ~isea ~ ~b~ g~, ~d w~ys. c. ~o w~ ~v~ by t~s a~li~fi~ my not bo ~M bof~ i~ of Bffild~ P~it. d. U~n ap~wl offs appli~fi~ ~ Bu~d~g ~t~ ~fl i~o a Bufld~ P~I ~ ~e applier Su~ a ~it shall ~ k~t ~ ~e ~i~ av~lo f~ ~ ~t ~e ~. e. No bulldog sh~l ~ ~upi~d ~ u~ in ~ole ~ ~ ~ f~ ~y ~ ~ so ~ until ~ Building ismos a C~ifi~te of ~cu~cy. ~ Ev~ b&lding ~it ~1 o~ if&o ~ ~ h~ not ~ ~ 12 mmda ~ th~ ~te of is~co ~ ~s not ~ ~ple~ ~ 18 m~s ~m tach ~to. If~ ~g ~m~ ~ ~ rogulati~s ~cfing ~ hav~ ~ ~a*~ ~ ~e ~t~ ~o ~il~g ~s~a~ may a~ ~ ~g ~o ~si~ of&~ ~it f~ ~difi~ ~x m~s. ~, a new ~it ~1 ~ ~PLICA~ON IS ~BY ~DE ~ ~* ~iI~ ~t ~ ~ isa~ ora ~ilding P~it ~mnt Buil~g ~e ~din~ of~e To~ of ~u&o~ Su~lk ~ Now Y~[ ~d o~ ap~, ~n~s Ro~lati~ f~ &~ ~s~ct~m of buildin~ ~difi~ ~ al~s ~ f~ ~ ~ti~ ~n describe. apphc~t a~s to rumply ruth all appli~ la~ ~n~ bufld~g ~, ~~r~ioa~ ~d~a~t Nameofownerofpremises .'L/g}d('-~' )'f ~rl~/~ e tVD/..~ r h .,'~ (A~ on the tax ~oll 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% License No. 1. Location of land on which proposed work will be done: }louse Number Street Hamlet County TaxMap No. 1000 SectionD~[ ~t30._._Block i 56~t ..... Uot___O_ [~ Subdivision Filed Map No. _Lot (Name) 4. 5. 6. 7. State existing use and oeonpll~ey of premJ-ses and intendnd, use apd oeeupeney of proposed construction: a. Existing use and ocanpancy J-~'{~tL~;~O,CI~'~_'- L'~fic_'M. C~O. ~ b. Intended uae and oecupaney ~ Z&SiAo_14£g Nature of work (cheek which applicable): New Building _~ Addition Alteration Repair Removal Demolition '~ Other Work Estimated Cost t~ O ~ Oo 0. Fe~ ff dwelling, number of dwelling units If garage, number of ears (To he paid on filing this application) Number of dwelling units on each flonr If business, commercial or mixed oeeupenay, ap~ci~ nature and ~xtent of each type of use. Dim~miousofexisfin, gstru~tums, ifany:Front "'~,m. ~ Rear ~x~, i Height [ t.~ Number of Stories I Co/e/ Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories S. Dimonsiousofentimneweonatmefion:Front ~-.-'/, ~ Rear '~.'-/.~ Depth Height ~Lt~.~ 'cPlt,,ata ~ i4' .Number of Stories 9. Size oflot: Front ~35~,,~ R~ar ~,gTJ Depth 12. Do~s proposed ¢onslru~tion violate any zoning law, ordinance or regulation? YES 13. Willlot he re-gradnd? YES NO ~/'Will excess fill hemmovnd frompremisus? YES__ NO 14. Names of Owner of premises Address f~D i'~aX 1 ~ Phone No. Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetlond? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS~¥ BE REQUIRED. b. I~ this property within 300 fe~ of a tidal wofland? * 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. l 7. ff elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ~tT~7.~£'~DL~ ["~['b,~Cn ~ {~41~m~ beingdulysw~,de~s~d~t(s)hois~eappli~t ~e of ~divid~l si~ing ~) a~o ~, (S)He is ~e (Con,aeC, Agm~ ~ate ~eer, ~.) of ~d o~ ~ o~s. ~d is duly ~or~ ~ ~ or ~w ~ ~e ~id ~ ~d to m~ ~d file ~is applicant; · at aH stat~ ~n~ in ~s appli~fion ~e ~o ~ ~o be~ of his ~owlodge ~d b~lio~ ~d ~t ~e wo~ ~11 be ' /i ( ~ot~b~c~~ ~~ Si~ofAppl~ ./:d~) '~,~/-/F-iI TOWN OF SOUND ~y llBC~ CARD OWNER STREET / ~ ~0'0 VILLAGE DISTRICT SUB. LOT LAND '2.00 SFAS. / IMP. REMARKS VL. FARM TOTAL DATE IND. I CB. I MISC. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Till<~le Tillable 2 Tillable 3 Woodlcmd Swampland B rushlanliL. House Plot Acre Value Per Acre Value Bldg. Foundation Bath mnsion Basement 'Floors tension Ext. Walls Interior Finish ~enslon Fire Place Heat Porch Attic Forch Rooms 1st Floor · ~,zeway Patio Rooms 2nd Floor B. SOU T'RUSTEES THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6806 DATE: JANUARY 23~ 2008 ISSUED TO3 HENRY TRAENDLY & BARBARA'~bl}WALLADER ~o~.. / AUTHO~ZATION ~ Pursuam to the p~s of chapter 275 ancot Chapter 111 of~e Tom Code of the To~ of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Janua~ 23, 2008, and in consideration of application fee in the sum of $250.00 paid by He~ Traendlv & Barbara Cadwallader and subject to the Tern and Conditions as stated in the Resolutiom the Southold To~ Board of Trustees autho~zes and pe~ts the following: Wetland Permit to demolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Beb Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD January 23,2008 Mr. Henry H. Traendly Ms. Barbara A. Cadwallader P.O. Box1589 Jamesport, NY 11947 RE: 13000 ROUTE 25, EAST MARION SCTM# 31-14-11 Dear Mr. Traendly & Ms. Cadwallader: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 23, 2008 regarding the above matter: WHEREAS, HENRY H. TRAENDLY & BARBARA A. CADWALLADER applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 21,2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and '2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 23, 2008, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of HENRY H. TRAENDLY & BARBARA A. CADWALLADER to demolish an existing garage and install a 4' wide path through the 100' non-disturbance buffer for beach access, with the condition a 100' non-disturbance buffer, the construction of a new dwelling and new sanitary system to be outside the Trustees jurisdiction, a line of staked hay bales at the 100' line, and as depicted on the site plan prepared by Tide Runner Engineering & Design, last dated February 10, 2008, and received on February 19, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, President, Board of Trustees JFK/eac QUESTIONNAIRE FOR FILING WITE[ YOUR Z.B.A. APPLICATION A. Is the subj~c~ premises listed on the real e,state market f¢~ L Yes ~/No ZNthere any proposals to change or alter land contours? o ~ Yes, please explain on at'tachc:l sheet. 1) Are there areas that contain sand or w,~tland grasses? ._~ ~) 2) Are lhese areas shown on the map sul:mit~ed wifl~ thil; application? ',~..~ ~<~ 3) Is the property bulkheaded between fl~e wetlands are~ and thc upland b~i~harea? 4) If your propeny contains wetlands or ~ond areas, haveyou contacted the office of the Town Trustees for its determination ofjurisdic~,on? _'x._~[~[_.___P~lease confirm status ~of your inquiry or application with the Trustccs:~O'-~ i CP~'o~', ~.~; (e'0 I-?~- ~ { A~,")? '["- [~--.~ . and ii'issued, please auach copies ofpe6ni~ ~ith conditions ~d approved map. D. IS there a depression or sloping elevmion near the area of proposnd consU'ucfion at or below live feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fencei~ .~l.~at exist and are not shown on the survey map tha~ you are submitting? ~JG] (Please show area of these structures on a diagram if any exist. Or ~te ~none" on the above line, if applicable,) F. Do you have any construction taking pl~:e at this time conceming your premises? ffyes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do yon or any co-owner aiso own othe~ land close to this parcel? /~C) _ffyes, pleaselabel thc proximity of yonr lands on your map with this appli~.~ // and p~poscd us~ c'~i CY"t I.,'- ,~ ~c:lu~ t I / ~c~ (examp.~: .,~liag: sjl~','f'~y} I~1: s~wae withj~amkeo, pool,~'~ei~escript~on.) APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION B'i' OWNER ~md OWN F.R' $ AGENT) The To.at of Southold's Code of Ethics mohibit~ Cxm. flic~ of interest on the oart of Town officers and employees. The ouroose of this form i~ to orovide i~fe~rmation, whigh can alert the Town of possible Conflicts of interest and allow it to take wlmtever ~tlo~ is necessary to avoid same. ( ~'~'~ t name. l~-st nmue, middle, initial un[ess you are applying m th of someone else or other entily, ~ueh other person or company nan, NATURE OF APPLICATION: (Cheek all ~at apply.) Tax Grievance Variance ~ St~ Exception If "Other", name tho eetivity: Clumge of Zone Approval of Plat Ex~'mptiun from Plat or Official Map Other Do you personally. (or lt~ongh your company, spouse, sibilmg, parent, or child) lmve a rela~onship with any officer or employee of the Toga of Sentholfl? "Relationship" includes by blood, maniage, or business interest. "Business inicresf' means a bnsiness, including a partnership, in which thc Town officer or employee hat~ even a partial oaaership of (or employment by) a corporation in which the Town officer or er aployee owns more ~han 5% of the shares. YES NO V Complet~ the balance of this form and date and sign b~low wh~re indicated. Name of person employed by the Town of Southold: Title or position of flint person: Describe that relationship between yourself (the applica:a0 a~d the Town officer or employee. Either check rite appropriate line A through D (below) and/or &~scribe 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 gnmter than 5% oflhe shares o:['the ;orporate stock of the applicant (when the applicant is a corI~afion); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, dir~tor, patmer, c~ employee oflhe applicant; or D) the a~tual applicant. DESCRIPTION OF RELATIONSHIP 417.20 State Environmental Quality R~view SHORT ENVIRONMEI~ITAL ASSESSMENT FORM For UNUSTI:'D ACTIONS Only .PART I--PROJECT INFORMATION ~o be completed by Applicant ar Project sgon$or) u SEQR If the action la In .aa'aa, and you ire ~l date agency, Coastal Aseeeameet Fomi belore prom,Bdlng with this OVER ACTION RECEIVE COOROINATED REVIEW AS PROVID~'(~"~NUSTED A('-TION~ IN ~i I~YC~R. PART 6t7 / WILL THE PP, OJE~'T HAVE AN iMPACT ON THE E r-iv,, IS THERE, OR ~ I~.IERE UKELY ~ YeS [] NO I! Y~, explal~ PART Ill--DETERMINATION INSTRUCTION.~ F-~ch efteot ~[~ [] Cheok this I [] Check if you have identified one m' more potentially lea~3e o~ ~,ignlfklant adverse inflSi;hcts which MAY dire~tty to tho FUU. FAF ar~qor pmpms s I~itiv~ ~cler&tIon. t~x if you have determined, bar, ed on the infl)~i':ion ~ anal~ a~ a~ any supporting that Ihs ~ action ~LL NOT result In afly ~ntflc~t I~ envlron~ntal im~cts att~ments ~ ~ss~, t~ m~o~ ~;~ing this ~et~in~tion: Town of Southold LWRP CONSISTENCY ASSESSMENT FO]gM A. INSTRUCTIONS All applicants for p~mils* including Town of Seuthold agencies, shall complete this CCAF for proposed aclions that are subject to the Towa of Southold Waterfront Consistency Review Law. This assessment is intended to supplemem other informalion used by a Town of Southold agency in making a determination of conzisten,~. *Except minor exempt actions including Bml~ng Permits' and other mlnlsterial permlts not loca~'ed within the Coas ~al Erosion Hazard Area. Before answering the questions in S,~tion C, the prel~xer of this form should review the exempt minor action list, policies and explamtfions of each policy conlained in the Town of Southold Local Waterfront RevitalizAtion Program A proposed actium will be evaluated as to its significant beneficial and adverse effects upon the coastal area (-which includes all of Southoid Town). lfany question in Section C on this fbrm is answer~xl "yes", the~ 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 d~ail and, if necessary, modified prior to making a detemamation that it is consistent to the maximum emeat practicable with the LWRP policy standards and conditions. If an ectic~l cannot be certified as consistent with the LWRP policy ,~andards and conditions, it shall not 1:¢ undettakm A copy of the LWRP h available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depamnent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ~'~ Planning Dept. [-~ Building Dept. [~ Board of Trustees Category of Town of Southold agency a~ion (check appropriate response): (a) Action undertaken direclty by Town agancy (e.g. ez~ital ~ construction, planning activity, agency regulation, land ~-ansection) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Pemait, approval, licease, ceffification: [~ Nature and extent Site If an applica6on for fl~e proposed action h~; been filed ~th ~e Town of Soulhold ~g~ney, th~ following informati~a slmli b~ provided: (a) '~'- (d) Applica~on number, if any: Will the ac~don be directly tmdertaken, mquin,· funding, or appro,~al by a state or federal agency? Yes [~ $oE~] Ifyes, whichstateorlbderMagen~,"__~''~ ~'~'~---~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Sou{&okl that enhances community character, preserves open space, make~ efficient use of infr. mtructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section HI - Policies; Page 2 for evaluation criteria. / [--]Yes [--] No [-~/(Not Applicable - please e~;plain) _-'-Fo Attavh addifieaa~ sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III -~ficies Pages 3 through 6 for evaluation criteria ~ Yes ~ No v~j (Not Applicable - please e~L~i?) ~ ~ , Attach additional sh~t~ ifn~essary Policy 3. Enhance visual quality and protect scenic resoumes throughout the Town of Southold, See LV4tl~P Section 111 - Policies P~es 6 through ? Ibr evalmttion criteria [] Yes [] No [~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resource; from flooding and erosion. See LWI~P Section III - Policies P~ges 8 through 16 for evn]luation criteria Atlach additional sheets if necos~c/ Policy 5. Protect and improve water quality and supply in tl~e Town of Southold. See LWRP Section III - Po,cies Pages 16 th~.~gh 21 for ..evaluation criteria .f-~ ~ I'l Yes t_~ No ~ (Not Applicable - ple~.' explainj _ Attach additioml s~ts if nee~ssat~ Policy 6. Protect and restore the quality and function of the Town of Southold ec~ystemq including Signiflennt Coastal Fish and Wildlife Habitals ~tnd wetlands. Se-' LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Ye~ [] No [~f (Not Applicnble- please explain) Attach additmnaI s[mets if txeccssary Policy 7. ProtecI and improve air qo~!!ty in the Town of Southold. See LWRP Section II1 - Policies Pages 32 through 34 for evaluation criteria. See Section HI - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) Atxaeh additional sheets if necessary PoUcy 8. Minimize environmental degradation in Town of' Sottlhold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pa[,~s 34 through 38 for evaluation criteria. ~-~ Yes [] No [~ (Not Applicable - please e,:plain) _ PUBLIC COAST POLICIES Policy 9. Provide for public access to, and re~eationai use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criterla.[_~ ~ ~( Y~---. No Not Applicable - please eaplain) AtX~ch additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and pre,mote siting of new water-dependent uses in suitable locatio~e LWRP Section HI - Policies; Pages 47 thrgugh ~6 for evaluation criteria. ~l Yes ~-~ No I~ (Not Ap. plicabl~_e_'' - please expl~n/: )._. ,-.. ~ Attach additional sheets if necessary Policy 11. Promote su,~alnable use of livinE marine resaurces in Long Island Sound, the Peconic Estuary and Town waters. Sec LWRP Section 11I - Policies; Pa~,,s 57 through 62 for evaluation criteria~ ~ Yes [] No ~ Not Applicable - please e~:p_Jain , At~ach additional sheets il'necessary Policy 12. Protect agricultural lands in the Tox~ of Southold. See LWRP Section II1 - Policies; Pages 62 through 6S for evaluation criteria. [] Yes Y~ No[Y~L~ Not Applicably - ple.~e e::plain . /',,/0 :' C.o; 4-o I ( I Atla~h additional she~s if necessary Policy 13. Promote appropa~mte use and development of energy and mineral resources. See LWRP Section HI - Policies; Pages 6S through 68 for evaluation criteria,, r~ Yes [] No ~-~ Not Applicable - please ezplain ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 3, 2008 Zoning Appeal No. 6154 Transmitted herewith is Zoning Appeals No. 6154 of Henry H. Traendly- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is thc Applicant's Project Description, Copy of Original Building Permit Application, 2 Pages of Property Record Cards, Questionnaire, Transactional Disclosure Form, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Notice of Disapproval, Building Diagram with Front/Rear and Side Elevations, Site Drawing of Proposed Residence from Tidcrunner Engineering & Design. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/02/08 * * * RECEIPT * * * Receipt'#: 14849 Transaction(s): 1 1 Application Fees Reference Subtotal 6154 $400.00 Check Total Paid: $400.00 Name: Traendly, Henry & Barbara 66 Old Tappan Rd Glen Cove, NY 11542 Clerk ID: CAROLH Internal ID: 6154 84/'02/2008 15:42 6317559864 ZONINGBDOFAPPEALS PAGE ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/02/08 RECEIVED ZBA,# NAME CHECK # AMOUNT : TC DATE STAMP i 6154 Traendly, Henry H. $400.00 ' Southold Town Clerl~ i TOTAL $4O0.O0 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/03/08 ZBA# NAME CHECK # AMOUNT ITC DA'~I~iI~ 6154 Traendly, Henry H. $200.00 APR 3 21)08 add'l fee due on this appl. TC1T ~, I .... $200.00 Town Of Southoid P.O Box 1179 Southold, NY 11971 Date: 04/03/08 * * * RECEIPT * * * Receipt'8: 14937 Transaction(s): 1 1 Application Fees Reference Subtotal 6154 $200.00 Check Total Paid: $200.00 Name: Traendly, Hen~ & Barbara 66 Old Tappan Rd Glen Cove, NY 11542 Clerk ID: CAROLH Internal ID: 6154 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair I'- '-' Members of the Planning Board Date: August 25, 2009 Re: Request for lot area variance SCTM#1000-31-14-11 Zone: R-40 13000 Main Road, East Marion, NY 11939 AUG 2 5 200g The Planning Board has received your request for comments regarding the above referenced application for a lot area variance in the R-40 zoning district in East Madon. As proposed the applicant is seeking a 7,087 square foot lot in the R-40 zoning district in East Marion. This application has been reviewed for sub-division requirements and the following comments are offered for the Board's consideration: Technical Analysis: The proposed application is seeking an area vadance in the R-40 zoning district which requires a minimum lot size of 40,000 square feet. (See Southold Town Code §280, Attachment 1 - Density and Minimum Lot Size Schedule for Residential Districts). The applicant is proposing to create a lot which would total 7,087 square feet. This lot would fall 32,913 square feet short of the required minimum lot size. Summary: The area variance requested for this application is significant. The applicant is requesting a relaxation of over 80%. The creation of a non-conforming lot so significantly smaller in total area than the minimum required by zoning would be extreme and would not be in character with the overall community where the majority of the other surrounding lots do conform with or exceed the required applicable zoning minimum for the R-40 zoning district. For the foregoing reasons, the Planning Board does not support the issuance of the requested variances. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Note: The applicant currently has an application before the Planning Board for a Lot Line change. Based upon the above review regarding the requested area variance, the correct application which the applicant must submit to the Planning Board is a Subdivision application. Further, the Planning Board has attached a copy of the map which the applicant submitted to the Town of Southold Board of Trustees which received a Board of Trustees permit approving the proposed construction and building envelope. This Board of Trustees approved map differs from the maps the applicant has submitted to the Zoning Board of Appeals and the Planning Department. The eastern side yard setback differs, as does the proposed porch dimensions and the front yard setback. The Planning Board would like to note that Planning Board member Joseph L. Townshend officially recused himself from commenting on this application in any way and made no comments upon this application when it was reviewed by the Planning Board for submission of these comments to the Zoning Board of Appeals. AUG 2 5 2009 HENRY H TRAENDLY BARBARA A CADWALLADE PO Box 1589, Jamesport NY, 115 (631) 779 3167 [faxl (631) 779 264 By Mail and email attachment To: Southold Town Zoning Board of Appeal Cc Board Assistant August 11, 2009 Subject: Our Request. to Table, until a to be determi..~d-d~e, ti~e Au~., ~9 ...n~ of Our App,..on # 6~~ Please accept this as our petition to table the subject public hearing until a future date, due to recent personal medical circumstances. We apologize for any inconvenience this may cause the board and ask that you grant us this unavoidable postponement. Respectfully~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME TRAE N D LY/CADWAL LAD E R MAP # 31-14-11 & 12 #6207,6154, 6264 VARIANCE LOT SEPARATION & SETBACKS REQUEST WAIVER/VARIANCES DATE: THURS, JAN. 8, 200~, 2:10 PM 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 #8997 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Sworn to before me this 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 11th day of September, 2008. NIFER $'II~RK # 61,87. Request for Variance* trader 8ee~io~s 250-116 and 280-124, based on the BuiIding Inspec- T ~4~.~L NOTICE tot's May 15. 2008 Notice of Disapprov- - SOUTIIOLD TOWN ZONING at concerning a proposed new dwelling !IQAJRD OF AP~I.S (after demolishing the existing building). THURSDA¥,SEVl'EMBER25.2008 The new dwellin~ is proposed at less PUBL~IC;REARINGS than I5 feet on a stogie side yard. less NOTICE tS:I']~EREB Y GIVEN, put- ·- than 35 feet on total side yards, and leas suanttoSectiofi~67ofth~TownLawand than 75 feet from the existing bulkhead Town 12ode Chapter 280 (Zoning).Town of Southold the,following public hear- ings will be held by the, SOUTHOLD ~TOWN ZONING 'BOARD OF AP- ?~ALS at the Town-ltaU, 530~S Main ~oad, ~0. BOX 1179, S~uthold, New ~ 11971-095~ on THURSDAY. SEP- 2~t~Cla'I~K~ ~ g6178. Reques~ for a Vari- ance ~l~der Sectiod.280-116B. based on 2~7Buil,ding Inspector's December t0 Notice of Disapproval concerning an as~bRilt hot tub ahd deck n a vca- ~'rgt ~e~a.thafi'75~feet from the exist- '_l~/~ad, a~650A~Blue Marlin Drive, 8~thold~'CTM 1000:57-1-28. 9:45 A;M. PJ~UL $1[oMNSKY #6203. Rl~luest .for a Yariance under Section 28~-17A~ based on the Building Inspec- mr's .hil~ 21, 2008 NOtiCe of Disapproval coac6hitag a l~OpOs~d' dwelling on a ~e~hforming.ly¢,0O0 'sqant¢ foot.par- 28[~64C~l>ased 1'5.2008 adjacent th Great Peconic Bay Location of Property: 3270 Peconic Ba> Boule- yard, Laurel: CTM 128-6-8. 1:45 EM. Carryover: PINE NECK HOLDINGS #6180. Variance for deck eddiuon to the dwe mg at less than 7~ feet from the bulkhead, at 1475 Fine Neck Road, Southold: CTM 70-5-40. parcel for a common course 6f fifty (5~) NO'~ARY poBLiC-$TA'JE OF NEW yoRK NO. 01.VO6105060 Qualified In SultOl~ county the construction Building -Inspector's January- 30, 2008 Notice 0f Disapproval, amended July 25, ~ of each 2008 c6ncerdhig a proposed single'rolm- Drive ly dwelling (afre~ demolition of an exist- ing bailding) with a~proposed single s de yard at less than the code.required mini- code maximum', g mum of i0 feet less than the required one street, Location of Property: 525 eom ' ed side yards of 25'feet, and less Commerce Drive, Cntchog~e (North tha~h~5 feet from the front yard lot line, Fork I~tnsfriul Park Lot 9); CFM 1000. at 13000 Main Road. East Marion: CTM 96-1.1.6. Zone District: Light Industrial: 31-14-11 Lot Size: 47,344 square f~et. 10:15 A.M. ROBERT SOMMER~ VILLE ~6204. Request for a Variance xauler Section 280-15. based on the Bnilding Inspector's June 10 2008 No tice of Disapproval concern}rig a pro- posed accessory garage with a size that wffi~6xceed the code maximum of 600 square feet on this 14.600 square foot lot. at 545 Hummel Avenue, Southold: CWM Parcel 1000-63-2-18. ~0:45 A.M. JOHN GATANAS g6201. Req,uest for Variances under Section 280-124. based on the Building Inspec- tor's July L 2008 amended Notice of D sapproyal conceming a proposed dwell rig, after demolishing the exist- lng dwelling and accessory garage. The reason for disapproval of the building 2:30 PaM. JENNIFER JACOBS AND CLAYTON GATES 06206 Request for Variances under Section 280424. based on the-Building Inspector's July 24, 2008 Notice of ~isapproval co~icernlng a proposed second-story additinn and alterations to the existing dwelling, with a ~e~back of less than the code-required mm~murn of 10 fee~ on a single side and less than a mimmum of 35 feet from the rear yard lot line, at 645 Jackson Sn'eet. New Su~olk: CTM 1000-117-9-5.2, Size: 12.76f square feel aonconform mg) in R-40 Low-Density Residential Zone District. 2:45 RM. BUD GEORGE HOL- MAN # 6202. Request for Variances un- der Sections 280-14 and 280-116. based on the Building Inspector's Ma}t 20. 2008 perrmt app~eation s that the new con- Notice of Disapproval concerning an as- s~ruc~ will bffless than the code-requ~ed built porch enclosure and deck addition mmimur~o~35.fee~ from the front yarc ,. th the existing 'dwelling which are leas ?t 0ne ad~ r.?~.~ yard-lot ~li.n.e. Eocati~h of ~ thinx the code-required minimum o£ 15 06-3.Z2. less than 75'feet front the bulkhead ad- ;Ri ~,l~909.A,.M. SAM~ ,~ ,$ )~d MAE MAU- ja~ent to Great ~econic Bay, at 350 Pa~ _~.[~ .Req~uesI for'a Vananc~ u~qer A~?_a?~_l~aa~;_.L~l~ l_.t~..123.~7.28d.' located amended Request for a % cel. which than me code required mihimum of 10 feet on a single side yard setback and less than 35 feet o~ the minimum fronl yard ~etback, at 165 Second Street, New Suffolk: CTM 1000,117-I 0-20.5. 1:30 RM. Carryover: RYAN a~d JEN- 2and~280-i25 roads)i GERAPd3 iZ GOEHRINGER CHAIRMAN BY LINDA KOWALSKI 54375 Ma~n R6a~d (Office Locotion) 53095 Main l~oad MailLng/USPS) i~O. Box 1179 Southold. NY 11971-0959 8997-1T 9/11 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 25, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ SEPTEMBER 25~ 2008: 2:00 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. South Side of Main Road (NYS Route 25), East Marion, adjacent to Gardiners Bay. A) File # 6207 - This is a request for Waiver of Lot Merger under Article II, Section 100-26, based on the Building Department's July 25, 2008 amended Notice of Disapproval stating that County Tax Map Parcel Numbers 12 and 11, in District 1000, Section 31, Block 14, are merged pursuant to Section 280-10, which states: "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty (50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." B) File #6t54. (This hearing is carried from July 24, 2008) - This is a request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval, amended July 25, 2008 concerning a proposed sinflle-family dwelling (after demolition of an existing building) with a proposed single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 31-14-11. 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 Page 2 - Legal Notice Public Hearings - September 25, 2008 CTM 1000-31-14 and 12 (Traendly) 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: Linda. Kowalski@Town. Southold.ny.us. Dated: August 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM TRAEN DLY/CADWALLADER MAP # 31-14-11 & 12 #62O7 & #6154 VARIANCE LOT WAIVER; SETBACKS REQUEST UNMERGE UNDERSIZED LOT DATE: THURS, SEPT. 25, 2008, 2:00 PM 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 lNG BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net August 28, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, September 25, 2008 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 September 9nd 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 alJ owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later th~n Sept. l~th: Pleas~ either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. 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 September 17th: 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 your Affidavit of Postinq prior to September 24, 2008. 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. BOARD CF APPEALS .oo ~ / / / / / / / / / Main Roac~ (SR ~5) L~ BILL TO: KREIGER WELL & PUMP CORP. P.O. Box 101 MATTITUCK, NEW YORK 11952-0101 (631) 298-4141 (631) 283-1390 )WA R [; ',.. '~ INVOICE NO. 32544 INVOICE DATE QUANTITY OUR ORDER NO. fOUR ORDER NO. TERMS DESCRIPTION ~r your convenience, we accept ~e American Expms~Can:l and ether maior cmdil ca~c. .~;_' ~.,, ·~,, ,'. ', is a true antt 3nnu:~[ a~e rate of 24% applied to alt ances over 30 days. 'i~.~:~, r~'.l ~ ~t)o~e ;'~,~'~ SALESPERSON UNIT PRICE PLEASE NC rS DUE UPOA AMOUNT ?0 ~('F ' T£ PA YME^~T ' COMPLETIOI¥. 0 NOTES: · = MONUMENT FOUND AREA ~ 7087 SURVEY FOR: CHARDSTOL At: EAST MARION Town Suffolk County, New York of: SOUTHOLD Suff. Co, Tax Map: ~1000 ~31 14 11 JULY 25 1 , 996 :96-0575 ~ROH : H~NK PHONE NO. : 5~ ?~? B~i 3an. 2B 200B 04:L~M P~ HENRY H TRAENDLY PO BOX 1589 JAMESPORT NEW YORK, 11947 Tel. (h) 631 779 3167 (c) 516 606 2462 Fax 631 722 2608 (hhtr~endly~m~.co~) TO: Damon - Southold Township Building Inspector 01/29/08 Fax (631) - 765 9502 Attached please//nd a copy of the Single and Separate Title policy we spoke of this AM Hank Tr~ndly~ 01-~9-E008 14:4~ SOUTHOLD BUXLDXNG DEPT 1631765950~ PRGE1 FROM ; HRNK PHONE NO. : 516 ?67 8391 Jan, 28 2008 04:11PM P2 TITLE NO: 06-7404-65058.S$-SUFF Dt~tdct: 1000 Section: 031.00 Block: 14.00 Lot: 011,000 Town of $outhold $outhold, New York Gentlemen: FIDELITY NATIONAL TITLE INSURANCE COMPANY hereby certifies that it has searched the records of the Suffolk County Clerk and/or the Suffolk County Registrar for deeds affecting the captioned property and properties immediately adjoining and finds: SEE ATTACHED And the records of the Suffolk County Clerk ansVor Suffolk County Registrar disclose no other further conveyance of any of the foregoing lots other than as set forth, FIDELITY NATIONAL TITLE INSUI[ANCE COMPANY certifies that the above-captioned property has been in single and separate ownership of HENRY H. TRAENDLY AND BARBARA A. CAD~XJALLADEE and his/her predecessors in 'title since prior to April 9, 1957 except as follows: attached chains of tit!e) The liability of the Company is limited to the amount of Twenty-five Thousand Dollars (~25,000.00). Dated: May 9, 2006 FIDELITY NATIONAL TITLE INSLIRANCE COMPANY ' SANDRA J~-(~C~ES~I - Sworn to before me thi~ 9th day of May, 2006 Notary Public MARGARET VOLLMOELLER N~ PubiC, St~ et New Ym Nc~. Ol VO~O~.4~g 01-~9-2008 14:4~ SOUTHOLD BUILDING DEPT 1631765950~ PRGE~ FROM : HRNK PHONE NO. : 516 969 B391 Jan. 28 20~8 04:12PM R3 TITLE NO. 06-7404-65058.SS-$UFF STATE OF N~X/YOP, K) ss: COUNTY OF SUFFOLK) SANDRA J. GOLESKL being duly sworn deposes and says: That he/she has had a search made of the records of the County Clerk of Suffolk County with reference to an application I~or a variance affecting the following premises: $c]r'M 1000-031.00-14,00-011,0C0 That the said records indicate the following chains of title as to premises and adjoinin8 lots since prior to 4/9/57, SUBJECT PREMISES: I000-031.00-14.00-011.000 David P, Muller and 8ernadtne R. Muller, his wife To Arthur H, Umouze Liber 2667 cp 246 Dated: 1/4/47 Rec'd: 1/13/47 Arthur H, Llmouze died e resider t of Suffolk County on October 27, 1959, leaving Denise Llmouze. Denise /Jmouze died a resident of Suffolk County on October 21, 1989, leaving Ellen Limouze and Henry Limouze as Co-Executors. Ellen U~!mouze and Henry Limou:;e, es Co-Executors of the Last ~X~III and Testament of Denise Llmou~e. deceased To Henry Umouze, Frank Umouze a nd Dorothy-Ann Llmouze FIDELITY NATIONAL TITLE INSURANCE COMPANY ' SANDRAJ. GOL~SKI Liber 11687 cp 204 Dated: 6/12/94 Ret'd: 7/27/94 Sworn to before me this gth day of May, 2006 Notary Public MARGARET VOLLMO~LL~q 01-89-8008 14:43 SOUTHOLD BUILDING DEPT 16317659508 PRGE~ Henry Limouze, Frank Limouze ~nd D0rOthy,Anr~ L~mouze TO Henry Limouze, Frank Limouze. Dorothy Ann Limouze, as to an undivided 2/3rds interest and Charles LImouze and Grace Limouze, his wife, as to an undivided I/3'd interest Ellen Umouze. as wifer of Arthur $. Llmouze, deceased To Henry Llmouze, Frank Limouze, Dorothy-Ann Urnouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A, Umouze Henry Limouze, Frank Limouze. Dorothy-Ann Limouze and Grace Limouze, as the surviving Tenant by the Entirety of Charles A. Umouze To Henry H. Traendly and Barbara A. Cadwallader LAST DEED OF RECORD Uber 11687 cp 205 Dated: 6/17/94 Rec'd: 7/27/94 Llber 11796 cp 946 Dated: 9/11/96 Rec'd: 10/11/96 Liber 11796 cp 947 Dated: 9/30/96 Rec'd: 10/11/96 Sworn to before me this gth day of May, 2006 Notary Public 01-29-~00B 14:44 SOUTHOLD BUILDING DEPT 16~1765950~ PRGE5 FROH : HRNK PHONE NO. : 516 767 B391 Jan. PREMISES NORTH: 1000-031.00-14..00-012.000 David P, Muller and Bernadine R. Muller, his wife To Harry S. Lee Jr., Emma D. Lee and ~arbara Kasson Harry S, Lee Jr., Emma D. Lee and Barbara Kasson To Mallard Inn Inc. Liber 2773 cp 359 Dated: 1118/47 Rec'd: 11/10/47 LIber 4364 cp 27 Dated: 4/1/48 Ret'd: 9/20/57 Mallard Inn Inc., Harry S. Lee and Emma D. Lee, individually and a.~ ~ole stockholders To Philip Schuster and Barry Coward, as Tenants in common Llber 5058 cp 14.5 Dated: 9/30/61 F',ec'd: 10/4/61 Peggy Coward, as sole devisee under the Last ~X/ill and Testament of ~arry Coward and Philip '0U. Schuster To Harold Reese and Frederick Rees,: Liber 6646 cp 547 Dated: g/25/69 I::ec' d: 10/24/69 Harold Reese, Sr, and Frederick To Frank GIIlesple LJber 9171 cp 203 r)ated; 3/29/82 Rec'd: 4/21/82 Frank GIItespie To Irene McKasty Liber 9664 cp 587 Dated: 10/8/84 I;:ec'd: 10/24/84 FIDELITY NATIONAL TITLE INSURANCE COMPANY BY: ~ ~_ ' SANDRA JJ~OLESKI Sworn to before me this gth day of May, 2006 Notary Public MARGARET VOLLMQELL~R Nota~ Fubilo, ~ a/New YeSe Ne. 01VO~3~469 PRGE4 FROM : HANK PHONE NO. : 516 767 8391 Jan. 28 2008 04:13PM P6 Irene McKasty To kene McKasty and Daniel McKasty Ltber 9962 cp 168 Dated: 12/27/85 Ret'd: 1/23/86 Daniel McKast¥ and Irene McKasty. his wife To Henry H. Traendl¥ Llber 10772 cp 208 Dated: I2/16/88 t~c'd: 1/19/89 Henry H. Traendly To Henry H. Traendly and Barbara Cadwallader Traendly, hi~; wife Liber 11822 cp 965 Dated: 3/14/97 Ret'd: 3/28/97 Henry H, Traendly and Barbara Cadwa~lader Traendly, hi:; wife To Mike Niamonitakls and Voula Niamonitakis, his wife LAST DEED OF RECORD Liber 12420 cp 319 Dated: 10/28/05 Eec'd; 11/17/05 PREMISES EAST: GARDINERS BAY PREMISES SOUTH: 1000---031.0044..00-010,000 Carl J. $chmidlapp and Ernest Sturm. as Executors and Trustees under the Last Witl and Testament of Henry Evans Deceased To C, ardiners El,ay Company lnc. Uber 1123 cp 222 Dated: 1/14/25 Rec'd: 1/12/25 FIDELITY NATIONAL TITLE IN,~URANCE COMPANY -- SANDR,a~ J. G(~LESKI Sworn to before me this 9th day of May, 2006 Notary Public Qualified In. BuffOlk 0ounly Commission Expires AuguSt 01-89-8008 14:44 SOUTHOLD 8UILDZNG DEPT 16517G59508 PAGE6 FROM : BANK PHONE NO, Oardtners Bay Company Inc. To Edgar L~Jlnfield Hawkins and Helen Hllde~arde Hawkins, his Edgar ¥(/, Hawkins, devisee under Last Will Testament of Helen Hlldegard~ Hawkins, deceased To Edward T. Burton and Norma Louise Burton ~ DEED OF RECORD PREMISES '~X/F..q': MAIN ROAD : 516 967 8391 Jan. I.Iber 7139 cp 414 Da,ted: 3/24/72 Rec'd: 4/21/72 Llber 7502 cp 60 Dated: 9/21/73 Rec'd: 10/3/73 28 2008 04:14PM P? Sworn to before me this 9th day of May, 2006 Notary Public FIDELITY NATIONAL '¥1T~ INSURANCE COMPANY ----' SANDRA J: dOLES-KI 0i-29-2008 14:45 SOUTHOLD BUILDING DEPT 16317659502 PAGET HENRY H TRAENr~LY BARBARA A CADWALL3,DER PO BOX 1589 JAMESPORT NEW YORK, 11947 631 7'~9 3167 September 25, 2008 To: Southold Town Zoning Board of Appeal Subject: Our applications [ffie numbers 61:54 & 6207] for Variances for our property [SCM# 1000 31 14 11]. To: the Board Chairman and la(lies and gentlemen members of the Board With apologies, we ask you that you accept this letter as our formal request to carryover today's scheduled hearings until the ne~c', available m(~ing. We ask for the Boards forbearance with this last-minute n~uest and ask that you grant it as it is a necessity for us. Resp~effully/~ /~ #8908 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_._ week(s), successively, commencing on the 17th day of July, 2008. Principal Clerk Sworn to before me this day of --//L/~M.<~/ 2008 NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Quo~led in Suffolk CouIlt¥ #6185.Request for a Variance under Sec- non 280-t24 Isetback scheduleL based on the Budding Inspector's April 18. 2008 Notice of Disapproval concerning a proposed new dwelling (al er demoli- tion of the existing dwellingt, proposed with from yard setback(s) at less than 35 geet. Location of Property: 595 Pine Av- enue. and Birch Avenue. Southold: CTM 77-2-25. 10'.30 A.M. VINCENT and MAU- REEN PAPA ~6183. Request for a Var~- ance under $~ctlon 280-124 based on the Building Inspector's April 21, 2008 Notice of Disapproval concerning an as- built deck addititin to the existing sinil ~- [emily dwelling, which is less thar~ the Cede required 50 ft. rear yard s~tback, at 75 FirstStreet, Laurel; CTM 126-~0-9.5. 10:.45 AM, PINE NECK HOLD; ING8 ~6180. Request for a Varimac~ under SeCtion 280-116B, b~sed.'on the Building Inspector's May 13 2008 No- tice 6f Disapproval concerning a deck addition to the existing single.fa,mil~ dwellthgaVless than 75 feet from the .ex- isting I~khead. at 1475 Pine Neck Road. - Southold; CTM 70-5-40. 11.~0 A.M. GREGORY $CH- WEITZEE AND STACEY $CH- WEITZER g6184. Request for a Var[- Bt~(ld~ng ~nso~or's May 6~2008 Not ce ~on~va ~Ophsed than tha cede-£equired rear yard, a 385 6182. lBeqlle~t~ ~e~ Yer'ian¢~s under Sec- tions 280-18 (~s LOt A~ea ~) bined side yard setbacks; (3) the lot cov- erage will ~Y. er~d t~ eaxle (imitation 20% with a buildable lot size of I3.369 square feet. Location: 955~,Soundview Avefiue Extension. Southold: CTM 50-2-10 and 11. combined as a single building lot. The Board oI Appeals will hear ~ali persons, or their representatives, de~s? tng to be heard at ~ach hearing, and/or desiring to submit written star'merits before the conclusion of each he,r- ing. Each heating wil/ not-start earlier than designated .a..~ ye. Files ara avail- able for review di~ng regular business l~offr~ and prior t~o the ~ay of tho heat- ing If you have queS~Uons, please do 765-18~ or by ~ ~mai!: Linda. Kowal~i~ Towfi;S6u~ho~d.n$~.us~ Datad~ July 14. 20~0. -ZONING BOAI~ O1~ APPEALS BY LINDA KOWALSKI 54375 Mai~ Road(Offic~ ~Locafion) 53095 Maiq; Road (M~illn~SpS). 890~tT 7/17 at 271196 and both ~ased on the 2~, 2007 the YAmmlng yard rather than yard or rear yard t 695 Isladd Sound, Ori- LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF A~PEAL~ THURSDAY, JULY .M, PUBLIC HEARING NOTICE 1S HEREBY GIVEI~, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zo~thg), Town of Southold, the following public .hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, $3~95 Main Road. P.O. Box 1179, Southold. New York 11971-0959. on a the Building Inspec- tor's y 30, 2008 Notice of Disap- proval concerning a proposed single- ~l~tl}, dwgllthg, with one side yard a le~~ tha~ the code required minimum Of 10 [~L and with both. side' setbacks · . than 5 feet from the front yard lot line (after demolition of an e~till$ building) it 13000 Main Road, Ea~[Marion adjacent to Gardiners Bay; CTM 31-14-11. 2~0' PM. Reserved Hearing (Cat- ~ov~).. EVE SEBER and CARLO VOI~LIO~R ~6156. Request~ for Vari- ances under Section 280-114, based on J U~_L~Y~2~.. ~ ~he Building Inspector's amended March Re~'~es~s'~o;'~.danAc:sMuAn~eUrR,~6~'76-- 28, 2008 Notice of Disapprova, for the .i~ection . re~3son that the proposed second sto t2o8jO,-127, b~.ed^0~n~the Bu~d~.g. ~s@~c-.? ~1~0~ and alterations tO the cxi's~ D[saS/oUrnoeva~', cZot~em~inenOs~a?~V of N~-fnmily dwelling will not meet de '-~Pj ......... g ~a. ,~.~d the coda-required minimum 15 feet on fe~ct~m~,°n)°aw, ea~gaH,~5 a single side y~'d ~nd will exceed the from me txont mt ~me and p~ol~o~ed code limitation of 20 percent for lot lot coverage exceeding the code limi- erage. Location of Property: 3025 Pine ration of 20%. at 3200 Camp Mineola Neck Road adjacent to Jockey Creek Road (and Fay Court)~ Mattituck: CTM Southold: CTM 70~-1& additibns ~6d alteratio~"~. ~~l[:~r°p°sed · ~-~-~%~:~,~lag [with a new re u rY2d ..8 . K.a~ le~ !~a~.ttle e, ode- ing b, uilding), for the reasons that: (I) ~s~gtoa~n~eiSnS~h~e rgea;ag:r~.l~'x.,ll2~a~..~ ,~dj,a~C~n2 Lo the Long I, slahd Sound w . ;_, .. _Y. , to'?' .,~y..5 "- t~ l~n 100:~["(2) the inininiitm 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 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAYt MAY 29, 2008: 2:10 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER #6154. Request for Variances under Section 280-124, based on the Building Inspector's January 30, 2008 Notice of Disapproval concerning a proposed single-family dwelling, after demolition of an existing building, with a single side yard at less than the code required minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion; CTM 1000-31-14-11. 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: Linda. Kowalski~,Town.Southold.n¥.us. Dated: May 1, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: TRAENDLY/CADWALLADER MAP #: 31-14-11 #6154 APPEAL: Yard Setback Variances REQUEST: New Dwelling After Demo DATE: THURSDAY, May 29, 2:10 PM 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 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th day of May, 2008. Road. BO. Box 1179 Southold. New York 1197141959 ~n THTIRSDAY. MAY 29. 2000: Principal Clerk day of CHRISTINA VOLINSKI NOTARY PUBLIC-STArE OF NEW YORK No. 01-V06~05050 Qual~tie~ in Suffolk County Each heafifig will not s~r[ e~c~' t~an APPEALS BOARD MEMBERO Gerard IZ Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 24, 2008 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 1'179, Southold, New York 11971-0959, on THURSDAY~ JULY 24~ 2008: 9:30 A.M.J. and A. MAZUR #6176. Requests for Variances under Section 280-124, based on the Building Inspector's June 27, 2008 amended Notice of Disapproval concerning a proposed deck addition to dwelling at less than 35 feet from the front lot line and proposed lot coverage exceeding the code limitation of 20%, at 3200 Camp Mineola Road (and Fay Court), Mattituck; CTM 123-5-36.2. 9:45 A.M. STEIN FAMILY TRUST #6179. Request for Variances under Sections 280-15 and 280- 124B, based on the Building Inspector's May 7, 2008 Notice of Disapproval concerning: (a) proposed additions and alterations to the existing single-family dwelling with a new front yard setback at less than the code-required 35 feet, (b) an addition to the existing accessory garage which is required to be in the rear yard, (c) all new construction will exceed the code limitation of 20% maximum lot coverage. Location: 2535 Cedar Lane, East Marion; CTM 37-4-10. 10:00 A.M. WILLIAM LUTKOWSKI #6185. Request for a Variance under Section 280-124 (setback schedule), based on the Building Inspector's April 18, 2008 Notice of Disapproval concerning a proposed new dwelling (after demolition of the existing dwelling), proposed with front yard setback(s) at less than 35 feet. Location of Property: 595 Pine Avenue and Birch Avenue, Southold; CTM 77-2-25. 10:30 A.M. VINCENT and MAUREEN PAPA #6183. Request for a Variance under Section 280- 124, based on the Building Inspector's April 21, 2008 Notice of Disapproval concerning an as- built deck addition to the existing single-family dwelling, which is less than the code required 50 ft. rear yard setback, at 75 First Street, Laurel; CTM 126-10-9.5. 10:45 A.M. PINE NECK HOLDINGS #6180. Request for a Variance under Section 280o116B, based on the Building Inspector's May 13, 2008 Notice of Disapproval concerning a deck addition to the existing single-family dwelling at less than 75 feet from the existing bulkhead, at 1475 Pine Neck Road, Southold; CTM 70-5-40. Page 2 Legal Notice - July 24, 2008 Southold Town Zoning Board of Appeals 11:00 A.M. GREGORY SCHWEITZER AND STACEY SCHWEITZER #6184. Request for a Variance under Section 280-15, based on the Building Inspector's May 6, 2008 Notice of Disapproval concerning a proposed accessory swimming pool in a yard other than the code- required rear yard, at 385 Wendy Drive, Laurel; CTM 127-8-9. 11:15 A.M. ARTHUR R. TORELL # 6182. Requests for Variances under Sections 280-18 (Bulk Lot Area Schedule) and 280-124 (Setback Schedule), based on the Building Inspector's amended May 21, 2008 Notice of Disapproval concerning: (1) a proposed lot area with a new nonconformity of 19,028 square feet in size, instead of 21,458 square feet, resulting in the remaining lot which will become more conforming at 27,196 square feet instead of 24,756 square feet; (2) a proposed single-family dwelling at less than 40 feet from the rear lot line. Location: 365 Westwood Lane; CTM 33-2-11 and 33-2-10. 1:00 P.M. GREG and KARMEN DADOURIAN #6131. Request for Variances under: (1) Section 280-124, and (2) Section 280-15, both based on the Building Inspector's December 28, 2007 Notice of Disapproval concerning the location of a new dwelling at less than 40 feet from the code-required minimum front yard setback, and for a swimming pool located in a side yard rather than the code required front yard or r r this waterfront parcel, located at 695 Petty's D~ent; CTM 14-2-23. ~ d~an the code required minimum of 10 feet, and with both ~ss than 35 feet from the f~dding) at 13000 Main Road, East Marion,/ ",.....~djacent to Gardiners Bay; CTM 31-14-11. 2:00 P.M. Reserved Hearing (Carryover): EVE SEBER and CARLO VOELKER #6156. Requests for Variances under Section 280-114, based on the Building Inspector's amended March 28, 2008 Notice of Disapproval, for the reason that the proposed second-story addition and alterations to the existing single-family dwelling will not meet the code-required minimum 15 feet on a single side yard and will exceed the code limitation of 20 percent for lot coverage. Location of Property: 3025 Pine Neck Road adjacent to Jockey Creek, Southold; CTM 70-6-18. 2:30 P.M. Reserved Hearing (Carryover): JOHN SCOURAKIS #6157. Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 17, 2008 Notice of Disapproval concerning a proposed new single-family dwelling (with a new foundation after demolition of the existing building), for the reasons that: (1) the setback from the top of the bluff adjacent to the Long Island Sound will be less than 100 feet; (2) the minimum code standards under Sections 280-9 and 280-10 require a minimum of 15 feet on a single side and minimum 35 feet combined side yard setbacks; (3) the lot coverage will exceed the code limitation of 20% with a buildable lot size of 13,369 square feet. Location: 955 Soundview Avenue Extension, Southold; CTM 50-2-10 and 11, combined as a single building lot. 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 Page 3 Legal Notice -July 24, 2008 Southold Town Zoning Board of Appeals contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: July 14, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 {~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May / , 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 2008 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 May 12h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arrangements were made in either a written statement, or durinq the hearinq, providinq the returned letter to us as soon as possible; AND not later than May 13th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. 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 May 21st: 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 your Affidavit of Postin.q prior to May 29, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant~) CTMParcel#1000-~_l I~ '/( x AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~£r~ekj ~( .~{"p_~,dcll~ residingat ~.O.~>~ ~-~ ~ c I ~ , New Yo~ ~i~ duly ~om, d~ose and say that: ~ On ~e ~ ~ day of ~d~i ,2~ I ~r~ly ~il~ at the Unit~ States Post Offi~ in~~i~R~, N~ Yo~, by CERTIFIED ~IL, RE~RN RECEIPT REQUESTED, a ~e ~y ~ ~ a~d L~al Noti~ in pre.id envelops ~dms~ to ~ff~t ~ers sh~ ~ ~ent as~ssment fell ve~ ~m ~e offi~al r~rds on file ~h ~e ~ ~, or ( ) CounWReaIP~e~' ' . . .~.~eve~ pm~ ~i~ ab~s and is a~oss a pu?ic ~ p~[e ~re~ v~ way of re.rd, surmundi~o appli~nts Pm~~ ~ght~- 0(Notary Public) NO. 01B06020932, Suffolk County Term Expire~ March 8, 2(~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers · next to the OWner names and addresses for which notices were mailed. Thank you. iq- I0./ Cer,~,d Fo. $2.65 13 ~ ~a~,mark $2.15 ". .:-~m $5.21 05/0B/20(~ · Complete items 1, 2, and 3. item 4 it Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r~..~ m~S. ~. t%o~-l-o~ 1~9 ~0 ~o~ ~ B. Received by (Printed Name) C. D~e of Deliv.~ D. Is delivery eddress difl'~w~nt ftcxn item l ? ~ If YES, enter delivery address below: 3. Se~ice Type r-I ~ Mall r'l Express Mail [] Registered [] Return Receipt for Memhandlse r-I Insured Mall [] C.O.D. 4. Restricted Delivery? ~ F6e) [] Yes 2. A~ticle Number (rramfer f~m se~fce/abe/) PS Form 3811, February q304 · Complete items 1, 2, and 3. Also Complete ~rein~ 4 if Restricted Delivery is desired. · nnt your name and address on the reveme 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. Artlole Addressed to: by ( Pdnted Name) address below: n Agent Yes [] No IIqVi r-I certified Mell [] Expres~ Mell C] Registered 1'3 Return Receipt for Merchandise r-I insured MalJ t-3 C.O.D. 4. Restricted Delivery? (Exba Fee) [] Yes 2. Article Number (Transit frcm sen,/ee labeO PS Form 3811, February 2004 Domeet~ R~a~n Jl~CompJete items 1, 2, and 3. AI~ complete item 4 if Restricted Deli~t~ I~desired. · Print your name and address'on the reveme so that~we can return the card to you. · Attach this card to th~ back of the maJlpiece, or on the front it space permits. 1. Article Addressed to: [] Addrassee C. Date of Dellve~ []Yes I'1 No r-i Certified Mall ~ D Reg~tered [] Retum Receipt for Me~t~lse [] Insured Mall [] C.O.D. : ' 4. Rest rlcted Dalivery? fE~a Fee) []y~ 7003 1680 0002 6227 6455 - Dor~e~fl¢ Return Receipt PS Form 381 !, February 2004 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli~ant) MAY 2 7 2008 AFFIDAVIT BO~P,I~IIi~'~ APPEALS Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK)...C- ,,//¢,v~y//' residing at /z'~D ~-~ Z /..~-/C' , New York, being duly sworn, depose and say that: On the g, [ day of JU~j~ ~' ,200~1 personally placed the Town's offidal Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten-(1 O) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in.pl~e.n days. pdor to the date of the subject hearing date, which h~ shown m be Sworn to before.m~his3 ' ~,.-'),j(l~ day~'~O, ~'' CONNED. BUNCH Notary Public, StBte of New Yod~ No. 0].BU6185050 Qualified in Suffolk Count~ ~ {~r~ Public) *near the entrance or driveway entrance of my property, as the area most visible to passersby. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1 [97l http://sou ~holdtown.northfork net BOABD OF APPEALS TOWN OF SOUT]?IOLD Tel. (631) 765-1809 Fax ({;31) 765-9064 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 LEGAL NOTICE SOUTHOLD TOWN ZONING BOAR.D OI= APPEALS THURSDAY, MAY 29, :!008 PUBI.IC HEARING NOTICE IS HE~..EBY GIVEN, pursuanl to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hoarlng will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53.395 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MAY 29. 2008: 2:10 P.M. HENRY TRAENDLY and BARBARA A. CADWALLADER $6154, Request for Variances under Section 280.124, basad on the BulRilng Inspector's January 30, 2008 Notice of Disapproval concerning a proposed l~lngle-famlly dwelling, after demolition of an existing building, with a single aide yard at lam~ than the code r;~quirsd minimum of 10 feet, less than the required combined side yards of 25 feet, and less than 35 feet from the front yard lot line, at 13000 Main Road, East Marion adjecent to Gardinsm Bay; CTM 1000.31-14.11. The Board of Appeals will hear all persons, ,~r their repreeen~*~tlves, desiring to be heard at each hearing, and/or desiring to submit written ate'laments before t~s conclusion of each hearing. Each hearing will not start earlier than designated above. Files a~ available for review during regular business hours and prior to the day of the hearing. If you haw~ questions, please do not hesitate to contact our office at (631) 765.1809, or by small: Linda. Kowidski;i~Town. Southold.nv.us. Dated: May 1, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LIND.a~ KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t?g 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 BOARD OF APPEALS TOWN OF SOIJTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 8, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6154 Action Requested: Within 500 feet of: Traendly Yard Setback Variances ( ) State of County Road ( X ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By:_ Enclosures 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 $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 April22,2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6154 (Traendly) Dear Mark: We have received an application concerning demolition of existing garage and construction o£a new dwelling on Gardner's Bay in East Marion, and shown on the enclosed site map. You previously issued an LWRP determination for Trustees, and subsequently the Trustees approved an application under Permit No. 6806 dated January 23, 2008 (copies enclosed). Copies of the current LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, GERARD P. GOEHRINGER Chairman By: Southold Town Board o als TELEPHONE 1516) 76~1809 *' , ACTION OF THE ZONING BOARD OF APPEALS Appltcatio= Date~* ~anua~y e, 1987 TO= Mr; and Mrs. D~niel ~c~a~y [Appell~.nt(s)] · ,, 368'Stat]0n Road ~=~, ~ :~ . . Bellp0rt, NY t1713 At a ~eeting of the. zoning Board of ~peals belden 'March $~.'1'g87, the above, appeal was considered, and the action indio~te~'bel~w Was taken ..-c?~ti3~ ) '~quest for Variance Due to Lack of Access to Property - , New York Town Law, .Section 280-a, !?~.~,',[ ]~equest for Special ~xoeption un,er the Zoning Ordinance · .. ~j(X~.=~.eq~u.e~t ~or Variance to the Zoning Ordinance ,': ; arcxcie X! , Section 100-119.2(8) ["] R~uest * for ppl~cat~on o~ DANIEL AND IRENE Mc'KASTY. Variance to construct swjmm~gRo0] with fe'nce' enclosure and caban~ w~thln 75 feet Of existing bulkhead .a]on§. t.~dal Water, requj~ng a Variance to the Zoning 0rdJ~ance, A~tJc]e XI,-Sect~on~100-]]9.2. LocatJon'of*P~ooe~ty: ']3220 'Ma~n Read, East Marion,.NY; *Co'uhty Tax Map ~amce] Ns. 1000-31-1~-]2. · NEREAS, ia pu.bl~c hearing was held and conc]'uded on February 5, ]987 Jn the:Matter o.f.tbe App]IcatJon of DANIE~ AND IRENE McKA~TY under Appeal.*No.'35%8.~ and ' W~R£~, at s.aid hea~Jng, no one appea~ed o~ spoke concerning th~s a~plJc~t~; and ~HE.~EA$, the boa~d has carefully consJdere¢ all testlmony*and documentatJOn subm~tted.concernJn~ t~Js application; and W~ER£AS, the 6oamd members have pe~sona]]y v~'ewed and a~e fam~]~awwJth the ~emJses Jn question, its 9~esent zoning, and .~he ~ur~oundJng a~eas; and HH£REAS,~%he boa~d made the following findings of fact: ]'. ~By 'th~s a~pl{cat~en, apP~l'¥~nts ~eque'st a Vam~an6e fmom the p~ov~sJons of;~t~.cle XI, Section ]00-]19.2(B) ~o construct a ~0' by 40'. Jngro~nd swJm~n§poo], decks, cabana, and fence encl-6$u~e', a~]l ~lth 'a setback of app~ox~ffi~e'ly 30 the exi's%~ng.~6~d bulkhead a]"ong the southerly section of the premises and approximately 4Q feet f~om the sxlstJng wood bulk- .bead along thp. easte~']y %~ctJon of the p~emJses. 2. '~he premises-~n question Js located aloe§ the south side of the Main Road, East Marion, mo~e particularly identified On the Suffo]k County Tax Naps as D~st~Jct ]000, Section 3], Block 14, Lo~ 12, amd cohtaln$ a tota] uDland a~ea o'f appmox~mately 4~,140 ~9~ ft. wJ't~ f~ontage along both 0~ent Ha~bor and Dam ~tNUED 0~ 'P?~E~T~O) DATED: March 5, 1987. Foz~ ZB4 (rev. 12/'81) CEAIP~, SOUTNOLD TOWN ZONING BOAP. D OF APPEALS PAge 2 - Appeal No,' 3598 Matter of DANIEL AND IRENE McKAS?Y Decision R6ndered March 5, 1987 3. The subject premises is located in the "A-40" Residential and Agricultural Zoning Dl.strict and is improved with a sinqle- family dwelling set back 72+_ feet from the front property line (along the Main Road), 41~ feet from the southerly wood bulkhead, ?0± feeh from the west side property line, llO+_ feet from the east side property line, all as depicted on survey sketch submitted with the appli.cation. 4.' Th~ reasons given for this appeal ere that the applicants would not be permi(~ted to enjoy the use of ~ pool, and that th~ new construction w~uld enhance the property. No additional testimony or reasoQs were furnished at the hearing. B. It is the unanimous agreement of the board members that the area chosen for the new construction proposed herein is not the most feasible under the circumstances. There is alternative locations fo)' this attached deck, pool and fence enclosure landward~of the back (water-'side)'of the dwelling, particular.ly in light of the history of tidal action along the Orient. Har.bor siU~ of the bulkhead. The variance under the circumstances are substantial in relation to the requirements and is not the minimal necessary as applied. 6. 'For the record it ls noted that a new Building Permit ~13g66z issued March 22, 1985 for a new dwelling and enlarged garage in the frontyard is peR.ding. The last inspection, noted in the record was 12/23/85 approving the insulation in the new dwelling. As df today, a Certificate of Occupancy this co.nstructien has not been issued, In considerin~ this appeal, the board also finds and determines: (al the relief requested is substantial in rela-. tion t.o the requirements, being ~ variance of 60%; {b) the' relief requested i~ not 'the minimal necessary; (c) the di~fficulties claimed are not sufficient to warrant the grant- ing of th~ variance as ~pplted; {d) there are other methods feasible for appellants to pursue, other than a variance; (el the circumstances of the proper~y are unique, particularly' to low el'~vations -~bove mean sea level varying between 5.0 feet to _'7.1 feet, ~nd its frontag.e ~long two sides with Orient.: Harbor and Dam PonO Inlet; (f) the granting of this variance is not withim the spirit of the zoning ordinance and criteria set by the Courts;.' (gl the difficulties claimed are self- impos_ed, particularly due to the minimal setbacks established under the. Buildi_ng.~PArmit pending at this time; (h) in view of the manner in which the difficulties arose and in~' considering all l~' above factor~, the interests of justice would be served by-denying, the variance as applied~ -..~ Accordinglg, o~ motion by Mr, Douglass, s-~condeU by, Mr. Goehrtnger~it was ' RESOLi'ED, that ~he relief requested under Appeal No. 3598 in the Ma_tter of the Appli_qaiq.ion _of DANIEL AND I.RENE McKASTY 'BE~AND HEREBY 'IS DENIED in its entire~ty. Vote ol~'the B~ard: Ayes: Messrs-~' Goehringer, Grigonis, Doyen and Dodglass.' '(Member Sawicki was absent.) This resol~- ti.un was du']y~..adopEed. lk GERARD P. GO~HI~ING~R, ~TTRMAN .March 1.8, 1987 IUR~=Y FOR. FRANK GILLESPIE AT EAST MARION TOWN OF '$OUTHOLD SUFFOLK COUNTY, NEW YORK APPEALS BOARD MEMBERS Gerard E Ooehdngcr, Chairman Serge Doyen Jam~ Dinizio, Jr. Robe~ A. Villa Lydia A. To,ora BOARD OF APPEALS TOWN OF SOUTHOLD SouthoM Town Hall 53095 Main Road FO. Box 1179 Southold, New'York 11971 Fax (516} 765-1823 Telel~one (516) 765-1809 THE SOU/i{OLD ?O~7~N CLERK DATE /~/~-/~ HO~ /~ ~ , ~o~;n ct ~o.ib¢!d Appl. //4421 ACTION OF THE BOARD OF APPEAT~R DATE OF ACTION: 11/19/96 APPLICANT: IIENRY TRAENDLY LOCATION OF PROPERTY: 13220 Main Road, East Marion COUNTY TAX MAP DISTRICT 100O SECTION 31, BLOCK 14, LOT 12, BASIS OF ACTION: July 12, 1996 Notice of Disapproval by the Building Inspector; Article XXIII, Section 100-231 of the Zoning Code for approval of four ft. high fence on top of a four ft. high berm, as exists, located In tile f~ont yard of this residential zone. FINDINGS: Berm and feace height visibly appears re be up to almost 12 ft.. height, rather than the 8 ft. total height requested in the al:plication. (Agentefor representation has nor confirmed exact height for the record, by transit or other tools). The applicant has an oval or eircuisr type driveway and this combination structure extends within the landscaped area along Route 25, from the edges of the existing driveway (within temporary easement a~eas shown on the sketched portion of survey.) For further information, please see hearing transerip! for all statements made. MOTION MADE BY: L. Terrors, SECONDED BY: R. Vllia ACTION/RESOLUTION ADOPTED: DENIED height total at 8 ft., and ALTERNATIVELy GRANTED Approval of total height at up to six feet fey combination berm and fence, from natural g-round meaau~ed--'~t the ~mne ground height of center line of Route 25, and not extending past oval curve of ex!.,~ting ctviveway, shown on map submitted with ~ application, · REASONS: The Code provides for a ma~fimum height of four feet in or along a front yard. Tho ~alief requested is substantial at 100 percent, being four feat or moro Creater than the code requirement. The relief ~equeated has been self-created by property owner{s) ovel' the past few years. VOTE OF THE BOARD: Ayes: James Diuizio, Jr., Robert A. Villa, Lydia A. Tortora, Oeror~ P. Goehldnger. This ~e~olutlon was Member Doyen of Fishel-s Island was absent, nee involved. 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 28, 2008 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 Mr. Henry H. Traendly P.O. Box 1589 Jamesport, NY 11947 Re: Building Inspector's Amended Notice Issued July 25, 2008 Dear Mr. Traendly: Following the ZBA heating held on July 24, 2008, our department received a copy of a determination issued on July 25, 2008 by the Building Inspector as an amendment to his original January 30, 2008 Notice of Disapproval. Thank you. A copy of same is enclosed for your records. Very truly yours, Encl. Linda Kowalski 27 MAIN MAR/ON LAKE MARION LAKE 9 COUNTY OF SUFFOLK Rea Property ]ox Service rw. ~ SOUTHOLD 1000 SECTION NO PROPERTY