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6392
BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECI:IVED Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIOn, ~.. ~/2,,,.~{/~ MEETING OF AUGUST 18, 2010 Sou,'rhold Tow~ Cler~ ZBA FILE: 6392 NAME OF APPLICANT: Charles D. and Diane HarkoffRvc. Trt. PROPERTY LOCATION: 835 First St., Cutchogue, NY SCTM# 1000-117-08-15 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION.' Subject property is a non-conforming 6,332 sq. ft. lot in the Hamlet Business zone. It is improved with a one-story framed restaurant building with seven accessory structures. It has 84.34 feet of frontage on First Street; 75.00 feet along the south property line, 84.52 feet along the west property line and 75.00 feet on the north property line as shown on a survey dated December 8, 2009, Update survey, prepared by Nathan Taft Corwin, Ili, LS. BASIS OF APPLICATION: Request for Variance from Code Sections 280-122A and 280-15, based on an application for building permit and the Building Inspector's March 10, 2010, Notice of Disapproval concerning renovations/additions and "as built" storage buildings. For the renovations/additions;l) less than the code required side yard setback of 15 feet, 2) less than the code required front yard setback of 15 feet; 3) (Pursuant to Walz (5039) interpretation such renovations and additions will constitute an increase in the degree of nonconformance) For the storage buildings: 1) less than the code required side yard setback of 15 feet, 2) less than the code required rear yard setback of 25 feet, 3) accessory structures located in area other than the code required rear yard; Lot coverage at more than the code required maximum of 40%. RELIEF REQUESTED: The applicant proposes to reconstruct a portion of the existing roof and the entire front wall of the principal building, relocate and reduce the number of the accessory structures. They are also requesting a rear yard setback of 6.4 feet where the code requires 25 feet and a side yard setback of less than 1 foot where the code requires 10 feet for the "as built" storage area addition. The front wall has a 0 foot front yard setback where the code requires 15 feet and the side yard requested is 13.4 feet where the code requires 15 feet. Additionally, the applicant is requesting 62.8% lot coverage where the code requires 40%. Page 2 - Auugust 18, 2010 ZBA File#6392 - Harkoff ADDITIONAL INFORMATION: The principal building and accessory structures are used as a restaurant named Legends. This restaurant is and has been a defining landmark and contributes to the characteristics of this small Hamlet Business (HB) zoned area of First Street. The proposed remodeling and reconstruction of a portion of the existing roof and front wall are necessary due to structural failings of the roof system causing the bowing out of the front wall. The applicant's insurance company has requested that this condition be resolved. At the Public Hearing a neighbor spoke in favor of the application and submitted a letter stating their support. The building to the south is a pre-existing non-conforming business building and there are several marinas located across the street. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b{3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed remodeling and reconstruction of the principal building's roof system and front wall will be within the pre-existing non-conforming foot print of the principal building and will maintain the same style and character to that which exists today. The proposed as- built storage area addition and the proposed as-built rear kitchen entry addition to the principal building in the rear yard cannot be viewed from First Street and will not produce an undesirable change in the character of the neighborhood. Additionally, the relocation' of the existing accessory metal freestanding walk-in boxes and accessory frame shed in the rear and side yard cannot be viewed from First Street and will not produce an undesirable change in the character of the neighborhood and will not pose a detriment to nearby properties as a result of their relocation. 2. Town Law §267-b(3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Due to the pre-existing non-conforming location of the principal building and the small size of the parcel, an area variance(s) will be required for any exterior reconstruction and/or addition to the principal building as well as proposed relocation for accessory structures located on this parcel. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial permitting a lot coverage variance of 57%, a front yard setback variance of 100% and a rear yard setback variance of 74%. However the substantiality of the granted variances are mitigated when taken in context with other parcels and their improvements in this HB zoned district and the pre-existing location of the principal building and the re-location of the existing non-conforming accessory structures. Furthermore, the proposed lot coverage of 62.8% is a reduction by 17% of the existing non-conforming lot coverage of 79.8% 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created regarding the original principal building. The difficulty is a consequence of the pre-existing non-conforming location of the principal building and the small size of the parcel. However, the difficulty has been self-created in regards to the "as built" additions to the principal building. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of reconstructing a new roof system and front walls to their restaurant, adding an addition for storage and an additional rear entry as well as the relocation of accessory walk-in boxes and a frame shed in the rear and side yard, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 Auugust 18,2010 ZBA File#6392 - Harkoff CTM: 1000-117-8-15 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the Architectural Drawings entitled Renovations to Legends Restaurant, Sheet title Site Plan 1, Floor Plan 2, Roof Plan 3 and Building Elevation 4, dated March 10, 2010 prepared by Nancy L. Steelman, R.A. Any deviation from the survey, site plan and/or amhitectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformilies under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mimrnis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horning~ This Resolution was duly adopted (4 -O ). Approved for filing ~' ~O /2010 AUG _ , Cler KING STREET SURVEY OF PROPERTY SITUA TED A T NEW SUFFOLK TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-117-08-15 SCALE 1":10' APRIL 27, 2001 AREA = 6,3.~2 sq. ff. 0.145 S 85'20'00" E ?/o/~ CARL A F'~NT SHED 17# N 85"31'00" W STORy FRAME BUILDING 75.00' 75.00' DIANE HARKOFF DENNIS HARKOFF TOTAL LOT COVERAGE DATA DESCRIPTION AREA ~ LOT COVERAGE BUILDING 5,551 sq. ff. 56.1% ALL SHEDS & WALK-IN BOXES 464 sq. ff. 7.3% WOOD DECK, RAMPS & STEPS (NOT INCLUDING PORtiONS OF SHEDS 1,059 sq. ff. 16.4% AND WALg-IN BOXES ON DECKS) CONC. SLABS (INCLUDINe SEHERATOR) 363 sq. ff. 5.7% BO~S ON CONC. SLABS) TOTAL 5,417 sq. ft. 85.5% FINAL MAP REVIEWED BY ZBA I SEE DECISION # DA?E~ N.Y.S. LIc. No. 50467 Nathan Land Taft Corwin Surveyor PHONE (631)727-2090 Fax (631)727-1727 ~ECEIVEG J 000-t J 7~8-15 PROPERTY: 835 FIRST STREET NEW SUFFOLK, NY t 1956 j OWNER: DIANE AND DENNIS HARKOFF N/O/F PO BOX 1296 DENNI~ HAR~OFF MATTITUCK, NY 11952 DIANE HARKOFF ~ SITE: 6,332.19 SQ. FT. = 0.145 AC. . :.-. FLOOD: AE (EL:6) SURVEYOR: JOSEPH INGEGNO, Sureyor '/~ ~ ~ 322CurrentlYRoanokeNATHANAve, CORWIN III, Su~eyor Rlverhead, NY 11901~965 8 . , ...,, ... . .... ,: ..... . · ... .* ~ ~* ".: ":''" '"'S 05"08'00 W".......", ': .'-'.... ,.- .,.... : .....: .......-. 84 54 ........... >;-'u., ' -:' . , . "'."'. ..'. . .-'. . ." 'c~'vAEw:~-"'"'l'~l ~:~.:'~/~'~ .': '. W SITE PLAN SCALE: 118" = 1'-0" FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~ ~IF NOTICE OF DISAPPROVAL MARCH 1 ROJE O: 0907 DRAWN BY: NS CHECKED BY: X DATE: MARCH 10,2010 SCALE: 118" = 1'-0" SHEET TITLE: SITE PLAN I SHEET NO: 1 ~XlDT. ~TAININ~ AT A~24. ~TAININ~ ~all T~ BE KADE FENCE EXI,DT. 5TORA,~E EXIST. PREP AREA EXIST. /NINE UP CLOSET EXIDTIN¢ DIININ¢ AREA PROPERTY' LINE ~XIST. C,,ONC,. 5LAE5 REMAIN NEAT PISH DAIR'r' INFILL EXIST, NEIfl ~ EXIST. RETAININ~ I, flALL .. 5TAI~. TO REMAIN COOLER PAPER 5TORA,~E: EXIST. CONC,. 5L.A~ CENERATOR EXIST. FOR PV NEY~ PENCE ENCLOSURE I I ~ NEW RETAININ~ InlALL EXIST. ' ~ i,~ N.E~ 42" H HA~IL ( REH'¢Vl-- ALL I, flASH A~A IN THI~ AREA ' "--'" ~XlSt. :., - ON EXIST. EXIT EXIST. ENTRY EXIST. RETAININ~ I%ALL ~ ~ TO BE REMOVED t~r'AININ¢ ~IALL W NE~I 4,2 H HAN~I~AIL L I EXIST. PLAN I ~-~ 5TAIt~. · 1'O 'REHAIN ' Ill I I I I I EXISt. I 5LA~ N~4 GANVA~ AI~NIN~ > EXIST. ENTRY GLOC~ET~ TO BE REMOVED FIRST FLOOR PLAN SCALE: 114" = 1' -0" I NOTE: AREA Of= NEW ~OOP ~TRUC_..TUf;P.E SHOINN Ot~.OSS HATOHED APR ~ D 2OlO BOARD OF AppEAL$ NOTICE OF DISAPPROVAL MARCH 10, 2010 Z,, I.l.I "' 4 "'" ~. ~OJEt~/NO: 0~07 NS MAR~H '10, SCALE: SHEET TITLE: FLOOR PLAN SHEET NO: 2 EXI~TIN~ P`O01= 5 ~ ~J. JCTU~E TO ~ 5XIETII' P`EMAII ~ P`O0~ ~P`E TO P`EMOVE I=AP`APET AND t~EV~ONSTt~JC, T- NEPI PAP`APET (SEE ELEVATION) I I il THIS AI~EA ONL'f i[ iI I I I il ROOF PLAN SCALE: 114" = 1" -0" APl? ~ 9 20~0 BOARD OF APPEAL$ C,,HI MN:I='¢ HEIGHT AS P`E~UIP`ED FOP. NEI, fl P`OOF HEIGHT. NOTICE OF DISAPPROVAL MARCH 10, 2010 DATE: MARCH 10. 2010 SCALE: ~14'" = 1' - 0" SHEET TITLE: ROOF PLAN SHEETNO: 3 o~n~ EXISTING_ EAST. ELEVATION ,,,z Z~ PROPOSED EAST ELEVATION aROd~~0: 0~0~ NS )ATE: MARCH 10, 2010 ~ ~ ~EVIEWED~CALE: 1'' 0" ~ ~ ~ ~ '.BA ,HEET TITLE: ' ELEVATION ~RCH ~ O, 20~ 0 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · ]Fax (631) 765-9064 May 10, 2011 Samuels & Steelman, Architects 25235 Main Road Cutchogue, NY 11935 RE: Legends Restaurant, ZBA File#6392 Dear Ms. Steelman, I am in receipt of your letter dated May 6, 2011 requesting a modification from the relief granted in Appeal # 6392 (August 8, 2010) to Legends Restaurant. Based upon my review of the two site plans you submitted showing the ZBA approved re-location of an existing shed in the rear yard, labeled Notice of Disapproval March 10, 2010, and the site plan labeled Revised: May 4, 2010 showing the existing shed remaining in its original location, I have determined that this change is in keeping with the intent of the relief granted by the Board of Appeals and is therefore a de minimus change. Our office will forward your letter, site plans, and this letter to the Building Department authorizing your proposed change so that you may complete your construction plans as scheduled and obtain your CO. Leslie Kanes Weisman Chairperson/Department Head Cc: Michael Verity, Building Department S A M U E L S & S T E E L M A N May 6, 2011 Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 RECEIVED BOARD OF APPEALS Re: Legends Restaurant 835 First Street New Suffolk, NY SCTM# 1000-17-8-15 ZBA Decision #6392 Building Permit #36159 Dear Board Members, A variance was granted by the Zoning Board of Appeals for Legends Restaurant on August 18, 2010. A building permit was granted on January 31, 2011 to Dennis and Diane Harkoff. Construction has been continuing since that date and has been scheduled to be completed by this coming Memorial Day weekend. As part of the variance request, we had shown on our Site Plan, dated March 10, 2010 the relocation of an existing shed structure. Unfortunately it has now been determined that a portion of the existing sanitary system is in that proposed location and that it is not feasible to relocate it. Therefore we are requesting that the Board consider allowing the existing shed to remain in its current location. We have submitted two Site Plans for your review and consideration. The original Site Plan that was approved for the variance and a revised Site Plan with the Shed in its current location. 25235 MAIN ROAD CU[CIIOGUE, NEWYORK I]%5 (631) 734 6405 If we can provide any additional information or answer any questions, please do not hesitate to call. cc: Mr. Mike Verity Building Dept. RECE]rVED MAY 4 2011 BOARD OF APPEALS Enclosures SITE DATA SCTM # 1000-117-08-15 PROPERTY: 835 FIRST STREET NEW SUFFOLK, NY t t956 OWNER: DIANE AND DENNIS HARKOFF N/O/F PO BOX t296 D~NNI$ HARKO~I~ MATrlTUCK, NY 11952 & DIANE HARKO~F ~. '~ AREA SITE: 6,3:2,19 SQ. FT. = 0A45 AC. ~ ~XmT. ~='r,,,~l~ ~ ALLOWABLE: 40 Yo or 2,532.87 SF 05°08'00" E .~ ~-~ ,-,-~' / ~ ~-~,~ ,~u. ~.~L COVERAGE r~-~ n n----n -- . ~ ~ n EXISTING: 79.8% or 5054 SF ~ COVERAGE .s", ." PROPOSED: 62.8% or 3,978 SF / '.,:~~~7 :....... ~, ' ' ,'" : WALK-INToTALBOXES & SHED. 3978 SF427 SF i.ll:" I'"..." ~--~ ~O~ ZONING: .B. HAMLETBUSlNESS -' ~r ,' I / .xl~.e~Pl.~l FLOOD: AE (EL:6) 1...i~l .:..,., [,~====~ ~E L~ ZONE ~" "~1 J[ I'l;'~zfl ~.~ovm ? SURVEYOR: JOSEPH ,A.. INGEG,O, Sureyor ~'~1' // v~.~,.~,.~J Currently NATHAN CORWIN III, Surveyor ~1~;! ... ,', ~' .:. ~..- ~ f -- ~,-- ~ R,verheza~, NY 11901-0965 Z $ 05'08'00" W SITE PLAN SCALE: 118" = 1'-0" RECEIVED MAY 4 Z011 BOARD OF APPEALS NOTICE OF DISAPPROVAL FR~JE i~:~: ' 0907 DRAWN BY: NS CHECKED BY: X DATE: MARCH 10, 2010 SCALE: 1/8" = 1'-0" SHEET TITLE: SITE PLAN I SHEET NO: 1 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED MAY 2 0 2010 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING May 14, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers T-Mobile Northeast LLC #6379 Sutton * #6385 Southold Free Library #6391 Harkoff #6392 McNamara #6393 Zupa #6394 Duran #6395 Maritime Day School #639~' Cebulski, Fambach & Fambach #6398 * The driveway and pedestrian easements should be separate and distinct in order to avoid potential conflicts. TRK:ds Very truly yours, Thomas A. Isles Director of Planning -- Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P. O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Charles D. & Diane Harkoff Rvc Trt C/O Samuels & Steelman Architects 25235 Main Rd Cutchogue, NY 11935 RECEZVED BOARD OF APPEALS Date: March 31,2010 Please take notice that your application dated March 10, 2010 For permit for renovations and additions at Location of property: 835 First St., Cutchogue, NY County Tax Map No. 1000 Section 117 Block 8 Lot 15 Is returned herewith and disapproved on the following grounds: The proposed construction, ~ non-conforming 6,332.19 sq. ft. lot, is not permitted pursuant to Article XXIII Sectio 2ff~-122~A~vhich states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." '/~' The building with addition, notes a side yard setback of 13.4')>n the north side (1~ required) a d(0' front yard setback (15' required) And the "as built" so~e is indicated at less th~n l'~ide yard setback (required 11~') and~.4' r~ar yard setback (required 25 ). Pursuant to the interpretation of Walz (5039) such addition & alteration will thus constitute an increase in the degree of nonconformance. Additionally, the accessories are not permitted pursuant to Article III, Section~,80-15fAccessory structures shall be located in the rear yard, the accessories are located in the side'~tarff.. lot coverage is required to be 40%, site plan notes a lot coverage Furthermore, Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the $outhold Town Building Department. CC: file, Z.B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ,'l 1F°rOfficeUseOnly ~3() L,~ .) Office Notes: HouseNo. R35 Street First Street Hamlet New Suffolk SCTM 1000 Section 17 Block 8 Lot(s) 15 Lot Size .145AC Zone I-IB I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 3/31/10 BASED ON MAP DATED 3/10/10 Applicant(s)/Owner(s): Charles D. & Diane Harkoff Rvc. Trt MailingAddress: P.O. Box 1296. Mattituck. NY 11952 Telephone: 631-734-5123 Fax#: Email: legendsdh@aol.com NOTE: In addition to the abov~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative: Nancv Steelman Samuels and Steelman Architects for (x) Owner, or ( ) Other: Agent's Address: 2q2-4B M~'irl Roac] C'lltchn~t]~: Telephone 631-734-6405 Fax#: 631-734-6407 NY 110R5 nancy@samue 1 sandst eelman, com Email: Please check box to specify who you wish correspondence to be mailed to, from the above names: {3 Applicant/Owner(s), or []CAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 3 / 10 / 10 AN APPLICATION DATED 3 / 31 / 10 FOR: [~:Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIIISection280- 122A Subsection A & Article III Section 280-15 Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal~ has, g has not been made at any time with respect to this property~ UNDER Appeal No.d-ZI~l Yea~i c[ c~_ . (Please be sure to research before completing this question or call our office for assistance.) NameofOwner: Charles D. & Diane Harkoff ZBAFile# REASONS FOR APPEAL (additional sheets maF be used with pre~arer's signature): AREA VAR1ANCE REASON$: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a PE~L$ detriment to nearby properties if granted, because: See Attached (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: See Attached (3) The amount of relief requested is not substantial because: See Attached (4) Thevariancewi~N~Thaveanadverseef~ct~rimpact~nthephysica~renvir~nmenta~c~nditi~ns intheneighborhoodordistrictbecause: See Attached (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: [~ No. [] Yes (vlease furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING/REQUESteD, AND PLEASE COMPLETE THE ~i/gnaturg~ppellant or Authorized Agent ~Agent mu~ubmit written Authorization from Owner) Sworn to before me this t~-day of./~er~'l ,2010 Notary Public ~ ~ Suffo]k Count!f REASONS FOR APPEAl, AreaVarianceReasons: ) ~OARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because the proposed renovations will not substantially alter the existing building but will solve substantial structural problems and improve the design of the exterior facade. The redesign of the rear area of the site will not create an undesirable change but will help to improve the properties surrounding Legends by reorganizing the site and relocating the existing walk-in boxes away from thc property lines. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance because: The existing building's location within the setback, predates the zoning code. Therefore any proposed renovations that are within the required front setback will require a variance. The existing front wall height is 7'-2" and the back wall at the bar is 5'-10. The wall heights in this part of the building do not meet the NY State Building Code and any attempt to meet the code will require a variance. The redesign of the rear area of the site has attempted to reuse the existing walk-in boxes and wood sheds and to not diminish the existing storage and refrigeration needs currently used by thc restaurant. The building's kitchen area is very small for the amount of patrons who frequent Legends and losing any required outdoor storage areas will have a substantial impact on the efficiently of a very busy kitchen and will have an eventual effect on the business. (3) The amount of relief requested is not substantial because: The increase in the roof and wall height by 3'-6" to 20"-6" is a minor change and is compatible with the height of the adjacent building which is approximately 22' high. Tile redesign of the rear area and the re-position of the existing walk-in boxes m~d sheds has tried to locate them outside the setbacks and the side yards but the position of the existing building does not allow for any flexibility. There remains only 6'-4" of rear yard where the accessory structures would be allowed without being in the side yard. By removing tile wood decking, a walk-in box and shed, the lot coverage has decrease by 17%. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing building which has operated as Legends since 1995 and as a restaurant tbr many year prior is not substantially being altered. By granting the w~riance, there will not be any adverse efl'cct or impact on the physical or environmental conditions in the neighborhood. Prepared by ..//7.' . , / Applicant: Charles D APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) & Diane Harkoff Date Prepared: April 16, I. For Demolition of Existing Building Areas Please describe areas being removed: Remove existin_~ roof structure, and side walls at existinq bar and entry area only. ~,~ECEIVED 2 010 SOARD OF APPEALS front II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: See Attached Number of Floors and Changes WITH Alterations: See Attached IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5054 S.F. Proposed increase ofbuilding coverage: Existinq: 79.8% Proposed: 62.8% Square footage of your lot: 6332.19 S F. Percentage of coverage of yom lot by building area: See Above V. Purpose of New Construction: VI.P~easedescribethelandc~nt~urs(~at~sl~pe%~heavi~yw~~ded~marsharea~etc.)~ny~urland andhowitrelatestothedifficultyinmeetingthecoderequirement(s): F]~t with ~liaht contours do not re%ate to the difficulty in meeting the code Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 REASONS FOR APPEAL Area Variance Reasons: ~OaRo OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because the proposed renovations will not substantially alter the existing building but will solve substantial structural problems and improve the design of the exterior facade. The redesign of the rear area will not create an undesirable change but will help to improve the properties surrounding the property by relocating the existing walk-in boxes away from the property lines. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance because: The existing building's location within the setback, predates the zoning code. Therefore any proposed renovations that are within the required front setback will require a variance. The existing front wall height is 7'-2" and the back wall at the bar is 5'-10. The wall heights in this part of the building do not meet the NY State Building Code and any attempt to meet the code will require a variance. The redesign of the rear area has attempted to utilize the existing walk-in boxes and wood sheds and not to diminish the existing storage and refrigeration needs currently used by the restaurant. The building's kitchen area is very small for the amount of patrons who frequent Legends. Losing any required outdoor storage areas will have a substantial impact on the efficiently of a very busy kitchen and will have an eventual effect on the business. (3) The amount of relief requested is not substantial because: The increase in the roof and wall height by 3'-6" to 20"-6" is a minor change and is compatible with the height of the adjacent building which is approximately 22' high. The redesign of the rear area and the re-position of the existing walk-in boxes and sheds has tried to locate them outside the setbacks and the side yards but the position of the existing building does not allow for any flexibility. There remains only 6'-4" of rear yard where the accessory structures would be allowed without being in the side yard. By removing the wood decking, a walk-in box and shed, the lot coverage has decrease by 17%. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing building which has operated as Legends since 1993 and as a restaurant for many year prior is not substantially being altered. By granting the variance, there will not be any adverse effect or impact on the physical or environmental con~j?tions in th~r~eighborhood. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes E~No Are there any proposals to change or alter land contours? ~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? Iq/A ~ECEIv~D ~O~o or n~t:.nt$ 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Iq/A Please confirm status of your inquiry or application with the Trustees: Iq/A and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Yes If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Re s t aurant ? ~) and proposed use Restaurant ~/~xamples:~istin~/~ngle-Tily; proposed: samewith garage or pool, or other description.) ~ ~t~rized~re ~d Date ' 2/05;1/07 ~ECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of ~ .3 ~ ~,. possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Harkoff. Diane (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception I f "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this~ day of/ .~/ ~ Signature: .q~t~-~.~ ~ Print Name: ~ -Diane Harkof~/~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. RECEIVEC, ~OARD OF APPEALS YOURNAME: Harkoff, Charles D. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this d~y of..~ _ ..' a~ Signature: (r~t~ ~..~../ Print Name: Char~-~D'.r Halt~f f APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Steelman,Nancy L. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception lf"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this foITn and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP BOARD OF AppEAL__ Signature& / ~ ~TJ; ~, ~ ~ mjb( Print Na S tee lman TOWN OF SOUTH( BUILDING DEPAR' TOWN HALL SOUTHOLD, NY 11 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20__ Approved ,20__ Disapproved a/e Expiration ,20.__ BLOG. DEPT. TOWNOFSOUTHOLD PERMIT NO. BUILDiNG PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Cheek Septic Form N.Y.S.D.E,C. Trustees Flood Permit Storm-Water As~essment Form Contact: Mall to: Building Inspector ApPLIcATION FOR BUILDING PERMIT INSTRUCTIONS ,20/ a. This application MUST be comple~e!y filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, acourate plot plan to scale. Fee according to schedule. b_. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. 'd. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months aiter the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shrill be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a BUilding Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, Or alterations or for removal or ~lemolition ~s herein described. The applicant agrees to comply with all applicable laws, ordinances, building Code, honsin,~ode, and reg~ions, and to admit authorized inspectors on premises and in building for necessary inspections. ~_ or ifaeo o on> (Mailing address of'a~lieant) / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~-'~'}t~]~")~. * ~V~F3~'9 ~ (As on the tax roll or latest deed If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which pz.gpose~t wo~rk~will be done: .'7? © House Number Street County Tax Map No; 1000 SeCtion /]7 Subdivision · Hamlet Block O~ Lot Filed Map No. J~r-'~vl o~K~K)clro State existing use'.:and occupancy of presses m),d intended u~e-and occupancy of proposed :conStmction: a. Existing use and occupancy b. Intended use and occupancy l~--,_-~lJ/'",~/ffJr'_. ........ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~ ,~,~_:EE>~9 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, 6~:~..~rcial or mixed occupancy, specie, nature and extent of each type of Use. Dimensions of existing structures, if any: Front ,70° Height /&,Ldo" Number of Stories L o/'212;' Dimensions of same structure with alterations or additions: Front 7dP, ~ ~ Rear Depth ~'~,'~ ~ Height ,/c),,t,~ ,, Number:of'Stories ..4.:~zvrt~_~ 8. Dimensions of entire new construction: Front ~ Rear Height ~ Number of Stories .--- 9. Size oflot: Front ~4,1.~4' Rear ~o ~2; Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ]-~]~ - ~i~m/o2/- 12. Does p~osed eonsmqtion violate ~y zg~ing law, ordin~ce or regulation? ~S ~ NO 13. Will lot be re.~ed? ~ NO;~ Will excess fill be removed from premises? ~S NO 14. Nines of O~er of promises ~ Ad~ess~O.~/2q6~oneNo. Nme of ~chiteet ~d ~ Ad~ess~Phone No Nme of Con,actor ~- Ad,ss ~ Phone No. 15 a. Is this proPe~ Wi~in 100 fe~ of a tidal wetl~d or a ~eshwat~ wetl~d?~S NO * IF ~S, SO~OLD TO~ ~US~ES & D.E.C. PE~TS ~YBE ~Q~D; b. Is ~is prope~ wi~ 300 feet of a tidal wetl~d? * ~S ' NO ~ * IF ~S, D.E.C. PE~TS ~Y BE ~QUI~D. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property. YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: GETTY^ I OF/~-/~ __) f ;~.~/~nC~U t~'~ree]/'qo~.]~- being duly sWorn, deposes and says that (s)he is the applicant · ' (Naine df individual signing contract) above named, (S)He is the A~ '~')Q ' ¢~--~ ' (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 30 day of ~-~ 20 0 ~ / ~ ~-of Applicant Notary Public JOhNNIE M. DOUOHEmY April 19, 2010 S A M U E L S & S T E E / M A N Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Legends Restaurant 835 First Street New Suffolk, NY SCTM# 1000-17-8-15 Dear Board Members, As per the Notice of Disapproval from the Town of Southold Building Department dated March 31,2010, we are submitting eight sets of the following documents for a Variance(s): 1. Notice of Disapproval from the Town of Southold Building Department 2. Permit Application 3. Application 4. Letter of Authorization 5. Project Description 6. Questionnaire Form 7. Photos 8. Transactional Disclosure Forms 9. Town Property- Card 10. Check for $600. 11. As Built Survey by Nathan Corwin 12. Drawings a. Site Plan b. Floor Plan c. Roof Plan d. Elevations ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEWYORK 11935 (631) 734 6405 FAX (637) 734-6407 If we can provide any additional information or answer any questions, please do not hesitate to call. Sincerely, , Samuels/and Steelmah Architects Nancy S, te,~lmmi RECEIVED BOARD OFAPPEALS 473889 117.-8-15 NUMBER# DATE TYPE 21696 10/07/93 PERMIT OWNER: DENNIS & DIANE HARKOFF zo # 22817 21952 3/22/94 PERMIT 23141 25781 6/08/99 PERMIT 34789 6/16/09 PERMIT 34044 o/oo/oo o/oo/oo o/oo/oo o/oo/oo o/oo/oo o/oo/oo USE/DESCRIPTION ALT REST. Constru~alteration ADD TEMP BP#21952Z Construct a EXPIRED SEE BP ~ 34789 ALTERATIONS Fl=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit RECEI*VED 80A~D O~ AppEALS ~CEIVED LETTER OF AUTHORIZATION ~OARD OF APPEALs Charles D. & Diane Harkoff PO Box 1296 Mattituck, NY 11952 (631) 734-5123 November 18, 2009 We hereby authorize Nancy Steelman of SAM U ELS & STEELMAN ARCHITECTS to act as our agent in obtaining all permits required by the TOWN of SOUTHOLD, SUFFOLK COUNTY and NEW YORK STATE for the renovations of our restaurant (Legends) located at 835 First Street, New Suffolk, N.Y. '-"Charles D."firar~off, Dwne/r//// Diane Harkoff, Date LEGENDS - EXISTING EAST ELEVATION [,EGEND - EXISTING NORTH EAST CORNER LEGENDS - EXISTING SOUTHWEST CORNER OF PROPERTY LEGENDS - EXISTING REAR CORNER AT KITCHEN LEGENDS - EXISTING REAR CORNER AT KITCHEN ENTRY LEGENDS - EXISTING REAR AT SHED TOWN OWNER rO~MER OWNER' ' .~t' /~la~: L~, ~.t~q~ LAND AGE NEW SEAS. IMP. NORA4AL VL TOTAL OF $OUTHOLD STREET NC', PROPERTY RECORD CARD~;o,~;~oo~.~. DISTRICT SUB. LOT VILLAGE FARM DATE BUILDING CONDIT ON BELOV~ V~lue I; tb ~v ~ ~8, o,~e PIo~ .~tal W i-- .,./ , . TYPE OF BUILD NG ,_~ ...:~,:~~ 1.~ ~ '/"~~ ~ IND. CB. ' MISCV~ I ~t. Mkt. REMARKS ~ , BULKHEAD D~OCK BOARD OF APPEALS M. Bldg. jExtenston Extension Extensi. on Bre~ezewoy t~ Bath Floors nterior Finish Fou ndati__o_n_ .......... Basement __ /V' Ext. ~o,,, ~ ~.1,. Fire Place 4eat ioof Type Porch Pomh Rooms 1st Floor Rooms 2nd Floor Dormer APPEALS BOARD MEM~BERS Oera~i lq Goehringer, Ctmirm~n Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C, Wil~on Telephone (516) 766-1809 BOARD O~ ~P~ TO~ O~ SOUTHOLD ACTION OF THE BOARD OF APPEALS Town Hall, 53095 Main Ro~d PO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 APPL. NO. 0,219: Application of DIANE HARKOFF for a Variance under Article IX, Section 100-92 to construct Storage area, repla'cing walk-in cooler existing in rear yard. [his project exceeds the maximum-permitted lot coverage requirement in this Hamlet-Business {HB) Zone District. Loci/on of Property: 835 First Street, New Suffolk, NY; County Tax Map Parcel No. 1000-117-8-15. The subject premises is substantard as to lot size. At a Regular Meeting of the Zoning Board of Appeals held on March 2, 1994, the following action was taken: WHEREAS, after due notice, a public hearing was held on March 2, 1994, at which time aJJ those individuals who desired to be heard were heard and their testimony recorded (see transcript of verbatim testimony prepared under separate cover and filed under the same date hereof); and WHEREAS, Board Members have carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its existing buildings and improvements, and the surrounding neighboring areas; and WHEREAS, the Board made the following Findings of Fact: 1. This ia an appeal of the February 10, 1990, Notice of Disapproval issued by the Building Inspector based upon a building permit application to construcl, an addition at the rear of the existing Restaurant building. The reason given for the issuance of the February 10, 1994 Notice of Disapproval is that this proposed 12, ft. by Z2 ft. storage addition exceeds the maximum-permitted lot coverage by 260. square feet {see further clarification at Paragraph 4, Page 2 hereof). 2. The premises which is the subject of this request is a described parcel of land referred to as "Ihe Legend Restaurant" situated at 835 First Street, New Suffolk. The dimensions of this parcel and location of existing improvements are more particularly shown on the survey prepared by Harold P. Tranchon, Jr., P.C. dated August 8, 1979. The walk-irt cooler is 9.6 ft. by 13.6 ft. as exists, and will be replaced by the new addition of a size 12 Page ;? - Appl. No. ~1 Matter of DIANE HARK'~FF Decision Rendered March Z, 199L~ ft. by 22 ft. The new addition is also proposed foe inside storage of items (that are presently left outdoors). 3. For the record it is noted that there is a pending Building Permit issued October 7, 1993 for renovations within the exlstin~ footprint (see Permit No, 21596~. and that the applicant acquired the premises on September 24, 199~. 4, The land area over which this additional lot coverage is requested pertains only to the squaring-off at the rear of the restaurant up to the existing party wall along the southerly (sldeJ property line,, while maintaining the existing nonconforming rear yard setback established at approximately 15 feet between the rear prope~y line and the outside wall of the building. The existing walk-~n cooler contains 130,56 square feet of lot coverage; the new addition will contain 2§~ square feet, for a difference of 133.44 square feet. The amount of overall lot coverage, as exists, is substantial compared to the code limitation of q0% of the total 6,338 sq. ft. lot area, or 2,232 square feet. However, the amount of new area is realistically 133 square feet, which is minimal unde~ the circumstances. 5, In considering this application, the Board also finds and (al that the difficulties claimed and applied to the land outweighs injury to the public; (bi that the relief requested is substantial in relation to the lot coverage requirement of the Zoning Code, however, it is not substantial Jn relation to the established lot coverage nonconformity; lc) that there is no alternative for appellant to pursue, other than a variance due to the nature and character of the land and surrounding lots in the immediate neighborhood; (d) the location of the new construction will not create a nuisance or injury to the public or interfere with nearby uses in this use district or adjacent use district; (e) the relief will not be adverse to the preservation and protection of the character of the neighborhood or alter the essential character of the community; (fi in view of all the above, the interests of justice will be served by granting the relief, as requested. Accordingly. on motion by Member Dinizio, seconded by Member Wilton. it was Matter of DIANE HARK~-~F Decls~on Rendered March 2. 199~ RESOLVED. to GRANT a variance to increase lot coverage by 134.5 square feet, as applied. SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the walk-in coo~er area which presently exists as an accessory structure be removed, as agreed by the applicant-owner. 2. That the new addition not reduce the existing nonconforming rear yard setback of the building, as agreed by the applicant-owner. 3. That there be no outside storage of articles used in conjunction with business, as agreed by the applicant-owner. ~, That all other codes be complied with and appropriate permits be obtained before commencing buildJn9 activities. VOTE OF THE BOARD: AYES: Messrs, Goehringer. Dinizio. Villa. and Wilton. IMember Doyen of Fishers island was absent due to poor weather conditions. ) This resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN ~C C rd. KING STREET 75.00 ~d. mon. 232 FORMERLY 5.00 (viA N STREET Ld LAND SURVEYOR .i - SUCESSOR TO WILLIAM G. MEIER ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville Apdl 20, 2010 Zoning Appeal No. 6392 Transmitted herewith is Zoning Appeals No. 6392 of Samuels & Steelman Architects for Charles & Diane Harkoff- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Cover Letter from Samuels & Steelman Dated April 19, 2010, Notice of Disapproval from Building Department Dated March 31, 2010, List of Permits on Property, Authorization Letter from Charles & Diane Harkoffto Samuels & Steelman Architects to Represent them in this Matter, 3 Pages of Photos of Property, 2 Pages of Property Record Cards, 4 Pages of Action of The Board of Appeals No. 4219 Dated March 2, 1994, Copy of Survey Showing All Existing Construction on Property Dated December 8, 2009 Prepared by Nathan Taft Corwin III Land Surveyor, 4 Pages of Plans Showing Site, Floor, Roof& Elevations Dated April 27, 2001 Prepared by Nathan Corwin III Surveyor. Town of Southold P,O Box 1179 Southold, NY 11971 Date: 04/20/10 * * * RECEIPT * * * ReceiptS: 77769 Transaction(s): 1 1 Application Fees Reference Subtotal 6392 $600,00 Check~: 15478 Total Paid: $600.00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6392 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 29, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pumuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 29~ 2010: 10:20 A.M. - CHARLES D. and DIANE HARKOFF RVC. TR. #6392 - Request for Variance from Code Sections 280-122A and 280-15, based on an application for building permit and the Building Inspector's March 10, 2010, Notice of Disapproval concerning renovations/additions and "as built" storage buildings, at: For the renovations/additions;I) less than the code required side yard setback of 15 feet, 2) less than the code required front yard setback of 15 feet; 3) (Pumuant to Walz (6039) interpretation such renovations and additions will constitute an increase in the degree of nonconformance) For the storage buildings: 1) less than the code required side yard setback of 15 feet, 2) less than the code required rear yard setback of 25 feet, 3) accessory structures located in area other than the code required rear yard; Lot coverage at more than the code required maximum of 40%, at: 835 First St., Cutchogue. SCTM#1000- 117-8-15. Zone - H B. 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 contact our office at (631) 765-1809, or by email: Vicki.Toth(~fi'own.Southold.n¥ous. Dated: July 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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: HARKOFF (LEGENDS) # 6392 SCTM #: 1000-117-8-15 VARIANCE: SETBACKS/LOT COY. REQUEST: ADDITIONS/AS BUILT STORAGE BLDGS. DATE: THURS, JULY 29, 2010 10:20AM BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING STATE OF NEW YORK) ~' '/~'~ ) SS: O~. COUNTY OF SUFFOLK)-- Karen Kine of Mattituck, in said count, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, puMished at Maffituck, in the Town of Southold, Coun~ of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ week(s), successively, commencing on the 15~ day of July, 2010. 'Principal Clerk CHRISTINA VOLINSKI · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiese, or on the front if space pem3its. 1. ArticleAddmssed to: 2. Article Number (Transfer from service label) A. Signature X [] Agent [] Addressee B. Received by ( Prin~d Name) C. Date of Delivery 3. Service Type 'J~ Certified Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7~ 9 1410 0002 1064 3196 ~ PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M~1540 ~ 0002 1064 3196 GEIPT ED M U E L S & E E L M A N 25235 MAIN ROAD ITCHOGUE, NEWYORK 11935 ie Haefele ~ Il h l hi I , ,, 11 ,hh I I hl!ll~l III I~1 ~,~ II I~ Ill I Ill Ittll USPS - Track & Confirm Page I of I Search Resells Label/Receipt Number: 7009 1410 0002 1064 3196 Class: First-Claes I~lail® Service(s): Certified Mail'" Return Receipt Status: Notice Left We attempted to deliver your item at 1:28 PM on July 24, 2010 in CUTCHOGUE, NY 11935 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/red~!ivery, or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Enter Label/Receipt Number. Detailed Results: ,, Notice Left, July 24, 2010, 1:28 pm, CUTCHOGUE, NY 11935 · Moved, Left no Address, July 22, 2010, 7:14 am, HUNTINGTON STATION, NY · Arrival at Unit, July 16, 2010, 8:52 am, HUNTINGTON STATION, NY 11746 · Acceptance, July 15, 2010, 1:21 pm, CUTCHOGUE, NY 11935 Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gf¢ http://trkcnfrm I .smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 7/27/2010 -I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application (Name of Applicants) AFFIDAVIT OF MAILINGS i3OUNTY OF SUFFOLK) STATE OF NEW YORK) ,.~~, New York, being duly~swom, 'depose and .say that: , On the ~ ' day of .~.~. ,2C~ I personally mailed aJ the Urlited 8tat.~s 'Post Oflico in ~U~-~J~)~]'LA--Q-~ , New York, by OERTIFIEB MAIL, RETURN RECEIPT REQUESTED, a lnJe copy .of the' attached Legal' Notice ia prepaid, enye.lopes addressed to current owners shown'on the current asseSsmeot.toll verified fr~m the official reqo. rds Ol;i fil.e with the~i Assessors, 'or ( ) County Re~l Prope~ Office' ~C)' .O~bJp/TT~)C/./~. ., for'every .preperb/which abuts and is 'across a public or private st[eet, or vehicular right-of- way of record, surrounding the appli~ant~'s property. __ ' (Signature) 8worn to before me this ~ - B Ol"fl'll£ I. DORosKI N0taq/Public, State Of ftC) ' No..O] 906095328, Su~olk g~an~ Term £xDire~July 7, 20 PLEASE list, on the: back of this Affidavit or on.a. sheet Of paper, the ot numbers hex{ to the owner names and addresses for'which notices were mailed. Thank you: : (Endorsement Req ulred) Restricted [:)ell~l,/Fee (Endorsement Required) lO.&3 Postage Certified Fee I~ (Endorsement Requlredl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) RECEIVED BOARD OF APPEALS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo. ltv - . Iq'- COUNTY OF SUFFOLK) STATE OF NEW YORK) I , New York, being duly sworn, de~se an~ say that: On the 26~ day o~0o}~ , ~, I ~rsonally plac~ the Tobin's omc/al Poster, ~th ~e date of heating and nacre of ~y application noted ther~n, sec~ely upon pro~, located ten (I0) f~t or closer from the strut or h~t-of-way (~veway entr~ce) - facing the s~t or facing each s~t or right-of-way enhance;* and ~at hereby ~ 0mt the Poster has remained m place fo[ seven ~ys phor to t~t ~te of the subject he~ng date, w~ch hearing date w~ shoxu~ to be _ ._]~ Zq '~~ Sworn to before me ~s ~~~~~ - 2 ~ot~ Public PATP4CIA RICHARDS Notary Public, State of New York No. 01RI6042467 Qualified in Suffolk County Commission Expires May 30, ~ *near the entrance or driveway entrance of mv nmpertv a~lh¢ ~r,'o m,,o, ,,:.~m~ ,~ · Complete items 1, 2, and 3. AJso complete item 4 if Restricted Delivery Is desired. · Attach this card to the back of the mallpiece, or on the front if space permits. D. Isclallve~addmesdilferer~fmmlteml? r-lye~ 3. Sen4ce Type ~ R/~q~ad~istemdMall r'l Expmss Mall [] Return Receipt for Me~chancllse [] Insured Mall [] C.O.D. 4. Restricted Dslivee/? (Extra Fee) [] Yes 7009 1410 0002 1064 3189 PS Form 381 1, February 2004 · Complete items 1,2, and 3. Also complete Item 4 If Reefltcted Delivery is desired. · pifnt your name and address on the reverse · Attach this card to the back of the maJlpiece, Domestic Fletum Receipt 102595-(]2-M-1540 lc. ff YES, enter dallv~y addre~ below: ~l~No I-IR~ r"l Return Recalpt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) I-I y~ ~m~ ~,~m ~ ~ 7009 PS Form 381 1, February 2004 1410 0002 1064 3172 .UgPS - Track & Confirm Page 1 of 1 Search Results Label/ReceiDt Number: 7009 1410 0002 1064 3196 Class: First-Class Mail® Service(s): Certified MailTM Return Receipt Status: Notice Left We attempted to deliver your item at 1:28 PM on July 24, 2010 in CUTCHOGUE, NY 11935 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www.usps.com/radelivery, or call 800-ASK-USPS to arrange for redelivery, if this item is unclaimed after 15 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Enter Label/Receipt Number. Detailed Results: · Notice Left, July 24, 2010, 1:28 pm, CUTCHOGUE, NY 11935 · Moved, Left no Address, July 22, 2010, 7:14 am, HUNTINGTON STATION, NY · Arrival at Unit, July 16, 2010, 8:52 am, HUNTINGTON STATION, NY 11746 · Acceptance, July 15, 2010, 1:21 pm, CUTCHOGUE, NY 11935 Track & Confirm by email Get current event information or updates for your item sent to you or others by email. /;e > RECEIVED 'JUL BOARD OF APPEALS http://trkcnfrm 1 .smi.usps.com/PTSInternetWeb/InterLabellnquiry.do 7/27/2010 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 14th: 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 ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than July 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available).' These will be kept in the permanent record as proof of all Notices. 2) Not Later July 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 or mail your Affidavit of Posting for receipt by our office before July 27, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. July 26, 2010 Kim and Dan Petde PO BOX 612 775 First Street New Suffolk NY 11956 Re: Legends Renovation To: Zoning Board of Appeals We couldn't attend the headng in person as this is a business day for us but we wanted to share our thoughts with you. As background, we both live and work in the building immediately adjacent to (south) Legends, From a visual perspective, we think the new plans are aesthetically pleasing and certainly compatible with the New Suffolk community. We believe that Legends' plans would only have a positive impact on us. Just so you know, we've been neighbors for 11+ years and they've always bean very considerate neighbors. Kim and Dan Petde Office Location: Town Annex/First Hoor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 29, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6392 Owner/Applicant: HARKOFF, Charles D. & Diane Rvc. Trt. Action Requested: Renovations and additions-setbacks. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Lesli~ · .Weisma,o--- BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 19, 2010 Nancy Steelman Samuels and Steelman Architects 25235 Main Rd Cutchogue, NY 11935 Re: ZBA # 6392, Harkoff Dear Ms. Steelman: Transmitted for your records is a copy of the Board's i~ ~, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely,(--) Vicki Toth Encl. Cc: Building Dept. pECOHIC CUTCHOGUE HAF~OR SECTION NO