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HomeMy WebLinkAbout6414 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 R£CEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15,2010 $outhold Town Clerk ZBA FILE: 6414 NAME OF APPLICANT: Michael and Renee Bellero PROPERTY LOCATION: 2095 The Strand and The Greenway East Marion, NY SCTM#1000-30-2-52 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 July 28, 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 consists of 31,160 sq. ft. and is improved with a single family dwelling. It has 232.62 feet on The Strand, 99.76 feet along The Greenway, 285.84 feet along the north property line and 50.64 feet along the eastern property line as shown on the site plan labeled S-1 prepared 7/14/10 by Mark Schwattz, Architect. BASIS OF APPLICATION: Request for variance from approved Cluster Subdivision setbacks and Code Section 280-18, based on an application for building permit and the Building Inspector's May 26, 2010, amended July 13, 2010 Notice of Disapproval concerning proposed additions/alterations to existing single-family dwelling at: l) less than the approved front yard setback of 25 feet; 2) mom than the code required maximum number of two and a half stories. RELIEF REQUESTED: The applicant proposes to construct additions and alterations with a front yard setback of 16.5 feet where 25 feet is allowed per the Cluster Subdivision Setbacks and to expand the existing non-conforming habitable space on the third floor of the dwelling. ADDITIONAL INFORMATION: An adjacent landowner submitted a letter in support of the application. The existing house has a height of 37.2 feet which the applicant proposes to expand. The proposed addition to the third story will add two bedrooms, a full bath and a sitting room. Due to the sloping topography of the subject property, the basement is a walkout on grade. The existing house currently has three bedrooms. The proposed additions/alterations will add three additional bedrooms, a sewing room and a family room in the basement, for a Page 2 September 15, 2010 ZBA Fileg6414 - Belleto CTM: 1000-30-2-52 total of six bedrooms. The applicant wishes to expand the basement level for accessible habitable space for a disabled adult, and add bedrooms on the third story of the dwelling for a growing family. At the public hearing on August 26, 2010, the applicant's architect proposed to submit a letter to the Board from NY State stating that they believe the subject dwelling to be two stories and that it therefore does not need to include a fire suppression system on the so called third floor. The hearing was closed subject to receipt of this letter. On September 11, 2010 the ZBA received a letter from the applicant's architect/agent indicating that this letter would not be forthcoming and requesting that the Board proceed to make its determination. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 26, 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). Grant of the variance of will not produce an undesirable change in the character of the neighborhood. The property is located within the Pebble Beach Subdivision, which is a Cluster Subdivision and as such, the Planning Department imposed certain yard setbacks. The existing front yard setback on this comer lot along The Strand is at 19 feet. The applicant is requesting to reduce the front yard setback on that street by an additional two and a half feet to 16.5 fi. to create an improved front entry stair and deck.. The parcel is located at the dead end of The Strand on a cul-du- sac and has limited vehicular traffic. The side yard abuts a golf course. Many of the homes in the immediate area are close to the road. The neighborhood consists of mostly large homes comparable to the proposal by the applicant. No increase in the current non-conforming height is being proposed. 2. Town Law ~267-b(3)(b){2). The benefit sought by the applicant, cannot be reasonably achieved by some method, feasible for the applicant to pursue, other than an area variance. The non-conforming location of the existing house along The Strand, the wedge shape and slope of the lot, the very shallow 10 fl. depth of the existing rear yard, the presence of heavy woodland in the second front yard along The Greenway, the location of the present and proposed septic system, and the existing non-conforming height of 37.2 feet resulting from of the sloping topography of the subject property, makes any addition to the existing footprint or third story of the house almost impossible to achieve without an area variance.. 3. Town Law §267-bi3)(b)(3). The variance requested for the proposed deck addition is an 8.5 foot reduction of the code requirement of 25 ft, or a 34% relaxation of present cluster subdivision requirements, and is substantial, However, given the two front yards on the property and the privacy of the dead end street, it has no adverse impact on the neighborhood . The existing and proposed height and proposed third story addition is 2.2 feet beyond the code permitted maximum of 35 ft., or a 6% relaxation of Town code, and is not substantial 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. All storm-water runoff will be contained on site as required by code. 5. Town Law §267-b(3)(b)(5).The difficulty is self-created, in so far as the applicant wants to expand the house in areas where non-conformities already exist. However, there is little building envelope that moving the house on the property to a conforming building envelope or proposing additions in more conforming areas would create severe financial hardship for the applicant. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of enlarging the house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - September 15, 2010 ZBA File#6414 - B¢llcro CTM: 1000-30-2-52 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to: GRANT the variance as applied for, and shown on the site plan labeled S-1 and architectural plans labeled Al-7, prepared 7/14/10 by Mark Schwartz, Architect. Subject to the following conditions; 1. The third story of the dwelling shall be fitted with a State Code compliant fire suppression system. That the above conditions be wrttten into the Budding Inspector s Certificate of Occupa cy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformiW. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (By Phone was: Member Horning, no voting right) This Resolution was duly adopted (4-0). Southold Town Clerk ~'HDS REQUIREMENTS PARTIAL SITE PLAN SCALE: 1": 30'-0' LOT 109 DEVELOPED N/OF E. F. KING N 23°23'25" W $0.64' RECEIVED BOARD oF ApplE~LS DECK ADDITION: I SCTM # 1000-30-2-52 I ~ ~ -" ~' x '~ IREVIEWED BYZB'~/ ' '~ ~ ~ ~ -- ~ISEE DECISION, / SITE P~N ~ , SCALE: 1"= 50'-0' PROPOSED SEPTIC >'Y~rEM LOCATION: REVISIONS I I EXISTING WEST ELEVATION SCALE: 1/8" = 1'-0" PROPOSED WEST ELEVATION SCALE: 1/8" -- 1'-0" ~O~,RD OF APPEAL~ FINAL MAP REVIEWED BY ZBA ? ~-_c- DECISION # ~o':TED ~ I(~"1___ PROPOSED SOUTH ELEVATION ..................................... SCALE: 1/8": 1"0" EXISTING EAST ELEVATION SCALE: 1/8" = 1'-0" BOARD OF APPEALS REVISIONS A-2 REVISIONS EXISTING EAST ELEVATION SCALE: L/8" = 1'-0" I ............... , , . I'1 PROPOSED EAST ELEVATION SCALE: 1/8" = 1'-0" FINAL MAP ~EVIEWED BY ZBA SEE DECISION # a~TED_~//~_/_/~ - REVISION?; FINAL MAP 'REVIEWED BY ZBA rSEE DECISION # DATED__~.. I Iff') EXISTING NORTH ELEVATION SCALE: 1/8" = 1.~-0'' A-4 ~"'~' 'r :°'"' L=-- ' \ , t~ PRO.]ECT NORTH FOUNDATION PLAN (EXISTING) SCALE: 1/8" = 1'-0' illlllllllllllllllllllllllllllllllllI illl iiiii i iii 1111111 !11~1111 iiI IIIIIIIIIIII!]11111111 \ N EX. BATH NEW (~ PROJECT NORTH PROPOSED FOUNDATION PEAl SCALE: 1/8" = 1'-0' REVIEWED BY ZBA I:N~TED c~ / ivy-/ /, I A-5 (~PRO]ECT NORTH EXISTING 1ST. FLOOR PLAN SCALE: 1/8" = 1'-0' EX. DINING EX. KITCHEN O_PRO]ECT ~ECEIVEO EX. DECK EX. DECK EX. DECK EX. ENTRY SOARD OF APPEAL,~ EX. DEC~ MAP WED BY NORTH PROPOSED 1ST. FLOOR PLAN SCALE: 1/8": 1'-0' DATED REVISIONS ~PRO3E~ NORTH 2ND. FLOOR PUN S~LE: 1/8"= 1'-0' EX. DECK BEDROOM Nn ~ JJOARD OF APPEAL~ REVISIONS (~ PROJE~ NORTH PROPOSED 2ND. FLOOR PUN $~LE: 1/8" = 1'-0' ~ I1© ~< II ~-~ ~'~ · I1¢~ ~- Y ZBA I/~ REVIEWED B c ,.~ ~ SEE DECISION # ~ / / / .,-r-~ ~ '~ ~ . SA~FO~D H~UE~ . --'~ [ ' YOUNG ~o~t. ~t.ut ~ ~ _ _ S YOUNG .,w.~o..~.. .:, DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED , UG 2 2010 BOARD OF AppEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING July 28, 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 Pollio, Ronald Campo, Anthony Dowling, Thomas & Maureen Stefanides, Stephanos Bellero, Michael & Renee Municipal File Numbers #6410 #6411 #6412 #6413 #6414 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) 8534044 RECEZVED FORM NO. 3 ~OARD OF APpEALs NOTICE OF DISAPPROVAL ~[ DATE: May 26, 2010 TO: Michael & Renee Bellero Amended: 7/13/10 C/O Mark Schwartz, Architect P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated May 12, 2010 For permit to construct additions and alterations to existing single family dwelling at: Location of property: 2095 The Strand East Marion, NY County Tax Map No. 1000 - Section 30 Block 2_ Lot 52 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 31,160 square foot lot in Pebble Beach are not permitted pursuant to Cluster Subdivision Setbacks; The required front yard setback is 25'. The site plan shows a front yard setback of 16.5 feet. In addition, the proposed construction is not permitted pursuant to 280-18, which permits a maximum number of stories of 2.5. The design indicates a three story dwelling. Ak~t horized Signature Amended to reflect three story design. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Michael & Renee Bellero C/O Mark Schwartz, Architect P.O. Box 933 Cutchogue, NY 11935 DATE: May 26, 2010 RECEZVED BOARD OF APPEALS Please take notice that your application dated May 12, 2010 For permit to construct additions and alterations to existing single family dwelling at: Location of property: 2095 The Strand East Marion, NY County Tax Map No. 1000 - Section 3~0 Block 2_ Lot 52 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 31,160 square foot lot in Pebble Beach are not permitted pursuant to Cluster Subdivision Setbacks; The required front yard setback is 25'. The site plan shows a front yard setback of 16.5 feet. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECEIVED BOARD OF APPEAL~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 2095 Street The Strand Hamlet East Madon SCTM 1000 Section 30 Block 2 Lot(s) 52 Lot Size 31,160 Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING ,I~NSPE, CTOR DATED May 26, 2010 BASED ON SURVEY/SITE PLAN DATED ~'//~ ! 10 · o7//3 I/o ' "' Applieant(s)/Owner(s): Michael and Renee Bullerao Mailing Address: 27 Trae¥iew Drive, Melville, NY 11747 Telephone: 516-524-2259 Fax: Email: NOTE: In addition to thc above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark Schwariz,AIA for 0~ Owner ( )Other: Address: PO Box 933, Cutchogue, New York 11935 Telephone: 734-4185 Fax: Email: r ' ' ~ ~ ~ ' Please cAecA to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), 00 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED June 3, 2010 and DENIED AN APPLICATION DATED May 12, 2010 FOR: ~) Building Permit O Certificate of Occupancy ~) Pre-Certifieate of Occupancy C) Change of Use O Permit for As-Built Construction (~ Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote th.e code.).~ ~ Article: Section. '/~ ~' ~' ~ ! 0~ Subsection: Type of AppeaL An Appeal is made for: ~) A Variance to the Zoning Code or Zoning Map. (~ A Variance due to lack of access required by New York Town Law- Section 280-A. C) Interpretation of thc Town Code, Article Section ~) Reversal or Other A prior appeal ( ) has, O~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our o. ffice for assistance) Name of Owner: REASONS FOR APPEAL (additional sheets mav be used with preparer's signature): ,4RE.,I t(4RIANCE REASONS: aOARD OF APPEAU$ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The project involves alterations and additions to the interior and exterior of the existing home which is in a residential neighborhood. An undesirable change will not be produced in the character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The benefit sought can't be achieved in some other feasible method due to the size, location and setbacks. (3) The amount of relief requested is not substantial because: The relief requested isn't substantial as it involves minor additions to update the exterior and create a better flow with additional space in the interior of the home. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in tile neighborhood or district because: There will be no adverse effect as the existing home is in a residential single family home development. (5) Has the alleged difficulty been self-created? C~¥es, or ONo. Are there Covenants and Restrictions concerning this land: [~No. l--lYes (p/ease [itrnish copv). 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 I5,1RI,4NCE IS BEING REQUESTED, ~ PLEASE COMPLETE TIlE ATr 4CHED USE VAR1ANCE SHEET) (P/ea.,e he snre~dtyour~/&te),~ Signature of Appella~ o~nthorized Agent (Agent mUSt submO ~ritten ~orizatlon tronl O~,,er) Sworn to before me this ~ - [ VlC:KJ Notae/Public:. State of New Y0t~ No. 01706190696 (~ualifled in Suffolk County Commission Expires July 28, RECEZVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael and Renee Bellero Date Prepared: July 12, 2010 BOARD OF APPEALS [. For Demolition of Existing Building Areas Please describe areas being removed: none ]]. New Construction Argas (New Dwelling or New Additions/Extensions~: -F t~-_~_~'~c~ ff/~/~.~ Dimensions o~~sion: kitten 11-10xl0-fi,deck 4x33, deck 3-3 x14~ ,s~im 5 x 13-7 Dime~io~ of new ~r: 49x40-~ ~ D~io~ of~ ...... ~ ~ ~el: no~ HeiSt (from finished ~d to top ofHdge): ~ ~7, ~ ' Is b~ement or lowest floor ~a ~ing cons~cted? If yes, ple~e provide height (above ~ound) me~ed ~om naomi existing g~e to fi~t floor: no 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessa~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: basement plus 2 floors.with wood decks Number of Floors and Changes W1TH Alterations: basement plus 2 lloors with wood decks see site plan 2nd floor to include 2 new bedrooms/bath/sitting r~ IV. Calculations of building areas and Itt coverage (from surveyor): Existing square footage of buildings on your property: 1639.8 sf house, 938.6 sf deck,102.8 porch Proposed increase of building coverage: 4.7% Square footage of your lot: 31,1fi0 ef Percentage of coverage &your Itt by building area: 10.1%, 312fi sf V. PurposeofNew Construction: To increase living space and update extedor of house by adding decking. VI. Please describe the land contours (rial slope %, heavily wooded, marsh area, etc.) on your land and,h,ow it relates 1,o the difficulty in meeting the code requirement(s): 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 RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION subject premises listed on the real estate market for sale? Yes [7'] No ~..~hNere any pro. als to change or alter land contours? o I I Yes, please explain on attached sheet. BOARD OF APPEALS 1 ,) Are them areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? n/a 3.) Is the property bulk headed between the wetlands area and the upland building area? n/a 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? no Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. 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 that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist. Or state none on the above line. 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 survey as approved by the Building Department and please describe: Please attach ~11 preq~rtificates of occupancy and certificates of occupancy for the ~,Jbject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G Do yoo or any co-owner also own other !and ad oining nr close to this parcel? no If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel single family and the proposed use single family · (ex: existing single family, proposed: same with garage, poo! or other) ~.~ ~--Tex~ ~2 RECEIVED PROJECT [,D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASS~I[IRI~I For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION {To be completed by Applicant or Project sponsor) 3. PR~E~ M~I~I~ East Marion ~nty Suffolk SEQR 2095 The Strand, East Marion, New York r"'"l New [] Ex0analon ~ MO~ flcat Ion/aide,at Ion proposed additions to the single family home include construction of new decks o~ I~ and 2nd floor and increase in interior living space 7. AMOUNT OF LANO AFFECTEI~. m~tlnlly ac~es URImateh, ao~ Lot coverage total 3,125 sf 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER E)(J~I'INQ LAND U~I= REb'TRICTION~? FINe I~ NO, des~tbe I~'felly Property is located in a cluster subdivision called Pebble Beach. 10. DOES ACTION INVOLVE A PERMIT APt~ROVAJ., OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMEI~ITAL AGENGY (FEDERAL. STATE OR LOC~ 11. DOF.~ ANy ASp, EC~ OF THE ACTION HAVE A CORRENTLY VAUD I~RMIT Off A-e~ROVAL? C]Y. If the action is in the Coastal Ama, and you am a state agency, complete the Coastal Assessment Form before proceeding with this as~essmont OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completec~ by Agency) 5. W~LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS ~N 6 NYCRR PART 617 67 ~d~U~ll~.~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENV;RONMENTAL CHARACTERISTIC~: THAT CAUSED THE ESTABUSHMENT OF A CEA? E. IS THERE. OR IS THERE UKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] NO If Yes, explain Dneey PART Ill--DETERMINATION OF SIGNIFICANCE (To be compietecl by Agency) INSTRUCTIONS: For each aclvaree effect tcis~ttifled sl~ve, determine whether His substantial, large, important or otherwise significant. Each effect sho~lci ne assessed in connection with its (a) setting (I.e. ufoan or rural}; Ih) probability of occurring; (c) euration; (dj irreveraibility; (e) geographic scoDe; and (f) magnitude. II necesaa~/, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to sJIO~ thai all relevant a~lveree imgact$ have I~eml iclantlfied anC aclecluataty a(ldraase(l, if- question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action . on the environmental characteristics o! the CEA. [] Check this box If you have identified one or more Dotentlatly large or significant adverse inT~acts which MAY occur. Then proceed directly to the FULL EAF an~qor prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proDosed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting tills determination: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEAL~ 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 nrovide information which can alert the town of vossible conflicts of interest and allow it to take whatever action is necessarv to avoid same~ (Last~ath~, first name, mi~ldle~in~ial, unless yofi are applying in thc name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) ~ NAME OF APPLICATION: (Check ell that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (l f "Otber''. name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, 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°/~9f the shams. YES NO ~/ If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the co~ooratc 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, panner, or employee of the applicant: or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted this _/~_~ay o,,f, Signature Print Name .~(4 ,t]~ 'L/ RECEIVED 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 b~]t[ fiz../~, possible conflicts of interest and allow it to take whatever action is necessary to avoid same. / YOURNAME: ~7CG~0, ,~[ C/~A~ ~ (Last name, flint natfie, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, 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 b~ 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~ a~, ~ Oio Signature: /Fl[ ~~ Print Name: l~tr~c~l RECEIVED Town of Southold Ao INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of' Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, jt shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 30 2 52 SCTM# The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. [~] Building Dept. ~ Board of Trustees [--] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: The project entails additions to the Jiving space on the Ist and 2nd floor as well as deck additions to the Ist and 2nd floors. RECEIVED Location of action: 2095 The Strand, East Madon, New York Site acreage: 31,160 sf BOARD OF APPEALS Present land use: single family Presem zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael and Renee Bellem (b) Mailing address: 27 lreeview Drive, Melville, New York (c) Telephone number: Area Code ( ) 516-524-2259 (d) Application number, ifany:. Will the action be directly undeCtaken, require funding, or approval by a state or federal agency? Yes [-"] No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. ~Yes [] No ~ (Not Applicable - please explain) The proposed project will serve to update the home and increase living space. The project is located in a heavy residential neighborhood. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Somhold. See LWRP Section llI- Policies Pages 3 through 6 for evaluation criteria [-'] Yes ~'] No [~ (Not Applicable - please explain) The project is not located in a histodc or archaeological area. RECEIVED Atlach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes ~] No [~ (Not Applicable - please explain) The project witll not effect visual quality or scenic resources. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ Yes [~ No [~ (Not Applicable- please explain) The project does not entail flooding and erosion. Attach additional sheets if necessary Policy 5. Protect and improve water q. allty and supply in the Town of Southold. See LWRP Section lI1 - Policies Pages 16 through 21 for evaluation criteria [--] Yes [---] No [~] (Not Applicable- please explain) This is a preexisting single family home and the water quality and supply will not be effected. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [~] No~] (Not Applicable - please explain) Inapplicable. RECEIVED Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonthold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [l~ Yes [~ No [~ (Not Applicable- please explain) The project witll not effect visual quality or scenic resources. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [~ Yes [~] No [-~ (Not Applicable - please explain) The project does not entail flooding and erosion. Attach additional sheets if necessary Policy 5. Protect and: ....... · mp.,,,e ,a,~. quah,) an,~ ~uppl~ in the Town of Southold. See LWRP Section 111 - Policies Pages 16 through 21 for evaluation criteria ! ] Yes ~ No ~ (Not Applicable-please explain) This is a preexisting single family home and the water quality and supply will not be effected. Attach additional sheets il' necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife HabJta:~ ..... ~,~:!~:~':~ % + .' ;¥:?p %= ::., :=': ,':~L: _ r' .... ~ through 32 for evaluation eriler;:~ I IYes I I o1' i (Not Applicable- please explain) Inapplicable. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes ~] No [~] (Not Applicable - please explain) Air quality will be uneffected by the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [--] Yes [--] No [~ (Not Applicable - please explain) The project does not involve any solid waste and hazardous substances. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye['~ No~-~ (Not Applicable - please explain) The project does not effect public access to, recreational use of coastal waters, public lands and public resources. This single family home is located in a residential neighborhood. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dci~t~F~il~l.$ suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ~ ~_~{ ~L ~Yes ~ No[~ (Not Applicable - please explain) Not applicable. Atlach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecouic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~] Not Applicable - please explain Not applicable. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~Yes [-~ No[-~'] Not Applicable - please explain The project is not located near agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral remurces. See I~WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes ~ No~] Not Applicable- please explain The project does not involve energy and mineral resources development and use. ~ OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 , TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ., 20 Approved ,20 Disapproved a/c ]~ "t'"/~//~ Expiration ,20__ RECEIVED. BOARD OF APPEALS 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. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: fi~/~I(-- ,~¢ ~]t~4~ ~' ~- Phone: MAY 1 3 2010 BLDG. DEPI. This apl~wat~alMltffiY be comp Building Inspector ~LiCATION FOR BUILDING PERMIT I/ Date O~]I~//O ,20__ INSTRUCTIONS ietely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of ans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be com.m~enced before issuance 0f Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work· e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has.not been completed within 18 months from such date. If no zordng 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 manths. Thereafter, a new permit shall 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 demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulaj~q~s, and to admit authorized inspectors on premises and in buil4ing for necessary inspections. ~/~f.,~,~ (Signature of app,/or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lesseCgent, archi'tec~, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises Ni~t? , .,D~r~ i ~L2~./~ &~d.~""t~ (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 whi.~.ch proposed work will be done: House Number Street Hamlet Lot County Tax Map No. 1000 Section Block ~ 2~ Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended,ase and occupancy of proposed construction: a. Existing use and occupancy S/,q.)~(_~_ t~t-,e'/-Tt'~,6,, ,,~? j, b. Intended use and occupancy .~ ,,,'~--~ 3.' Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cos~ 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 6. Ifbusiness,_.comm~ ercial, or~ ~-- t~ ~ (,.,,~,,.~.~ ~,~mixed occupanc specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions ofe. ntire ~aew~construction Front Rear Height . Number of Stgries 9. Size of lot: Front~''~ Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~[~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO__ 13. Will lot be re-graded? YES NO ~f Will excess fill be removed from premises? YES 14. Names of Own~ of premises ~'~/~(../.,l~'/~ o Address Name of Architect 3~C ~6,/qtg 7-r_-- Address Phone No Name of Contractor Address Phone No. NO Phone No. ~ t~ 5' - 7? ¢- ,e J-- 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property w~thin ,300 feet of a tidal wetland? * YES NO ~' * IF YES, D.E.C. PER,MITS.MAY BE,REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. NO 17.'Ifelevati0n at any ~oint 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: COUNTY OF .~'o't~t~ t~- ? z- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~/'-(-~'/7"'/t~ 6:/7t'7~ (Contractor, A~ent, Corporate Officer, e~) o f said owner or owners, and is duly authorized to perform or have performed the said ~w;lt~£[t~[?0C~~¥°~_B~ this application; that all statements contained in this application are true to the best of his knowledge a~l~l~lgli~?~ffi~ill be performed in the manner set forth in the application filed therewith. Sworn to before me this . l ,'7~)~'~ daY o~f ~ , '20 I X.D Notary Public licant FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED BOARD OF APPEALS Certificate Of Occupancy No. z'~55.97 Date ?.1~, 1 y 5 198, .~ THIS CERTIFIES that the building new one-family dwelling. 90 The Greenway Location of Property ........................................... East Marion House No. Street ............... ~r~/~ County Tax Map No. 1000 Section .... .~.0. ..... Block ........ 2. ......Lot ..... .~.2. ......... Pebble Beao Ferns ........ Subdivision ............................... ~ne(l ~lap No .... Lot Ne .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ....... .IVI. a.z'..c,h. .~.~. ..... 19~.ff. pursuant to which Building Permit No. fl 3'1. 781~. .... dated ........ .lVI. a.~...~.'1 ............. 19.8./4., was issued, and conforms to all of tho requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... .... N..e.w..qn..e.-.t.a.m. ¢.~F..d..w.e.~.J:~. $.. ................................................ The certificate is issued to ................... Bg2q3'ORD ZLLNAUF~ (owner,7,~,~~ of the aforesaid building. Suffolk County Department of Health Approval ...........fl~.-~..O.-.'1.9.~. ..................... N678¢I 8 UNDERWRITERS CERTIFICATE NO .................................................. Building Inspector Rev. 1/81 FORM NO. 4 RECEZVED TOWN OF SOUTHOLD BUILDING DE pARTM~NT Office of :he Building Inspector Town Hall Southold, N.Y. &OARD OF APPEALS CERTIFICATE OF OCCUPANCY ~o: Z-31117 Date: 08/16/05 ~{IS (~TIPI~S ~hat t~e bu/]R{~ ALTERATIONS Location of Pro~xty: 2095 THE STRAND (HOUSE NO.) (STREET) County Tax Map NO. 473889 Section 30 Block EAST MARION (HAMLET) Lot 52 Subdivision File~l~ap No. -- Lot No. -- conforms substantially to the Application for Building Permit heretofore file~ in t~/s office dated SEPTEMBER 8, ~00~ ~urs,,~--t to whlch BuilS~ Pe_~it NO. 30619-Z ~ated SEPTEMBER ~t 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS TO EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is iBsue(l to ROBERT & PHYLLIS D'ANGIO (OWNER) of the aforesaid building. uu~OLK COUHTY DEPART~T OF NF~LTH A~PROVAL m.~CT~ICAL (~TIFI~T~ ~O. N/A 2066122 08/11/05 08/12/05 K&K PLUMBING & HEATING Rev. 1/81 RECEIVED Michael Bellero 27 Treeview Drive Melville, NY 11747 631-477-6314 BOARD OF APPEALS April 29, 2010 To Whom It May Concern: I, Michael Bellero, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Suffolk County Department of Health, Southold Zoning Board of Appeals and the Southold Building Department. The proposed residential construction project is located at 2095 The Strand, East Marion, New York (SCTM# 1000-30-02-52). Sincerely, date: ~ R~CE;VED TOWN OF SOUTHOLD PROPERTY~I~CORD CARD OWNER STREET ~O VILLAGE DIST. SUB. . FORMER, OW. NER~'L~'An~IO''$p ~'~f N E ACR. RES. ~ / 0 S~S. VL. ' FARM COMM. CB. MICS. Mkt, V~lue ~ND IMP. TOTAL DATE _ Tillable FRONTAGE ON WATER W~lond FRONTAGE ON ROAD Meodowlond DEPTH House Plot BULKH~D Total 30.-2-52 1/06 RECE~/E{) Extension Extension /5E~e~n Breezeway Garage ~w-, Patio Oo B. Total J ~. I-/I/ OLOR Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room pc_ Both 8OARD OF APPEAL~ Floors InteriOr Finish Heat Rooms 1st Floor Rooms 2nd Floor Dinette K. LR. DR. BR. FIN. B Dormer Driveway OTown of Southold P.O Box 1179 Southoid, NY 11971 Date: 07/22/10 * * * RECEIPT * * * ReceiptS: 88264 Transaction(s): 1 1 Application Fees Reference Subtotal 6414 $600,00 Check#:17194215791 Total Paid: $600.00 Name: Schwartz, Mark Po Box 933 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6414 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 7-22-10 ZBA # NAME OF CHECK # AMOUNT TC DATE STAMP APPLICANT # 6414 Michael & Renee #17194215791 RECEIVED Bellero USPS MONEY $600.00 ORDER JUL 2 2 2010 Sc ~thold Town Cler~ TOTAL $6oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES 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 July 23, 2010 Zoning Appeal No. 6414 Transmitted herewith is Zoning Appeals No. 6414 of Mark Schwartz for Michael & Renee Bellereo - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Application for Building Department with Disapproval Dated May 27, 2010, Notice of Disapproval from Building Department Amended July 13,2010, Voided Notice of Disapproval Dated May 26, 2010, Certificate of Occupancy No Z 13590 for One Family Dwelling Dated July 5, 1985, Certificate of Occupancy No Z31117 for Alterations Dated August 16, 2005, Authorization Letter from Michael Bellero to Mark Schwartz to Represent them in this Matter, 4 Pages of Photos of Property, Copy of Property Record Card (Both Sides), 8 Pages of Plans Showing Site, Elevations & Floor Plans. TRANSMITTAL To: Project: Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, New York 11971 Additions and Alterations to: Bellero House 2095 The Strand and The Greenway East Marion, New York (SCTM# 1000-30-02-52) From: Mark Schwartz, AIA Remarks: Dear Zoning Board members, During the Bellero public hearing, I stated that Richard Smith, NYS Department of State Architect, told me that after reviewing the plans and elevations, the Bellero House is not considered a three story house according to the current NYS code and does not need a sprinkler system. We are requesting that you continue your decision process without the letter from Richard Smith. Please call this office if you have questions or require additional information. Sincerely, Mark Schwartz ~o~ ,-~'~(4 q~ Page 1 ofl From: kandr@optonline.net Sent: Wednesday, August 25, 2010 10:37 PM To: Toth, Vicki Cc: rheaney@anchorcomputer.com; keith.baker@bllc.com Subject: SCTM#1000-30-2-52 Variance Importance: High To Southold Zoning Board of Appeals, August 25,2010 As adjacent land owners,we have been notified of the Request for variance to SCTM#1000-30-2- 52. We have no opposition to Michael and Renee Bellero's request for the variance for additions and alterations to this property. For any further questions, see contact information below. Sincerely, Rosemarie Heaney Keith Baker PO Box 123 230 The Greenway (preferred address) East Marion,NY 11939 631-477-3626 Home 516-768-5099 Cell 8/26/2010 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 7654809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 26, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 26~ 2010: 10:45 AM - Michael and Renee Bellero #6414: Request for variance from approved Cluster Subdivision setbacks and Code Section 280-18, based on an application for building permit and the Building Inspector's May 26, 20t0, amended July 13, 2010 Notice of Disapproval concerning proposed additions/alterations to existing single-family dwelling at: t) less than the approved front yard setback of 25 feet; 2) less than the code required maximum number of stories of two and a half. Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2-52. 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-t809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: August 2, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 July 30, 2010 Re: Town Code Chapter 55 -Public Notices for Thursday, August 26, 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 August 9th: 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 Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than August 16th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along 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 August 18st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt 'by our office before August 24, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCTM #: BELLERO, M. & R. # 6414 1000-30-2-52 VARIANCE: SETBACK & 3"D STORY REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, AUG. 26, 2010 10:45AM 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 9885 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 12th day of August, 2010. Principal Clerk Sworn to before me this I~)') day of LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY AUGUST 26, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zonlng),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southoid. New York 11971-0959, on THURSDAY. AU- 9'.30 AM - Steve and Olga Tenedios ~40'/: Request for Variance from Code Section 280-15(F), based on an applica- tion for bin[ding permit and the Build- ing Inspector's June 11, 2010 Notice of Disapproval, concerning proposed two story two car accessory garage, 1) loca- tion in a side yard when a front yard or rear yard location is code-required on a waterfront parcel, at: 17327 Main Rd.. East Marion. SCTM#1000-23-1-14.10. 9'.50 AM - Judith IL Ullman and Ju- dirt A. Moth #6403: Request for vari- ance from Coda Section 280-124, based on an application for building permit and thc Building Inspector's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwelling at: 1) less than the code required front yard setback of 50 feet; 2) less than the code required side yard setback of 15 feet; 3) conversion of front porch to habitable space which pursuant to"Walz" constitutes an increase in non- conformance. Property located at: 7617 Soundvinw Ave.,(adj. to Great Pond aka Leeton's Lake) Southold SCTM#1000- 10:10 AM - William A, Penney Ill ~ (adi. from PH 1213109) Location of Property: 45450 C.R, 48 (a/k/a North Road or Middle Road) and Youngs Avenue, Southold; CTM 1000-55-5-2.2. Zone District: Gen- eral Business B. The applicant is request- ing the following, ba~ed on the Building Inspector's revised August 5, 2009 No- tic~ 0f Disapproval: ,'" #6319 - Request for a Special Excep- tion concerning vehicle and accessory sales, and #6336 - Request for a Variance con- ~:ern!ng an as-built accessory shed build- mgm a location other than the code- required rear yard. 10'.30 AM - Thomas M. and F~Da~!~Ig_/~ Request for vari- ance from Code Section 28ff-124, based on an application for building permit and thc Building Inspector's May 26, 2010 NoQCe of Disapproval concern- ing proposed additions/aBerations to a single-family dwelling at: 1) less than the cbde required side yard setback of 15 feet, 2) less than the code required to- tal side yard combined of 35 fe~t. Prop- erty located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutehoguel SCTM#1000-104-9.3. 10~4~ AM - Midol ~d Re~ee BeBe. ro #6414: Request for variance from ap: proved CluSter Subdivision setbacks arid Code Section 280-18, based on an appli- cation for building permit and the Build- lng Inspector's May 26, 2010, amended July 13, 2010 Notice of Disapprova concerning proposed add~tions/a era- tions to existing single-family dwelling at: 1) less than the approved front yard setback of 25 feet; 2) less than the-code required maximum number of stories of two and a hall Property located at: 2095 The Strand and The Greenway, East Marion, SCTM#1000-30-2-52. 11:~ AM - Bonnie M. Oninn #6408; Request for variance from CA}de Sec- tion 280-116(B) and 280-15, based on an appbcaQon for building permit and the Building Inspector's June 14, 2010 Notice of Disapproval eoncerinng "as built" altcradonsdaddiQons and acces- sory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2) accessory structures ocated in side yard when the rear yard location is code required. Property located at: 1075 Cedar Point Dr.,West (adj. to west Lake) Southold, SCTM#1000-90-1-4. 11:15 AM . Andrew W. and Oueen #6401. Request for variance from Code Section 280-124, based on an ap- plication for building permit and the Buildin lnspeefor's December 8, 2009, update~May 27, 2010 Notice of Disap- proval concerning proposed deck add - tion to a single-family dwelling at less than the code required rear yard setback of 35 feet. Property located at: 1380 Koke Dr., Southold SCTM#1000-87-5-18. 11:45 AM - William GormqlI and Christi Watts-Gorman #640q~ Request for variance from Code section 280- 121(A)la, based on an application for building permit and the Bul ding Ins ec- tor's May 14, 2010 Notice of DisapproPval concerning proposed change of use to an existing structure: 1) In the AC Zone the proposed use is not allowed, 2) per Zoning Board of Appeals grant#1508 structure was granted vacuum cleaner sales and repairs, proposal is to change to retail antique/craft shop. Property located at: 45805 Route 25, Southol~l SCTM#1000-75.2-14; 12:30 PM, Elleen E Debanev Request for Variance from Code Sec- tion 280-124. based on an application for building permit and.the Build ng Inspec- tor's June 3, 2010 Notice of Disapprove, concerning "as buiB"deck addition to exo isting single-family dwelling, 1) les~ than the code required front yard setback of 35 feet, at: 1140 Carrthgton Rd. and Vanston Rd., Cutchogue. SCTM#1000- 111-6-I0. NOTAf~¥ PUBLIC-STATE OF NEW YORK NO. 0! -~t06105050 Quo~i~ed In SuHolk County ~~tion of Proart: 26~ Takaposha Road. (adj. te ~rey Harbor) Sou~old; ~ 1~87-6-4. Building Ins~ctor's April 20, 2010 No- tice of Disapproval ~n~ng an ap 4) l~s ~an ~ feet for both (~m- bin~d) ~m side y~d ~thackg maim lot coverage (b~lding ~a), Adjourned ~om Pab~e He~ ~. (adj, ~om May 20, 2010 PHi 2~-?0(i) based on an appliadon for equipment, and ~e Bu~g I~tor's 20~, updated March 4, 2010 Notic~ of designated above, Filss arc availabl~ for office at (631) 765-1~9, or by Dated: ~t & ~10 BY: Vi~ To~ ~7~ M~ Ro~ (Offi~ 5~ ~n Road ~u~SPS) ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of tNam~ of Appiicanls) CTM Parcel #1000- .~o C~ 7.. COUNTY OF SUFFOLK) STATE OF NEW YORK) X AFFIDAVIT OF MAILINGS I, ,,/~',~ ~dW',~.~. residingat Z~~ ~ ~ ~ ~., New Yo~ bei~ dUly~om, 'depose and say ~a[: ¢ OnCe /~ day of ~UG¢~ ,2~l~onallymaiteda[[he ~ited. Sta~s'Post O~ in ~¢~ .... New Y~, by GERTIFIED ~1~, RE~RN RECEIPT REQUESTED, a ~e ~py .of ~e' atta~ L~al Noa~ io prepaid: enveJopes addmss~ tO ~ff~t o~ers ~o~ p~ ~e. ~t assessmea[.mll'ved~ ff&m the o~al r~s on fie wi~ ~e (~As~essom, '~ (') County Real Pm~ 0~' ' ' for ev¢~ .pmpe~ ~i~ abuts and is'a~ss a pu?c ~ p~vate ~ee[~vehi~l~ dght~f- Way of ~ecord, surmunding'~e appli~~~~ . . . . .- Sworn to before me this (Nom~J Pubic) VICKI',KI TOTT H Notarj Public, state of New Yod; :. , ' ' ' Saffolk Cout~, L;om~llSSion E×oires July 28;2'0 PLEASE list, on th~ back of this Affidav t or on.a. sheet of paper, the or' nUmbers nex{ to the owner names .and addresses for'which notices were mailed, Thank you: P CHITECT MARK SCHWARTZ & ASSOCIATES 28493 Main R ¢ '-' ~O ~ox )33. (:ulclloEttc. NY 11933 6'31.734.4183 J x,~,~,mlk~architc('t.com 1000-30-02-52 Bellero House 2095 The Strand and The Greenway East Marion, New York 1000-30-02-51 1000-30-02-53 1000-30-02-54 1000-30-02-55 1000-30-02-57 1000-35-02-01 Rosemarie Heany P.O. Box 123 East Marion, New York 11939 Susan Tsavaris P. O. Box 345 East Marion, New York 11939 Edward & Patricia Kondak P. O. BOx 98 Greenport, New York 11944 Miriam Klotz 16 Country Ridge Circle Port Chester, New York 10573 Deonisios Drakatos 145-56 17th Road Whitestone, New York 11357 Floyd King Jr, Attny for Country Club Inc P. O. Box 2066 Greenport, New York 11944 AIA Postage $ Certified Fee Return Receipt Fee (Endomement Required) Resfflcted Delivery Fee (EndorSement Required} To~.o~a,,, & Feee $ ~.15 USE ""tY'~PF:81AL USE '$ $1.05 0~35 $2.80 03 ~..~ Hem $ ~.15 ~/12J2010 m ~FrFq*C t A L USE~" ~.,~_J o~ S AL USE (En~R~ui~ ~~~F~ ~ ~.~ ~ ~ (E~o~memR~ui~) ~'~ ~ Here ~;~;2' ~- ............................... 1 ~ ,~,~ _ [ c~/~ .............................................................. 4 ~ Street, A~:~.F ................................................................ · Complete Items 1, 2 3. Nao ~omplete · Pflnt your name and addrana on the reveme so that we oan retum the oard to you. · Attanh this card to the bacR of the maJlplece, or on the front If spsoe parmlts. 1. A~cle Addressed to: O. Date of Dellvee-/ addrea~ different from Item 17 I-lyes If YES, enter delh/ery address below, r-INo [] Qe~ed M.q [] ~ M.q I'1 Registered [] Retum Receipt for Me~handl~e [] Insured Mall [] C.O.D, Ressflated Oelveq~ ~ra Fee) []Yes 2. Ntlcle Number ~?m.~om~ 7009 1410 0002 1063 6709 Ps Form 3811, February 2004 Domes'dc Return Receipt · Complete Items 1,2, and 3. Also oomplete Item4 If Resbtcted Dellvmy la desired. · Pdnt your name and address on the reverse so that we con return the card t~o you. · Attach this card to the ba~k of the mailplece, or on the front If space pamllts. 1. Article Addressed to: B. Received by ( Pr/nted, 3. Sew~ ~ ~ ~ I~ M~ ~ O.O.D. 2. ~ Nu~ ~ ~ 3811, ~ 20~ ~ R~ R~ 1~ · Complete items 1,2, and 3. Also complete Item 4 if Res'atcted Delivery Is deelrad. · Print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mailplane. or on the front ff space permits. 1. Article Addressed to: D. Isdel~ve~yaddre~dlffemfltfmmlteml? []Yes If YES, enter de[h,~y address below: rlNo 2. A~tlcle Number ~rran~fer from ~m~e ebeO 7009 1410 0002 1063 6693 PS Form 3811, February 2004 Domestic Return Receipt = Complete Items 1, 2, and 3. AJso complete Item 4 If Reeblcted Delivery I~ decimal. · Pffnt your name end addr~s on the reverse so that we ~ tatum the ca[d to you. · Attach this card to the back of the mallple(~, or on the fmnt If space permits. ~ [] No [] R~tstemd [] Retum Receipt fo~ Memhandlee [] Insured Mall [] O.O.D. 7009 1410 0002 1063 6686 PS Form 3811, February 2004 Domestic Retum Receipt · Comptete items 1, 2, and 3. Also complete Item 4 If Restn%,ted Delivery Is decimal. · Print your neme and address on the reverse so that we can return the card to you. · Attach this card to the beck of the maJlplece, or on the front if space permits. 1. ~icleAddmssed to: D. Is de~ve~ a~..~ different f~x~ It~ 17 If YES, enter delivery address below: [] No I~ Insured Mall I-I O.O.D, 4. ResffiotmJ D~lve~ ~m Fee) myes 2. ,Nticle Numbe~ ?rm,~f,=m~-~c$~ 7009 1410 0002 1063 6679 PS Form 3811, February 2004 Domes'dc Return Receipt l~S~-02-M-1540 · Complete items 1, 2, and 3. Also ~omplete Item 4 if Resbtcted Delivery Is desired. · I~nt your name and address on the reverse so that we can retum the card to you. · Attaoh this ~ to the back of the mallpiece, or on the front ff space pe~rnlts. Number CF am 3811, February 2004 D. Isdellv~yadG~diffemntfnTm~eml? I'lyes If YES, enter delivery address below: D No r'lR~ I-I Retum Receipt for Memhandlse [] Insured Mall [] O.O.D, nYes 7009 1410 0002 1063 6655 Domestio Return Rm:m~pt ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF 8ION POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) , New York, being duly sworn, depose and say that: On the/~/'~day Lat,. I personally placed the Town's official Poster, with the date of hearing and natur6 of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-Way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for.seven days prior to t/'~/t date of tile subject hearing date, wh/ch hearing date was shown to be Sworn to before me th/s ~5~qfi4 daY of ~t.~/~, (Notary Public) BABETTE CORNINE Notary Public, State Of New York No. 01CO5792800 Qualified In Suffolk County Commission Expire~ ~ *near the entrance or driveway entrance 0fray_property. as ~e, amost ;'isibte4o-passer~ 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 July 22, 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 XlV of the Suffolk County Administrative Code: ZBA File # 6414 Owner/Applicant: BELLERO, Michael and Renee Action Requested: Additions and alterations, cluster setbacks and third story. 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. Leslie,KB Weisman By: ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 September 17, 2010 Mark Schwartz, Architect P.O. Box 933 Cutchogue, NY 11935 Re: ZBA # 6414, Bellero Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's September 15, 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. Sincerer~, Vicki Toth Encl. Cc: Building Dept.