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HomeMy WebLinkAbout6412 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://southotdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765~9064 RECEIVED. FINDINGS, DELIBERATIONS AND DETERMINATION b~F~ 3 0 2010 MEETING OF SEPTEMBER 23, 2010 ' ~. ZBA FILE: 6412 'S C)U~O Jd '~i ~Jer,Jc NAME OF APPLICANT: Thomas M. & Maureen F. Dowling PROPERTY LOCATION: 1200 Broadwaters Rd., Cutchogue, NY SCTMgl000-104-09-03 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 them appears to be no significant county-wide or inter-community impact. LWRP: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. A site inspection was conducted on September 9, 2010 by the LWRP Coordinator at which time the LWRP Coordinator observed the following, as indicted in his letter dated September 17, 2010: "This site is unique in that high marsh wetland vegetation (spartina patens, distichilis spicata, iva frutescens, baccharis halimifolia and salicornia sp.) occurs landward of the bulkhead for a distance of approximately 115+ feet. The vegetation is mowed in several areas; to maintain a wide (greater than 11') path to an existing boat basin and catwalk, around an existing flagpole and west of the boat basin to maintain a sitting area (beach chairs were observed). Evidence of frequent ponding, was also observed behind the bulkhead in areas of lower elevation surrounding the flagpole. Hydrology on site indicates that if the mowing of these areas stopped, high marsh wetland species would re-establish within the areas." The area between the bulkhead and lawn is a wetland and any activities proposed within the area are subject to the provisions of Chapter 275 Wetlands and Shorelines of the Southold Town Code. Any building or structure proposed within 75' of the bulkhead are subject to § 280-116. Building setback requirements adjacent to water bodies and wetlands. The LWRP Coordinator recommends that a buffer area be established to minimize impacts to surface and subsurface water quality, vegetation and habitat. The landward limit of the buffer is proposed where the transition from wetland vegetation to lawn area occurs (approximately 115' from the bulkhead). Further, it is recommended that the applicant is permitted to maintain an unimproved (mowed) path to access the water body and flagpole. PROPERTY FACTS/DESCRIPTION' The subject parcel is a non-conforming 37, 626 sq. ft. lot in the R-40 zone. It has 65.33 feet of frontage on Broadwaters Rd., 423.45 feet along the west property line, 143.80 feet on Broadwaters Cove and 385 feet on the east property line. The property is improved with a I ½ story single family dwelling and an accessory two car garage. Page 2 September23,2010 ZBA File#6412 - Dowling CTM: 1000-104-9-3 BASIS OF APPLICATION: Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. RELIEF REQUESTED: The applicant proposes to construct additions and alterations to the existing two-story dwelling and existing detached garage. The existing garage has an existing side yard setback of 3.3 feet where 15 feet is required and the proposed addition has a proposed side yard setback, to the opposite side yard, of 23.7 feet for a total side yard of 27 feet when a total side yard of 35 feet is required by code. The applicant requests a side yard variance and a total side yard variance. ADDITIONAL INFORMATION: The adjoining property owner to the West submitted a letter indicating no objection to the proposed project so long as the height of the existing accessory garage remains unchanged, as applied for. 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: 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 additions and alterations are consistent with what exists in the neighborhood. The existing house and detached garage are approximately 60 feet from the read and will have little visual impact on the existing streetscape. 2. Town Law §267-b(3){b}(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is proposing additions to create an attached garage maintaining the existing setbacks and to create a full two story dwelling. 3. Town Law §267-b(3}(b){3}. The variances granted herein are mathematically substantial with respect to the existing 3.3 foot side yard requiring a 78 % variance from the code and the total side yard of 27 feet requiring a 23% variance from the code. However, the variances granted herein are not substantial when considering that the proposed majority of the new additions and alterations will have conforming side yard setbacks. 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. The existing septic system will be removed and a new septic system installed further from the water. Drywells will be installed to collect water runoff to reduce erosion. The driveway will be pervious to allow natural drainage. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created in so far as the applicant is proposing to attach an accessory garage with a nonconforming side yard setback to his principal dwelling which will require an even greater side yard setback per code. However, the subject property has a very narrow street frontage and becomes wider towards the water. The existing house and detached garage are approximately 60 feet from the road and will have little visual impact on the existing streetscape, and landward additions are preferable to seaward additions. 6.Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing additions and alterations to the existing dwelling and existing garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to Page 3 - September 23, 2010 ZBA File#6412 - Dowling CTM: 1000-104-9-3 GRANT, the variances as applied for, and shown on the Architectural Drawings entitled Dowling House, sheets S- I, A-1 thru A-5 inclusive prepared July 14, 2010 by Mark Schwartz, R.A., subject to the following condition: Conditions: A buffer area shall be established to minimize impacts to surface and subsurface water quality, vegetation and habitat. The landward limit of the buffer shall begin where the transition from wetland vegetation to lawn area occurs (approximately 115' from the bulkhead). Further, the applicant is permitted to maintain an unimproved (mowed) path 4 feet in width to access the water body and flagpole. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Homing, Schneider. Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved forfiling ,~ /~ /2010 This RECEIVED _oE / 3 0 2010 Southold Town Clerk TO: FORM NO. 3 NOTICE OF DISAPPROVAL Thomas M. & Maureen F. Dowling C/O Mark Schwartz, Architect P.O. Box 933 Cutchogue, NY 11935 RECEIVED Botl~t~ o~: aPPEALs DATE: May 26, 2010 Please take notice that your application dated May 12, 2010: For permit to construct additions and alterations to an existing single family dwelling at: Location of property: 1200 Broadwaters Road Cutchogue, NY County Tax Map No. 1000 - Section 104 Block _9 Lot 3_ Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non- conforming 27,944 (buildable area) square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring 20,000 to 39,999 square feet in total size, require a minimum side yard of 15 feet and total side yard setback of 35 feet; the proposed additions and alterations show minimum side yard of 3.3 feet and total side yard of 26.10 feet. Au~tt~orized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthold Town Building Department. CC: file, Z.B.A. COVE N. 88'Z8'00" E. LOT 254 T Z55 0 0 . - 4 IZ RECE~.¥ED BOARD OF APPEALS LoT Z5 g ANY ALTERATION OR ADOITION TO TI'~ SURVEY IS OF SECTION ?~OS OF TI'F. NEW YORK STATE EDUCA TIOR I..~1. EXCEPT AS PER SECTION 7209-SUROIVISION Z. ALL CERTIFICATIONS HEREON ARE VAIJD FOR THIS 14AP AND COPES TI'F_.REOF ONLY IF SAD t, tAP OR COPIES BEAR THE IUPRESSED SEAL 0¢' TIlE SURv'E¥OR WHOSE SIGNATURE APPEARS HEREON. 0 n AREA = 37,626 sq.fl. to lie lines FLOOD ZONES FROM FIRM 36103CI64G '~''~ ' , SURVEY OF LOT 255 "AMENDED MAP 'fl' OF NASSAU POINT, NASSAU POINT CLUB PROPERTIES, INC. FILED AUG. 16, 1922 FILE NO. 156 AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 ' 104 - 09 03 SCALE I"= 50' OCT, 23, 2009 TO NGVD. LOT 254 X k J PUBLIC WATER J SITE DATA NORTH POND ROAD ~oo~ zo~ ~o~ ~ ~m~ , SITE P~N ,~.~.~:~o,,,~,..,, ~ ~ S~LE: 1" = 30'-0' FINAL MA,' ~: ~.,.~ REVIEWED ~Y ZBA ~o.~: SEE DECISION ~ DATED~ ~ I~ RECE.~VE~ ____ __ ...... -""- I::~ ~IS~NG SOUTH EL~ATION s~: ~m" = r-o" PROPOSED SOUTH EL~ATION < ' ~~ ~llllllllllmmlllll ~', ~,,, .~ ..... -.-.- ~ E~ EL~ATION SEE DECISION A-1 ; .~. , ~ ~- --~,,,, ::~::: ~S~NG NORTH EL~ATION J s~: m" = ~o" ' PROPOSED NORTH EL~ATION ...... ::: ::: WE~T JJ~J ._.=..~_-= .... FINAL MAP -- BY ZBA ' ~" '-'" "' REVIEWED SEE DECISION # ~D_4~/d--. sc*u~- ur~r-o- DATED ~1~ ~1/ ~ EXIS~NG ~T EL~ATION~ ~ - ~ JffiY]4'2B]0 A-2 O PR~OJECT NORTH PROPOSED FOUNDATION PLAN O PROJECT NORTH ~TING$: i EXISTING FOUNDATION PLAN 2010 I{EVISIONS © © REV/SIONS ~o ~.~,~*~ . ~ JUL ] ~ 2010 ~ ' ~ ,~ :: : ~1 - ? : - ........................................ /5 -,.. _.:...~ ~ ....... ~ :::::::::::::::::::::::::: : ........ ~ ..... PROPOSED 1ST FkOOR P~ i :::::::::::::::: ......... · .............. ~o .................... : ' ~ , REVIEWED BY zBA ~: PROPOSED 2ND. FLOOR P~N // RTH ............................. :' ~ .: , ~, < ~ PROJE~ NORTH ~ISnNG 2ND. FLOOR PmN ~ .............. ~DAT~O I~ ~ J~y I4, 2010 ~'~OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED SEP 1 7 2010 To: From: Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS Date: September 17, 2010 Re: Recommendations on the establishment of a Natural Vegetated Buffer for variance request for Thomas M. and Maureen F. Dowlinq. ZBA #6412 Thomas M. and Maureen F. Dowlinq #6412: Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3. Existing Conditions - A site inspection was conducted on September 9, 2010. This site is unique in that high marsh wetland vegetation (spartina patens, distich#is spicata, iva frutescens, bacchads halimifolia and salicomia sp.) occurs landward of the bulkhead for a distance of approximately 115_+ feet. The vegetation is mowed in several areas; to maintain a wide (greater than 11') path to an existing boat basin and catwalk, around an existing flagpole and west of the boat basin to maintain a sitting area (beach chairs were observed). Evidence of frequent ponding was also observed behind the bulkhead in areas of lower elevation surrounding the flagpole. Hydrology on site indicates that if the mowing of these areas stopped, high marsh wetland species would re-establish within the areas. The area between the bulkhead and lawn is a wetland and any activities proposed within the area are subject to the provisions of Chapter 275 Wetlands and Shorelines of the Southold Town Code. Any building or structure proposed within 75' of the bulkhead are subject to § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] It is recommended that a buffer area be established to minimize impacts to surface and subsurface water quality, vegetation and habitat. The landward limit of the buffer is proposed where the transition from wetland vegetation to lawn area occurs (approximately 115' from the bulkhead). Further, it is recommended that the applicant is permitted to maintain an unimproved (mowed) path to access the water body and flagpole. A sample definition of a natural vegetated buffer is included for your use. NATURAL VEGETATED BUFFER - the area of existing high marsh and other wetland vegetation which occurs from the most southern point of the bulkhead south for a distance of 115'. Grading or clearing activities within the buffer are prohibited except for maintenance activities. Maintenance activities within the buffer are limited to clearing and/or removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain view sheds, replanting of vegetation, establishing and maintaining (mowing) a four foot (4') wide access path to access the water-body, and the flagpole. Cc: Jennifer Andaloro, Assistant Town Attorney Town Hall Annex ~ ~, P.O. Box 1179 54375 State Route 25 (:9 .~ ~ Southold, NY 11971 ~(cor. Main Rd. & Youngs Ave.) TOWN OF SOUTHOLD ~ ~ ~C ~(~ RECEIVED; ~.,t~ , OARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner ,~'(~,. LWRP Coordinator Date: September 14, 2010 Re: Recommendations on the establishment of a Natural Vegetated Buffer for variance request for Thomas M. and Maureen F. Dowlinq. ZBA #6412 Thomas M. and Maureen F. Dowlin,q #6412: Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3. Existing Conditions - A site inspection was conducted on September 9, 2010. This site is unique in that high marsh wetland vegetation (spartina patens, distichilis spicata, iva frutescens, baccharis halimifolia and salicornia sp.) occurs landward of the bulkhead for a distance of approximately 115+ feet. The vegetation is mowed in several areas; to maintain a wide (greater than 11') path to an existing boat basin and catwalk, around an existing flagpole and west of the boat basin to maintain a sitting area (beach chairs were observed). Evidence of frequent pending was also observed behind the bulkhead in areas of lower elevation surrounding the flagpole. Hydrology on site indicates that if the mowing of these areas stopped, high marsh wetland species would re-establish within the areas. The area between the bulkhead and lawn is a wetland and any activities proposed within the area are subject to the provisions of Chapter 275 Wetlands and Shorelines of the Southold Town Code. Any building or structure proposed within 75' of the bulkhead are subject to § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L No. 20-1992; 6- 5-1993 by L.L. ~AJ~ No. 8-1993] It is recommended that a buffer area be established to minimize impacts to surface and subsurface water quality, vegetation and habitat. The landward limit of the buffer is proposed where the transition from wetland vegetation to lawn area occurs (approximately 115' form the bulkhead). Further, it is recommended that the applicant is permitted to maintain an unimproved (mowed) path to the water body, the area surrounding the flagpole and the sitting area. With the exception of the sitting area, proposed dimensions of these areas are proposed below. A sample definition of a natural vegetated buffer is included for your use. NATURAL VEGETATED BUFFER - the area of existing high marsh and other wetland vegetation which occurs from the most southern point of the bulkhead south for a distance of 115'. Grading or clearing activities within the buffer are prohibited except for maintenance activities. Maintenance activities within the buffer are limited to clearing and/or removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain view sheds, replanting of vegetation, establishing and maintaining (mowing) a four foot (4') wide access path to access the water-body, the sitting area and a 20' x 20' area around the flagpole. Figure 1. Recommended limits of the natural vegetated buffer. Cc: Jennifer Andaloro, Assistant Town Attorney CE LOCATION MAILING ADDRESS: ,~own Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 ~,~. Main Rd. & Youngs Ave.) LOCAL WATERFRONT REVITALIZATION TOWN OF SOUTHOLD PROGRAMREC~IVED To: From: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator AUG 1 820~0 80ARD OF APPEALS Date: August 18, 2010 Re: Variance request for Thomas M. and Maureen F. Dowlinq #6412 ZBA#6412 Thomas M. and Maureen F. Dowling #6412: Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP provided that the following best management practices are implemented to meet and further the below listed policies: Policy 5. Protect and improve water quality and supply in the Town of Southold It is recommended that the Board require the use of gutters, leaders and drywells to control storm water from all impervious surfaces. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. It is recommended that the Board require the perpetual preservation of the natural vegetation landward of the bulkhead to the AE 8 flood zone line as depicted on the Survey of Lot 253 dated October 23, 2009 and the Dowling House site plan dated July 14, 2010. The width, composition and maintenance activities could be memorialized within a covenant and restriction. A sample definition of a natural vegetated buffer is included for your use. NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material to access the water-body. Figure 1. Subject parcel (white arrow). Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEZVED AUG :~ ~010 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 Al4-14 thru A14-25 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) 853-4044 ,]~ .~ C-~~'~ Date Assigned/Assignment No, Office Notes: ~FCEIVED House No. 1200 Street Broadwaters Road SCTM 1000 Section 104 Block9 Lot(s) 3 ~OARD OF APPEALS Hamlet Nassau Point Lot Size 37626 sf (.86 ac) Zone R40 I (WE) APPEAL,THE,WRITTEN DETERMINATION or THE BU, ILDING INSPECTOR DATED 0 5/Z ~'.//t~ BASED ON MAP DATED t~7///4/(O Applicant(s)/Owner(s): Thomas and Maureen Dowling MailingAddress: 20 Bulson Road, Rockville Center, NY 11570 Telephone: (516) 459-5833 Fax #: Email: tom.dowlin~l~gs.com NOTE: la addition to the above, plea~ complete below if applicaaoa is signed by applicant's atlorney, agent, architect, builder, contract Name of Representative: Mark Schwartz, Architect for (~) Owner, or OOther: Agent's Address: 28495 Main Road, P.O. Box 933, Cutchogue, NY 11935 Telephone (631) 734-4185 Fax #: (631) 734-2110 Emall: mksarchitect~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~]Applicant/Owner(s), or I-]Authorized Representative, or DOther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED FOR: ~Building Permit [~Eertificate of Occupancy DPre-Certificate of Occupancy [~hange of Use [~Permit for As-Built Construction [~)ther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinancg by numbers. Do not quote the code.) Article ,~x~ Section280- ~f 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. ~lnterpretation of the Town Code, Article Section [-]Reversal or Other A prior appeal I-]has, ~has not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our o. tflce for assistance) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas and Mauroon Dowling Date Prepared: 04/11/2010 I. For Demolition of Existing Building Areas ~OARo OF APPEAi.~ ~ Please describe areas being removed: Existin.cl septic system and 2nd. floor of ex stin.cl house and necessary demolition work required for proposed alterations and additions. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: house: 22.7'x17.7', deck/sc, pomh:40'x22.3', fr. porch: 12.3'x8.5' Dimensions of new second floor: main structure: 30.3'x41.3', sitting rm.: 13'x13' Dimensions of floor above second level: none Height (from finished ground to top of ridge): from lowest grade: 32' (inc. basement) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 8.3' grade to top of 1st. fl. fin. floor HI. Proposed Construction Description (Alterations or Structural Changes) (attach cxlxa sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Existing 2 sto~ wed frame house. 4 Bedroom House with Entry, Dining, Kitchen, Sitting area, Living rms, Loft, 3 Baths, and I ear Garage Number of Floors and Changes WITH Alterations: 2 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: based on buildable area (27944 sf): 7.2% Proposed increase of building coverage: based on builbable area (27944 sO: +6.7% (Total: 13.9%) Square footage of your lot: total: 37626 sf, wetlands: 8026 sf, bulkhea~v,_,.~: 16§6 sf: buildable: 27944 Percentage of coverage of your lot by building area: ~e ~) f3- ~ V. Purpose of New Construction: To connect pace between existing garage and house. Added space on 1st. floor to be reconfiguired for batter functional use and flow. 2nd. floor to be reconstructed to allow for additional bathroom and better space at bedrooms. Improve the existing outside appearance of home. VI. Please describe the land contours (rial slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): the property is relafivly flat from roar to front of house (elevation 20' - 17' +/-) and then slopes to North about 8' (elevation 9'-8'). The property is fairly flat (tapers to elevation 4') to water. Existing natural vegetation in wetland area will remain undisturbed. A barrier of haybales and silt fencing to be installed prior to construction / demolition at elevation 7'-6' (as indicated on sute plan). 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 (~d___~__'onal sheets rnaF be used with preparer's signature): RECEIVED AREA VARIANCE REASONS: BOARD 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: An undesirable change will not be produced in character to the neighborhood or nearby properties because the character of the house is consistsnt with neighboring houses and is within the allowable maximum roof heights as required by the town. (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 cannot be achieved by method feasible because of the property size, location and shape regarding the positioning of the house to meet all necessary setback requirements. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because The proposed building envelope does not exceed much more beyond the existing building and is also designed to be setback away from the adjacent bodies of water as much as possible. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the existing septic system will be removed and a new one installed further from the water. Drywells will also be installed to collect water runoff to reduce erosion. The driveway will be pe~'ious to allow natural drainage from storms. (S) Has the alleged difficulty been self-created? ({~es, or OHo. Are there Covenants and Restrictions concerning this land: I'~No. [~es (olease furnish cony). 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. Chec~ th~ box ~ IF A USE V~CE IS BEING ~QUESTED, ~D ~LE~E COMPLETE THE A ~ACHED USE V~CE SHEET: (Please be sure to cop~lt your S*gnato . rlt Agent (Ageat musr submit w~rization from Owner) Sworn to before me this ~)~ ~ dayof [~ 20 /V , ~ Notary Public - ~0 TOT8 0ual.~0, 01T05190696 · ified in Suffolk Colt RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Ne subject premises listed on the real estate market for sale? Yes ~]_No ~here any prorgp..~als to change or alter land contours? No ~ Yes, please explain on attached sheet· BOARD OF APPEALs 1.) Are there areas that contain sand or wetland grasses? yes 2.) Are those areas shown on the survey submitted with this application? yes 3.) Is the property bulk headed between the wetlands area and the upland building area? yes 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? not yet Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. ls 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 ban/em, bulkheads or fences that exist that are not shown on the survey that you are submitting? yea Please show area of the structures on a diagram if any exist· Or state none on the above line· F. 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: ~,jk2,/(~/Please attach all pm-certiflca~ of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either // obtain them or to obtain an Amended Notice of Disapproval. · 19 no Do you or any co-owner also own other land adjoining or close to this parce . 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 Authorized ~tu~'/.· '~_ d Date garage, pool or other) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR Mark Schwartz, Architect 3,PROJECT LOCATION; Cutchogue 6t?.2o 8EQR APPENDIX C BOARD OF APPEALS STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACT1ONS Only ( To be completed by Applicant or Prc~ect Sponsor) County Suffolk $. DESCRIBE PROJECT BRIEFLY: additions and alteration to existing house and detached garage to connect the two structures with a one story addition, expand the second floor and create enlarged living areas on the first floor, additional bedrooms on second floor and a partially finished walk-out basement. The existing site grading will be maintained, excavation of approximately 594 CY will be necessary for the house additions and tilling of the existing and proposed septic systems will require approx. 450 CY. A project limiting haybale line will be installed and a system of drywells is proposed to contain the roof runoff. need approval from Town Zoning Board for total side yard setback relief. I--F"u."'a, 11r. J~ES ANYNY~..,~AS[ECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? ~T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATiON? L.L.J CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI.EDGE If the a~deft is a Coslal Area, and you are · state agency, complete the Coastal Assessment Form before proceeding with this assessment · levels, exJs~ t~ffic pattern, solid waste pmduc~ m' diSpo~, C2. C3 C§. RECEIVE[~ ~OARD OFAPP~A[~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics orohibits conflicts of interest on the part of Town officers ami emolovees. The oumuse of this form is to nrovide information, which can alert the Town of poe~ible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURN : lC. (Last name., ~ nan~ middle/nitial, unless ~ou am applying in the name of someone els~ or other eatity, such as a company, lfso, indicat~ the other person or company nmme.) BOARD OF APPEALs Tax Grievance Variance Special Exception If'Other", name the activity:. NATURE OF APPLICATION: (Check all that apply.) Change of Zone [ ] Approval of PlatL J Exemption from Plat or Official Map L l Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any offcer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business intemat" 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. 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 thc applicant is a corporation); I 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 ~II~SACTIONAL DISCLOSURE FO]R~ APPLICAB~I'o OWNER, CONTRACT VENDEE A/~ AGENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officSl~RO 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 (Last name, first name, ~'hlg~ initial, unless you are a-r~l,,in- i- ,,~2 .~T~._ .._ '1'-~ , other entity, such as a company, l£so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance / Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance -- *If "Other" 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? .... ,, · Relat~o~nshlp includes by blood marriage, or business interest "Business interest" means ~' business includin a artnersh~ tn which the. Toy~n o.fficer or em lo ee has even a artial ownershi of or em lo ment b a co oration m which the Town officer or em lo ee ovals more ~hares ......... than 5% of thee YES__. NO ~'/ If you answered "YES'; complete the balance of this form and date and sign }ehere indieatea[ Name of'person employed by the Toxvn of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropfiate 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 RELATIONSHI~ Submitted this~;~'~ of_~ RECE1-VED Town of Southold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfxont 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 ~trea. 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, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.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 104 9 3 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: Proposed construction to connect space between existing garage and house. Add space to Ist floor and 2nd floor to be reconstructed to provide additional bathroom and better bedroom space. Location of action: 1200 Bmadwaters Road, Cutchogue, New York Site acreage: 37,626 sf Present land use: single family residential Present zoning classification: R40 RECEzyED BOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name &applicant: Thomas and Maureen Dowling (b) Mailing address: 20 Bulson Road, Rockville Center, New York (c) Telephone number: Area Code ( ).516 -459-5833 (d) Application number, if any:_ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-'-] No[7] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [-']Yes [~] No ~ (Not Applicable - please explain) The project entails connecting space between the existing house and garage and addtiional space to interior. The outside appearance will be updated and improved. The project is in a heavy residential area. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes [~ No ~ (Not Applicable - please explain) The property does not contain nor does the project affect historic or archaeological resources nor is it located in a historic maritime area. BOARD OF Ao~,.. Attach additional sheets if necessary ' ~qt.S 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 [l~ Yes ~ No ~] (Not Applicable- please explain) The visual quality and scenic resources will be protected at the site. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. l~linimiT~ loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes N No [~] (Not Applicable - please explain) Inapplicable. The project does not involve any flooding or erosion issues. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [--'] Yes [~ No [~ (Not Applicable - please explain) A barrier of haybales and silt fencing to be installed prior to construction/demolition. Existing septic system will be demolished and replaced. Attach additional sheets if neeessat~ 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 IH - Policies; Pages 22 through 32 for evaluation criteria. ~ Yes ~ No~ (Not Applicable - please explain) Existing natural vegetation will remain undisturbed. Haybales and silt fencing to be installed. 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 is not affected by this project. Attach additional sheets if necessary Policy 8. Mi. lmize 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 [~3 (Not Applicable - please explain) This project does not involve 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 Southoid. See LVgRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye[~ No~ (Not Applicable - please explain) The project involves demolition and construction upward of the water. Attach additional sheets if necessary WORKING COAST POLICIES RECEIVEO Policy 10. Pr.otect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section III - Policies; Pages 47 through 56 for evaluation criKPr~.R00~ ~1.$ [--]Yes ~ No~'~ (Not Applicable - please explain) Inapplicable. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes ~ No ~ Not Applicable - please explain Inapplicable. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. Sec LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ['--]Yes [--] No[~ Not Applicable- please explain This project is not adjacent to any agricultural lands in the Town. Attach additional shec~s if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~] No ~ Not Applicable - please explain The project does not involve the development of energy and mineral resources. ~ OF SOUTILOLD -BUILDING IIt~PARTMENT TOWN HALL SOUTHOLD, NY 11971 . TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20__ Approved ,20__ Disapproveda/c t~ q..>- Expiration ., 20 BOARD OFAPPEALS PERMIT NO. BUILDIN~I~ERMIT 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: Mai] to: l~4~j~_.~ Phone: MAY 1 3 2010 BLDG. D[PI, I, QWN 0F SOUTHOLD a.vVfi~uhun MU$~ be con: Building Inspector ?LICATION FOR BUILDING PERMIT Date OoC//~/[' ,20__ INSTRUCTIONS etely filled in by typewriter or'in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be 6c~upied or usgd 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 zoning amendments or other regulations affecting the .properly'have,been enacted in the interim, the Building Inspector may autl~ori~e, in Writing; the extension of the permit for an add. itio~ Six month~: Therea~er, a new permit shall be required .... ',, APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constmctiqn 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 regulationt~--a.lld to admit auth°rized inspect°rs °n premises and in building f0r necessary inspecti°ns' ~~ ~.~ (Signature of applicant a~e, ifa corporation)  (Mailing address of'applicant) State whether applicant is owner, lessee, engineer, general contractor electrician, plumber or builder Nameofownerofpremises T/~d,q,6~_J' g t/?.j~,,~e~J (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. Loc.ation of lan0, on which proposed work will, be done: House Number street x, County Tax Map No. 1000 Section /O ~" Block 0 ~ Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed cons~tr~ction: a. Existing use and occupancy f b. Intended use and occupancy Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwell{ng units If gar, ag.~, number.of cars Addition ~" Alteration ~'/ Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. 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 8. Dimensions~ of ent!re new construction: Front Rear Height ~ Number of Stories Depth Rear,: I 10. Date of Purchase Name of Former Owner I 1. Zone or use district in which premises are situated _.~ ~r' & 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES NO ~ Will excess fill be removed from premises? YES X NO__ 14. Names of Owner of premises ]'~O~, IM ~ Address Phone No. S/~ ~ q~ fi'fi" J"~,2 i' Name of Architect J'C/4o~,~e)t"~ .Y t' Address Phone No 7.~ .~ ~- ~ ! o~f' Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ,~' NO __ * IF YES', SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES x~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevatibn at'any point on pr0Pefty 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__ · IF YES, PROVIDE A COPY. NO X STATE OF NEW YORK) SS: COUNTY OF J'u~(,~) (Name of individual signing contract) above named, (S)He is the ~/~/~C~ / (~ontra~t~r, Ag[nt, Corporate Officer, etc.) being duly sworn, deposes and says that (s)he is the applicant 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 ,, Notary Public Thomas Dowling 20 Bulson Road Rockville Centre, NY11570 516-459-5833 BOARD OF APPEALS June 22, 2010 To Whom It May Concern: I, Thomas Dowling, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southoid Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and the Southold Building Depamnent. The proposed residential construction project is located at 1200 Broadwaters Road Cutchogue, New York (SCTM# 1000-104-09-03). Sincerely, Thomas Dowling date: 22 June 2010 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 31466 Rte: 03/03/06 · ~{IS ~'EI~T/FIF.~ t~t the b~/ldi~ ACCESSORY Location of l~pek~cy 1200 BROADWATERS RD CUTCHOGUE (ROUSE NO.) (STREET) (HAMLET) County Tax Nap No, 473889 Sectio~ 104 Block 0009 Lot 003 Subdivision Filed ~ap No. __ Lot No. -- conforms substantially to the Requirements for a ACCESSORY STRUCTURE bu/lt prior to APRIL 9~ 1957 pursuant to which C~KTIFICATE OF OCCUPANCY~F0~B~ Z- 31466 dated MARCH 3I 2006 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 ACCESSORY ON~ CAR GARAGE WITH APARTMENT ABOVE* The certificate is issued to KENNETH & NONA ROCK (OWN-ER) of the aforesaid building. ~uF~OLK COati. DEPArTmeNT OF HEALTH APPROVAL ~.~=-i~ICAL~u~KTIFICkTENO. ~ u~KTIFICATIONDAa'~u *PLEASE SEE ATTACHED INSPECTION REPORT. N/A Authorized Signature Rev. 1/81 FORM NO. 4 TO~N OF SOUT}fOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUP~=NCY RECEZVED 80ARD OF APPEALS No: Z- 31466 Date: 03/03/06 THIS C~RTIFIF.~ tb~at the building ACCESSORY I~cation of Property 1200 BRO~WATERs RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) Co%unty Tax Map No. 473889 Section 104 Bl~k 0009 I~t 003 Subdivision Filed Map No. I~t No. confox~ns s%~bst~ultially to the Requirements for a ACCESSORY STRUCTURE built prior to APRIL 9, 1957 pursuant to which C~q~TIFICA~ OF fK~C~3PANC~fI~ER Z- 31466 dated MARCH 3, 2006 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 ACCESSORY ONE C~ GB~RAGE WITH APARTMENT ABOVE* T~e certificate is issued to KENq~ETH & NONA ROCK (OWNER) of the aforesaid building. SUFFOLK CO~3~FrY DEPARTME/Tr OF HEALTH ~PROVAL EI~C'~RICAL CERTIFICA~]~ NO. *PLEASE SEE ATTAC~[ED INSPECTION REPORT. ~/A N/A N/A Authorized Signature Rev. 1/81 TOWN OF SOu-i'/-IOLD BUILDING DEPARTMENT TOWN CI,,F. RK'S SOUTHOLD. N. Y. RECEIVED BOARD OF APPEALS CERTIFICATE OF OCCUPANCY ,No... ZZt~2I, ..... Date ............. Sep~b~ 13 ...... 19.6~ T~S CER'r~'~S that the bu[ld~g located at . ~oa&.~&:era Roa~ ....... Steer conforws ~bstantia~y to the Application for Buildin~ Permit heretofore filed in ~is off[ce dated ............. t~L1..~ 19. ~. p~suant to which Building Pe~it No...~.1~ . dated ........ A~ ~.. , 19. ~, wa~ issued, and co~o~s to all of the requir~ ments of the applicable provisions of the law. The occupancy for which this ce~icate is ~ssued ~ ....~vgte one ..~. d~e~ ....................................... This ce~Icate is i~ued to ~R~ .C., .~.~ .......... ~e~ ...................... (owner, lessee or ten,t) of the aforesaid building. H,D. approval 8ep~ ~ 1962 ~ P. ~Jko~k~ /,,~,~- /~v'-g-3 TOWN OF SOUTHOLD PROPERTY RE( :ORD CARD /~_ 7 OWNER STREET/~ ~) VILLAGE DIST. SUB. LoT~OJR~F'~PEAL~ FORMER OWNER.~ N E ACR. ~, ~/~ ~ ~ S W TYPE OF BUILDING,/~4~ S~S. VL FA~ COMM, CB. MISC. Mkt. Value , , AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable tillable 3 ~ ~ ~ //,~ ~ Noodland ~ /~ 3womplond FRONTAGE ON WATER I /y~ ~ ~ ~;~/' '' 3rushland FRONTAGE ON ROAD ~ ~ / , ~ ~ ~ BULKH~D Fot~ ~ D~K RECEZVED 104.-9-3 10/06 ~M. Bldg. .~ g .Y .~,,5" '~ ~ ~.7~ ~ y f/Foundation ~ ~. Bath ~ Dinette ,~ ~ ~XI~ //~ 3~¢ / Basement ., Extension ~t. Walls~ ~~ Interior Finish ~ ~' LR. Extension ~ ~ ~ ~ Fire Place ~. Heat 0,'/ /y,~ DR. lype Roo{ Rooms Porch ~~ ~' /~.~( r M[~ ~,~ /~/ / Recreation Room Rooms 2nd FIoo, FIN. B. , Porch ~ ~ ~ Dormer Driveway Breezeway r · o,o, 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 21, 2010 Zoning Appeal No. 6412 Transmitted herewith is Zoning Appeals No. 6412 of Mark Schwartz for Thomas & Maureen Dowling - 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, Notice of Disapproval from Building Department Dated May 26, 2010, Copy of Application for Building Department with Disapproval Dated May 26, 2010, Authorization Letter from Thomas Dowling to Mark Schwartz to Represent them in this Matter, 2 Pages of Certificate of Occupancy No. Z31466 for Pre Existing Accessory One Car Garage with Apartment Above Dated March 3, 2006, Certificate of Occupancy No. Z1421 for Private One Family Dwelling Dated September 13, 1962, Copy of Property Record Card (Both Sides), 4 Pages of Photos of Property as it Exists, Copy of Survey Property as it Exists Dated October 23, 2009 Prepared by Peconic Surveyors, 6 Pages of Plans Showing Site Plan, Floor Plans & Elevations Dated July 14, 2010 Prepared by Mark Schwartz. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 07/20/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 88103 Reference Subtotal 6412 $600.00 Check#:17194215802 Total Paid: $600.00 Name: Schwartz, Mark Po Box 933 Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6412 Thomas & Palricia Frenz 1260 Broadwaters Road Cutchogue, NY 11935 (516)-541-8595 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Southold Town Hall 53095 Main Road POBox 1179 Southold, NY 11971-0959 Re: Variance Response SCTM#1000-104-9-3, Dowling #6412 8/23/2010 Dear Ms. Weisman, In response to the legal notice that I received on 8/14/I0 regarding a request for variance from code section 280-124, below are my comments: Concerning the garage which is currently 3.3 feet fxom the property line; I will only objec~ i_f the height of the new garage structure exceeds the height of the current free standing garage. 2. I do object to the proposed "Outdoor Shower' on the west side of the house. This structure will only be approximately 6 feet fi'om the property line. When I built my house in 2000 it was mandatory to align the north side (Water Side) of the house with neighboring structures to assure that our neighbors view was unobstructed. We are fortunate to live in a beautiful wetland area and I am requesting that the proposed rear deck (Water Side) be constructed in a manner that will not obstruct our view of Broadwaters Creek and the wetland area, If you have any que~ons I can be reached at the above telephone number or 516-521-9350 (cell). My mailing address is 117 Queens Court, Massapequa Park, NY 11762. Sincerely, cc: Mark Schwartz & Associates BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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 Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 25, 20t0 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 26, 2010: 10:30 AM - Thomas M. and Maureen F. Dowling #6412: Request for variance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 20t0 Notice of Disapproval concerning proposed additions/alterations to a single-family dwelling at: 1) less than the code required side yard setback of 15 feet, 2) less than the code required total side yard combined of 35 feet. Property located at: 1200 Broadwaters Rd., (adj. to Broadwaters Cove) Cutchogue, SCTM#1000-104-9-3. 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(~,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: htlp://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 undeliverable, you are requested to make other attempts tn 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, providinq 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 Mailing (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 applicant/agents 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 Postin.q for receipt'by our office before August 24, 20'10. 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 #: DOWLING, T. & M. # 6412 1000-104-9-3 VARIANCE: SETBACKS REQUEST: ADDITIONS & ALTERATIONS DATE: THURS, AUG. 26, 2010 10:30AM 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 12t~ day of Auqust, 2010. Principal Clerk Sworn to before me this 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 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. EO. Box 1179, Southold. New York 11971-0959, on THURSDAY. AU- GUST 26. 2010: 9',30 AM - Steve and Olva Tenedios ~407: Request for Variance from Code Section 280-15(F), based on an applica- tion for building permit and the Build- lng Inspector's June Il, 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 water~ont parcel, at: 17327 Main Rd.. East Ma~ion. SCTM#1000-23-1-14.10. dith A. Moeh ~6403: Request for vari- ance h'om Code Section 280-124, based on aa a~plication for building permit and the Budding lmpeetor's March 2, 2010, updated May 25, 2010 Notice of Disap- proval concerning proposed foundation reconstruction and alteration to year round dwe~ing at: 1) less than the code requh'ed 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 conformance. Property located at: 7617 Sound~ew Ave~,(edj. to Oreat Pond aka Leeton s Lake) $outhold SCTM#1000- 59-6-9&14. 10:10 AM - William A. Penney IH ~ (adj. from PH 12/3/09) Lo~ation of Prol~rty: 45450 C.R. 48 (a/k/a North Road or Middle Road) and Youngs Avenue, $outhold; CTM 100C~55-5-2.2. Zone District: Gen- eral Business B. The applicant is request- ing the following, based on the Building Inspector's revised August 5, 2009 No- ;¢ 06319 - Request for a Special Excep- g6336 - Request for a Variance con- ?ruing an as-built accessory shed bu d- ing m a location other than the code- required rear yard. dayof ~-~ j,¢7~ !]/~ 2010. NOTARY PUBLIC.STATE OF NEW YORK NO 0!/*/06105050 ~~fion o~ ProperS: 2~ Takaposha Road, (adj. to ~rey H~bor) Southold; ~ 1~-87-64. BuiMing Inspector's April 20, 2010 rice o¢ D~app~o~al ~n~ng an ap- will be: 2) less ~ 35 feet ~om ~ ~ont lot line, 4) 1~ ~an ~ feet for ~ (~m- bined) mia~ side y~d ~tha~ 5) ~x~s ~e ~de ~tation of 20% ma~m~lot coverage (b~[d~g ~over He~n~ ~nt~ued ~om info~a~om Adjourned ~om Pub~ H~ng ~y ~, ~10: ~. (adj, ~om ~y 20, ~0 PH) Re- 280-70(0 has~ on ~ ~p~fion for ex~edi~g ~e ~de required m~am Adjoum~ ~m Public Heating J~y Adjo~n~ ~m ~blic He~g ~e Board of Ap~s w~l hear a~ review during regu~ b~ess hours offi~ at (631) 765-18~, or by em~: Da~& ~t ~ ~10 PE~ON B Y: ~ ~7~ M~ RoM (O~ P.O. ~x H~ ~u~ol~ ~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEVV YORK In .the Matter of the Application of (Nam~ of Applicants) CTM Parcel #1000-I0,~, C~ ~ X X AFFIDAVIT OF MAILINGS cOUNTY OF SUFFOLK) STATE OF NEW YORK) I, ,/~,¢/(- ,~c/~4~r'~ residing at ' New Yo~ being duly ~om,'d~ose and .say ~a~ ~n.f ~n t~e ~ ~ da~of~u~ ,2~, I p~s~ally mait~'a[ th~ ~[ed. Stems ;~0~t Offi~ m. :~ ~ ~ ,,. New Y~,' by CERTIFIED ~IE, R~RN RECEIPT REQUES~D, a ~e ~ .of ~e' atta~ L~al NOa~ in pmp~d., eny~p~s addms~ to ~t o~s ~o~.~ ~e ~t assessment.mil v~fl~ ~m the offidal r~rds on file (') County R~ Pr~ Offi~ f~ ev¢~ .p~e~ ~i~ abuts and is a~ss a p~Hvate ~[e~, ~ " Way of re'rd,, surrounding ~'appli~nt . ~~~(/2~dy . /, ~himl~ dght~f- 8~m to b~re me ~is ' ' - 2o .o ~. [~ ~ New ~r~ PLEASE list, on th~ back of this Affidavit or on.a. sheet Of paper, the Io.[ numbers next to the owner names and. addresses for'which notices were mailed. Thank yOU: ?,CHITECT RK SCHWARTZ & ASSOCIATES 28495 .Main Road · PO Box 933 · Cutchoguc, NY 11935 631.734.4185 [ ~ ~.mksarchilcct.com 1000-104-09-03 Dowling House 1200 Broadwaters Road Cutchogue, New York 1000-104d~-02 1000-104-0~.2 1000-104-11-8.1 1000-104-11-09 1000-104-10-12 Joseph Sferrazza Family Trust 235 Pond View Drive Port Washington, New York Thomas Frenz 117 Queens Court Massapequa Park, New York 11762 Keith & Helen Hughs 39 Furrow Lane Levittown, New York 11756 Caroline Riley 1175 York Avenue, Apt 2C New York, New York 10021 no owner as per Assessors list MA Po~ s $1.~ c~ F~ $2,80 $ t6,15 08/17../~010 ~.~ ~.1 L~"P~:q'~CIAL USE ,.o $1.05 0935 o Po~t~ $ $1.~ ~ Postage $ ~ T~ P~ge & Fees ~ > t o,~.~.~j.. ......... ~.. .................. .: ................. t t ~.~,~:~,~-~ ..................................................... ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as Ieee. l¢4. aA COUNTY OF SUFFOLK) STATE OF NEW YORK) ~, New York, being duly sworn, d~pose and say that: On the tat~tt~ day of 4q. a6o'd2r'-' ~.o] · , I personally placed the Town's official Poster, with the date of heafing and nature 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 fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to t~dat date of the subject hearing date, which hearing date was !/~-~7~ ' shown to be ~L,~t,/./~"--~. (. ~c,t/ 0 Sworn to before me this ~g//,~day of /~za,~7* , ;~.c2/9/v // (Notary Public) BABETTE CORNINB Notary Public. State Of New York No. 01CO5792800 Qualified In Suffolk County .o ., Commission Expires ~ ~ ,c~'/,~/ *near the entrance or driveway entrance of.my_pmpe%,, asXhe-~rea~t44siblelo~assersby · Complete Items 1, 2, and 3; Also complete item 4 ff Rest31¢ted Delivery Is desired. · Print your name and address on the reveme so that we can retum the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. D. is dellv~y address different fn311 Item 1~ If YES, enter dellve~ address belo~ ]Agent [] No 4. Restn~ted D~h~ (~ma Fee) 1:3 Yes 2. ArflcleNumber 7009 1410 0002 1063 6631 PS Form 3811, Febma~ 2004 Domestic Retum Receipt 1o2593-024a-1~40 · Complete Items !, 2, end 3. Also ~ornplete ~rn 4 E Restricted D~Ne~/}s de,red. · pflnt your neme and address on the reveme · Attach this card to the be~k of the mailpie(~, or o~ the fro~t If 1~3e permits. 1. A~tlcleAddressed to: 117 EuF_,. .w,r cT D. I~ deliver/addre~ dtffel~t f~o~ Item 17 I-lyes If yES, enter delbefy addn~ ba/x)w: nNo [] [] O.O.D, 2. Pa~cle NUmber 7009 1410 0002 1063 6617 PS Form 381 1, February 2004 102585-024~1~4o I ~ la C.O.D. 4. r,,.n;~.'~ ~'~ ~ r-~ oY~ 2..~Jl~lsNumbef 7009 1410 0002 1063 6648 PS Form 3811, February 2004 Domestic Return Receipt 10259s~2-t4-1540 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailino 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 20, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6412 Dear Mark: We have received an application for additions and alterations. Property has wetland areas. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. ~ !iBi~ i'}~ '~ ~-L~ V,ery truly yours, Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ 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 20, 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 # 6412 Owner/Applicant' Dowling, Thomas & Maureen Action Requested: Additions and alterations, 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. Leslie,J~'.~eisman ~ ZBA (~rpers~n ~ t, ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fkst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 30, 2010 Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 Re: ZBA # 6412, Dowling Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's September 23, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk r~garding 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 Departmem. If you have any questions, please call the office. Sincer~y,~ Encl. Cc: Building Dept. BROADW/ATERS COVE TOY4N OF SOUTHOLO 3 NOTICE COUNTY OF SUFFOLK