The URL can be used to link to this page

Home My WebLink About6415 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION ~~' ~'~ MEETING OF NOVEMBER 16, 2010 SOlJ~;~O]d T~Wll C~r[{ ZBA FILE: 6415 NAME OF APPLICANT: Richard J. & Joann Savarese PROPERTY LOCATION: 2575 Old Orchard Rd. (adj. to Orient Bay), East Marion, NY CTM 1000-37-6-7.1 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 August 2, 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 was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 15, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a small, irregularly shaped, non-conforming 7,316 sq. ft. waterfront parcel in the R-40 zone. The northerly lot line measures 269.30 feet along an adjacent property, the easterly lot line measures 40.07 feet on Orient Bay, and the southerly lot line measures 267.13 feet along Old Orchard Lane. The property is improved with a one-story, single family dwelling, which is shown on the site survey drawn by Mark Schwartz, Architect, PLLC, dated July 14, 2010, and is also shown, with the proposed location of a new two-story dwelling, on the latest revised site survey drawn by Mark Schwartz, Architect, PLLC, dated Oct. 13, 2010. BASIS OF APPLICATION: Request for Variances 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 demolition and construct new single-family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant proposes to demolish a one-story dwelling, and to construct a two-story dwelling on the property requiring a front yard setback variance of 4.4 feet where the code requires 35 feet and a rear yard setback of 0.7 feet where the code requires 35 feet. Page 2 - November 16, 2010 ZBA File#6415 Savarese CTM: 1000-37-6-7.1 AMENDED APPLICATION: During the Sept 23, 2010 hearing, the applicant was asked to bring the site plan into more conformity with the code. The Board expressed particular concern with a proposal to construct a two story dwelling with a 0.7 foot rear yard setback. On Oct 14, 2010, the applicant's agent submitted a plan decreasing the proposed front yard setback from 4.1 feet to 3.3 feet, and increasing the proposed rear yard setback from 0.7 feet to 3.3 feet, in an effort to bring the proposed new construction into more conformity with the code. ADDITIONAL INFORMATION: The Applicant has submitted a Letter of Approval and a Wetland Permit from the Board of Southold Town Trustees both dated July 22, 2010. The adjacent neighbor submitted a letter in support of the original application request and spoke at the Public Hearing requesting the Board grant the first request to better preserve his existing water view. He also agreed to permit the applicant access to his property during construction of the proposed dwelling. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application Sept 23, 2010, and Oct 21, 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). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although the new construction will replace the existing single family dwelling, after its demolition, it will have a front yard setback that will be reduced from 4.1 feet, to a new setback of 3.3 feet, there will be an increase in the rear yard setback to a minimum of 3.3 feet, rather than the 0.7 foot setback for the existing building. The majority of the houses in the area are two story dwellings with nonconforming setbacks. 2. Town Law §267-b(3)(b){2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than area variances because the size and narrow triangular shape of the property is such that any type of construction will require a variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein are substantial. The front yard and rear yard setbacks of 3.3 feet represents a 91% variance relief from the code required setback of 35 feet for both setbacks. However, such extreme non-conforming setbacks are not unusual in this neighborhood. 4. Town Law I}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 management requirements per code will be in place. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, the applicant was aware of the nonconforming size of the property and has requested to demolish and rebuild a new dwelling that cannot meet the required setbacks. 6. Town Law §267-b. Grant of the variances requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single family dwelling, 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as amended, and as shown on the revised site plan and survey prepared 10/13/10 by Mark K. Schwartz, AIA, Architect, PLLC. Conditions: 1.) All storm water runoffwill be contained on site per code. Page 3 - November 16, 2010 ZBA Fileg6415 - Savarese CTM: 1000-37-6-7.1 That the above conditions be written into the Building Inspector's Certificate of Occupancy, 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 nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider. (Member Homing by phone no voting righO This Resolution was duly adopted (3-0. L~slie Kanes Welsman, Chairperson Approved for filing// /// /2010 Nay: Member Dinizio. : 2010 . Town Clerk PROPOSED SEPTIC ~'~-I'EM LOCATIONS: ~M.: DESCRIPTION: DISTANCI )I~TANCI OLD (pg, Ru ~C~ LAN NOTE: FILL FOR SEPTIC AREA: APROXIMATLY 2200 iQ. FT. = 200 CU. YD. +/- SITE PLAN SCALE: 1" = 20'-0' SOARD OFAPPEAL$ STORMWATER MANAGEMENT REQUIREMENTS ...........- - '" " '" JSEE DECISION STRAW BALE DIKE DETAILS PRE-ASSEHBLED SILT FENCE ,L SILT FENCE DETAILS N MAP LEGEND O~ ,2010 t:ORM NO. 3 NOTICE OF DISAPPROVAl, DATE: May 26, 2010 TO: Richard J. & Joann Savarese C/O Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated May 12, 2010: For permit to demolish and construct new single family dwelling at: Location of property: 2575 Old Orchard Rd., East Marion, NY County Tax Map No. 1000 - Section 37 Block 6 Lot 7.1 Is returned herewith and disapproved on the following grounds: The proposed demolition and construction of a new single family dwelling, .on this non- conforming 7,316 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring less than 20,000 square feet in total size, require a front and rear yard setback of 35 feet. The site plan shows front yard setback of 4.1 feet, rear yard setback of 0.7 feet. AutlCprized Signature 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. SUFFOLK COUNTY EXECUTIVE August 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING ~ RECEIVED BOARD OF APPEALS Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Savarese, Richard and Joann Cutchogue/N. Suffolk Historical Council #6415~// #6416 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 OF ICE LOCATION: Town H~I ~nex 54375 State Route 25 (cot. M~n ~. & Youngs Ave.) Southold, ~ 11971 LOC~ WATE~RONT RESTriCTION PROG~ TO~ OF SOUTHOLD M~ILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM RECEIVED SEP 1 5 2010 Leslie Weisman, Chair To: Town of Southold Zoning Board of Appea~ Is/,/ From: Mark Terry, Principal Planner LWRP Coordinator BOARD OF APPEALS Date: September 15, 2010 Re: Coastal Consistency Review for ZBA File Ref. RICHARD J. and JOANN SAVARESE #6415 - SCTM# 1000-37-6-7.1. RICHARD J. and JOANN SAVARESE #6415 - 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 demolition and construct new single-family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2575 Old Orchard Rd., (adj. to Orient Bay) East Marion, NY. SCTM#1000-37-6-7.1. 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 Policy Standards and therefore is CONSISTENT with the LWRP. Note: The Board of Trustees issued a Wetlands Permit for the action on July 22, 2009. A condition of the Board of Trustees permit is the establishment of a natural vegetated buffer seaward of the AE Zone line as depicted on the site plan dated June 5, 2009. In the event that the action is approved it is recommended that this condition be memorialized in the record. Additionally, it is recommended that the term of the buffer and maintenance activities are better defined. A sample definition for a natural vegetated buffer follows: NATURAL VEGETATED BUFFER - the area inclusive of all existing vegetation seaward of the AE flood zone. Grading or clearing activities within the buffer are prohibited. Maintenance activities within the buffer are limited to clearing and/or removing vegetation which are hazardous to life and property, replanting of vegetation and establishing a four foot (4') wide path to access the water-body. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 2575 Street Old Orchard Lane Hamlet East Madon SCTM 1000 Section 37 Block6 Lot(s)_ 7.1 Lot Size 7,316 Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING I~SPE. CTOR DATED May 26, 2010 BASED ON SURVEY/SITE PLAN DATED O?//.~/ /~ . Applicant(s)/Owaer(s): Richard and Joann Savarase Mailing Address: 611 11th Street, Brooklyn, New York Telephone: 718-768-4693 Fax: Email: NOTE: In addition to the above, please complete below ffapplication is signed by applicant's attorney, agent, architect, builder, contract vendee, etc~ and name of person who agent represents: Name of Representative: Mark Schwartz, AlP, for ( ) Owner ( )Other: Address: P.O. Box 933, Cutchogue, New York 11935 Telephone: 734-4185 Fax: Email: Please check to specify who yot~ wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), {~ Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED O7~.~//0 and DENIED AN APPLICATION DATED May 12, 2010 FOR: ·/~) l~uilding Permit O Certificate of Occupancy {~ Pre-Certificate of Occupancy {~ Change of Use O Permit for As-Built Construction ({~ Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by ~umbers. Do not quote the code.) Article: )~ I I ~ Section: ~d~)--[ ~ 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. {~ Interpretation of the Town Code, Article Section {~ Reversal or Other A prior appeal (*)/has, ( ) .has not. been made at any time with respect to this property, UNDERAppeaINo(s). 4b&d.-- Year(s). f ~ . (Please be sure ,o research before completing this qu'estion or call our o~ce for assistance) N amc of Owner: REASONS FOR APPEAL (additional sheets ma~, be used with preparer's signature): ARE.d I. ARI/tNCE Rlz; ISONS: (1) An undesirable change will not be produced in the CtlARACTER of the neighborhood or a detriment to nearby properties if granted, because: An undesirable change will not be producad because the character of the house is consistent with neighboring homes and within allowable maximum roof heights. (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: Due to the property size, location and shape regarding the positioning of the house to meet all necessary setbacks the benefit sought can not be achieved in some other way. (3) The amount of relief requested is not substantial because: The house will be replacing a prior existing home. Installation of drywells will be installed to control runoff and the sanitary system will be replaced and upgraded to ensure effective treatment of waste. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The area seaward of the AE zone will remain as a natural vegetated buffer and the variance will not have an effect adverse to the physical or environmental conditions. Has the alleged difficulty been self-created? ~?es, or {~No. Are there Covenants and Restrictions concerning this land: [] No. ['-]Yes (p/ease fitrnish cop},). This is the MINIMUM that is necessary and adeqnate, and at the same time preserve and protect the character of the neighborhood md the health, safety, and welfare of the community. Check this box ( ) IF A USE 191RI/INCE IS BEING REQUESTED, AND PLEASE COMPLETE TtlI£ ATTACHED USE VARIANCE SHEET: (Ph, a.,'e b,, sttr~lt yottr ,~qr,,~_ Signatur~ o~App~lan[or ~uthorized Agent Si, Ol'll tO before me this ~ (A~elll IllllSt suhmil wri~ization from O,,ner) dayof q5~ ,zo /~. Notary Public VIGKi TOTH Notary Public.State of New York No. 01T06190696 Qualified in Suffolk Counh/ Commission Expires July ;?8, APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Richard J. and Joann Savarese Date Prepared: July 12, 2010 1. For Demolition of Existing Building Arras Please describe areas being removed: Demolish existing house, wood deck and brick walk. 11. New Construction Arras (New Dwellin~ or New Additions/Extensions): Dimensions of flint floor extension: LR 13x14, DR 8x13,bedroom 10x10, kitchen 10xl 1, 16x16 deck Dimensions of new second floor: master bedroom and bath 35.§x22.6 Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): _25-5 Is basement or lowest floor area being constructed? If yes.,,please provide height (above ground) measured from natural existing grade to flint floor: No III. Proposed Construction Description (Alterations or Structural Changes) (anach extra sheet if neeessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one story wood flame house Number of Floors and Changes WITH Alterations: 2 story wood frame house. 1st lloor - kitchen, bedroom, Ir, dr, deck; 2nd floor - master bedroom and bath IV. Calculations of building areas and lot coverage (from surveyor): .... 942 0 sf; 12 9% Ex~stmg square footage of buddings on your p,m. perry: - . lot coverage Proposed increase of building covera~ge: 1.57o increase Square footage &your lot: 7,316 sT Percentage of coverage of your lot by building area: 13.4% V. Purpose of New Construction: Demolish and reconstruct a new two story dwelling with deck, install drywells for stormwater runoff and a new sanitary system. Improve and update appearance in this heavily developed neighborhood. VI. Please describe the land contours (fiat, 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 triangular in shape where the existing and proposed house are located. The property slopes at varying levels as set forth on the site plan. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building arra to be altered with yard view. 7/2002; 2/2005; 1/2007 Bo QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes b/No Ar~qre any proposals to change or alter land contours? o · Yes, please explain on attached sheet. 1.) Are there areas that contain sand or wetland grosses? 2.) Are those areas shown on the survey submitted with this hpplieation? ~'~' .f 3.) Is the property bulk headed between the wetlands area and the upland building area? o~ 4.) If your prope~y contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~-f Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with con~litions 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? ~E} Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? AJ t9 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? Aid If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: Please attach all pre-certificates 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. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. garage, pool or other} Please list present use or operations conducted at this parcel ..f'//dd(./F ?-/l/tT~c ~, and the proposed use - ~1t .~'7~'~ /' · (ex: existing single family, proposed: same with PROJECT I.D. NUMBER 617.20 Appendix C Stats Environmental Quality Review SEQR SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ,PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUCANTI~PONSOR I 2. P~OJECT NAME Richard and Joann Savarese I M~m~ay East Marion Co. my Suffolk 2575 Old Orchard Lane, East Marion, NY [] New [] Expl~l~lo~ J~l Modl float Ion/Ill I~allo~ Demolish a~ ~n;~ a ~ ~ ~ ~li~ ~ ~ i~ll d~ ~ ;~r m~ a~ a ~ ~n~ ~ ~ ~ini~ ~L 7. AMOU~ OF ~ND AFF~ ~n~W .17 ~ u~t~ .17 ~ 10. DOES ACTION INVOLVE A PE~MIT APPt~3VAL OR FUNDING, HOW OR U~.TIMATE~Y FROM ANY OTHER GOV~MB~rAL AGENGY {FEDERAL, STATE OR LOC, AL.~ 11. DOE~ ANY A.~P~=C~ OF I~IE ACTION HAVE A CUrRENTLy V~J-JD I~RI41T OR AJq"ROVAL? Richard and Joann Savarese Appaca~t/~m~ser ~mm~c If the action Is in the Coastal Ama, and yo~ are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER D. WiLL THE PROJECT HAVE AN IMlaACT ON THE ENVIRO'NMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEA? E. IS THERE, OR I~ THERE LtKI=LY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [~ Y~ [] NO If Yes, explain i~'fetly PART Ill--DETERMINATION OF SIGNIFICANCE [To be completed by Agency) INSTRUCTIONS: For each adverSe effect i~lentlfled sl~'e, determine whether a is supetsntial, isrge, important or otherwise significant. Each affect s~o~ld be assessed in connection with Ils (a) setting (I.e. utOan or rural}; (b) probat)illty of occurring; (c} duration; (d) irreversibility; {e) geographic scope; and {1) magnitude. Il necasss~, add attachments or reference sul)pofflng materials. Ensure that ex01anations contain sulticienf detail to ~ tl~sf all relevant adverse impacts have hee~ identlfiecl and adequately addressed. If- queStion ~J of Peri II was checked yes, the determination snd significance must evaluate fha potential, impact of the prol3osed action on the environmenlal characteristics of the CEA. [] Check this box if you have identified one or more potentPally large or significant adverse inT~i?cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result In any significant a~versa environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name~ first name, ~iddle~nitial, unless you are applying in the name of someone else or other entity, such as a company, lfso, 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 o e owns more than 5 ~ of the shares. YES NO ~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of.~J ~ 1(o Signature: Print Name: APPLICANT · NSACTIONAL DISCLOSURE FORM ~ (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Varian~ X Special Exception If"Other", name the activity:_ Change of Zone Approval of Plat Exemption from Plat or Official Map 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 ofticer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP LWRP CONSISTENCY ASSESSMENT FORM A. 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 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, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 37 -6 _7.1 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: To dismantle existing 1 story wood framed house with deck and reconstruct a 2 story wood frame house with deck, retaining wall for proposed new septic system and install drywells for storm water collection of roof runoff from house. Location of action: 2575 Old Orchard Lane, East Madon Site acreage: 0.17 acres Present land use: single family house with deck Present 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: Richard and Joann Saverese (b) Mailing address: 611 11th. Street, Brooklyn, NY 11215-5202 (c) Telephone number: Area Code ( ) (718) 7684693 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] Nol" I 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 usc 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) This project entails demolition and construction of a small two story dwelling on a previously developed site in a heavily developed neighborhood. Policy 1 is not applicable to this project. 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) not applicable. The proposed project does not affect the historic or archaeological resources in the town of Southold. Attach additional sheets if necessar7 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 throngh 7 for evalnation criteria ~ Yes [--] No [--'] (Not Applicable - please explain) To the extent that this policy is applicable to the proposed project, visual qualily and scenic resources will be protected at the site through the protection and maintenance of the well vegetated area buffering the developed portion of the site from Odent Bay. The area required for a new septic system shall be constructed and fullt planted out with native plants. A detailed planting plan shall be submitted to the Trustees office for review and approval. 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) This project does not address nor affect erosion control strucutures or other erosion/flooding control initiatives. Policy 4 is not applicable to the project. 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 I~ No ~] (Not Applicable- please explain) The proposed project is consistent with Policy § via 3 major components: 1. installation of do/wells to control runoff, 2. upgrade the existing sanitary system to ensure effective treatment of sanitary waste, 3. retention of the existing vegetation and beach buffering the project from tidal wetlands, which is to be preserved permanently and also protected from site disturbance dudng construction by a project-limiting fence and staked haybale line. Attach additional sheets if necessary Policy 6. Protect and restore the q!mlity and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes ~ No r~ (Not Applicable - please explain) This project will be consistent with Policy 6 for the same reasons as Policy 5. complied with. 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) The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to 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 will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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. Sec LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ NO ~ (Not Applicable - please explain) As the project area is limited to the upland portion of the property landward of the top of an embankment, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. ['~Yes ~ No [] (Not Applicable - please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to this project. 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 lII- Policies; Pages 57 through 62 for evaluation criteria. ["-]Yes ~'] No[~ Not Applicable-please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living madne resources of Long Island Sound. Policy 11 is not applicable to this project. 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 The project site is neither situated on nor adjacent lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. Sec LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~] No ~] Not Applicable - please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. Prepared By: Mark Schwartz, AIA - Architect TOWN 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/)~ (-,/~"'7/,D Expiration 20 __ 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: /~44/~'~' Phone: 754-4 Building Inspector APPLICATION FOR BUILDING PERMIT Date O ~'/[ ~.,/ [ O ,20__ INSTRUCTI, ONS / ' a. This application MUST be completely filled in by typewriter of 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 c, omm~nced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance o~ has not been completed within 18 months from such date. If nQ zoning amenqtments or other regulations affecting the propeny'have been efiacted in the interim, the Building Inspector may authorize,'in Writing, the extension of the permit for an addition six, months. 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.~cribed. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulatiog , an~ to admit authorized inspectors on premises and in building for n'ec, essary inspections. ~ State whether applicant is owner, lesse~gineer, (Sign~tu['e o"~ap~lica~'~ Vnan ~', ifa corporation) (Mailing address of applicant) general contractor, electrician, plumber or builder Nameofownerofpremises _~[C .~. ~U~? d~,~,/~, (As on the ~ 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. Location of land on. which proposed work will,l~e done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision Block 0 ~ Filed Map No. Lot State existing use and occupancy of premises and intended use and occupan~cy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy '-~4~" Nature of work (check which applicable): New Building Repair Removal Demolition Addition Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, numbor, of cars Alteration (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 Rear 8. Dimensions of entire new construction: Front Rear Height . Numb,er of Stories "~'~' ~ J'~'e ~7 de:[~' ~(~_Depth 9. Size of lot: Front _Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated t~ 4"0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES/ NO__ 13. Will lot be re-graded? YES__ NOr'~ Will excess fill be removed from premises? YES ~ NO __ 14. Names of Owner ofpremis_es ,f~V~t~.~_.fl~ Address Phone N~{~ '7(.'~ ' ~.~? Name of Architect J-'I;-/2P~,,,~t'Z- t' ~__Address Phone No '~,~t/..~/,F2- Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES_2(_- NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevatiofi at any point On property, is at I0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this propm'ty? * YES__ · IF YES, PROVIDE A COPY. NO ~ STATE OF NEW YORK) SS: , COUNTY OF $OP?~.~)" :' '" ' ' /~~~.. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONill[ D. BUNCH /,~ Nota~/..Public, State of New Yod( ~o 01BU6185050 Corem ss~0n I~ro~ A~n114, '~0 f~ (Contractor, Agefit, Corporate OffiCer, etc.~ '- ........ : ...... '""~" of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree 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 Si~na~/pplic~t Richard Savarese 611 11' Street Brooklyn, NY 11215 718-768-4693 To Whom It May Concern: I, Richard Savarese, authorize Mark Schwartz, AIA - Architect, to act as agem for permit applications to the Southold Town Board of Trustees, New York State Departmem of Environmental Conservation, Suffolk County Department of Health, Southold Zoning Board of Appeals and the Southold Building Department. The proposed residential construction project is located at 2575 Old Orchard Road, East Marion, New York (SCTM# 1000- 37-06-7.1). ~se date: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Buzlding Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17398 Date OCTOBER 11t 1988 THIS CERTIFIES that the building ALTEPATION Location of Property 2575 OLD ORCH~/%D RD. House No. Street County Tax Map No. 1000 Section 37 81ock 6 Subd~vislon Filed Map No. EAST MARIONt N.,Y. Hamlet Lot 7.1 Lot No. conforms substantially to the Application for Build~ng Permit heretofore flled in this offzce dated MARCH 31¢ 1988 pursuant to which Bu~ld~ng Permit No. 16890-1 dated APRIL 14, 1988 was ~ssued, and confomns to all of the requirements of the applicable provisions of the law. The occupancy for which th~s certificate ~s · ssued is ALTERROOFFROMSHEDROOF TO GABLE ROOF &EXTENDING EXISTING DECK ON F~f/STING ON~ FAMILY DWELLING AS APPLIED FOR The certificate Ks issued to ROBERT & JOSEPHINE LUSTGARTEN (owner, lessee or tenant) of the aforesaid build~ng. SUFFOLK COUNTYDEPARTMENT OF HEALTHAPPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-037134 - OCTOBER 3r i988 PLUM~ER~ CERTIFICATION DATED JUNE 20~ 1988 - KING..PL~I~BING & HEATING Bulldin~Inspector Rev. 1/81 TOWN OFSOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES Pre C. 0. Z12596 THIS IS TO CERTIFY that the Date: July 10, 7984 111 Land /X / Building(s) /_--/ Use(s) located at 2575 01d Orchard Road East Marion Street ~iamlet shown on County tax map as District 1000, Section 037 , Block 06 Lot 007 , does not conform to the present Building Zone Code of the Town of Southold for the follo~ving reasons: Insufficient Total Area; insufficient habitable space; insufficient setbacks (ail). On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming /~_/Land /_--X/Building(s) ~_/Use(s) existed on the effective date the present Building Zone Code of the To%on of Southotd. and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: One family dwelling in "A" Residential Agricultural zone with access to 01d Orchard Rdt, a private road. Contains attached deck on Bay The Certificate is issued toTheo & Adel Kamp & Wolf gang & Evelyn Stupel (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N/A UNDER%VRITERS CERTIFICATE NO. Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No.Z.1.2.5..9.3 ........... Date ...... 4u..1 y..6. .................... 19BA. THIS CERTIFIES that the building..O, rle.. l' ~.ra J, ]~ y..cl~ ~ ~ )_.~,tl g ........................ Location of Property .... 2.5.7. ~..0.],cl. 0;'.atl ~ pit..}~ o~tit ............... ~ a ~.t, .Ha r',Lan ...... House No. $~'eet Ham/et County Tax Map No. 1000 Section . .. ~ .~.T ...... Block ...0. ~. .......... Lot . .?. .............. Subdivision..~.a.r. ~.~.n.~.~..~..~.~g. ~.~.~., ........ Filed Map ~To. 2.?.5. ..... Lot No.. ? ........... conforms substantially to the Application for Building Permit heretofore filed tn tbL~ office dated · · ~ ?.~.Y· · .2 ............. 19 .~.q. pursuant to w]~ch ~u~Iding ~ermit ~To. ~.~.2. 5. .5.~ ............... dated ....... ~9 .~7..2. ..... ~ ........ 1~ ~b., was issued, and conforms to a~ of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .~.o. ve~o va t; e The certificate is issued toT~.e,o. .~. ,R.c[~ ~.. ~p. ~ .~/~3-,f. ga~g..& .l~y.e. Z3t~, ~.~UI~ ~,1. ........ (owner, ~eA~ ~a~ . of the aforesaid building. Suffolk County Department of Health Approval ....... I~/.~ ............................... UNDERWRITERS CERTIFICATE NO ............... I~././~ ............................... Rev. 1/81 Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. NON-HABITABLE Certificate Of Occupancy No. Z12410 Date ..... .A. pri,1 4 ., 19.8.4. THIS CERTIFIES that the building ................................................ Location of Pro err 25.75 old Orchard Road East Marion P Y h3,;~/,: ....................... ~ifi~3i ....................... ~i4,t~ County Tax Map No. 1000 Section ...0..3.7 ...... Block 06 .Lot 007 Subdivision Gardiner ' s Ba Est. ' s .27.5. .................. Y ............ Filed Map No ...... Lot No...7 ........... Building built prior to April 23 57 Certificate Of Occupancy ...................... 19 ... pursuant to which-~g~:~mligNo... $!.2.4.!9 ............ -dated .... .A~.r.i..1..4. ............... 19 .8.4. , was issued, and conforms to ali of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... a pre-existing dwelling .in. non-habitable condition. The certificate is issued to THEODORE & ADELE KAMP & WOLFGANG & EVELYN R. STUPEL (o wner,-/~me m,-mmm'f of the aforesaid building. Suf~lk County Depa~ment of Health Appro~l ..... O~ .~ .......................... record UNDERWRITERS CERTIFICATE NO ............. hq ............. SEE ATTACHED HOUSING CODE INSPECTION REPORT. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. T~w~ ~all A~e× 5~375 ~ ~d Telephone (631) 765-1892 Fax (631) 765-6641 July 22, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mark K. Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 RE: RICHARD & JOANN SAVERESE 2575 OLD ORCHARD LANE, EAST MARION SCTM#37-6-7.1 Dear Mr. Schwartz: The Board of Town Trustees took the following action dudng its regular meeting held on Wed., July 22, 2009 regarding the above matter: WHEREAS, Mark K. Schwartz, AIA on behalf of RICHARD & JOANN SAVERESE applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, application dated June 12, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 22, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPROVES the application of RICHARD & JOANN SAVERESE to demolish and reconstruct a new two-stow dwelling with deck, install drywells for stormwater run-off and a new sanitary system with retaining wall, with the condition the area seaward of the AE Zone line remains as a natural vegetated buffer, and as depicted on the site plan prepared by Mark K. Schwartz, AIA dated June 5, 2009 and stamped approved on July 22, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jame .~King, Preside.~ Board of Trustees JFK/Ims James F I<.ing, President Jill M l)oherty, Vice-Presideni l'egg9' A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Ihdl 53095 l~outc 2;5 P.O. Box ] 179 Southold, New York 1197]-0959 Telephone (631) 7~5 1892 Fax (631) 765 6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED AVIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE __ Pre-construction, hay bale line __ 1st day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES. SOUTHOLD, NEW YORK PERMIT NO. 7146 DATE: JULY 22~ 2009 ISSUED TO: RICHARD & JOANN SAVERESE PROPERTY ADDRESS: 2575 OLD ORCHARD LA~NE~ EAST MARION SCTM#37-6-7.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 22~ 2009 in consideration of application fee in the sum of $250.00 paid by Richard & Joann Saverese and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish and reconstruct a new two-story dwelling with deck, install drywells for stormwater run-off and a new sanitary system with retaining wall, with the condition the area seaward of the AE Zone line remains as a natural vegetated .buffer, and as depicted on the site plan prepared by Mark K. Schwartz, AIA dated June 5, 2009 and stamped approved on July 22, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee, Richard & Joann Saverese, residing at 2575 Old Orchard Lane, East Marion, NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assume~s~lJJi_abfi_lity ~ith r_e~sgcqLthereto, to the complete exclusion of the Board of Tnis~es of the T6~n-of Southold. -- ..... ' ; - That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. ']['hat there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Office of the Clerk of the County of Suffolk as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety (90) calendar days of issuance of this permit. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. APPEALS BOARD IVW..MBERS Gerard P. Goehdng~r, ~ Jaraes Dinizio, Jr. Lydia A. Tortora Lora S. Collins Oeorg~ Horn~g BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fsx (516) 765-9064 '[blcpbone (516) 765-1809 RESOLUTION REGULAR f4EET~NG WEDNESDAY, APRIL 22, 1999 ~CE~v~D BOARD OF AppEAL$ Appl. No. 4664 - ROBERT LUSTGARDEN and .1OSEPH TAVANO, Contract Vendee By Warren Sambach, Sr. Parcel No. 1000-37-6-7.1 Street Address: 2575 Old Orchard Lane, East Madon WHEREAS, on February 5, I999, applicants filed a request for a Variance based on an application to the Building Department and two Notices of Disapproval dated 3anuary 19, 1999; and WHEREAS, a public hearing was held on March 25, 1999, at which time the applicants, their agents, and all other persons who desired to be heard were heard, and their testimony recorded; and WHEREAS, by written letter dated April 20, 1999, received April 22, 1999, the applicants, by their attorney Alfred A. volkmann, confirming that they withdraw the above- referenced aPplication for the reason that Mr. Tavano no longer wishes to proceed; NOW, THEREFORE, on moUon by Chairman Goehringer, seconded by Member Collins, it was RESOLVED. that Applicants' letter is accepted and AppllcaMon No. 4664 is hereby noted as ~WITHDRAWN." VOTE OF THE BOARD: AYES: Members Goehfinger, Dinizio, Tortora, Coltlns, and Homing. This ResolulJon was duly adoptt~l (5-0). ~OARD 0~: T,," DWN OF SOU~',;OLD ~L ? OLD D 24 5' LA STORMWATER MANAGEMENT REQUIREMENTS EASEMENT SITE PLAN SCALE: 1"= 20'-0' N MAF SITE PREPERATION: 1). EXCAVATION/VlUgT NOT BEGIN CABLES AND PIPES HAVE BEEN M COMPANIES THAT THE AREA IS ( 2). CONTRACTOR AND EXCAVATOi BEFORE EXCAVATION BEGINS. A BE DONE BY HAND. 3). CLEAR THE SITE AT LEAST 20 - 25 A). CUT UP TREES (VERIFY L'~ITH B). CHIP BRUSH. C). REMOVE STUMPS AND HAUL 4). RETAIN AS MUCH TOP SOIL AS P QUALITY OF THE PROJECT SITE. B). ~OHEN THE TOP SOIL IS PRESERVi TO A SAFE LOCATION ~(/ITH A FI 6). FOUNDATION EXCAVATIONS SH BENCH MARK PRIOR TO EXCAV/ 7). OVER DIG FOUNDATION HOLES DRAINING BACK FILE AND TO PI~ AJ. IF THE DEPTH OF EXCAVATIC z/TOWN OF SOUTHOLD PROPERTY RECORD CARD '~'""~ 15---' DIST SUB. OWNER STREET /_...% ,~ ~.~'-" VILLAGE ~--r ~ ~O ~ ~I ~ ~' S S W TYPE OF BUILDING RES. ' ~~ VL' ' FARM COMM' CB' MISC' Mkt. Value ~ND IMP, TOTAL DATE REMARKS ~/~ /~j~/l[ AGE BUILDING CONDITION 9~. L~49B- N~ NORMAL BELOW ABOVE 4//~/~-~i~O' FARM Acre Value Per Value / ~ / '1 Tillable 1 Tillable 2 Tillable 3 Woodland , Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot _ DEPTH BULKH~D DOCK Total ~. ~ ~ ~ M. Bldg. Extension Extension Extension 'Porch ~rch Breezeway I Garage Patio O.B. Total Foundation .~-21 ~ y._C Bath / Basement /V.~ r',/~C Floors 'Ext. Walls ~/./(~, 6~' Interior Finish ;~ ,'~ /~ Fire Place _~f/~/~/~'~ Heat Type Roof ~:/~ ,/' (!~ 'Rooms 1st Floor Recreation Roorr Rooms 2nd Floo~ Dormer Driveway 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) 765-1500 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. 6415 Transmitted herewith is Zoning Appeals No. 6415 of Mark Schwartz for Richard & Joann Saverase - 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 Fomi, LWRP Consistency Assessment Form, Copy of Application for Building Department with Disapproval Dated May 27, 2010, Notice of Disapproval from Building Department Dated May 26, 2010, Authorization Letter from Richard Savarese to Mark Schwartz to Represent them in this Matter, Certificate of Occupancy No Z-17398 for Altering Roof& Extend Existing Deck Dated October 1 I, 1988, Certificate of Occupancy Non Conforming Premises Dated July 10, 1984, Certificate of Occupancy No Z 12593 for Renovate Interior, Enclose Porch & Add Deck Dated July 6, 1984, Certificate of Occupancy Non Conforming Premises Dated July 10, 1984, Certificate of Occupancy No Z12410 for Pre- Existing Dwelling in Non- Habitable Condition Dated April 4, 1984, Board of Town Trustees Permit# 7146 Dated July 22, 2009, Copy of Property Record Card, 1 Page of Photos of Property, Copy of Survey Showing Property Dated July 25, 2001 Prepared by Peconic Surveyor, 6 Pages of Plans Showing Site, Elevations & Floor Plans Dated July 14, 2010 Prepared by Mark Schwartz. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/22/10 * * * RECEIPT * * * Receipt~: 88279 Transaction(s): 1 1 Application Fees Reference Subtotal 6415 $600.00 Check#: 114 Total Paid: $600.00 Name: Clerk ID: Savarese, Richard 2575 Old Orchard La. P O Box 333 East Marion, NY 11939 CAROLH InternallD:6415 RECEIVED My wife and I own the adioining bay front residence known as 2555 Old Orchard and the a~a~.~ my neighbors. We have owned this residence since 2003. My family resides in the residence during the summer months and we intend to retire there in the coming years. The area is unique for its views of Orient Bay and its mature trees which run right up to the beach. The beauty of these trees and the shade that they provide are not found in many areas of this Town. The character of this community was established many years ago - with narrow bay front lots within the relevant radius. Many of the homes were originally built in the 1920's, including my own home. The established development of the area has resulted in the homes holding a fairly consistent setback from the bay and narrow side yards. The applicant's home has a special history which I have learned second hand over the years. Called "Yellow Shutters", it was hauled to its location via barge from the South Fork many years ago. Its purpose was to provide housing to the family of a seriously injured child. Its location on the parcel, including the minimal side yard setback to my parcel, was the result of a considered decision by the community at that time. At the time that I purchased my property I was aware of the minimal setback and accepted such as part of the character of this community. Applicant's home, however, is unique for many other reasons. It is the last residence before the Association Beach access, and therefore has no residential neighbor to the west. The home also sits entirely forward, or seaward of mine, with no portion of the home next to mine. This was due to the unique shape and size of the parcel. I was unable to attend the initial hearing on this application, but am advised that there was a suggestion from this Board about disturbing the already existing side yard setbacks, by requiring applicant to enlarge the setbacks and possibly move the home 6 feet further seaward to accommodate the lost square footage. This suggestion would create a long and narrow building envelope, uncharacteristic of this area. More importantly, it would set a dangerous precedent for similarly situated waterfront homeowners who wish to build closer to the water. From a personal standpoint, it would move this home which is already completely forward of my home, even further forward, cutting off any water view to the west. In short, it appears that the benefit created by this Board's concern for a better conforming side yard is outweighed by the dangerous front yard precedent that it will create and by the injury it will inflict on my parcel. When considering the variances originally proposed by the applicant, in conjunction with Section 267-b of the Town law, the Board should consider: 1. That the variances sought will not create an undesirable change in the character of the neighborhood or a detriment to nearby properties. As stated, the character of this neighborhood was created over 60 years ago, with narrow non-conforming side yards. The applicant's plan does not encroach any further into these established side yards. As the only residential neighbor to this parcel, I can affirmatively state that no detriment will be created by the original plan. The only undesirable change and detriment that can occur will result from this Board's desire to disturb the existing side yard setbacks. Such an action will result in a narrow long home, inconsistent with neighboring homes. It will further erode the character of this neighborhood by causing the removal of at least one mature tree in excess of :100 years old, which managed to survive even the Hurricane of 1938. The home is already fully seaward of my home. Compelling the applicant to move it even further seaward will create a detriment to nearby properties, as it will cut off any water view to the west and created dangerous precedent for similarly situated waterfront parcels in this community. 2. The benefit souRht by the applicant cannot be achieved by some other method other than the area variance. The applicant proposes to reconstruct their home in the least burdensome portion of the parcel, where is has been situated for many years. None of the homes in the relevant radius meet the required setbacks. A home could not be constructed on this parcel in the absence of any area variance. Applicant has no other method to pursue other than coming to this Board for an area variance. 3. The requested area variance for the side yard setback may be considered substantial when compared to code requirements. However, when we look at what is actually on the ground and compare the original plan to the neighboring homes in the neighborhood, we find many substantial deviations from present code requirements. This area has an established character and this character was developed long before the present zoning requirements for this parcel were enacted. Therefore, when compared to the established development pattern, the area variance is not substantial. 4. The proposed variance will have no adverse impact on the physical or environmental conditions of the neighborhood because the original plan contemplates rebuilding on essentially the same footprint of the original home which has existed in that same spot for many years. The altered plan however, will adversely affect both physical and environmental conditions by causing the destruction of mature trees and by creating precedent which would allow for the construction of homes closer to our waterways. 5. The difficulty suffered by the applicant is not self created, but is the direct result of the configuration of the parcel. It is my belief that upon consideration of the foregoing, this Board will ultimately determine that the area variances sought by the applicant are the minimum necessary to preserve and protect the character of this neighborhood and the health, safety and welfare of this community. Richard and Joanne Savarese have been wonderful neighbors. They enjoy a love for their property and home unmatched by anyone that I know. At any time they can be found tending to the grounds, swimming in the Bay or reading on the Beach. They are special caregivers of this parcel and deserve the variances originally sought by this application. RECEIVED BOARD OF APPEALS %~i'~~'¢' 9952 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 7~h day of October, 2010. / Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOI~) TOWN ZONING BOARD OF APPEALS THURSDAy OCTOBER 21, 2010 PUBIJC NOTICE IS HEREBy GIVEN, pursu- ant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold the fo owing public hearings wi be hem by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at thc Town Hall, 5309.5 Main Road, RO. Box 11179. Southold, New York llqTf-0959, on THURSDAY OCTOBER ;~1~ 2010:. ' P 'quests a Special Exception under Article III, Section 280-13B(13),. The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, Lo- catcd at: SI0 HUntington Blvd. Pcconic, Ny. SCTM#10(I0-gT.L8, IH Code Scctinn 280-14 (Bulk Schedule) based on an app cation for building per- m I and the Building Inspector's July 29, 2010, Notice of Disapproval concerning ,prol~osed two lot subdiv sion, Parcel ~ot s~ze less than thc code required 400,000 sq. ft. h)r two u~e% 2) side yard setback of less than the code required 30 feet, 3) k)t 5%. Parcel 2 - I) 10t size less than thc code required 200.000 sq. It, 2) lot wid h less than the code requ red 270 feet at; 31900 Main Rd., Orient, NY. 7.5. Zone 11200. quest for Variances from Article XXIII tC. ode Section 280-124 based on an a ca- ~on for ?,uilding permit and the BuPcilP~in Inspector s August 27. 2010. Nodcc tion of a single family dwelling at less than thc code required front yard setback of 35 feet. at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold. NY SCTM#YO00_ 94)-1-2. ?t on for bu ding permit a.dthe BuP~I~-- 8680 New Suffolk Rd. (aka Fifth St.) (adj. to Great Peconic Bay) New Suffolk, NY. ~ - Request for Vari- (adj. to Jockey Creek), Southold, NY. Adjourned from Publlc H~aring July Adjourned from Public Hearing Sep- CHRISTINA VOLINSKI NOI'ARY pUBLIC-STAT~ OF NEW YORK No, O1 -VO6105050 Qualified In SuHotk Co,Ji~ty 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 I3oor, 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, SEPTEMBER 23, 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, SEPTEMBER 23~ 2010: 9:50 AM - RICHARD J. and JOANN SAVARESE #6415 - 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 demolition and construct new single-family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2575 Old Orchard Rd., (adj. to Orient Bay) East Marion, NY. SCTM#1000-37-6-7.1. 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: Vic ki.Toth~,Town.Southold.n¥.us. Dated: September 1, 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 t179 Southold, NY 11971-0959 9914 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 9th dayof September, 2010. Sworn to before me this ~x~oAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY .~PTF~U ~ u ~z. ~10 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of SouthoId, the fo[lowing public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold. New York 11971-0959, on THURSDAY SEP- T~EMBER~ 9:30 AM - ANTHONY S. CAMPO #64! l - Request for Variance from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval concerning demolition and construction of a new single-family dwelling, at 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the ~ode required bulkhead setback ot 75 feet; at: 1165 Fisherman's Beach Rd., (adi to Cutchogue Harbor) Cutchogue. NY. SETM#1000-i1 [-1-26. 9:50 AM - RICHARD J. find JOANN SAVARESE ~0415 - R~luest for Vari- ance 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 demolition and construct new single-family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feeh at: 2575 Old Orchard Rd., (adj. to Orient Bay) East ~* ~ less than the code required total corn bined side yards of 25 feet. 4) less than the code required rear yard setback of 35 feet, 5) more than the code required total lot coverage of 20%. at: 780 Rabbit La., (adj. to Gardiner's Bay) East Mari- on, NrY. SCTM#1000-31-18-17. 10:40 AM - CUTCHOGUE NEW SUFFOLK HISTORICAL COUNCIL g6416 & 6420- Request for Variance from Special Exception per Code Sec- tion 280-13B(15) and Variance from Code Section 280-18 based on an appli- cation for buiMing permit and the Build- ing Inspector's July 19, 2010, Notice of Disapproval concerning construction of a new building; S6416 - owners request a Special Exception for Historical Society, #6420 - less than the code required front yard setback of 50 feet, at: 27230 Main Rd., and Case's La., Cutchogue, NY. 11:00 AM - DAHNA M. BASILICE g6409 - Request for Variance from Code Sections 280-15, based on an application for building permit and the Building spector's May 4, 2010 Notice of Disap- proval concerning proposed construc~ tion of accessory garage, at 1) less than the code required side yard setback of 2{) feet, 2) less than the code required front yard setback of 35 feet, 3) more than the code required maximum lot coverage of 20%; at: 3255 Bayshore Rd.. (adj. to Pc- conic Bay) Greenport, NY SC'TM#1000. 50.6-8 11:15 AM - ROY WARD #6404 - quest for Variance from Code Sections 280-124 and 280-116, based on an appli- cation for building permit and the Build- ing Inspector's March 8, 2010, amended June 3.2010 Notice of Disapproval con- Marion, NY. SCTM#1000-374L7.1. cerning additions and alterations to an 10:ISAM STEPHANOS STE- existing dwelling, at 1) less than the code FANIDES #6413 - Request for Vari- required side yard setback of 15 feet, 2) ' ~ 116 B less than the Code required combined ante from Code Secbons 280- ( ) .. . ...... 4 b set on an a lieation [ sine yara setback of 35 feet 3) less than ..... ' 't d the Buildin In me coae reqmrea setvacg to a gu knead rorou amgperm an g - . ........ Not ce of Dias of 75 feet; at' 4075 Stdlwater Ave (East Creek (Eugene s Creek) Cutchogue NY proval concerning proposed alterations/ · , additions and "as built" deck addition SCTM#1000-137-1-8.1. to seasonal dwelling, at; 1) less than ll:30AM-DOUGLASSLAMAand the code required bulkhead setback of NANCY SCHRANK ~418 - This is a 75 feet, 2) less than the code required request for a Waiver under Code Article minimum side yard setback of f0 feet, II, Section 280-10A, to unmerge [and identified as SCTM g1000-98-5-9, based Principal Clerk (; //:? day of ,~ ,/:4 ' 2010. NOTARY ~;r ~ ,: L:' ~EW YORK on the Building Inspector's July 14,2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to thd current bulk schedule (minimum 40,000 square feet in this R40 Residential Zone Dis- trier) this lot is merged with lot 10 to the south, at: 355 and 405 Robinson La., PU- conic, NY SCTM#1000-98-5-9 and 10. ![;45 AM - LOUIS and ELIZA- BETH MASTRO # 6417 - Request for ;qariance from Code Sections 280-116(Bt and 280.124, based on an application for budding permit and the Building Inspec- tor's June 14, 2010, Notice of Disap- proval 6oncerinng proposed substantial alterations/additions to dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the code required to- tal combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Ave., (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. 12:10 PM - RONALD A. POLLIO #6410 - Request for Variance from Code Sections 280-15 and relief from I,U{u grant #6205, based on an appgcation for buildiag permit and the Building Ins )ec- mr's May 25, 2010 Notice of Disappt oval concerning "as built" accessory shower, at ~) location other than the code re- quired rear yard, 2) relief from Condi- tion #1 of ZBA Grant #6205; at: 165 Sec- ond St., New Suffolk, NY SCTM#1000- 117-10-20.5. 1:00 PM - REGINA'S GARDEN LLC #6388 - (adj. from July 29, 2010) Request for Variance from Code Sec- tions 280-13 and 280-14, based o~ an ap- ptication for building permit to operate a farm office in a non conforming building, ~ and the Building Inspector's Marc[l 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing July 29,2010: !;30 PM - THEODORE C. MARTZ. JR. #6344. Adjourned from Public Hearing June 30, 2010: 2:00 PM - SIM MOy #6383, Adjourned from Public Hearing July 29, 2010: 2:30 PM - JOHN E. and SHARON L The Board of Appeals will hear all persons or their representatives, desiring [o be heard at each hearing, and/or des/r- mg to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view 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: HY- PERLINK "m silt o:Vicki.To t h ~Tow!L Southold.ny. us' Vieki. Tot h@Towll $outhold.nv. us. Dated: Sentember 1.20~0 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) I~O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SAVARESE, R. & J. #6415 MAP # 37-6-7.1 VARIANCE SETBACKS REQUEST Demo/Construct New Dwelling DATE: THURS, SEPT 23, 2010 9:50 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 August 30, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, September 23, 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 September 6th: 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._! owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, P, iverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin.q the hearing, providing the returned letter to us as soon as possible; AND not later than September 13th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 15st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postinq for receipt by our office before Sept. 21st, 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 YOUP, HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name ot~ Applicants) CTM Parcel #1000- 3? O (. - 7 '! AFFIDAVIT OF MAILINGS '~ECEIYED COUNTY OF SUFFOLK) SOARP OF APPEALS STATE OF NEW YORK) I, ,/~'~/g j~ ~ ~ ~ residing at ~/ ~ ~ ~v~ ~ ¢~ , New Yo~. being duly sworn, d~ose and say that: On the ~ ~ day of ~g~ ~, 2~0, I p~sonally mailed at the Uni{~ States Post Offi~ in ~ ¢¢~ , N~ Yo~, by CERTIFIED ~IL, RE~RN RECEIPT REQUESTED, a ~e ~y of ~e a~a~ed L~al Noti~ in ~aid en~lopes ~dm~ to ~ff~t o~em sho~ ~e ~ent assess~nt mil v~ from the offid~ r~rds on file ~th ~e~ Asses~m, or ( ) Coun~ReaIP~~ ' ' ~ , foreve~ prope~ ~i~ a~s and is a~ss a ~ic ~ pdvate street, ~ vehi~l~ dght~f- way of re.rd, su~ing ~e appli~nt's p~y. . ~ / . (S~gn~a~ Sw~ to ~re me ~is/~ . ~ m ~k~ P ) ~m~ ~. ~,~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Savarese 37-06-7.1 Old Orchard Lane, East Marion 37-6-6.1 Paul & Joanne Dechance 18 Sunset Lane East Miller Place, New York 11764 37-5-23.2 & 37-4-17 Gardiners Bay Estates Club Inc. P.O. Box 4 East Marion, New York 11939 X $1.05 $2.8~ $2.~0 $0.® $ $6.15 09/09/2010 cena~ F~ $2.~ ~ $1.05 $2.80 04 $2.30 $ ~6.15 09/09/2010 · C~ items 1, 2, end 3. Nso complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we =an return the card to you. · Attach this card to the back of the mallplece, er on the fro~t If space permits. addn~s If YES, e~r d~lve~ address below:. Addressee Gardiners Bay Estates Club Inc. P.O. Box 4 East Marion, New York 11939 li ~rt~MalI [] E~pmea Mall r-I Reg~tered r9 Return Receipt for Me?=hendise [] InSured Mall [] C.O.D. · Restflcted D~hm,'/? ~-x~a Fee) []Yes 7008 1300 0001 7024 2427 3811, February 2004 Domestic Return Receipt · {~mplete items 1, 2, and 3. Nso complete Item 4 if Restricted Deliver'/18 desired. · Print your name and eddmsS on the reverse so that we can retum the .c,?d. t~o you', · Attach this card to the back o~ me ma,!-.~,=, 1. Nttcle A~dm~d to: El Addressee 0. Date of Deth~/ D. isdelive~/addmsedlffem~bomR~ml? ~,/ if YES, ent~ dellve~ address below. Paul & Joanne Dechance 18 Sunset Lane East Miller Place, New York 11764 I~ Registered m RetUrn Receipt for Mmchandlse [] Insured Mall [] C,O.D. Re~tr~ted O~h~r~ ~-=Ya ?ee~ ~Yes ~.A~Numb~ 7008 1300 0001 7024 2403 ~ ?(om ~ ~ _ __ n....,~+~m Receipt 1~1~ ' [ ~ Fora 3811, F~O~ ~ ~m ~ m · ~ items 1, 2, and 3. Also complete item 4 if Restflcted Dellveq Is desired. · Print your name and address on the mveme or on the front If apaoe Pan'nits. Gardiners Bay Estates Club Inc. P.O. Box 4 East Marion, New York 11939 r"l In~Jred Ma~l ?9 C.O.D. 4. ~ ~l~l~j~ ~d~aFee) i'"9 yes ~ 2, A~lcleNuml~' 7006 2150 0004 2219 2094 PS For~ 3811, FebnJary 2004 Domestlo Return Recelp~t ZONING BOARD OF APPEALS · TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 00o-- or, - 7. ,X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ./v/~l~ /~ 5"~/'-)u~-v~/'/~ /~t- residingat ~l>4~J'~ /u/,~ltx.' C(/["C h~"~& ¢~, New York. being duly sworn, depose and say that: On the I ~ day of J~/~;~-~--.,~ 20t3 ~, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(lO)feet or closer from the street or right-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 r~n.p/~c~f s~_ da_ys._ L_ prior to th® date of the subject hearing date,-w~l~ljl~e~l?~e~ (Signature) ~ Sworn to before me this c:g~ ~r~aY of~-~'-- , 20~. ~_~ (Notary Publ~ GAlL A. GHO~IO Notary PUl~,6~7o~ New York Qualified in Suffolk County Commission Expires March 19,20 *near the entrance or ddveway entrance of my property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ]Fax (631) 765-9064 July 26, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6415 SAVARESE, Richard & Joann 1000-37-6-7.1 Dear Mark: We have received an application to demolish and construct new single family dwelling. 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. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF 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 # 6415 Owner/Applicant: SAVARESE, Richard and Joann Action Requested: setbacks. Demolish and construct new single family dwelling, front and rear yard 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. Leslie1 By: Weisman ~_~'~rpers~n ~J _ 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 ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Ftrst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 November 17, 2010 Mark Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 Re: Savarese, ZBA File#6415 Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's November 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. ,/ \ k~ = 7,316 hq. fL TO TIE LINE PR~OSED : 22% PROPOSED F/N/SHED FLOOR LOT NUMBERS 'MAP OF GARDIIE ESTATES" FIL~8 svrrOLr cou~ orr/cr o~ si FLO00 ZO~ LI~$ Y ~P ND. ~6IO~COI CONTOUR LAS & ~?~VE¥ /$ A 140LA- ~ ~ 2. ~"~ LA~ ~R[~ AR[ VALID ~0~ ~A ~E . UC. NO 49~18 7,3!6 TO TIE LINE LOT COVERAGE EXISTING PROPOSED = 22% SURVEY OF PR A T EA ST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY., N. Y. ( $CAI~: l' = 20' ..-,-'" PROPOSED FINISHED FLOOR - el. 9* JAN. I1~ 1999 ( prop. residence JAN. 1.3, 1999 ( JAN. 15, 1999 fRevtslon) Mar. Z5t /999 J'U[ Y ~5, ~'00/ ( cerlfflcoflon ) LOT NUMBERS REFER TO "MAP OF GARDINER'S BAY LOT 6 ./ ESTATES" FILED IN THE c£Rr/r~.v rD, R/CHARD d. SA VAle'ESE ~ SUFFOLK COUNTYCLERK'S dOANN SAVAR~$E /o) / OFFICE ON SEPT. 23, 1927 ~ ~s~ u~rr~N a~, ~, FLOOD ZON~ LIN~S FROM FIRM MAP ND. $6105C0177 G MAY 4,1998 CONTOU~ LII'VES & ELEVATIONS ARE REFERENCED TO N.G. ANY ALTERA.TION OR ADOI~ON TO THIS SURVEY IS A VIOtAI~ON OF ~ECT~ON 7209 OF THE NEW YORK STATE EDUCATION LAW. £XC~PT AS PER ..~CTION 720~-SU~DIVI~ION 2. ALL CERTIFICATIONS ~EREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAJ~ MAP OR COPfES gAR ~ IMPRES~D .~AL OF THE I~HO.~[~ ~IGNA TUR£ APPEARS P. 0 1230 L. tC. NO. 49618 C. (6311 765 - 1797 ..... I .Ct,Q _ .q ,q m~-P sck ORIENT H,~RBOR NOTICE ~ COUNTY OF SUFFOLK 0 J Ii --~ .mE.,.~,~,~.,*,~m~ o. I~W~'"~.~Reot Property lax Service AQency J Y I .................................. OU~A~DS AT A 45 DEGKEE ANGLE ABOVE 4 FE~ ~ ~~ D~u~ Vm~Am~ON ONLY AS N~E~E~. mE~ ~ESE~b ST~W BALE DIKE D~AI~ SILT FENCE D~AILS .................................. NOTE: PROPERW' ........ u u ~ ( JjgL 1 6 ~g ~100% WATER RUNOFE: ]'7.~ CU. ~ PROPOSED LOT COVE~GE; 13.4 ................................. J ~ .................................. COMPLIED (PE~JT CLOJED O~). DISTANCE DISTANCE SYM. DESCRIPTION: FROM "Al FROM "B" EXISTING NORTH ELEVATION SCALE: 1/4": 1'-0' NORTH ELEVATION SCALE: 1/4" = 1'-0" EXISTING SOUTH ELEVATION SCALE: 1/4": 1'-0' SOUTH ELEVATION SCALE: 1/4" = 1%0" RECEIVE~ ~JUL' 1 ~ 20~ B Ill Jilt EXISTING WEST ELEVATION SCALE: 1/4"= 1'-0' WEST ELEVATION SCALE: 1/4" = 1'-0" JUL ~ ~ 2010 ~OARD OF AppEAL$ O,,Y O~ DRAWN: iV[H/MS SCA~E: EXISTING EAST ELEVATION SCALE: 1/4": 1'-0' EAST ELEVATION SCALE: 1/4" = 1'-0" q: MH / MS SCALE: I/4"= ['-I EXISTING NORTH ELEVATION SCALE: 1/4": 1'-0' NORTH ELEVATION SCALE: 1/4" = 1'-0" EXISTING SOUTH ELEVATION SCALE: 1/4": 1'-0' SOUTH ELEVATION SCALE: 1/4": 1'-0" On, 22'-6" 6'-9" 9' 0" 8'-9" 14'-6" t 6'-0" (~) PROJECT NORTH 22' 6" 2ND. FLOOR PLAN SCALE: 1/4" = 1'-0' 24'-2" 8'x13~ lO'x 111 14'-6" 22'-8" ~ PROJECT NORTH IST. FLOOR PLAN SCALE: 1/4" = 1'-0' 'JUL ~ (; 2010 ~OARD OF AppEALr~ SGALE-