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Home My WebLink About6466 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714959 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 SOUTtlOLD Tel. (631) 76fi-1809 · Fax (631) 765-9064 5:9? 2 3 2011 AND DETERMINATION ' ~.~ FINDINGS, DELIBERATIONS O~ MEETING OF MAY 18, 2011 South Clerk ZBA FILE: 6466 NAME OF APPLICANT: Thomas Frenz SCTM#1000-104-9-4.2 PROPERTY LOCATION: 1260 Broadwaters Rd. (adj. to Broadwaters Cove), Cutchogue, NY 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 March 22, 2011 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 review 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 April 26, 2011. 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Parcel is improved with a one and a half story frame home consisting of 44,128.33 sq. ft. in this R-40 zoned district. It has 60.85' of frontage on Broadwaters Road, 410.90 feet along the eastern property line, 166.34 on Broadwaters Cove and 526.39 feet on the western property line as shown on the site plan dated 3/10/11 prepared by Samuels & Steelman, Architects. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15B and the Building Inspector's Febmary 4, 2011 Notice of Disapproval based on a building permit application for construction of an accessory two car garage at; at less than the code required side yard setback of 15 feet. RELIEF REQUESTED: Applicant is proposing to constmct an accessory garage in the front yard of this waterfront property requiring a variance of 10.1 side yard where the code requires 15 feet. Page 2- May 18, 2011 ZBA Fi[¢#6466 - Frcnz CTM: 1000-104-94.2 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 5, 2011, at which time written and oral ~vidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following f'mdings: 1. Town Law §267-b(3}(b){1} Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed location of the applicant's accessory garage has a similar side yard setback to that of the adjacent property and other waterfront properties in the neighborhood are similarly improved with accessory structures in the conforming front yard. 2. Town Law §267-b(3)(b)(2) The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. However, the subject property narrows in width closer to the road where the dwelling is sited, so Locating the proposed accessory garage with a conforming side yard setback would place it in front of the applicant's dwelling and create functional difficulties with ingress and egress to the garage. 3. Town Law §267-b(3)(b)(3) The variance requested herein is substantial, because it represents a 33% reduction in present Code requirements. However, the property adjacent to the east has an accessory garage in the front yard at 2.8 feet from the common side yard property line. 4. Town Law ~267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will cause an adverse impact on the physical or environmental conditions in the neighborhood. The proposed location is furthest away from the wetlands on the subject property and is conforming to the front yard setback, 5. Town Law §267-b{3)(b)(5) The alleged difficulty has not been self created in so far as the narrowest part of this lot is at the road and the placement of the garage allows for vehicles to mm around on the property and thus avoid backing out onto the road. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test Under New York Town Law 267-B, motion was offered by Member Goehringer and seconded by Member Weisman (Chairperson) and duly carried, to; GRANT~ the application as Applied, and shown on the site plan dated 3/10/11 prepared by Samuels & Steelman, Architects. Subject to the following conditions: 1. The accessory garage shall remain unheated and shall contain only the utility of electricity, as proposed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Page 3 - May 18, 2011 ZBA File#6466 - Frenz CTM: 1000-104-94.2 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 am 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), Horning, Goehringer, Dinizio, Schneider. This ~e~ution was dulyadopte~(5-O). Leslie Kanes Weisman, CMirperson Approved for filing ~"/..~/ /2011 EAST ELEVATION SCALE: 1/4" = 1' -0" ti SOUTH ELEVATION SCALE: 1/4" -- 1' -0" FLOOR PLAN ~ 1/4"= 1'~ NORTH ELEVATION SCALE: 1/4" = 1' -0" WEST ELEVATION SCALE: 114" = 1" -0" SITE DATA SCTM # 1000-104-09-4.2 PROPERTY: 1260 BROADWATERS ROAD ADDRESS CUTCHOGUE, NY 11935 OWNER: TOM & PAT FRENZ 117 QUEENS COURT MASSAPEQU=A, NY 11762 SITE: 44,128.33 sf - 1.013 ac ZONING.' R..40 SCDHS #: RI 0-06-0049 SURVEYOR: NATHAN TAFT CORWlN PO BOX 1931 RIVERHEAD, NY 11901 LICENSE # 50467 DATED 6/11/99 6/13/00 FOUNDATION LOCATION 2/2/01 FINAL SURVEY CONTOURS PER NGVD 1929 VERTICAL DATUM ~T~,~ LOCATION MAP COVERAGE EX]STING RESIDENCE 1940 sf PROPOSED GARAGE 480 sf PROPOSED COVERAGE 2,420 sf = 11.4% S ~,AR 1 ? ZOll · LOCATION~ E~HOh[H. ~OARD OF APPEALS ':~ X\ · ... ' ~ .:.:.' , "' ~ NOTE: · ...-. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No, $6105OO164 O ZONE AE: BASE FLOOD FI FVAllONS D~J~IINED ZONE VE: COASTAL FLOOD WFI~I VEI.OCrrf HAZARD (WAVE ACTION); BASE FLOOD ELEVATIONS DETERMINED ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. SCALE: 1" = 30' -0" ZBA SET ~1~1. ~ PROJECT NO:0709 DRAWN BY: RJB CHECKED BY: TCS DATE: 3/10111 SCALE: AS NOTED SHEET TITLE: SITE PLAN FLOOR PLAN ELEVATIONS SHEET NO: 1 OFFICE LOCATION: (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 M~JLING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator 8°a ° / '4PP~,4LS Date April 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. THOMAS FRENZ #6466 SCTM# 1000-104-9-4.2 Request for Variance from Article III Code Section 280-15B and the Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit application for construction of an accessory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-9-4.2 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 determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" and "11" which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The variance requested will not affect a regulated natural feature and the parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED MAR ~ 8 ZO]] BOARD OF A~U,S THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 22, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Monteleone, Frank #6464 Boutis, Christine #6465 Frenz, Thomas #6466 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 03/08/2011 15:47 TO: G3176590E ZONINGBDDFAPPEALS~ FORM NO. 3 NOTICE OF DISAPPROVAL Samuels & Steclmm~, .,M'chitects For: Thomas Frenz 25235 Main Rd. Cutchogue, NY 11935 PAGE 01/01 UAR 1 7 2011 BOARD OF APPEALS DATE: December 9, 2010 Updated: March 8 2011 Please take notice that your application dated December 1,2010: For pelxnit to construct accessory two car aarag~ at: Location of property: 1260 Broadwaters Rd. Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 9 Lot 4...~2 Is returned herewith and disapproved m* the following grounds: The proposed construction of a two car accessory garage on this coufom)ing waterfront lot consistin,, of 44,128.33 sq. fl. in the residential K-40 District is not permitted. Pursuant to Article III, Section 280-15 (B), "accessory bui dings; on lots 40.000 59,999 sq. ft. shall have a minimum side ¥.ard setback of 15 feet and in the case of waterfroot ~rol~erti~ accessory buildi~gs may be located in the front yard, provided they roeet the front yard principal setback..." Surve%shows proposed aarage at 10.1 feet from the side yard. where 15 feet is required. AOthorized Signature Note to Applicant: Any change or deviation to the above referenced application may require f'urther review by the Southold Town Building Department. CC: file, ~'~B.A. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE~Lg 'DO'ARD OF APPEALS House No. 1260 Street Broadwaters Road Hamlet Cutchogue SCTM 1000 Section 104 Block 9~Lot(s} 4.2 Lot Size 44,128.33 sq.ft. (Baildable 21,283 sq.ft.) Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 8, 2011 BASED ON MAP dated 3/10/~ prepared by Samuels & Steelman Applicant(s)/Owner(s): Thomas Frenz Mailing Address: 117 Queens Court, Massapequa Park, NY 11762 Telephone: c/o Pat 765-4330. Fax #: Email: pcmoore l~,optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel (&~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), or X Authorized Representative, or ~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 3/10/10 and DENIED AN APPLICATION DATED 12/1/2010 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IlI, Section 280-15 (B): Type of Appeal. An Appeal is made for: X A Variance to the Zoning~Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal has, Xhas not been made at an,/time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) None Name of Owner: Ciampa ZBA File # MAR 1 7 201] BOARD OF APPEAl n: REASONS FOR APPEAL (additional sheets map be used with preparer's signature): AREA VARIANCE REASONS: ( 1 ) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed garage will be setback from the property line in conformity with the neighboring properties. The property is narrow, being only 60 feet in width, therefore placement of the accessory garage at more than 10 feet from the property line will locate the garage in a prominent location, centered on the property, and distracting from the view to the house. The garage on the adjacent property is at 2.6 feet from the property line. (2) The benefit sought by the applicant CANNOT be achieved by some method feusible for the applicant topursue, other than an area variance, because: A conforming side yard setback for the garage would place the garage at 15 feet from the property line. The garage is not intended to be the predominant structure on the property. At 10 feet from the property line, the proposed garage maintains the residential character of the neighborhood. Circulation into the garage would be hampered by placement of the garage away from the property line. (3) The amount of relief requested is not substantiai because: The setback is notproportioned to the width of the property. The property is narrow along the road and widens as the property reaches the water. The amount of relief is minimum given the width of the property. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No The property was created as a narrow parcel. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent Sworn t before me this dav'~/~(, 2011 NOt{~y'~tl~ ~ ; ! APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas Frenz Date Prepared: March 8, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: garage 20' x 24' Dimensions of new second floor none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 17' 6" Is basement or lowest floor area being constructed no If yes, please provide height (above ground) measured from natural existing grade to first floor: ~OARD OF APPEALS III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: roof of workshop altered- slope of roof changed - no change to footprint IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:. 1940 . Proposed increase of building coverage: 480 sq.ft. Square footage of your lot: on survey 44,128.33 sq.ft. Buildable: 21,283 sq.ft. Percentage of coverage of your lot by building area: 11.4 % V. Purpose of New Construction Requested: construction of new garage VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): gentle slope on Broad Waters Cove Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FIL1NG WITH YOUR Z.B.A. APPLICATION Thomas Frenz 1000-104-9-4.2 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? ~, No [] Yes, please explain on attached sheet. ~ECE~ED ~OARo OF APPEALS 1) Are there areas that contain sand or wetland grasses?~ 2) Are these areas shown on the map submitted with this application? e~L 3) Is the property bull{headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands & landward of the house - no iurisdiction and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel single family dwelling and proposed use dwelllne with garage (examlSles.' exl~'ting: single-family; proposed: same with garage or pool, or other description.) Ahtl~fi'~ed Signature and Date 2/05; 1/07 ~ECETVED 14-16-4 (~/gS)--Text 12 PROJ;CT ~.D..UMeER S~7~0 ~AR ! ? 2011 Appendix C ~OARD OF APPEALS StatE Environmental QuEIIty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~PART I--PROJECT INFORMATION ~o be completed by Applicant or Project sponsor) 4. RRECISE LOCA~ON (Street address and ~oad Intersections. ~tomlnent landmark, etc., ~ ~t~lde mmpi SEQR 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: AMOUNT OF LAND AFFECTEDt. WILL PRO~S~ ~ION ~MPLY ~H ~I~ING ZONING OR OTH~ ~NG ~ND ~E ~ YeS ~No II NO, d~ 9. W~T IS PRESENT LAND USE IN VICINn'Y OF PROJEG'T? <~RezldenlleJ [] Industrial [~] C, ommer~Jal [] Pmt~/Fm'e~UO~n .l~.e [-} 10. DOES Ac'rION INVOLVE A FERMIT APPROVAL OR FUNDINC~ NOW OR ULTIMATELY FROM AN~ OTHER GOVERNMENTAL AGENCY {F~6F~AL, STATE OR LOCAL3?/ [] Yes ~[~ No If yes. fist lOeltal~s) Ine permlt~ab 1 I, OOES ANY ~_PECT OF THE ACTION HAVE A CURRENTLY VAMO PERMIT OR AP/~OVA!.? [] Ye~ ~ No If yes, IIM agency name and permlt/N~proval 12. AS A RESULT.~ PROPOSED ACTION WILL EXI,~TING FERMITIArI'.uVAL ~Q~JIRE MODIFICATION? []Yea I CERTIFY THAT THE INFORMATION FROVIDED ABOVE ia TRUE TO THE SE~T OF MY KNOWLEDGE Signature: ir .~ ~' I If the action Is in the Coastal Area, and you am a state agency, complete the 1 Coastal Assessment Form before proceeding with this assessment I OVER ~ECETVED PART II--EN¥IRONMENTAL ASSESSMENT (To fie completed by Agency, ~AR 1 7 201 B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRIq. PART 61767 If Nc. a negahve cecla, ra,o~ COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Ar~wecs may oe hanclwr~tten, ii ~egimlel D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT gE A CEA? I~ Yes [] NO E. I$ THERE. OR IS THERE LIKELY TO cE. CQNTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAl. IMPACTS? I~ YeS C~ No If Yes. explain Ofletly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. udoan or rural); (b) l~robabillty of occurring; (c) duration; (d) irreversibitity; {e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately acldressed. If- - question D of Part II was checked yes, the determination and significance must evaluate the potsntial, impact of the proposed action . on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse irff[B?cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. r"-] 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 adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Dire APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~ECE~'ED ] 7 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town of~llaRD OF APPEALS 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, middle initial, unless you are applying in the name /3 ~c~(..~ ~'t ac 3 of someone else or other entity, such as a company. If so, indicate the ~ ~ ~ ~5~d,"h ~ ' other person or company name.) Tax Grievance Variance Special Exception If "Other", name the activity: NATURE OF APPL1 CATION: (Check all that apply.) Change of Zone L I Approval orPlat L [ Exemption from Plat or Official Map [ J Other L ] Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or empac owns more than 5% of the shares. YEs l I NO L 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 pemon: 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): I [ [ [ ] A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); I B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ] C) an officer, director, partner, or employee of the applicant; or ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ¢%¢ ~£CEZVED MAR ! 7 20I ~OARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~)t~ ;L ~C ~q 3) Name of Land Owner (if other th0n apl~licant): 4) Address of Land Owner: }~-! 5) Description ofProposed Project: C~M~ c %~ ~ ~ ~?' /~c~c~,.~ ' 6~cation o~Prope~ (road ~d t~ ma~ number): 7) Is the p~cel within ~ agricul~ral dis~ict? ~No ~ Yes If yes, Agficul~al Dist6ct Number 8) Is ~is p~cel actively f~ed'~ ~Yes 9) N~e ~d address of ~y owneffs) of l~d within the agricultural dis~ict confining active oparation(s) locmed 500 feet of ~e bo~daU of the proposed project. (Info~ation may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer m the Town Hall locations by viewing the parcel numbers on the Town of Sou~old Real Prope~ T~x System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbe~-may-b~tained, in advance, when requested from either the Office of the Planning Board 765-19~.0~ t~oard of Appeals a~t 765-1809. Signature of Applicant Date at Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 ~ECE~VED Ao Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS MAR 1 7 20I! BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, 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 construction of new garage SCTM# 1000-104-9-4.2 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X 1 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: [] Type: Town of Southold LWRP Consistency Assessment Form 4~CEZVED BOARD OF APPEAL~ Nature and extent of action: Construction of an accessory garage landward of the dwelling Location of action: Broadwaters Road, Cutcho~ue Site acreage: 44,128.33 sq.ft. Present l~d use: single family home Present zoning classification: r-40 If~ application for the proposed action h~ been filed wi~ the To~ of Southold agency, ~e following info~ation shall be provided: (a) Name of applicant: Thomas Frenz (b) Mailing address: c/o Patrieia C.Moore (c) Telephone number: (631)765-4330 (e/o Pat Moore) (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See £ WRP Section II1 - Policies; Page 2for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Project is located in a fully developed subdivision. The orooosed garage is landward of the existing waterfront house Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See £WRP Section II1 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate) developed subdivision- not applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWRP Consistency Assessment Form Discussion (if appropriate)- not applicable NATURAL COAST POLICIES "~OARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): not applicable Policy S. Protect and improve water quality and supply in the Town of Southold. See L WRP Section 111 - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate); no impact on water quality- residential use Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section 1II - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not applicable Policy 7. Protect and improve air quality in the Town of Southold See L WRP Section II1 - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II! -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 ~ECE~VED Yes [] No [] Not Applicable X ~-OARD OFApPEAL~ Discussion (i£appropriatc): not chanhge to public access along mean high water ~ ~ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Private residential use Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Garage is landward of house Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section llI- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no agriculture is conducted on the land Policy 13. Promote appropriate use and development of energy and mineral resources. See £ WRP Section 1II- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Toxvn of Southold LWRP Consistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 17, 2011 MAR 1 7 2Oil BOARD OF AP~F~Ls Zoning Board of Appeals Town of Southold hand delivered RE: THOMAS FRENZ PREMISES: 1260 BROADWATERS ROAD, CUTCHOGUE SCTM: 1000-104-9-4.2 Dear Chairman & Board members: Enclosed please find nine (9) sets of the following: 1. Notice of Disapproval last dated March 8, 2011 2. Application together with client's authorization 3. Project description, questionnaire form 4. Transactional disclosure 5. Site plan with survey 6. Agricultural data statement 7. Town property card 8. LWRP form 9. EAF 10. My clients check representing your filing fee is also attached. Please note that photos of the staking of the proposed garage will follow under separate cover prior to the Board's inspection. Please place this matter on your next available calendar. Thank you for your continued courtesies. Ve'~truly yours, iaC. M PCM/bp encls. 201! ~OARD OF APPEAI..~ Thomas & Patricia Frenz 117 Queens Court Massapequa NY 11762 March 10, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Thomas & Patricia Frenz authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Suffolk County Department of Health Services and any other necessary agencies on our behalf regarding properties located at 1260 Broadwaters Road, Cuthochogue (sctm: 1000-104-9-4.2) PATRICIA FRENZ ) ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET / "~ ~ ~-.) VILLAGE DIST. SUB. ~ER OWNER N E AC~ J /./6 ~. K~I~: s w ~,E OF BU,L~,N~ ~' ~ ~ 0~' S~S. VL.~ FARM CO~. CB. MI~. Mkt. Value ~D IMP. TOTAL DATE R~RKS Till~l, FRONTAGE ON WATER /~/. ~/ W~nd FRONTAGE ON ROAD ~ ~. ~ ~ /. ~. DEPTH ~C) m V, Hm PI~ BULKH~D Total M. Bldg. Extension Extension Extension Porch Deck Garage 104-9.,4.2 4/01 2o~1r7---- 3~0 ~.~o 57.5-0 _C-10 Foundation Basement Ext. Walls Fire Place Poo I Patio Driveway Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor 2.. ~ ~Jw~ yl~ ~U IHIJLD BUILDING DEPARTMENT TOWN HA1 ,L SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north for k.net/Soathold/ Examined ,20 Appmved ,20 Disapproved a..c ~}~_D Exptration ,20 iPERMIT Nt DEC - 1 2010 It..~, 13 sets ofl3uildulg Plans PT t3tll'V t'~ tn~LDG. DE, · ' F ' ........ ~r ~blHOtD ~heck Septic Form N Y.SD.E.C. Truslees Contact: Mail to: Building Inspector' APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in i~ and submitted to the Building Inspector with 3 sets ofplans, 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 o~ areas, and waterways. c. The work covered by this application may nol be commenced before issuance of' Building Permit. d. Upon approval of'this application, the Building Inspector will isst~e a Building Permil to the applicant. Such a permit shall be kept on the premises available for inspectiou throughout the work. e. No building shall be occupied or used in whole or m part t'n~ any pm?ose wha so ever until the Building Inspector ~ssucs a Ce~q. ificate of Occupancy. f. Every building per,nit shall expire if the work authorized has not con=heated within ] 2 mol~ths after the date of issuance or has not been completed within 18 months fi'om such date. If no zoning amendments o~ uther regulations affecting thc properly have bee ~ e meted in the interim, the Building Inspector may authorize, in writing, thc cxtonsion of the pemm fbi an addhion six months. Thereaftek a new gormit shall be required APPLICATION IS I:IER~BY MADE to the Building Department for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code. and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signafure o f ~p~icr~"/~t or name. ifa c~rporation) (Mailing address of applicant) u State whether applicant is owner, lessee, agem, architect, engineer, general contractor, electrician, plumber or builder Name of owner ofprem,ses ,~,r7."2 ~ ,)O~-_ ~'-~'7~_ (As on the tax roll oral'test deed) If applicant is a corporation, signature of duly authorized bfficer (Name and title of corporate officer) Builders License No. Plmnbers License No. Electricians License No. Other Trade's License No. Location of'lm~d on which proposed work will be done: House Number Street Hamlet C'ouuty Tax Map No. 1000 Section /0/-~ Subdivision Filed Ma , .:? ' Lot State existing use and occupancy of Premises a~d ~tend.,d use and occupancy of proposed construction: at Existing use and occupancy. b. lntended use and occupancy Nature oFwork (check which applicable): New Bnilding _~ ..... Addition __ . Alterauon Repair Removal~ Demolition ......... Other Work ...................... (Description) (To bc paid on filing this application) Number oFdwelling units on each floor. _..~_ Estimated Cost '~ dtvelling, number of dwelling units garage, number of cars IFbusiness, con]me 'cial o' mixed occupancy, specif~v nature and extent of each type of usc. ____'--_ Dimensions of existing structm'es, if any: Front '¢7to'~/ Rear /-/'~/ IDepth Height o?,..~ / Number of Stories Dimensions of same structure with alterations or additions: Front ~ Rear Depth -~ Height. - Number of Stories -- .. , 070 Dimensions oFentire new' construction: front ¢,7/'zL Rear ¢'24z'/ Depth Height t Cfg// Number of Stories ..... 9_ / Rea'~''3q/ De)th ~/~' ~ ~ Size ol'lot: Front ~ ,~ 0. . .. 'p..h .... Named, Fo n~O~x .... I Zone or use district in which premises are situated ~ - ~O 2. Does proposed construction violate any zoning law, ordinance or regulatton, YES ~ NO 3. Will lot bc re-graded? YES NO ¢ Will excess, till be removed lkom premises? YES ~ NO Add ess n/~Jl~¢. P ,one No 4. Names o¢ Owner of premises. ~ . . ' :. _~r.~ ........ } ......... Name of'Architect ~~~Add,'ess__~'~ ?hon: Name of'Contractor ~~/ Address ~0~ Phone ,,o :5 a. ls this properly within 100 feet cfa tidal wetland or a Freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this propetly within 300 feet cfa tidal wetland? * YES NO 1,/ * ~ v~: ~: '~ REQUIRED. 1, , ~S. D.E.C. P~RiVlITS MAY BE NO Provide survey, to scale, with accurate foundation plan and distances to property lines. 1 7. I [' elevation at any point on property is at l 0 feet or below, must provide topographical data on survey. ~TATE OF NEW YORK) SS: _'t)UNTY OF ) '-~,0/4.0~., ¢ {/?. ,=-~W.~::~ being duly sworn, deposes and says that (s,he is the applicant (Name of individual signing contract) abpve named, S)[le ,s the ~'~ (Co ~[I'[lCTM, Xf, lnt ('Ocnfq','ut[3 ()~'2fiCeF. etC.) aha. , t,c and Ilk, · c. · . ..... aud is dul'¢ authorized to perforn~ or have pertbrmed the said work ~' rd -- '" this applicanoa: hat all statements contained in this application are true to the best of his knowledge and belief: alld thai the work will be -,ertbrmed in the manner set fo~Xh in the application filed therewith. fworn to before me'this~' ~ -- ~lic BOItNIE J. DOROSh"l ~ ,0ta~ ?u~lic, StateOl N0.01906095328, Suffolk Coun~ Term Expires July 7, 20 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 18, 2011 Zoning Appeal No. 6466 Transmitted herewith is Zoning Appeals No. 6466 of Patricia C Moore for Thomas Frenz - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated March 17.2011, Authorization Letter from Thomas & Patricia Frenz to Patdcia Moore to Represent them in this Matter, Notice of Disapproval from Building Department Updated March 8, 2011, Copy of Property Record Card (Both Sides), Plans Showing Site Data, Floor Plans and Elevations Dated March 10, 2011 Prepared by Samuels & Steelman Architects. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/18/11 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 99239 Reference Subtotal 6466 $500.00 Check#: 104 Total Paid: $500.00 Name: Frenz, Thomas R 117 Queens Court Massapequa Park, NY 11762 Clerk ID: CAROLH Internal ID: 6466 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.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, MAY 5, 2011 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, MAY 5~ 2011: 11:10 AM - THOMAS FRENZ #6466 - Request for Variance from Article III Code Section 280-16B and the Building Inspector's February 4, 201t Notice of Disapproval based on a building permit application for construction of an accessory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM#1000-t 04-9-4.2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold. ny. us. Dated: April 8, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 10207 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 21st day of April, 2011. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY S, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Soutbold, New York 11971-0959, on THURSDAY MAY 5./,0Il: ~0.'00 AM - BROSTAR. LLC g6463 - Weis is a request under Section 280- 146D for an Interpretation of the Town Code, Article XXIII, Section 280-121, "Non-Conforming uses", appealing the Building Inspector's February 1, 2011 Notice of Disapproval for a permit for operation of a convenience store/service center/gas station in pre-existing g~s sta- tion/service station, at: 330 Main Street and Champlin Place Greenport, NY. SCTMgI000-34-3-22. 10'.30 AM - DOUGLAS and ELLEN CIAMPA ~4467 - Request for Variance from Art. XXI[i Code Section 280-116 and the Building Inspector's March 1, 2011 Notice of Disapproval based on an application for building permit to demolish existing dwelling and construc- tion of a single family dwelling at; 1 ) less than the co~e required setback of 75 feet from a bulkhead, at: 4380 Paradise Point Rd., (adj. to Shelter Island Sound) Southold, NY. SCFMgl0004~1-34. 19 v'.'.'.'~ AM -DAVID J. VERITY g6470 - Request for Variance under Article IV Section 280-18 and the Building Inspec- tor's March 23, 201I Notice of Disap- proval based on an application for build- ing permit for a subdivision, at: proposed Lot 1; 1) less than the code requlxed minimum lot size of 40,000 sq. ft., 2) less than the code required width of 150 lin- ear ft., 3) side yard setback at less than the code required 15 feet, proposed Lot 2; 1) at less than the code required mini- mum lot size of 40,000 sq. B..2) less than the code required width of 150 linear ft., at; 865 Nokomis Rd. (Hiawatha's Path), Southold, NY. SCTM#10~0-78-3-26. 11:10 AM - THOMAS FRENZ g6466 - Request for Variance from Article Ill Code Section 280-15B and the Building Inspector's ~bru~ry 4, .20!.l..Notice of 1__ week(s), successively, commencing on the 'his .~ day of application for construction of an acces sory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutehogue, NY. SCTM#10004 04-9-4.2 11..30 AM - BARRY and CAROL SWEENEY g6462 - Request for Vari- ance from Article XXIII Code Section 280-124 and the Building Inspector's February 22,2011 Notice of Disapproval based on an application for a building permit to construct additions and altera tions, including raising the dwelling for FEMA compliance, to a single family dwelling at 1) rear yard setback of less than the code required 35 feet, 2) lot coverage of more than the code required 20%, at; 2395/ackson Street and Second Street New Suffolk, NY. SCTM#1000- from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an appli- cation for building permit existing deck addition at; less than the code required minimum side yard sethaek of 10 feet, at: 1020 Ruch Lane (adj. to Arsharaomaque Pond) Soutbold, NY. SCTM#1000-52-2- 33.1 12.~0 PM. PAUL and LINDA WOI,- FROM W~168 - Request for Varlan6e from .tat. XXIII, Code Section 280-124 and the Building Inspector's March l, 2011 Notice of Disapproval based on an application for building permit for reconstruction of existing single fam- ily dwelling at; 1) less than the code required front yard setback of 35 feet, at: 1650 Fleetwood Rd., (Betts St.) Cu tchogue, NY. SCTM#1~00-137-5-13. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Heating March 3,2011: l:00 PM - GEORGE and RUBY GAFFGA ~6438 Principal Clerk 2011. CHRISTINA VOLINSKI ',tOTARY pOBLIC-$~'ATE OF NEW YORK NO~ o1.V06105050 Qualified ir~ SuffOlk Gount¥ Regular Hearing Continued: 1'30 PM - MARY BETH HENSON #6461 - Request for Variances from Art. XXII Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280- 15F and the Building Inspector's Dec. 9, 2010, Updated February 25, 2011 Notice of Disapproval ba~ed on an applica- tion for building permit to construct al- terations/additions, accessory in-ground swimraing pool and decks at; 1 ) less than 100 foot setback from top of bluff for alt/add, 2) less than the minimum code required side yard setback of 15 feet, 3) less than the code required combined side yards of 35 feet, 4) Accessory struc- tures proposed location other than the code required front yard on water front property at: 3300 Sound Drive (Adj. to Long Island Sound) Greepport, NY SCTM#1000-33-14 2:00 PM - FRANK and BOSEMAItn 1~,1~- Request fo Variance from Code Article XXII Sec tion 280-116B and the Building Inspec tor's July 13, 2010, Updated Februav 25, 2011 Notice of Disapproval base~ on an application for building permit fo as built additions and alterations at: 1 two decks at less than the code requirec setback nf 75 feet from a bulkhead, 1o cared at: 850 Blue Marlin Drive (adj to Shelter Island Sound) Southold, NY SCTM#1000-57-1-30. The Board of Appeals will hear all persons or their representative~, d~sir- lng to be heard at each heating, aed/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Fries 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 (63i) 765-1809, or by email: Dated: April 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Seuthold, 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: FRENZ, THOMAS # 6466 SCTM #'. 1000-104-9-4.2 VARIANCE: SIDE YARD SETBACK REQUEST: ACCESSORY TWO CAR GARAGE DATE: THURS., MAY 5, 2011 11:10AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of THOMAS FRENZ (Name of Applicant) SCTM Parcel #1000-104-9-4.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, MARGARET RUTKOWSKI, residing at Mattituck, New York, being duly sworn, depose and say that: On the/~/day of April, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Sigr{atur~ " MARGARET RUTKOWSKI Sworn to._befor_~ me this/~"' da~,~ _ "~Notary Public) PATRICIA C. MOORE Notary Public, State of New York Suffolk CounW - No. 4861668 Commission Expires June .I .6, PLEASE list, on the back o~ tins Am(3aw[ or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 ~.. Signature: /¢E]Ad_dressee or EJAl~,ent) I. Received By (Pteas~ Pr/Of Cle~_arly) Date of Delivery MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: ([3Addressee or [3~gent) MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 9006 t. Article Addressed To: KELLER, THOMAS TRUST 101 DARTMOUTH STREET WILLISTON PARK NY 11596 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED J2, Article Number 7192 6463 3110 0000 9020 7192 6463 3110 0000 9020 Article Addressed To; TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 7192 6463 3110 0000 9013 Article Addressed To: KEITH W. & ELLEN M. HUGHES 39 FURROW LANE LEVITTOWN NY 11756 m FRENZ NEIGHBOR IST SCTM: 1000-104-9-4.2 RE: FRENZ ZBA 7192 6463 3110 0000 8993 Thomas M. Dowllng 20 Bulson Rd Rockville Ctr NY 11570 scan: 1000-104-9-3 RE: FRENZ ZBA 7192 6463 3110 0000 9013 Keith W. & Ellen M. Hughes 39 Furrow Lane Levittown NY 11756 sctm: 1000-104-11-8.1 Keller, Thomas Trust 101 Dartmouth Street Williston Park NY 11596 sctm: 1000-104-9-4.1 RE: FRENZ ZBA 7192 6463 3110 0000 9006 Town ofSouthold PO Box 1179 SoutholdNY 11971 sctm: 1000-104-10-12 RE: FRENZ ZBA 7192 6463 3110 0000 9020 RECEIPT FROM: RECEIPT 7192 6463 3110 00o0 90g6 FROM: RECEIPT 7192 6463 3110 0000 9013 FROM: Moore Law Office RE: FRENZ ZBA RECEIPT FROM: SEND TO: Thomas M. 20 BulSon Rd SEND TO: Ketler, Thomas Trust 101 Da~mouth Street TOTAL ' $ 5.~4 / POSTMARK O~ DATE/ SEND TO: Keith W & Ellen M Hughes 39 Furrow Lane Leviffown N Post~ge - ~% ~4~4~ SEND TO: Poa~e ~ o 4 TOTAL $ 5.54 POSTMARK OR DATE ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of THOMAS FRENZ AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-104-9-4.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, residing at 370 Terry Lane, Southold, New York being duly sworn, depose and say that: /J~. On the~,,~ day of April, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be THURSDAY, May 5, 2011. Sworn to before me this ~/' day of May, 2011 BETSY A. PERKINS Nota,'y Public, State of NewYolk No. 01PE6130636 Qualified in Suffolk Cour~..,/N Commission Expires July 18, ~..~..~'--~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, May 5, 2011 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 Apri118th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 25th: Please either mail or deliver to our office your Affidavit of Mail nfl (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 27st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posfin.q for receipt by our office before May 3, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. 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 March 17, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 gAB 1 7 2011 Re: ZBA File Ref. No. # 6466 FRENZ, Thomas 1000-104.-9-4.2 Dear Mark: We have received an application for construction of an accessory two car garage. 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. Very truly yours, Leslie~ ChaiSe By: . Weisman 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 March 17, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6466 Owner/Applicant · FRENZ, Thomas Action Requested: Construct accessory two car garage, side yard setback 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, Ends. Leslie/~, ZBA/~¢~ By: Weisman /~ n BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. GoehrinlCer 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.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOIJTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May l9,201l Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6466 - Frenz Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 18, 2011 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. Sincerelf~ ' ~ Vicki Toth Cc: Building Dept. i o~f- ~l IO't- i0~t_1 BROAI~tATER5 COVE TOWN OF SOUTHOLO HAYWATER COVE 3 NOTICE COUNTY OF SUFFOLK (D J~l ~'~ Real Property Tox Service Agency j, ,~,:!