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Home My WebLink About6511 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R 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 SOUTI-IOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 RECEIVED 2 8 2011 FINDINGS, DELIBERATIONS AND DETERM[INATION MEETING OF NOVEMBER 17, 2011 ~~.~ Southold Town Clerk ZBA FILE: 6511 NAME OF APPLICANT: Joan Berglund SCTM: 1000-18-3-14 PROPERTYLOCATION: 75 Edwards Lane (aka 25605Main Rd.), Orient, 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 Il 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 September 14, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION.' The Applicant's property is a 71,954 sq. ft. parcel in the R-80 Zone. The northerly lot line measures 348.29 feet. The Easterly lot line measures 222 feet. The southerly lot line measures 300 feet along Main Road, and the westerly lot line measures 227.69 feet. The property is improved with a single family dwelling and several accessory structures, numbered 1-5, as shown on the site survey drawn by Stanley J. Isaksen, Licensed Land Surveyor, dated July 12, 2007. BASIS OF APPLICATION: Request for Variance from Article III, Code Section 280-13C and 280-15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concerning "as built" art studio; 1) "as built" construction of an art studio is not a permitted use, 2) less than the code required rear yard setback of 20 feet. RELIEF REQUESTED: The Applicant proposes to construct a family "Artist Workshop", and not a commercial "Art Studio" as it is referred to in the Town Building Department's Notice of Disapproval dated June 20, 2011. The proposed workshop is to be located within the pre-existing, non-conforming accessory structure identified as accessory structure #2 on the site survey submitted. The Applicant also requests a variance for the "as built" construction of a 2''~ floor window dormer in the accessory structure, labeled wooden structure w/utilities, with a nonconforming rear yard setback of 7 feet, when a 20 foot setback is required by Town Code. ADDITIONAL INFORMATION: The Applicant applied to the Town Building Dept. for a permit to construct an "Artist Workshop" with an "as built" dormer window, located within pre-existing, nonconforming accessory, labeled wooden structure w/utilities. The permit was denied, with the Notice of Disapproval stating that the "as built" construction of an "Art Studio" is not a permitted use; and further, in reference to the "as built" dormer window, it is located in a nonconforming area at less than the code required rear yard setback of 20 feet. Page 2 of 4 - November 17, 2011 ZBA File#6511 - Berglund CTM: 1000-18-3-14 The Applicant testified at the public hearing that the family artists whose paintings will be created in the workshop have a commercial gallery/studio in Greenport where the paintings will be displayed for sale. The Applicant testified that the home workshop will be used only for the creation of paintings and art objects, and that there will be no sales or exhibitions conducted at the artist workshop or anywhere on the Applicant's residential property. As an outcome of ZBA Decision 6424, dated Nov. 16, 2010, and in the absence of such definitions within the text of Town Zoning code, The Board defined an 'Artist Studio' "as the physical location for creating artwork, and a location for the public and/or private viewing and/or sales of same created artwork". The Board also defined an 'Artist Workshop' "as a physical location for creating artwork, and expressly prohibits the public and/or private viewing or sales of same created artwork". It is noted that this same accessory structure will also contain a separate accessory apartment on the Ist floor, pending the grant of Zoning Board approval of Berglund Appeal 6479. A letter of support was received from a neighbor. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of alternative relief to construct an "Artist Workshop" in a residential Zone will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The workshop will be contained within a pre-existing, nonconforming accessory structure located in the rear yard. An "Artist workshop" is a customary use of an accessory structure, as it is relates to a home occupation in a residential zone, and similar to some other types of home workshops, can be permitted by Town Zoning Code. Grant of the variance for the "as built" second floor dormer window will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing non-conforming rear yard setback was established when the structure was built prior to Zoning Code. The window is screened from the view of the adjacent neighbor by a well-established vegetated hedgerow of various types of woody plants and shrubs. 2. Town Law §267-b(3)(b)(2). The benefit sought by the Applicant for construction of an "Artist Workshop" in a pre-existing, nonconforming accessory structure can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant could seek to amend the Notice of Disapproval to change the wording from "accessory Artist Studio" to state "accessory Artist Workshop". The benefit sought by the applicant for the "as built" dormer window cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The window was built into a pre-existing structure with a nonconforming rear yard setback, and it cannot be relocated to a conforming location on the structure, yet still provide the same degree of natural lighting for the "Artist Workshop". 3. Town Law §267-b(3)(b)(3). The variance granted herein for an "Artist Workshop" is not substantial to the extent that it may be construed to be a permitted use allowed by Town Code within a residential Zone, whereas an "Artist Studio" is not a permitted use within a residential Zone. The variance granted herein for a seven feet rear yard setback is not substantial, considering that it only for an "as built" window installed in a pre-existing structure with an established nonconforming rear yard setback. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance for an "Artist Workshop" in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There will be no commercial signs erected which indicate the presence of an "Artist Workshop" on this property. No evidence has been submitted to suggest that a variance for a nonconforming seven Page 3 of 4- November 17, 2011 ZBA File#6511 - Berglund CTM: 1000-18-3-14 foot rear yard setback for a 2nd floor dormer window built in a pre-existing accessory building in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There will be no degradation produced to any property within this residential zone by the installation of a dormer window. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the Applicant should have been aware of Town Zoning Code when applying for a permit to construct an "Artist Workshop", and also aware of the need to secure a valid building permit before constructing the "as built" dormer. 6. Town Law §267-b. Grant of alternative relief, for construction of an "Artist Workshop" in an accessory structure is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a workshop, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Grant of the requested relief for a seven foot rear yard setback for an "as built" window is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a window, 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 GRANI~, the variance as applied for, for a seven feet rear yard setback on the accessory structure, labeled wooden structure w/utilities, shown on the site survey drawn by Stanley J. Isaksen, Jr., dated July 12, 2011. DENY, as applied for, and noted on the Building Dept. June 20, 20I 1 Notice of Disapproval "Artist Studio", and GRANT ALTERNATIVE RELIEF, as noted below: For construction of an "Artist Workshop" in the accessory structure, labeled wooden structure w/utilities, in a residential Zone, and shown on the site survey drawn by Stanley J. Isaksen, Jr., dated July 12, 201 l. Subject to the following conditions; Conditions: 1. Public viewing of artwork is prohibited. 2. There shall be no commercial or private sales of artwork from the accessory structure. 3. An "Artist Studio" is not permitted in the accessory structure, or anywhere on this residential property. 4. A second accessory apartment, cooking, or sleeping is not permitted in the "Artist Workshop". 5. No part of the artist workshop may be rented to or otherwise occupied by anyone other than the applicant's family members. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final architectural drawing, conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial 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. Thc 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. Page 4 of 4 November 17,2011 ZBA File#6511 - Berg[und Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horning) This Resolution was duly adopted (4-O). Leslie Kanes Weisman, Chairperson Approved for filing // //~'/2011 .! ~ ~ ~_ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING September 14, 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 Slade, Michael & Corrine (c/o Nancy Steelman Berglund, Joan (c/o Patricia Moore) Treanor, Patrick Terrell, Barbara & Dennis Municipal File Numbers 6510 6511 6512 6513 Very truly yours, TRK:ds Sarah Lansdale 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 ' I T/OM ! I L · 'INAL MAP =rEVIEWED BY ZBA SEE DECISION # ~ )ATED /~ I/~ I. RECEIVED ~ SEP ? ZO]¢'"~// BOARD OF APPEALS ACCESSORY APARTMENT DAW: 3-1-11 BERGLUND RESIDENCE 25805 MAIN ROAD EAST MARION NY CHORNO ASSOCIATES N 65'41'40"£ 548.29' 367' 1 300.00' DESCRIBED F:ROPERTY ORIENT, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: JOAN CERGLUND EM# looo-o 1~-os-ol 4 SURVEYED: 12 dULY 2007 SCALE 1"= 40' AREA = 71,954 S.F. OR 1.651 ACRES SURVEYED BY STANLEY d. ISAKSEN, dR P O. BQX 294 NEw SUEFOLK. N.Y. ~9~ 06-21-11;13:06 ; 7654643 : # 1/ 1 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 20, 2011 TO: Patri¢ia Moore for Joan Berglund 51020 Main Road Southold, NY 11971 Please take notice that your application dated June 3, 2011 For permit for an '_'as built" art studio at RECEIVED SEPT 20~1~} BOARD OF APPEALS Location of property 25605 Main Road, Orient, NY County Tax Map No. ! 000 - Section 18 Block_3 Lot 1.~_4 Is returned herewith and disapproved on the following grounds: Thc "as built" constmetion of an accessory art ~tudio is not permitted pm'su~t t9 Article III, Section 280-13C. An art studio is not .a_.permitt~ use. Also the construction, i_js not ocnnitted pursuant to Article Ill, 280-15, which requires a rem' yard setback of 20'. The "as built" 2''d floor construction measures at>proximately 7' _fi-om thc rear b_It line. Patncia Conklin, Por~fit Examiner RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPE3I,~ House No. 25605 Street Main Road (c/o 75 Edwards Lane)Hamlet Orient SCTM 1000 Section 1~8 Block 3~Lot(s) 14__Lot Size 71,954 sq.ft. Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 20, 2011 BASED ON MAP July 12, 2007 Applicant(s)/Owner(s): Joan Berglund Mailing Address: c/o Patricia Moore 51020 Main Road~ Southold NY 11971 Telephone: c/o Pat Moore 765-4330 Fax#:765-4643 Email: pc moore 1 (&~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 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 SURVEY/SITE PLAN DATED July 12, 2007 and DENIED AN APPLICATION DATED June 3, 2011 FOR: X Building Permit (artist workshop) ~ Certificate of Occupancy ~ Pre-Certificate of Occupancy ~ Change of Use ~ Permit for As-Built Construction ~Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) "As built" artist workshop- (family use only) Article Ill, Section 280-13C Article Itl, 280-15 second floor construction (roof modification to existing structure) measures 7' from rear lot line " RECEIVED SEP 7 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-Se~)of~)-~Y APPEALS y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal, X has (accessory apartment application pending), has not been made at any time with respect to this property, UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Joan Berglund ZBA File # REASONS FOR APPEAL (additional sheets may 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 existing barn contains an artist workshop (non-habitable portion), unfinished storage area and pre- existing seasonal cottage (pre-co). Applicant has a pending application to convert the pre-existing seasonal cottage to an "accessory apartment". The barn was renovated and the interior non-habitable space is an artist workshop used exclusively by the family. The Berglund family members are professional artist with a gallery in Greenport. The workshop is their exclusive workshop for the artist to paint. The public has no access to this work shop area, it is used exclusively by the family. The existing two story barn was remodeled, the interior space was made into artist workshop. The roof was replaced and the roof pitch in the back of the barn was changed to make space for windows for natural light to the artist workshop. When the barn was renovated the windows were replaced and roof pitch changed for the windows. The existing setbacks of the barn remained the same. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing barn was constructed originally for the adjacent farm. The property was splitoff from the farm years ago. The barn contains a pre-existing cottage (east side of barn), a room on the first floor room of the barn and second floor of the barn was converted to an artist workshop. The artist workshop is accessory to the residence. The family lives in the home and the accessory cottage, the family are professional artist with gallery space in Greenport and art work shown in Manhattan galleries. The artists in the family are Amy Worth, Alice Dennison, Kate Ledogar and Joan Berglund (owner and daughters) and son, Jim Ledogard. They are all professional artist who need a work area. No one sells from the property, they all show in galleries. Amy Worth (artist) and her husband, Thomas Payne, are the owners of the Greenport Gallery. They will live in the accessory apartment. Joan Berglund lives in the main house. The daughters and son use the work shop space when they visit their mother. The artist workshop provides a quiet, clean and bright space for the artists. The existing barn was renovated, the second floor was renovated for the artist studio which required the roof pitch to be changed in order to replaces the windows. However, the existing nonconforming setbacks of the barn were maintained. The Windows run along back of existing barn to provide the natural light needed in an artist workshop. (3) The amount of relief requested is not substantial because: The artist workshop occurs inside an existing barn. A beautiful pre-existing barn, built years ago when the surrounding land was farmed, is preserved and re-used by the family. The artist workshop provides a private work area for the family of artist to paint. The setbacks were maintained and existing structure renovated. The roof pitch was modified to make room for the windows. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The lot is not on the water and has no environmental restraints. The road is a scenic byway because the pre-existing barns are preserved. The artist workshop provides a use for the barns without changing the agricultural look of the building. The windows in the back of the barn on the second floor were changed to provide the light for the artist workshop and to keep the architecture of the barn the same. (5) Has the alleged difficulty been self-created? ( X )Yes, or ( )No The artist workshop is inside the existing barn. An artist workshop does not provide for retail use, it is only used as a work area. Work should have been undertaken with a building permit. The roof needed to be replaced and the builder should have obtained a building permit prior to the start of construction. Are there Covenants and Restrictions concerning this land: X No. Yes_(please furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this f Appellant or Authorized Agent {Agent must submit written Authorization from Owner) I~ ~c, ~ate of New Yo~ No. 01PE6130636 Ouelified in Suffolk Coun~ A . ~ O~nmlssion Expires July 18,.4~/'-~ SEP 7 BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Joan Berglund Date Prepared: June 21, 2011 RECEIVED I. For Demolition of Existing Building Areas BOARD OF APPEALS Please describe areas being removed: roof replaced and dormer added over second floor artist studio for windows II. New Construction Areas (New Dwelling or New Additions/Extensions): new roof to second floor of barn with windows added, roof pitch chanced Dimensions of first floor extension: interior only Dimensions of new second floor: interior space renovated, roof pitch changedand new windows added for artist workshop Dimensions of floor above second level: none Height (from finished ground to top ofridge): E¥~r~& c9,oe~ '2gg ' ~a.q-q~vwc>ro~.*~ 2o' same- roof pitch changed to portion of roof for windows to artist workshop fzoo~ e ,~-c ~ Is basement or lowest floor area being constmcted_n/a If yes, please provide height (above ground) measured from natural existing grade to first floor: 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: two story barn with storage and seasonal cottage (pre-co) Number of Floors and Changes WITH Alterations: workshop area on first and second floor - renovation of existin~ barn- no chance to foot print, roof replaced and pitch changed for windows in artist workshop. Application for accessory apartment (pre-existin~, cottaee) pending. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~ 6,687 sq.ft. Proposed increase of building coverage: none Square footage of your lot:__71,954sq.fi. Percentage of coverage of your lot by building area: 10.8 % V. Purpose of New Construction Requested: renovation of existing barn and artist workshop VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): lar~,e parcel with several pre-existim, nonconforming accessory structures 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 QUESTIONNAIRE ~' FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? __Yes X No Are there any proposals to change or alter land contours? ~>~ No Yes please explain on attached sheet. I SEP 7 2011 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? build/ing between the wetlands area and the upland area?3 ') Is the pr°pertyl'j~k headed 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? M[A Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~o~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?. ~ ~ 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? ~/~'3 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ~--o~o-w.c~ 5~,¥t~t to/o ~v,~&~ ~ 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 othe0 ~or~' d s gn'~ttu~nd-~/~ Date Please list present use or operations conducted at this parcel and the proposed use O~-~t- ',,0e~ g-~oro ~g ~o4~r~ ~ · (ex: extst.mg single family, proposed~ same wflh $17.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM =ART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: '71~' ~-~Lt~v~$ ~C~i~-E-t Municipality ~>C~,_.-[-~rtc~ ~c[ For UNLISTED ACTIONS Only ~- ~-: cou.~ 4. PRECISE LOCATION (Stree{ address and road intersections, prominent landmarks, etc., o~ provide map) 5. PROPOSED ACTION IS: [] New [] Expans~3n {~ Modificatio~aiteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially / ~ ~ acres Ultimately /, ~' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] ¥.. [] No , No. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? DescnC~:Residendal [] Industrial [] Commercial [] Agdcuiture [] ParkJFo~est/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] yes ~ No If yes, list agency(s) name and permitJapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGEs- Signature: If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with is assessment OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 yes, coerdlcate the review process and use the FULL EAF. [] Yes No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negath~ declaration may be superseded by another Involved agency. DYes •No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Aoswers may be handwritten, If isglbie) C1. F.x~ting air quality, ~4'faca ~- groundwater qualtty er quantity, noise isvets, existing traffic paIfem, ~1 waste prnduotion er dispe~si, potential fo(- ~<Mq, drsirtage er flooding prob~etca? Ex.in bdefly: C2. Aesthetic, agdoutiurai, archaesk)gical, listode, er other natural er cu;tural resources; er o~mmunity or nelgh~ character? F-xp~in briefly: Vegetat~q or fauna, fish, shell6sh o~ wltdlife species, significant habitats, er thrselened er endangered species? Explain b~iefly: C4. A community's existing I~mns o~ goals es o~clatly adopled, o,- · change in use ~r intensity ~' use e( land o~ ~4he~ natural resources? Explain b~: C5. Grow{h, subsequent development, er related aclivlties likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, curnutative, er other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No 11Yes, explain bhetly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART lit - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substan§al, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographicscope; and(f)magnitude. IfnecessarY, add attachments orreferencesupportJng materials. Ensurethat explanafionscontainsufflcient detai( to show that all rerevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box If you have identified one er more potentisily large or significant adverse Impacts which MAY occur. Then proceed directh/to the FULL EAr and/er prepare a positive declaration. [] Check. this bo)! If )!ou have determine.cl., based on. the Informatien ar~. armlysis above and any supporting docursenlagon, thet the proposed action WiLL NO, result m,'l any s~gnlrmant adverse environmental Impacts AND prov)de, on altachments as necessary, the reasons supporling this determination. Name of Lead Agency Print o~ Type Name of Responsible Off-met lo Lead Agency Signature of Responsible ot~icer in Lead Agency Date T;tle of Res~x)nsibie OfF. er Signature of Preparer (if differenl from responsible o)f~cer) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-18{)2 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved 20__ Disapproved edt ~e) l ~l( [ 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 Contact: ~ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,2o)1 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval &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. fi Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ail ap, plic, abl,e, laws. ordinances, building code, housing code and regulations, and to admit a~thorized i~~lect-'2r~vn ~r'"r~ci"'~/;~'[~i~'~Oll ''] for necessary inspections. ~ - ~*~-nature &applicant or name, ifa corporation) LJ~I JUN - 3 2 I WL..~.J BLDG DEPT (Mailing address of applicant) TOWN OF SOOfHOLD State wheth~ [ alapllvmd, is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name orowner orpremises'~. ~(xd~c¢ ~k:~¢--6(...~ ~O/3 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work_will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Hamlet Block ,-~ Filed Map No. State existing use and occupancy of pY. el;nises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~) ~..,,u\-~'~ ~9£~&.q-~.X)~o~ ~.',:~O/uA'~ COTSePr6c' b. Intended use and occupancy J~,3 ~2q:~l[h , ~t~-k~7 ~...~-~ ~¥~t.~ '~.3FStV ~'17- Nature of work (check which applicable): New Building Repair Removal Demolition Addition Alteration Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (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 ~' 2x.9~t Rear Height ~ ~ Number of Stories .2.._ Dimensions of same structure with alterations o d s: rent Depth Height / 8, Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front '~..~ o/ Rear Number of Stories .Depth .Depth Rear Depth ! 0. Date of Purchase Name of Former Owner I 1. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES NO ~7~ Will excess fill be removed from premises? YES__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ 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 elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF,~¢ ) r~./:)f~t C t ~ f ~/C._¥~. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signi~ng contract) above named, (S)Heisthe ~_,~'4-~/ l~'{~/]ent.~Cr rat [ (Contractor, Agent, CbrI~o e Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Signature of Applicant f RECE[VED,dld~,~iI A[GI~CULTURALDATAST~TEMENT SEP 7 zo~ ~o~ og ~P~ ~o~ BOARD OF APPEALS ~EN ~ ~ T~ ~0~: Tne fO~m 500 feet afa ~ o~ion lo~a~d m'~n~ ~ati~(s) 'l~a~ ~"'f~t of~c ~.of.~ ~ ~j~[ (hfo~ m~ h~ a~l~lu ~o~h · . l~ad°~ by.~8 ~ pa~ nu~ on .~.,. 4;.', ,. '- ~;. :. . , ~' ..... v.:... '6 /~/ // ' ... .. .'. . · Si~ of~pli~ ' Da~ ' 1.~[o~ ' ' .... "' · ' ' · ' ' · - . . ' · ' ' on ~ir ~ o~69~ ~li~o~ ~[1 b~ ~e.~ · 3. ~e ~Ig~ ~ ~ 1o~1 b&~ ~ r~hl~ tot ~ng id~6fied ~ove. ~e ~st f~r ~ling ~fll ~ p~ by ~e ~li~ at ~e ~0 ~ ~ppli~fion ~.~ for m~w. ~lum to pay at ~loh Hm~ ~e~ ~m a~ii~on J~ not ~mp[e~ ~d ~ot b~ aot~ ~ by ~ b~. 1-14-09 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 necessar~ to avoid same. YOUR NAME: Joan Berglund and PatriciaC. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name SEP 7 of someone else or other entity, such as a company. If so, indicate the other person or company name.) BOARD OF APPEALS NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submi~led this Z a day of ~.~C~r,.,e, Signature:~.m ~ Joan Berglund ~/--~/oao~ Patricia C. M~e~--~ _ ~r~ _ Town of Southold R~CEi'VED LWRP CONSISTENCY ASSESSMENT FORM SEP ? 2011 INSTRUCTIONS · BOARD O~.~pp 1. All applicants For permits including Town of Southold agencies, shall complete this CCA~F fdP L~ALS 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). lfany 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 Proposed variance for roof alteration to accessory building and artist workshop SCTM# 1000-18-3-14 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 1 Nature and extent of action: roof alteration to accessory building and artist workshop Location of action: 75 Edwards Lane, Orient ~ SEP 7 Site acreage: 71,954 sq.ft. BOP~RD OF APPEALS Present land use: pre-existin~ structures: house, 1 car ~,arage, accessory buildine and seasonal use cottage with storage area and artist workshop (large barn) Present zoning classification: r-80 2. 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: Joan Berglund (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/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 of a coastal location, and minimizes adverse effects of development. See L~VRP Section 1II- Policies; Page 2for evaluation criteria. Yes No [] Not AnnlicableX Discussion (if appropriate)-' Roof alteration to accessory building- artist workshop area Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See L~VRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion {if appropriate) existing structures Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section 1II - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable Main Road in Orient is a scenic corridor. The renovation of existing barns and preservation of the existing barns maintains the qualities of the scenic Town of Southold LWRP Consistency Assessment Form 2 corridor. The renovation and adaptive re-use of barns enhances the ru~ihl ch~t~IC~D.~L~/ ~7 Southold Town. '" SEP ? ?0!1 Discussion (if appropriate)- not waterfront- not applicable NATURAL COAST POLICIES BOARD 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 X Not Applicable Discussion (ifapproprlate): existing structure will be used for workshop and pendim, application for accessory apartment Policy 5. Protect and improve water quality and supply in the Town of Southold. See L I~RP 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 I~ildlife Habitats and wetlands. See LI~RP Section III- 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 III - 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 Ill-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. Town of Southold LWRP Consistency Assessment Form 3 PUBLIC COAST POLICIES RECEIVED · SEP 7 ~011 BOARD OF APPEALS 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 Ill - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not waterfront 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): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): interior space Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section III- 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 LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): construction will comply with applicable codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 Town of Southold Zoning Board of Appeals Main Road Southold NY 11971 by hand PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765~4643 September 6, 2011 RECEIVED SEP7 BOARD OF APPEALS RE: ARTIST WORKSHOP/AS BUILT ROOF MODIFICATION JOAN BERGLUND, 25605 MAIN ROAD, ORIENT SCTM: 1000-18-3-14 Dear Chairman Weisman and Board members: With reference to the above, enclosed please find an original and 7 copies of the following: 1. Notice of Disapproval 2. Variance application 3. Project description, questionnaire,Certificate of Occupancy dated 11/8/07 for 1 family dwelling w/screened & covered porches, accessory deck, pumphouse, 1 car garage and non-habitable building and seasonal use cottage with storage. 4. Agricultural data form and Short EAF 5. Client's authorization 6. Transactional disclosure form 7. LWRP 8. Survey 9. Town property card and Photograph 10. My clients check for the filing fee Please place this matter on your next available calendar Thank you and please do not hesitate to call should you have any questions. PCM/bp encls. (-- _-PattT~ia C. Moore FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspectoz Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY RECEIV ED BOARD OF APPEALS No: Z- 32716 I~te: 11/08/07 T~IS CERTIFIF~ that the build{.g DWELLING AND ACCESSORIES Lo~ation of Property 75 EDWARDS LA ORIENT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 018 Block 0003 Lot 014 Subdivision. Filed Map NO. Lot NO. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9~ 1957 pursuant to which C~RTIFICATH OF OCCuPANCy N~B~ Z- 32716 dated NOVEMBER 8, 20~7 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ] FAMILy DWLG W/SCREENED & COV PORCHES~ ACCY DECK, ACCY PUMPHOUSE, ACCY 1 CAR GAR, ACCY NON-F~BITARLE BLDG & SEASONAL USE COTTAGE WITH STORAGE.* The certificate is issued to E RICHARD KEOGH & ANO {OWNER) of the aforesaid building. N/A Authorized Signature Rev. 1/81 HOUSING CODE INSPECTION REPORT ~ (S) BOARD OF APPEARS ELECTRIC JOAN A. BERGLUND 25605 Main Road Orient NY 11957 Augustl9,2010 Patricia C. Moore, Esq. 5 t 020 Main Road Southold, NY t 1971 Dear Ms. Moore: SEP ? BOARD I, Joan A. Berglund, authorize you to make any and all applications and appear on our behalf to the Town of Southold Zoning Board of Appeals, Suffolk County Departement of Health and any other necessary agencies on our behalf regarding properties located at 25605 Main Road, Orient, New York (sctm: 1000-18-3-14) TOWN OF SOUTHOLD PROPERTY RECORD CA~'~_ J ~ '" LOT RES. SEAS. .~_~/~ ~qD IMP. ~?oo AGE NORMAL Acre STRE~ VL TOTAL ~ DATE VILLAGE W SUB. ACR, / TYPE Of BUILDING BUILDING CONDITION BELOW ABOVE Value Per Acre Value Total House Plot Woodland S~ampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD DEPTH BULKHEAD DOCK 1 Tillable 2 Tillable 3 COMM. CB. ' MISC. (, Mkt. Value ~r~:~, 18.-~-14 10/10 t M. Bldg. JE~tension :iExtension ~xtension ~reezeway Patio Total Basement Ext. Wails Fire Place Type Roof FLoors Interior, Finish Heat Rooms 1st Floor LR. DR. BR. Recreation Room Rooms 2nd Floor FIN. B. Dormer Driveway M. Bldg. ~,~ l,~: ,¢00) Foundation I/~ ~'v£ Bath ~/~._ Dinette ~t~Si~ ~ ~ ¢ ~ z 3 0 (q Oe ~ Basement Fl~rs ~¢ 4' K. ~nsiOn ¢ ~t. Wails b// C~ Interior,Finish--¢. LR. ~nsiOn Fire Place /~ ~ Heat ~¢/~ ~ DR. Type Roof ~ .~,/~_,., Rooms 1st Floor BR. ~h Recreation Roo~ Rooms 2nd Floor FIN. B. ~ Dormer ~mezeway Driveway , // Patio O.B. / ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 8,2011 Zoning Appeal No. 6511 Transmitted herewith is Zoning Appeals No. 6511of Patricia C. Moore for Joan Berglund- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated September 6, 2011, Copy of Pre Existing Certificate of Occupancy No. Z-32716 for One Family Dwelling with Screened & Cover Porch, Deck, Pump house, One Car Garage, Acey Non-Habitable Bldg & Seasonal Use of Cottage with Storage Dated November 8, 2007, Copy of Housing Code Inspection Report, Authorization Letter from Joan A. Berglund to Patricia C. Moore to Represent them in this Matter Dated August 19, 2010, Notice of Disapproval from Building Department Dated June 20, 2011, Two Pages of Property Record Card (One Both Sides), Seven Photos of Property, Copy of Survey Showing Property as it Exists Dated July 12, 2007 Prepared by Stanley J. Isaksen, Jr., One Page Plan of Floor Plan and Elevation Dated March 1,2011 Prepared by Chomo Associates. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/07/11 * * * RECEIPT * * * Receipt'8: 114044 Transaction(s): 1 1 Application Fees Reference Subtotal 6511 $1,000.00 Check#:1236 Total Paid: $1,000.00 Name: Berglund, Joan 25605 Main Street Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6511 November 2, 2011 To the attention of: Zoning Board of Appeals Town of Southold, NY BOARD OF: App~A, LS With regards to the request by Joan Berglund for a variance for an art studio and an accessory apartment, we have no objections. Mrs. Berglund has been a respectful neighbor and we are sure that anything she does will be to the benefit of the community. Respectfully, Howard Leshaw, Joan Turturro 25500 Main Road Orient, NY 11957 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 3, 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, NOVEMBER 3, 2011: 10:15 AM - JOAN BERGLUND #6511 - Request for Variance from Article III, Code Section 280-13C and 280-15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concerning "as built" art studio; 1) "as built" construction of an art studio is not a permitted use, 2) less than the code required rear yard setback of 20 feet, located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14 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 emaih Vic ki.Tot h(~,Town. Southold. ny. us. Dated: October 11, 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 #10423 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 20th day of October, 2011. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur suant tn Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Tt,wn 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, PO, Box 1179, Southold, New York 11971-0959, on THURSDAY NO- VEMBER 3. 2011: 10:00 AM - JOAN BERGLUND 86479 - Applicant requests 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 at; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTMgI000- 10:15 AM . JOAN BERGLUND #6511 - Request for Variance from Ar- ticle III, Code Section 280-13C and 28(/ 15, based on an application for building permit and the Building Inspector's June 20,2011 Notice of Disapproval, concern lng "as built" art studio; 11 "as built" construction of an art studio is not a per- mitted use.2) less than the code required rear yard setback of 20 feet,located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14 10:.45 AM - DAVID MOORE #6515 - Request for Variances from Art. X×II Code Section 280-I16A(11, Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspectors 1une 17, 2011, updated September 2011, amended October 4, 2011 Notice of. Disapproval based on a building per m~t application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at: ~) at less than the code required setback of 100 feet from the top of bluff, 2) more than thc code required maximun] lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or fron~ yard on watcrhont pIopcrties, located at: 21075 Sore dview Avenue (adj. to Long Island Sound) me this ~_ J' / 11:15 AM_ . KENNETH H~.EIDT #6516 - Request for Variances from Cod9 ~ r t~'cle XXI1 Section 280-1t 6 and Article XXlll Section 280 124 and the Building I ~spectoFs September 21,2(111 Notice of Disapproval based on an application for building permit for demolition and con struction of a new single family dwelling at: 11 less than the code required setback of 75 feet from a bulkhead, 2) less than the code required single side yard set- back of 15 feet, 3) less than the code re quired combined side yard setback of 35 leer, located at: 8530 Peconic Bay Blvd., {adj. Io Great Peconic Bay) Laurel, NY. SCTM#1000-126 11-22 11:~ AM - BARBARA TERRELL #6513 - Request for Variance from Arti- cle XXIll Code Section 280-124 and the Building Inspector's August 2,2011 No- tice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addi~ lion to existing single family dwellit~g a~; I ) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. at: 2630 Gillette Drive East Marion, NY. SCTM#10O0 38-2-27 11:50 AM · MICHAEL and COR- RINE SLADE 86510 - Request for Vari- ance from Code Article XXIll Section 280-/24 and Article XXII section 280- 116 and the Building Inspector's August I I. 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 11 less than the code required rear yard setback of 50 feet, 2) less than the code required set- back of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000- 110-7-26. Carryover Hearings, continued from prior meetings and pending additional mlormation: Adjourned from Public Hearing nc- timber 6, 2011 1:00 P.M. - TAUBIN FAMILY TRUST (ORR) #6509 Principal Clerk day 2011. 1:30 PM - MARTIN KOSMYNEn, {KOS. LLCI #6514 - Request for Vari- ance from Art. XV, Section 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a build- ing permit application to construct a car- port at; 11 less than the minimum front yard se back of 100 feet. 2) more than lhe maximum lot coverage of 30%, located at: 50 Commerce Drive Cutchogne, NY. _1'.50 PM - PATRICK TREANQ_R_ #6512 - Request for Variance from Article 1II Section 280-14 and the Building In- spector's April 21,201 l updated Septem- ber 7, 2011 Notice of Disapproval based on an application fpr building permit for construction of a third story "as built" to an existing dwelling at: 11 more than the code required number of stories of two and a half, located at: 2055 Grandview Drive Orient,NY. SCTM#ffiO0-I4-2 3.20 2:15 P.M. - CATHRIN STICKNE_y #6517 - Request for Variance from Ar- ticle III, Code Section 280-15, and Building Inspector's August 2, ~011, rc vised October 3, 2011 Notice of Disap- proval based on a building permit appli- cation to construct a second story deck addition to an accessory garage, at: 11 more than the code required maximum square footage of 750 sq. ft. for acces- sory buildings on lots 20,000-60,000 sq. ft., located at: 1050 North Hyatl Road Southold, NY. SCTM#1000-50.1 _ 13L The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing wilI not start earlier than designated above, l~iles 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, (6311 765-1809, or by emad: Vicld. Toth @Town.Souffiold.ny, p~s. Dated: October 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 Southold, NY 11971-0959 10~423 IT I(I/20 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BERGLUND, JOAN #6511 MAP # 18.-3-14 VARIANCE NON-PERMITTED USE; SETBACK REQUEST "AS BUILT" ART STUDIO DATE: THURS, NOV. 3, 2011 10:15 AM 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-TOWN OF SOUTHOLD 765-1809 ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of JOAN BERGLUND (Name of Applicant) CTM Parcel #1000-18-3-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On th~ day'of October, 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 Notices in prepaid envelopes addressed to: ROBERT & DARLINE MCGINNESS 25760 MAIN ROAD ORIENT NY 11957 SCTM: 1000-18-6-12 RE: BERGLUND ZBA 7192 6463 3110 0001 0460 Sworn to before me this c~"~> day of ~;}~Yeer, 2011 ~' (N~tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No, 4982528 Qualified In Suffolk Count~ j PLEASE list, on the~a~io°tntr~r,~(~'r~/i~ d~; sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. RECEIPT FROM: SEND TO: ROBERT & DARLINE MCGINNFS$ 25790 MAIN ROAO ORIENT NY 11957 FEES: RECEIPT 7192 6463 31 lO OOOl 0378 FROM: SEND TO: ORIENT ROAD LLC CfO LASEVEN LLC 1775 BROADWAY. SUITE 501 NEWYORK NY 10019 FEES: RECEIPT 7192646331100001 0389 FROM: SEND TO: SEEORIENT LLC PO SOX 352 ORIENT NY 11957 FEES: Postage RECEIPT 7192646331100001 0392 FROM: MoO~e Law Office RE: be~glund Z~A SEND TO: GERTRUDE A. KUHN 36 SUMMIT AVE STATEN ISLAND NY 10306 FEES: TOTA~ RECEIPT 7192 6463 31 lO o(;Ol 0408 FROM: SEND TO: JOAN TURTURRO HOWARD LESHAW 49 KtNG STREET. APT 5 NEW YORK NY 10014 FEES: Postage 0.44 R "~SpSj RECEIPT 7192 6463 31 lO OOOl o415 FROM: Moore Law Office RE berglur,:l ZSA SEND TO: ROBERT C i/~NGER S17 THIRD STREET BROOKLYN NY 11215 FEES: Postage 0 44 TOT PO~ RECEIPT FROM: SEND TO: RALPH CASLENOVA CATHERINE CASLENOVA PO BOX326 ORIENT NY 11957 FEES: RECEIPT 7192646331100001 0446 FROM: SEND TO: FEES: Postage 0 44 TOTAL ~ RECEIPT 7192 6463 3110 00Ol 0439 FROM: Mcore Law Office RE: berglund ZBA SEND TO: KHEDOURI EZAIR 931 MADISON AVE NEW YORK NY 1 CO21 FEES: TOTAL/' RK O~ ~ PO~ BERGLUND NEIGHBOR LIST ORIENT ROAD LLC C/O LASEVEN LLC 1775 BROADWAY, SUITE 501 NEW YORK NY 10019 SCTM: 1000-18-3-6.16 SEEORIENT LLC PO BOX 352 ORIENT NY 11957 SCTM: 1000-18-3-10 ROBERT C. WENGER 517 THIRD STREET BROOKLYN NY 11215 SCTM; 1000-18-6-11 RALPH CASLENOVA CATHERINE CASLENOVA PO BOX 326 ORIENT NY 11957 SCTM: 1000-18-3-9.9 GERTRUDE A. KUHN 36 SUMMIT AVE. STATEN ISLAND NY 10306 SCTM: 1000-18-3-13 JOAN TURTURRO HOWARD LESHAW 49 K1NG STREET, APT. 5 NEW YORK NY 10014 SCTM: 1000-18-6-10 KHEDOURI EZAIR 931 MADISON AVE. NEW YORK NY 10021 SCTM: 1000-18-6-14.5 KHEDOURI EZAIR 931 MADISON AVE. NEW YORK NY 10021 SCTM: 1000-18-6-14.6 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOAN BERGLUND AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-18-3-14 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JOAN BERGLUND, residing at 75 Edwards Lane, (a/k/a 25605 Main Road), Orient, New York being duly sworn, depose and say that: On the--- .cay of October, 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, November 3, 2011 (~ JOAI~ BERGL(I~D Swo{n to before me this / day of~:~'~ro~, 2011 '- ~ BETSY A. pEP, K~NS ~tota~ Pu ~o~6130635 commission E~Pi~es 3m~ 1B,~ ~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. MOORE ~A~ OFFICE 510~ ~N ROAD SO~THOLD NY 11971 Signature: ( (Please Print Cica#y) Date of Delivery MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Re, coNed By: (Please Print Clearly) Date,of Delivery MOORE LAW OFFICE 51020 HAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? Service Type (Extra ~:ee) [] Yes ~-~ERTIFIED 2. Article Number 7192 6463 3110 0001 0378 7192 6463 3110 0001 0378 1. Article Addressed To: ORIENT ROAD LLC C/O LASEVEN LLC 1775 BROADWAY, SUITE 501 NEW YORK NY 10019 7~2 6463 3110 0001 0385 Article Addressed To: SEEORIENT LLC PO BOX 352 ORIENT NY 11957 4. Restricted Delivery? la. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0460 ~,i~92 6463 3110 0001 0460 I. Article Addressed To: ROBERT & DARLINE MCGINNESS 25760 MAIN ROAD ORIENT NY 11957 SCTM: 10 1000-18-6 · Complete Items 1, 2, and 3. Also oompiste Item 4 ff Restricted Delivery is desired. · Pdnt your neme and address on t~ reverse so that we can tatum the card to you. · Attach this card to the back of the rn~lplane, or on the front It space permIts. 1. Article Addressed to: D. Isdelive~addmssd~femntfmmlteml? [] Y~ If YES, enter delivery address below: [] No ~ 3. I~:)e~liledMall [] Expr~ Mall [] Regtstes~ I~letum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Res~c~ed Delivery? (Ex~a Fee) [] Yes ~?a~s~,~.v~O 7010 0290 0002 8941 1099 PS Form3811,Febma~ 2004 Dome~ioR~urnRecei~ MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 2'~t~cl9e2Nu6':~r3 3110 0001 0422 7192 6463 3110 0001 0422 I. Article Addressed To: MOORE LAW OFFICE 5'1020 ~AIN ROAD SOUTHOLD NY 11971 RALPH CASLENOVA CATHERINE CASLENOVA PO BOX 326 ORIENT NY 11957 ilh,,,,Ih,,hhlh,,,hhlh,h,hl 2'A~til¢I9~N~TLr~i ~1110 1'1001 01,115 +~92 6463 3110 0001 0415 C. WENGER STREET YN NY 11215 ZIp · 4 Code 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 October 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 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 October 20th: 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 all 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than October 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before November 1,2011. 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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 September 7, 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 #6511 Action Requested: Within 500 feet of: Owner/Applicant: Berglund Additions/Alterations; Non-permitted use; setback (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ,(:>{)'Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson /F '"'-- BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 November 18,2011 Patricia Moore 51020 Main Road Southold, NY 11971 RE: ZBA Application #6479 & 6511 - Berglund Dear Ms. Moore: Transmitted for your records is a copy of the Board's November 17, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above applications for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Cc: Building Dept. Z NOTICE ~.~