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Home My WebLink About6549 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Horning 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 RECEIV. ED TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 A~ 2 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 19, 2012 ZBA FILE: 6549 NAME OF APPLICANT: Justin Swartz and Joanna Weiner PROPERTY LOCATION: 275 Back Lane (aka Private Rd. #5) Orient, NY SCTM#1000-17-4-26&11.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 28, 2012 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 DETERMINATION.' 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: Subject parcel contains 26,677 sq. ft. and is located in the R-40 zone. It is improved with a one and two story single family dwelling with accessory garage and shed. It is located on a 20 foot right of way with 186.87 feet along the eastem property line, 335.17 feet along the northern property line, 250.56 and 129.70 along the southern property line and 137.02 along the western property line, it is a odd shaped lot as shown on the survey prepared by John C. Ehlers, Land Surveyor dated August 3, 2010. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's December 20, 2011 Notice of Disapproval based on an application for building permit to construct additions/alterations and deck addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance to construct additions/alterations to the existing dwelling including a new deck addition that will attach the existing dwelling to the accessory garage that has a one foot rear yard setback where the code requires 50 feet. FINDiNGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 5, 2012 at which time written and oral evidence 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 true and relevant and makes the following findings: Page 2 of 2- April 19, 2012 ZBA Fi1¢#6549 Swartz/Weiner 1. Town Law §267-b(3)(b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of many non-conforming lots with houses that pre-date zoning. This property is not visible from the main road; Back Lane is a private narrow road; and the rear of the subject property is well screened from adjoining neighbors by trees and vegetation. The accessory garage has existed with a one foot non-conforming rear yard setback for many years without adverse impact to the adjoining neighbor. 2. Town Law §267-b{3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an ama variance. The dwelling and accessory garage have existed in the current location since prior to zoning. By attaching the accessory garage to the dwelling via a small deck addition to mitigate slight grade changes on the property, the applicant's will have easier access from the dwelling to the garage but will require a variance because the dwelling is now considered to have a non-conforming rear yard setback. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 98% relief from the code. However, due to the configuration of the lot and the pre-existing location of the dwelling and garage, there will be little to no change in the existing conditions on the property. 4. Town Law §267-b{3){b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Storm water runoff will be retained on site per code. 5. Town Law §267-b{3}{b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 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 a renovated dwelling with attached 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the proposed site plan dated 12/9/11 and the architectural drawings dated 12/9/11 pages 1-8, all prepared by Elizabeth Thompson, Architect. 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Horning. (Absent was: Member Dinizio) This Resolution was duly qdopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing ~:p /~ /2012 BOARD OF AP -~-~ '~ ~-a:~zva ~ # NOl$10:la ~l::lg drill 'lVNI-i Garage Play Room Storage Shad Ft~NAL MAP IREVIEWEO BY ZBA/ /-~EE DECISION ff. ~ r RECEIVED BOARD OF APPEALS Living Room Entry Porch Den Bath Hall r BOARD OF Kitchen Bedroom Job: Date: ._ ,./~!J,-: Elizabeth Thompson Architect ¢:: :,": ; ~:/~ "" - 250 Mercer St. B806 Title: ¢¥!¢Y' I J/, '¢¢ ¢~ Scale:, . ,, New York, NY 10012 ~ , r,:¢ ¢, .¢ j__ IINAL MAP EVlEWED BY ZBA[ EE DECISION # RECFI\/~r~ BOARIh OF APPEALS Date: Elizabeth ThompsomA~eh~e~tp~b~'~ ~-¢- ~,~ o~, ~Y 250 Mercer St. B806T~t~e: Sc~e: New York, NY 10012 ~u~ ~u~p~. ~/~,,~1,.~ F Elizabeth Thompson 250 Mercer St. New York, NY 10012 Architect Suite B 806 212-614-7180 Job Title ¥ RECE]VEE~ BOARD OF APPEALS Scale I/~'-.1'.O~1 Job Date Elizabeth Thompson 2,50 Mercer St. New York, NY 10012 Architect Suite B 806 212-614-7180 [itle Scale I/g;, '; -C)" ~- ~ ¢\~ gooF- --/ ~ Elizabeth Thompson Architect 250 Mercer St. Suite B 806 Title Scale 10012 212-614-7180 :INAL MAP :[EVIEWED BY ZBA SEE DECISION tf ~ DATED._.~_/~ I/_P'~- I T BOARD OF AppEALS Job Date Elizabeth Thompson Architect 250 Mercer St. Suite B ~6 New York, NY 1~12 212-614-71~ RiEcEIVEC~~O-~y E~OARD OF APPEALS Job ~'7~ ~,'~-.- ~1~ Date Elizabeth Thompson . Architect ~r, I,J¥ ~/I/~1 ~ 2~ ~ercer St. Suite B ~6 ~fle Scale~ , ~ New York, NY ~O~ ~V~lo ~ [/~ -I-o 1~12 212-614-71~ =INAL MAP REVIEWED BY ZBA ;EE DECISION # ~ :)ATED_ ~ I ~_~__ I [~ _ RECE]VE£~ BOARD OF APPEALS Elizabeth Thompson Arch~ect o~, 2~ Mercer Sr. Suife B New York, NY 1~12 212-614-71~ Lolw Hoci% 'WALL Lc]nd no~ or Form~rlu E)ovid ~von$ 5mitF~ ' S83°14'20,,E SURVEY OF PROPERTY Lond no,,~ or formecl~ oF: GB Or'ien~ LLG ~E 0 . oF: N 51TI,)ATE: O~IENT TOI,'qN -" ~I~ 51JFFOLK COUNTY, NY r--_-j.IRVEYEP AU~t)~T ~, 2OIO 50FFQLK C, Ot)NT'r' TAX Ii, IOOO - I1 - 4- - I1.1 IOOO - I'/ - 4- - 2~ J'c~--. R. Weiner Decisio~ 2000 ~ E~tate Services, ~c. (Title No. 10-08-6963) ~ Morgaa Chas~ Ba~, N.A. NOTES, · PIONUNIENT e PIPE ~it~EA = 2~,.~'VI 5F OP. 0.,61 ACRE5 ®F;~.APHIO ~ I%1 RECEtX/ED f3oARD OF APPEALS JOHN C. 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 REF.-T1GERkPROS\99-294 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE February 28, 2012 RECE~/ED BOARD OF APPEALS SARAH LANSDALE, AICP D~RECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Mele (Patricia) & Christiano (Cheryl) Thorton, David & Janet Baran, Roma (c/o Leaim Romanelli) Fraser, Douglas (c/o David Cichanowicz) Weir, Glyn & Michele Steele, David Heidtmann, Glenn Swartz, (Justin) & Weiner (Joanna) 6542 6543 6544 6545 6546 6547 6548 6549 TRK:ds Very truly yours, 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 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Elizabeth Thompson, Architect for Justin Swartz & Joanna Weiner 165 East 118th St. #7A New York, NY 10035 DATE: December 20, 20~L,67 RECEIVED Please take notice that your application dated December 9, 2011: BOARD OF APPEALS For pemfit to construct additions/alterations & deck addition to existing single family dwelling at: Location of property: 275 Back Lane Orient, NY County Tax Map No. 1000 - Section 17 Block 4 Lot 26 & 11.1 Is returned herewith and disapproved on the following grounds: The proposed additions/alterations to the existing single family dwelling, on a non- conforming 26, 677 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 to 39, 999 square feet in total size, require a rear yard setback of 50 feet, the proposed addition is shown at 1 foot*. Au~orized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Sonthold Town Building Department. CC: file, Z,B.A. * Note: The deck addition attachment to the accessory garage changes the garage status to an addition. I Fee:$ '¢~ FiledBy: Assignment No. RECEIVED, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. ZT~' Street l~P~v_. L~g Hamlet SCTM1000 Section 17 Block4 Lot(s)g&! II.I LotSize./~l ~. I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED IZ] Zo t ti BASED ON SURVEY/SITE PLAN DATED ~]g]lO Applicant(s)/Own?(s): 4o~tOt,/g \XJ~l~OelL ~ 40~T~ ~T~ NOTE: In addition to the above, please complete below if application is signed by applicant's aRorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Address: I[~ ~/Y~T 1lS't~'$T. Telephone: 'tlT-g4g-I~l Fax: Please chec. k to specify who you,~giltlt correspondence to be mailed to, fro, ll~e above names: ~ppllcant/Owner(s), []Authorized Representative, [~] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 8~1o $, Ig]~ ], and DENIED AN APPLICATION DATED 17~!q !Il Buil.d. ing Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: KXllI Section: ~o- Ig~ Sulmction: Type of A~peal. An Appeal is made for: ~lA Variance to the Zoning Code or Zoning Map. ~ IA Variance due to lack of access required by New York Town Law- Section 280-A. I Ilnterpretation of the Town Code, Article Section [--]Reversal or Other A prior appealS] has, [~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZI de# REASONS FOR APPEAL (additionttl sheet,v mar be tsed ,ith p'ep.rer's sig~ ature): RECEIVED .4Rl£.,I [(,IRLqNCE RE:tSONS: BOARD OF' APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: 'q~}J~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible br the applicant to pursue, olher than an area variance, because: (3) The amount of relief requested is not substantial because: ,L} t~ MP,'loff-- ~TIZO r TDIZ~'<,~ kVI L~ (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~ ~gCMIT~TO~ ~l&~ IS (5) Ilas the alleged difficulty been self-created? ~Yes, or ~No. Are there Covenants aud Restrictions concerning this land: ~No. ~Yes {please [hrnish copt). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect cbaracler of the neighborhood and the health, safety, and welfare of the community. Check this box ~ IF A USE [TIRL~IN('E IS BEING REQUESTED. /IND PLE/~SE COMPLETE TIlE 4 T7H CHED USE I~RIANCE StIEE~) (Ph.a.,e be Si?~ture of ~ppell~dt or ~uth~/ed Notary Public NOTARt ~G, I~ I~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~L,l~lg ~TI4 '~140~1~6ok~ ~ ~l?~141ttgcl Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~Jolq I~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ldoN Dimensions of new second floor: ~ Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: I { ~ ~'rol~. Number of Floors and Changes W1TH Alterations: ~ t ~. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your prope~: Proposed increase of building coverage: ~ ~g - Square footage of your lot: ~, ~7~ ~F ' Percentage of coverage of your lo[ by building area: V. Purpose ofNew Construction: ~ ~t~o~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? __Yes ~ No Are there any proposals to change or alter land contours? ~ No Yes please explain on attached sheet. RECEIVED BOARD OF' APPEALS 1.) Are there areas that contain sand or wetland grasses? ~Jo 2.) Are those areas shown on the survey submitted with this application? ...-. 3.) Is the property bulk headed between the wetlands area and the upland building area? [k)O 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~ 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? ~tP Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? KJO 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? 1h~O yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ~ Please attach~all ~¢at~ ~¢ertificat~~ for the subject premises. If ~tny are lacking, plet/~6 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? IQO If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ,'~-~1 ~la~ 'D\~. I~.b~.. I M ~ and the proposed use · (ex: existing single £arnily, proposed: same with garage, pool or other) Authorized signature and Date Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT YED For UNLISTED ACTIONS Only ~ i~,=~,_~ i~ PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) ! 1. APPLICANT/SPONSOR 3. PROJECT LOCATION: ~ ~:~j0t~.)~.' ~.~¢t~Idi~ Municipality ~ ~-. t I~' lOT' I ~'~ 2. PROJECT NAME 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) 5. PROPOSED ACTION IS: [] New (~ Expansion [] Modification/alteretion 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially . t4~ ~ acres Ultimately . i~ [ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~No IfNo, descdbebflefly ~Jolo ~.~J~:::~l~,t~[~ [~"jc~j~.. ~dj¢~..~:~ 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Des~:Residential [] Industrial [] Commercial [] Agriculture [] Park/ForeslJOpen Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~Yes LJ Yes, agency(s) name and pen'nit/approvals: No ~f list 1t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes ~ No IT Yes, list agency(s) name and permit/approvals: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicantJsponsor name:. ~ ~,~ ~.1~- 1~ ~T'~ '"~[~'O1/~ T::~4:~ ~.} Date: Signature! I If the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER PART II - IMPACT ASSESSMENT (To'l~'completed by Lead Agency) A. DOES ACTION F. XCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. B. W1LL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negath~e declaration may be superseded by another involved agency. [~] Yes ]~No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing a~ quality, surface or groundwater quality or quan~y, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C4. A community's exlat~ng plans or goals as officially adopted, or a ~t~ange in uss or intensity of use of land or other natural resources? F_~plain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not ~dentifled in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~r-1 No if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edab~ve~determinewhetheritissubstantia~arge~imp~rta~t~r~therwisesigni~cant~ 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) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensu~re~that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If questioh0 of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental cha'recteristice of the CEA. ] Check this box if you have identified one or more pelentially large or signiticent adverse Impacts which MAY occur. Then procee~l directly to the FULt. FAF and/or prapara a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supportieg documentation, that the proposed action WIL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~, the reasons supporting this determinagor Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Date Tibe of Responsible Officer Signature of Responsible Officer In Lead Agency Signature of Preparer (If different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED , . ..... BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be comptetea ny me appticant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within $00 feet of a farm operation located in agricultural districa .411 applications requiring an agricultural data .*tat~ment must be referred to the Suffolk Coanty Department of Planning in accordance w~th Seetlon$ 239- m and 259-n of the General Municipal Law. 1) Nme ofApplicarit:_ _ EtA ?.4~. ~'r14 "~'t4e:,~,~KJ . ~ 2) Ad~ssofApplmant: I~ ~ II~T. ~7~ ; ~ I 3) Name of ~d Owner (if other th~ applicant): ~ o~ X~t~. 4 ~ %~ ~ ~x~_ 4) AddmssofI,andOwner: ~ Tb~ gx. ~x ~Og 6) LocationofPropcdy(mad'ahdmxmapnumber)~: gT~ g~ 7) Is the parcel within ~ a~cultural district? ~No ~Yes If yes, ~cultml Dis~ct Numar g) Is this parcel actively farmed? [~No ~Yes 9) Name and addrcss of any owner(s) 'of land within thc agricultural district containing active farm opcration(s) located 500 t~et of the boundary of the proposed project. (Information may be available through thc Iowa Aaaeasora Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Properly Tax System. 6.7. ¥ (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-193,8 9r the Zoning Boa~d of Appeals at 765-1809. Signature of Applicant I Date I The local board wi}l solicit comments from the owners of land identified above in order to consider the effect of the proposed action on t~e~r thrm operation. Solicitation will be made by supplying a copy of this statement. ~. ¢ommomz returned to the local board will bo taken into consideration as part of the overall review of this application. 3 Copie~ 9f t~e completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the pmpen~ owners identified above. The cost for mailing shall be paid by the apl31icant at the time the application is submitted for review. Failura to pay at such time moans the application is not complete and cannot be a~ted upon by the board. 1-14 09 AGRICULTURAL DATASTATEMENT ZONING BOARD OF APPEALS ' TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant fore, 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 district. 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 ofApplicant: I~ta~'~o,g'~T~l '"ffO, emaiae, t~*o; ~~ 2) Ad&essofApplic~t: I¢~ ~T II&~W. ~7A , MW. ~N t~ 3) N~e of L~d Owner (if other th~ applic~t): x~o~ ~'gtu~. 4 ~ ~ A ~T~_ 4) Ad~ess of Land Owner: ~ ~b~ ~T. ~ ~7~ ~w~: ~ Ilgg~ 5)DescfipfionofProposedProject: ~~/~bb,*to~ ~ ~Xl~Tt~q ~ 6) LocationofPropeay(road'ahdtaxmapnumber~: gTg g~ U~i O~T ~-I~-~-~JlM 7) Is the p~cel within ~ a~cultural disthct? ~ No ~Yes If yes, A~cultuml Disthct Number ~ 8) Is this parcel actively f~ed? ~No ~Yes 9) Nme and address of any owner(s) 'of land within the agficult~al district containing active hm operation(s) located 500 feet of the bound~ of the proposed prQect. (~fomation may be available t~ough the Town Assessors Office, Town Hall location (765-1937) or from any public computer at ~e Town Hall locations by viewing the parcel numbers on the Town of Southold Real Propegy Tax System. 5. Name and Address IIq~7 6. / (Please U.ae back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Bom;d of Appeals at 765-1809. Signature of Applicant ~ Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6~ 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 Daia Statement shall be sent by applicant and/or the clerk of the board to the proper~y owners identified above. The cost for mailing shall be paid by the aplSlic.ant 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 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: '~'PcO~A Fa%c>~,3, EtA ~15,~'[~ (Last name, first name, middle initial, unless y6u are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance I Variance t ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat [~ Exemption from Plat or Official Map ~jSCEIVED ~SUARD OF APPEALS 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. · , sl I NO J 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 thc 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): 1 I [ [ J 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 Submitted this~?_ltay of 4~q~JU~t'~ biZ- Signature:/.~, ~., ~t~/~.~. ~ ~ ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER am/OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: .~ ~1 lx36~ ! d O/~ K} ~4 f4 (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) Tax Grievance Variance Special Exception If"Other", name the activity: NATURE OF APPLICATION: (Check alt that apply.) Change of Zo.e [ '-] Approval of Plat [_ Exemption from Plat or Official Map [ Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest' means a business, including a partnership, in which the Town 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~ 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: .~-~ RECEIVED BO,~RD OF ,0, ppE~LS 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 applicm~t (when the applicant is a corporation); [ ] B) the legal or beneficial owner of any interest in a non-corporate entits, ~ (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or [''"~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this .~ dayof ['~[q~/{r~'/~ Signature:~ PfintName: ,3~y,~vx~¢,- g. ~'3C~/ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~uo~qe,'~L ._ ~ VSTi Id (Last name, first name, middle initial} unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check alt that apply.) Variance ~ Special Exception 1 f"Other", name the activity: ChangeofZone Approval ofPlat/ Exemption from Plat orOfficialMap RECEIVED BOARD OF ,APPEALS 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. Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold~:_/ ~J 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 ofgreate~ 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 I D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~y of. Signature: ~"/-// ~. Town of Southold INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM ~,ECEIVED BOARD A0F PR All applicants for permits* including Town of Southold agencies, shah complete for proposed actions that are subject to the Town of Southold Water~ont Consistency Review Law. ]'his assessment is intended to supplement other information used by a Town of Soutbold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministeria[ 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 Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# t~/ 4 The Application has been submitted to (check appropriate response): Town Board [~ Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) (b) (c) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: g 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: I~' C4 ~,fl igt--~["~ (b) Mailing address: (c) Telephone number: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No¢ If yes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, ' preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. []Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Joanna Weiner Justin Swartz 34 Plaza St. East #703 Brooklyn, NY 11238 646-824-0793 Fax: 646-509-2057 iweiner~maimonidesmed.org jms~outtengolden.com To Southold Town Zoning Board of Appeals: Jan 16, 2012 RECEIVED BOARD OF APPEALS We, the Property Owners of 275 Back Lane, Orient, NY, give consent for Elizabeth Thompson, Architect, to be designated as our representative for the Variance Application for this property. Applicant contact information: Elizabeth Thompson, Architect 165 East 118th St #7A New York, NY 10035 917-848-1541 et~elizabeththompsonarchitect.com Sincerely, Joanna Weiner STATE OF NEW YORK COUNTY OF Joanna Weiner and Justin Swartz, being duly sworn, deposes that they are the individuals signing above. Sworn to before me this Notary Pt~ic - __ day of BOARD OP ApP6~Ls 1~ View ~rorn the 275 8ack Lane, Orient Lot: 1000 - 17 -4 - 26 & 11.1 (merged) January 14, 2012 Owners: Joanna Weiner, Justin Swar[z Applicant: E~izabef~h Thompson~ Arch~ec', 4~ V~iew f?or~ the South 275 8ack Lane, OdenJ Lot: 1000 - 17 - 4 - 26 & 11.1 (merged) January 14, 2012 Owners: Joanna Weiner, Justin Swa~ ® 7 BOARD OF API~EA~.~/~' J 131 S.R 25 FAITH 1 gA 20 22A 2.4A(c) 2. aA(c) NO: Z-33678 FORM NO. 4 TOWR~ OF SOUTHOLD BUILDING DEP~TMENT Office of the Building Inspector Town Hall S0uthold, N.Y. CERTIFICATE OF OCCUPANCY ~,ECEIVED i BOARD OF APPEALS Date: 04/28/09 T~IS CERTIFIES that the building ~kDDITION Location of l~rol~rty: 275 BACK LA ORIENT (HOUSE NO.) (STREET) (H~d~LET) County Ta~ ~p NO. 473889 Sectiom 17 Block 4 I~nt 26 Su]0division Filed Map No. i~t No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NO~MBER 14, 2007 pursuit to which Building Permit NO. 33522-Z dated NOVEMBER 14, 2007 -, 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 DECK ~DITION TO AN EXISTING ONE F~ILY DWELLING AS APPLIED FOR. Ge certificate is issued to MARTIN A & APUL D SAR3INDIA & ANO (OWNER) of the aforesaid building. N/A N/A N/A Rev. 1/81 TOg~! OF SOUTHOLD BUIL~t'~ING DEPARTMENT TOW . H32LL SOU', ItOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined ,20__ Approved 20 __ Disapproved a/c tC Expkafion ,20 PERMIT NO. BUILDING ~RMIT 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: Mail to: Phone: Building Inspector 311 I IkPPLICATION UI'.DIN PERMIT / ' INSTRUCTIONS -- a. Tld,~l~'~51 be &pletely filled m by t~ewnter or in ,~ ~d submitted to the Building hspector with4 sets of plus, acc~te plot pl~ to scale. Fee accor~ng to schedule. b. Plot pl~ showing location of lot ~d of buildings on premises, mlmionship to adjoin~g premises or public streets or areas, ~d wate~ays. c. ~e work covered by this application may not be commenced before issu~ce of Building Pe~it. d. Upon approval of t~s application, the Building ~spector will issue a Building Pe~it to the applic~t. Such a pemit sh~l be k~t on the premises available for inspection t~oughout the work. e. No building sh~l be occupied or used in whole or in pa~ for any p~osc what so ever ~til the Building hspector issues a Ce~ificate of Occupancy. f. Eve~ building pemit shall expire if the work authorized has not commenced within 12 months a~er the ~te of issu~ce or has not been completed within 18 months ~om such date. If no zon~g men&ents or other re~lations affecting the prope~y have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the pemit for ~ addition six months. ThereaRer, a new pemit sh~l be required. ~PLICATION IS HE,BY M~E to the Building Depa~ment for the issuance of a Building Pe~it pursuant to the Building Zone Ordin~ce of the Town of Sou~old, Suffolk County, New York, ~d other applicable Laws, Ordin~ces or Re~lations, for the construction of buildings, additions, or altemtions or for removal or demolition as herein described. The applicant a~ees to comply with all applicable laws, ordin~ces, buil~ng code, housing code, ~d re~13tions, ~d to a~it authorized inspectors on premises and in building for necess~ inspections. ~_ ~Ix/~ (Si~amre of applicant or name,~ co~oration) (Mail~g ad,ess of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises 4og-~,~ \)t]~..~t ~ 4uSll~ '~t~v-~2'. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. th. Plumbers LicenseNo. ElectficiansLicenseNo. ,, Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) Block ,~ ~:' : . Lot II.I ~ g6, Filed Map No. ~. ,~ Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~l~t,t~; ~-~m~,~ ~u a-c~ *, b. Intended use and occupancy ~-~o~c.~- ~:Amlc~ ~\~l~cclt~tt 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition / Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. ~-- Dimensions of existing structures, if any: Front 5 ~. Height. ~ ' Number of Stories Rear 16,. t Depth *9 'T, % Dimensions of same structure with alterations or additions: Front Depth ~7,~ ~ Height. Z~ 8. Dimensions of entire new construction: Front 1 ~ Height 1 ~ ' Number of Stories I 9. Size of lot: Front ItgL,. ~'/ Rear I ~>~ ~$. Z ' Rear Number of Stories Rear lc~~ Depth ~-.~ Depth ~/o~'. 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES NO ~ Will excess fill be removed from premises? YES__ NO 14. Nmos of O~m~ of premises ~ o~rt~ ¢m~ Address g~[~ ~ ~ II~ff Phone No. 64~ Nmeof~chtect g~z~8~ ~ Address .~ ~w ~o.~ PhoneNo Nme of Contractor ~, [ &. Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a f~eshwater wetland? *YES * 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. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at I0 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF")O f'¢O L-~) i -~qo mps~ being duly sworn, deposes and says t~t (s)he is ~e applic~t (Nme of individ~l si~ng con~act) above rimed, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and ffe this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this_ dayof /'"~ce,,~L.e~,-- 20(1 ! Ne(arg.l~blic MELANIE DOROSKI NOTARY PUBLIC, State of New York No. 01D04634870 Qualified in Suffolk County _ Commission Expires September 30,.2,~L! ~ Signhture /~../2_4_~,f~WH OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /~7~ VILLAGE DIST. SUB. LOT &ORMERO",NER ,¢~,,N ~'~-,..'~-~. E *~' I '~tM ~l&~ - S W TYPE OF BUILDING RES' ~/0 SEAS' VL. FARM COMM. CB. MISC. Mkt. Value ~1D IMP, TOTAL DATE REMARKS ~/'~ AGE BUILDING CONDITION / ~9~ d./) N~ NORMAL BELOW ABOVEtlll~lm ~P~ z%zz r~er~ ~t~ a3&z3 ~.c. ,I~ FARM Acre Value Per Value Tilloble 2 Tillable 3 Swompl~nd FRO~TAGfi O~ WAI[R Brushl~nd FROMTAG[ O~ ROAD House Plot DEPTH BULKH~D Total DOCK COLOR TRIM Bldg. <tension Ctension xtension ord ~ orch J reezeway ½arage ~atio ). B. L~ ~/, £ #~ total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath Floors nterior Finish -[eot Rooms 1st Floor ~ooms 2nd Floor Dinette LR. DR. BR. FIN. B. 17.-4-26 1/08 COLOR TRIM L Bldg. <tension ~tension ! ~tens[on orch orch ~reezeway ~arage 'atlo total Foundation Ext. Wolls Fire Place Roof Recreation Finish 1st Floor Rooms 2nd Floor DP.. BR. FIN. 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, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 9, 2012 RE: Zoning Appeal No. 6549 Transmitted herewith is Zoning Appeals No. 6549 of Elizabeth Thompson for Justin Swartz & Joanna Weiner- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Two Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Joanna Weiner & Justin Swartz to Elizabeth Thompson to Represent Them in this Matter Dated January 16, 2012, Copy of Proposed Site Plan Showing Existing & Proposed Construction Dated December 9, 2011 Prepared by Elizabeth Thompson-Architect, Two Pages of Photos of Property, Copy of Tax Map Showing Site, Copy of Certificate of Occupancy No. Z-33678 for Deck Addition to an Existing One Family Dwelling Dated April 4, 28, 2009, Copy of Application fro Building Permit Dated December 9, 2011, Two Page of Property Record Card, Notice of Disapproval from Building Department Dated December 20, 2011, Copy of Proposed Site Plan Showing Existing & Proposed Construction Dated December 9, 2011, Copy of Survey Showing Property as it Exists Dated August 3, 2010 Prepared by John C. Ehlers Land Surveyor, Eight Pages of Plans Showing Existing & Proposed Floor Plans & Elevations Dated December 9, 2011 Prepared by Elizabeth Thompson-Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/8/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6549 Swartz, Justin and 2979 $500.00 Weiner, Joanna ~:~ _ § 20];) ~out hoi~ ~own c~rK $500.00 By lc Thank'fou, Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/09/12 * * * RECEIPT * * * Receipt#: 125727 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6549 $500.00 Cash#: 2979 Total Paid: $500.00 Name: Thompson, Elizabeth 1655 Old Farm Road Orient, NY 11957 Clerk ID: CAROLH Internal ID: 6549 ~'~ ~,~V #10597 ~ ~\Y STATE OF NEW YORK) \4, ) ss: COUNTY OF SUFFOLK) [~CE~VED BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 22nd day of March, 2012. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOED TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 5, 2012 PUBLIC HEARINGS NOTICE l~ HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code C~apter 280 (Zon~ng)~ Town of Sou[hold, the following public hcarw~ will be held by [he $OUTHOLD TOWN ZONING BOARD OF APPEALS at thc Town Hall, 5~)95 Main Road~ P.O. Box 1179, Sou[hold~ New York 11971~959, on ' DAY'* . ' ': 1S~0 A.M. - ~ SEI!m~-~'r~ mi ZBA Gram ~Yf.5~ ~ the Buildin~ lmpector's February 7, 2012 Notice of Disapproval be~ed On zmended p!~ns for the accessory garage al;i) the dem01{tion and reconstruction are a deviation of the nft~afioas, lo.ted aC 2000 N~,~au Point 10:~ A.M. - OLVv~R and ~/.O.]~&L~ -: P.~luest for Vmi- · m~ fro~ Articl~ IH Seclion 2~0-15 and swimming pool at: 1) location other [he code required rear yard, located at: 3~5 North Cro~s Road (comer Holden Avenue) Cutchogue, N~ $CTM#1000- 10~-D-29 TON ~d JANEr F~ DAVID~ON N~43 - Request for Variance from Article XXIII Section 2~0-124 and the B~Iding I~ctor's Janvary 18, 2012 Notice of Disapproval based on an application for b~ildin~ permit ~or additions to a single ~"~/~) d ay of -~'~/~¢~_ ~-...2.~12. NOTARY ~JBLtC-SfATE OF NEW YORK . No, 01V061050 ~ P.M. - JUS~ SWAR~ ~ family dwelling at: 1) more than the code permitted maxinmm lot coverage of 20%, totaled at: 4205 Breakwater Road (corner East Roadl Mattituck. NY. SCTM#100G~ 106-3-6 IL00 A. M. - GLYN and MICI41F~ WEIR - #6546 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's December T 2011 Notice of Disapproval based on an apph- cauon for building permi~ to construct ad- ditions/alterations to existing single family dwelling: 1) less than the code requh-ed minimum rear yard setback of 50 feet: lo- cated at: 5200 Mill Road (aka 5550 West Mill Rode. Cox Neck Roadl Matnfuck 11120 A.I~ - GLENN HEIDTMANN. S~, -4S6~18- Request for VarianCe from Article XXIII Section 280-124 and [he Bull ,'~d~_ Mspector's Januat7 30, 2012 No- ~¢~ of Disapproval bar~l oil a~t:app~ca- }lot ~ addition to.~ ~ family dwelling: 1,):,less ti~ag~ the Article ~H ~ bas,il on an application for building permit and the Building Inspector's December 29. 2011 Notice of Disapproval concerning proposed additio~s/allerat~ons to existing greenhouse structure and new office trail- ers. at: 1 ) less than [he code required front yard setback of 60 feet. 2 less than [he code required minimum side yard setback o[ 20 feet, 3] more than the code perrmtted maximum lot coverage of 20%.located at: 23423 Middle ~,oad tCR48) Cutchogue, NY. SCTM#1000~4-1-10.4. ( $OANNA W 21NER. 9- Request for Variance from Article XXIII Section 280- 124 and the Building Inspector's Decem ber 20, 2011 Notice of Disapproval based on an application for building permit to construct additions/alteratinns and deck addition to existing single family dweIling: 11 less than the code required minimum rea~ yard setback of 50 feet: located at: 275 Back Lane taka Private Road #5) Orient, NY. SCTM#1000-174-26&l 1.1 tor's Febru~ 13, 2012 Notice ~f DiSap- proval based ou an application ~ build, e~ting single family dwelling: 1) le~ than [he code req.',ui~ minimum rear yard 2~10 p.. M. - ~ TONYE~. ba-sed on an application for bu~_ .d.ipg. ' petlnf[ ~ for an ammoq, garage at: 1) l&~(ion oth&' ~2L~0 PM. - KIMOGENOR POINT. INC. CBINGHAM~ - $6550 - Request for Variances from Article XXIII Code Sec- tion 280-123 and Article XXII Section 280-116 and the Building Inspector's Janu- a~, 1.9, 2012 Notice of Disapproval based on an application for b~ilding peimit for demolition and construction of a new single family dwelling ag 1 ) a nonconform- ing building containing a nonconforming 2) less than [he code required bnfkheed Street New Suffolk, NY. SCTM#1,000-116~ heard at each heating, and/or desiring lo dm/on of each hearing Each heanng will ~aor start earlier than designated above. Files are available for review during regu- contact our office ah (631) 765-1809, or by Dated: March 6, 2012 ZONING BOARD OF APPEALS 54375 Main Road (Office Locallon) 53095 Main Road (Malling/USPS) ~0¢97-1.T 3f22 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Ja~nes 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.northtbrk.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, APRIL 5, 20t2 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 THURSDAYT APRIL 5T 2012: 12:00 P.M. - JUSTIN SWARTZ and JOANNA WEINER - #6549 - Request for Variance from Article XXlII Section 280-124 and the Building Inspector's December 20, 201t Notice of Disapproval based on an application for building permit to construct additions/alterations and deck addition to existing single family dwelling: t) less than the code required minimum rear yard setback of 50 feet; located at: 275 Back Lane (aka Private Road #5) Orient, NY. SCTM#1000-17-4-26&11.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth~,Town. Southold.n¥. us. Dated: March 5, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box t179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SWARTZ, J. & WEINER, J #6549 MAP # 17.-4-26 & 11.1 VARIANCE SETBACK REQUEST ADDITIONS/ALT RATIONS DATE: THURS, APRIL 5, 2012 12:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days bl:tween 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of.' AFFIDAVIT OF MAILINGS (Name of Applicon) SCTM P~cel ~ 1000- ~ ~ ~ - ~ ~ fl, I COUNTY OF SUFFOLK STATE OF NEW YORK I, ~t~zngem ~[~hto~l:'~e>~.3 residing at I/,,~' E 11~5 S~-t~?A My New York, being duly sworn, deposes and says that: Onthe I¢*~ dayof ~q~-~4 , 201g-, I personally mailed at the United States Post Office in o g:t 6 to'r- ., New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ~ Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular fight-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this t ? today of Lf~_ ~.~/ ,20 (Notary Public) uo'r,, PLEASE list on the back to the owner names and addresses for which notices were mailed. Thank you. m $0.45 $2. Postage $ $0.~5 $2.95 $0.00 ~,~: ~' Total Postage & Faa Postage Codified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees ~.~5 0<75? m .3= $2.95 rlJ $2.35 $5.75 nj $ $0.45 0~57 $2.95 03 $2.35 Here 4-. $ $5.75 03/15/2012 m Postage ~).45 c~.gi~d Pee $2.95 $2,35 t0.1X) $ $§.75 Total Postage & Fees Here 03/15/2012 Postage Cerllfled Fee Return Receipt Fee (Endorsement Required) Restricted Deliver,/Fee (Endorsement Required) Total Postege & Fees ~ PO BOX NO. ~, s=t,~, z,P+,~ Return Receipt Fee (Endorsement Required) Restdcted Delivery Fee (Endorsement Requ{red) Total Postage & Fees $0,45 $2,95 $2.35 $ $5.75 095? H~ ~ · Complete items 1, 2, and 3. Also COmplete item 4 if Restricted Deliver/Is desired. · Print your name and addmes on the reverse so that we can return the card to you. · Attach this card to the back of the mailpJece, or on the front if space permits. 1. Article Addressed to: 7 2. Art~Je Number- 4. Restricted Delivery? (Ex*tm Fee) I-3 Yes ., ('r~r~o~c~/~ 7011 2000 0002 4348 1672 PS F°rm 3811, Februa~ 2004 Domes~c Return Receip[ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the f~ont if space permits. 1. Article Addressed to: 2. A~ttcle Number (rransfer ~om serv/ce/abe0 PS Form 3811, February 2004 If YES, enter delivery address below; [] Yes [] No 3. Service 'lype I-I CerUfled Melt [] Express Mall '7 r~ Registe~d [] Return Receipt for Merchandise [] Insured Mall I-1 C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes ! I -- 7011 2000 0002 4348 1634 Domestic Return Receipt · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number ('rrans~r from sen4ce .~be/) 7011 2000 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we ca/~ return the card to you. · Attach this card to the back of the mailpiece, or on the fre~ if space permits. t. Article Add~ to: 2. Paticle Number (rrar, s~r from s~ce ~be~, PS Form 3811, Febrcary 2004 •Agent B. Recelvad by ( Pfint~d Name) ~) / Z DOD [] Ceflffied Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise r-Ilnsamd Mell r-I C.O.D' 4. Restricted Deliver,J? ~Extra Fee) [] No 3. Sewl~e 3ype [] Certified Mall [] Express Mail [] Registered [] Retum Receipt for Merchandise E3 Insured M~I [] C.O.D. 4. Rest~cted Delivery? (Extra Fee) [] Yes 113 7011 2000 0002. 4348 1659 D~nestic Retum Re(~ipt 1025ss~2J~t54o · Complete Items 1, 2, end 3. Also, Item 4 if R~,bi~:ted Dellve~ is desired. · Print your name and address on the mveme so that we cen return the cen:l to you. · Attach this ce~ to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: [] Agent B. Received by ( Pr/r/ted Name) D. Is daiive~' address different from item 17 i-r Yes If YES, enter daiive~ address below: F'I No 3. Sef'Y~e Tybe [] Certified Mail [] Registered [] Insured Mail [] Express Mail [] Retum Receipt for Memhandlse r'3 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number ~r~rf~n~"~O 7011 2000 0002 4348 1658 'Ps Form 3811, February 2004 Domestic R~t~m Receipt · Complete items 1, 2, and 3. Also complete Item 4 if Restrictad Delivery is desired; · Pdnt your name and address on the mveme so that we can tatum the card to you. · Attach this card to the back of the mailpleco, or on the front if space permits. 1. ArtJcle Addressed to: 2. Article Number (rmns'~r from servlce lebe0 Ps Form 3811, February 2004 different from item 17 address below: 3. Service 3ype [] Ceftffied Mail [3 ~nsumd Mea [] C.O.D. 4. R~ ~llve~ ~ F~) 7011 2000 0002 4348 1696 [3 Return Receipt for Memhandlse .~ ~ · Complete items 1, 2, and 3. Also complete Item 4 It Rest~ictad Delivery Is desired. · Print your name end address on the reverse so thet we cen return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Form 3811, February 2004 [] Agent []Addressee · hl? []Yes If YES, s ' deliver/eddmss below: [] No 3. Selvlce Type [3 Certified Mail [] Express Mail [] Regletemd I-I Rettan Receipt for Memhandise r'l Insured Mail [] C.O.D. 4. Restflc~d Daiivef3/? ~Ex~tra Fee) [] Yes 70112000 0002 434,~ 1627 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- I'/- '~ - ~6, ~ tl,'l COUNTY OF SUFFOLK) STATE OF NEW YORK) residingat I{~ fi I1~ ~.T. fib fi~/ "~ fo{r_ , New York, being duly swom, depose and say that: Onthe ~>-04 dayof I~lqfg~t4 ,201~.,IpersonallyplacedtheTown's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my 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 (7) days prior to the date of the subject heating date, which hearing date was shown to be Sworn to before me this Day of LA_~c~f , 2~ // li ~NNY CHIN ~OMMiB~IOH FXPlRES N~MBER 18. ~ * near the entrance or driveway en.trance of my property, as the area most visible to passerby. 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 March 5, 2012 Re: Town Code Chapter 55 Public Notices for Thursday, April 5, 2012 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 Suffolk Times. 1) Before March 19th: 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 March 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 March 28th: 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 Posting for receipt by our office before April 3, 2012. 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, 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 February 8, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6549 Action Requested: Within 500 feet of: Owner/Applicant: Swartz/Weiner Rear yard setback (X) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) 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 By:,~.., & z2,,'2z;t, gt .c~2~¢_.~.,,,'J /I 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 Lo~ation: 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 April 20, 2012 Elizabeth Thompson, Architect 165 E 118th St#7A New York, NY 10035 RE: ZBA Application #6549, Swartz Dear Ms. Rivera: Transmitted for your records is a copy of the Board's April 19, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Vicki Toth Encl. Cc: Building Dept. ISlAND ./ 3.1 '® NOTICE C