Loading...
HomeMy WebLinkAbout6602 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 6, 2012 RE£.EIVED, / ZBA FILE: 6602 NAME OF APPLICANT: Emilia and I lya Kabakov SCTM# 1000-123-8-5 PROPERTY LOCATION: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14~14 to 23, and the Suffolk County Department of Planning issued its reply dated October 23, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 15, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The applicant's property consists ora total land area of 102,812 square feet, of which 100,854 sq. ft. is buildable land, with 162.50 feet along Park Avenue, 640.61 feet along the westerly side property line, 154.71 feet along the Great Peconic Bay and 638.80 feet along the eastern properly line. The property is improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 3,803 square foot single-family dwelling and 602 square foot deck, plus two detached buildings totaling 6,762 sq. ft. The architect's site plan dated September 19, 2012 was taken from the survey prepared by Nathan Tal~ Corwin, LLS dated 12/14/2011. BASIS OF APPLICATION: Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum. RELIEF REQUESTED: The applicant requests variances to construct a small two story addition to an existing accessory building at a height of 25.33 feet where the code permits a maximum height of 22 feet and for total square footage after construction of 4496 sq. ft. where the code permits a maximum square footage not to exceed 3% which would allow for total square footage of 3362 square foot. Page 2 of 3 December 6, 2012 ZBA File#6602 - Kabakov AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on November 15, 2012 submitted revised plans indicating no increase on the first floor; the total increased square footage of the proposed second story and reduced the proposed ridge on the second story from 25.33 ft. to a conforming 22 feet. ADDITIONAL INFORMATION: On December 6, 2007, the applicant received a variance under Board File #609 l, on this same accessory structure to maintain the height of 25.33 feet and for total square footage of 4174 sq. ft. However, the decision did deny any expansion of this large building to the north. The applicant at that time constructed a new detached storage building sometime after this variance was denied. At the hearing on Nov. 1, 2012 the applicant's agent was asked to define the proposed ridge height, and the proposed square footage to be added to the existing storage area. In a letter dated November 13, 2012, the architect submitted an amended plan with a proposed conforming ridge height of 22 feet which was a reduction from the 25.33 feet as applied for. He also indicated in the amended plan a second floor addition at 35.4 feet by 21 .l feet or 746.94sq. ft. and eliminated the first floor addition to the plan as originally applied for. At the public hearing the adjacent neighbor made no objection to the proposed additions but voiced concern about the possible impacts to shared power lines that would be caused by increasing the existing 22 foot high ridge to a proposed 25.33 feet. FIND1NGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 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: l. Town Law §267-b(3)(b)(1). Grant of the alternative relief wilt not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire area of Park Ave. is residential on both the north and southeasterly side. The applicant has a very large lot with two existing free standing storage buildings totaling approximately 6762 sq. ft. Both structures are in the code conforming front yard of this waterfront property and are not visible from the road because of their substantial setbacks. The new alternate plan simply proposes to square off the existing second story, and eliminates the need for a height variance by lowering the proposed ridge to a conforming height. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is requesting to add square footage to an existing storage building that is already non-conforming in size. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial because the existing storage building already exceeds the total square footage of 3% of total lot area per single accessory structure permitted by code. However the proposed second story addition of 746.94.sq. ft. will not increase the existing lot coverage, and is far less intrusive on the subject property than the construction of another large accessory storage structure which the applicant could build as of right. 4. Town Law §267-b(3)(b)(4) Although 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, at the hearing the immediate adjacent neighbors were concerned with possible impacts to the power lines that stretch over the existing storage building to their property. However, since the proposed ridge height as amended has been lowered to conform to the existing 22 feet, no alteration to the lines will be necessary. The applicant must comply with Chapter 236 of the Town's drainage code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The structure was originally built without the benefit of permits and was granted substantial variance relief in the prior decision. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive Page 3 of 3 - December 6, 2012 ZBA File#6602 - Kabakov CTM: 1000-123-8-5 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 alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional space on the second story of their existing storage building while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to Grant, the alternative relief requested, as shown on the architectural plans prepared by Mark K. Schwartz, Architect dated November 13, 2012 pages A-1 and A-2, subject to the following condition: 1. The accessory building shall be used for storage only, no sleeping or cooking facilities permitted. 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 ora 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 right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity.. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Schneider. Absent was Member Homing. This Resolution was duly adopted (4-0), Leslie Kanes Weisman, Chairperson Approved for filing/4~ //[ /2012 SCAI~: 1/8" = 1' 1 EAST ELEVATION SCALE: 1,~" = 1' WEST ELEVA'I-JON .~.E: 1/8" = 1' SOUTH SC.~.E: 1/8" = 1' BOARD OF APPEALS ~ [ E DECISION # DATED IAI ~ I,I A-1 2ND. FLOOR pLAN SCALE: 1/8' = 1' 1ST. FLOOR PLAN SCN_E: 1/8" = 1' FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ( c~l REVISIONS: SITE P~N SCAkE: 1" = 30'-0' MA~RATOOKA 5C V "' ' OF PROJECT: D~N~HAND~EN~ET~L~s~E*vED~T~LLTHE~L~R~AN~TH~T~AFEL~AT~N~*T~A~NT ~ND SURVEYOR, LIC.: 50467 ' '~:'5'~ % ( A) ANUNSHOREDVE*T~C~CUTSHOULBNOTEXCE~SFE~ONA~LO"EDSITE. IST. FLOOR PROPOSED ADDITION: ,'~ 5 PKOJ~ COMP[~ON: FINAL GRADE TO CON~OL RUNOFF BIRECTION TO ~AY ~,THIN S~E..~CH O~DE ALONG PERIM~ER =l ~ &/ MAP S-1 DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: IKCHITECT RK SGHWARTZ & ASSOCIATES 28495 Nlain R.; ¢ · PO Box 933 ', Curt hmguc. NY 11935 631.734.4185 [ wx~.nlksarchi~ccl.com November 13, 2012 TRANSMITI'AL RECEIVED To: Southold Town Zoning Board of Appeals P. O. Box 1179 Southold, New York 11971 BOARD OF APPEALS Prt~ect:. Kabakov accessory building 1700 Park Avenue Mattituck, New York 11952 (SCTM# 1000-123-08-05) From: Mark Schwartz, AIA We transmit the following - letter and revised plans - hand delivered on November 13, 2012 Remarks: Dear Zoning Board members, Mr. and Mrs. Kabakov and I have reviewed the Zoning Boards concerns with our application and we are requesting review for alternative relief. In lieu of expandIng the first floor and adding a second floor with a ridge height of 25.33', we are requesting only a second floor addition over the existirtg first floor and the proposed ridge height will be 22'. Please review the revised plans and call this office if you have questions or require additional information. Thank you very much for your professionalism. FINAL MAP PEVIEWEO BY I SEE DECI, ION # DATED ¢/pJoanne Minieri De uty County Executive and Commissioner COUNTY OF SUFFOLK Steven Bellone SUffOLK COUNTY EXECVT,VE Department of Economic Development and Planning October 23, 2012 RECEIVED BOARD OF APPEALS Division of Planning and Environment Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal File Number Kabakov, Emilia Lipovac, Denis & Suzana 6602 6607 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDO · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631)863-5191 OFFICE LOCATION: \f ~ (cot. Mo~n Rd. & Youngs Ave.) \/~ Southold, NY 11971 LOC~ WATERFRONT RE~T~IZATION PROG~ TO~ OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator Seuthhc!d Town Date: October 15, 2012 Re Coastal Consistency Review for ZBA File Ref EMILIA and ILYA KABAKOV #6602 EMILIA and ILYA KABAKOV #-6602 - Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM#1000-123-8-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "BB' and "F" which states: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney RECEIVED FORM NO. 3 NOTICE OF DISAPPROVAL OCT 01 01Z 13OARD OF APPEALS DATE: September 24, 2012 TO: Mark Schwartz for E & I Kabakov P O Box 933 Cutchogue, NY 11935 Please take notice that your application dated September 13, 2012 For permit for an accessory addition at Location of property 1700 Park Avenue, Mattituck, NY CountyTax MapNo. 1000- Section 123 Block~8 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed accessory addition is not permitted pursuant to Article li1t Section 280-15. In thc AC & Low Density Residential... Districts, accessory buildings and structures ... shall be ... subicct to the following requirements: B) Buildings with a sloping roof shall be subicct to the following height & setback limitations. The maximum height on lots over 80,000 sq. ii. is 22'. The proposed height is 25.33'. C) Such buildings...shall not exceed 3% (percent) on lots over 60,000 sq. ii. Upon completion, thc footprint of one of thc accessory buildings will measure approximatcl¥ 4496 sq. ii. Permit Examiner TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765~1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved ,20 Disapproved a/c ~/3'~/1~ (~'C~/ Expiration ,20 SEP 113 2012 PERMIT NO. RECEIVED o '1 o I 2017 BOARD OF APPEAi..S BUILDING PEFai~IIT APPLICATION CHECKLIST Do you ~ or need the following, before applying? Board of Health 4 sets &Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Building Inspector APPLICATION FOR BUILDING PERMIT Date t~.~ / [.~ / I Z., INSTRUCTIONS ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relatlooship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises avail'able for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuartce oX has no~ been co np eted within 18 months from such date. If no zoning ~h~nd~ents or other regulations affecting the property~have [~een 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. APPLICAT[0N IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinlmce of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the constrnction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, age(archite~ngineer, general contractor, electrician, plumber or builder Name of owner of premises '~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Loca. tion of land oAa which propos, cd work will be done: House Number Street County Tax Map No. 1000 Section / ~' ,~ Block I4a~let {9 ~ Lot Subdivision Filed Map No.~ Lot 2. State existing use and occupancy of premises and i~ended use and occupan~cy of proposed a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building. Addition Repair Removal Demolition Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars If business, commercial or mixed oc~cupanc,% specify tJimensions oI exigt]ng structures, if any: Front Height Number of Stories construction: Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor nature and extent of each type of Use, . Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size oflot: Front~'-~-~'' J~t/~ea~ Rear Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ]'~ 4`6) t2. Does proposed construction violate any zoning law, ordinance or regulation? yESy NO__ 13. Will lot be re-graded? YES NO ~'/Will excess fill be removed from premises? YES __ NO 14. NamesofOwnerofprej~ises /~'ff.~),/~/,,/' Address PhoneNo. ~7~ ~ff'~,,~O Name of Architect tJ ~'//'t,~-'~r/'7~ Address Phone No _'7.7.~ ~,~ a~O'' Name of Contractor Address Phone No. 1 $ 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/MAYt~tREQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES v/ 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. 18. Are there any covenants and restrictions ~vith respect to this property? * YES NO ¢~' · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF F/,ff~"a~: CONNIE D. BUNCH Notary Public, Stale of New York No. 01BU6185050. ~ . Quallfied rn Suffolk C~unty .,, Commission E-'(pires Apd144, ~ ~_..~t..,' //~_4~ g-- ~]'t&/,~/,4l'~ f ~-- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signin~ contract) above named, (S)He is the ,~]//~/" ,~. ~ ' ~(Contractt~r[A~eut, ~3orporate 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. Sworn to.before me this ~o~-~ dayo~~ Notary Public APPLICATION~ THE SOUTHOLD TOWN BOARD (~APPEALS . ~[ - ~l,g-~~:~ Date Assigned/Assignment No. Office Notes: /0Cl' Ol 2012 BIARD OFAPPEALS House No. 1700 Street Park Avenue Hamlet Mattituck SCTM 1000 Section 123 Block 8 Lot(s) 5 Lot Size 102,812 scl. ft. Zone R40 I (WE) APPEAL THE .WRITTEN DETERMINATION OF THE BU. ILDING INSPECTOR DATED ~ BASED ON MAP DATED O5 !]~/]~'~ Applicant(s)/Owner(s):.Emilia and Ilva Kabakov MailingAddress: 1700 Park Avenue Telephone: 631-298-6530 Fax #: Email: 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: Mark Schwartz, Architect for ~ Owner, or {-"} Other: Agent's Address: P.O. Box 933, Cutcho~ue, Ny 11935 Telephone (631) 734-4185 Fax #: (631) 734-2110 Emaih mksarchitect~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~]Applicant/Owner(s), or [~uthorized Representative, or [~)tber Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 09/] ~ ]1 Z~ and DENIED AN APPLICATION DATED 09/~//~ FOR: ~ '' ~Building Permit ~ [~Certificate of Occupancy []Pre-Certificate of Occupancy [~]Change of Use [~Permit for As-Built Construction [~])ther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article__~._ Section 280- f~t~ Subsection Type of_~ppeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [~A Variance due to lack of access required by New York Town Law-Section 280-A. [~lnterpretation of the Town Code, Article Section [~Reversal or Other appeaC~aas, A prior ]~l~]las not been made at any time with respect to this property, UNDER Appeal No. _]~_Year__. (Please be sure to research before completing this question or call our office for assistance.) 6 ~ 9 ! ~O0 ~ Name of Owner: REASONS FOR APPEAL (,~daltional sheet~ maF be used with preparer's signature): AREA VARIANCE REASONS: ~IVED OCT - 1 2012 BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: An undesirable change will not be produced in character to the neighborhood or nearby properties because the character of the addition is consistent with neighboring properties and will match existing structure and is within allowable roof heights as required by the town (2) The benefit sought by the applicnnt CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The benefit sought cannot be achieved by method feasible because the proposed addition will create an extension of the storage area for art sculptures and is critical for the owners. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the proposed addition is only 315 sq. ft. and the total lot coverage is 11.4%. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the profile of the addition will match existing. (5) Has the alleged difficulty been self-created? [~Yes, or [~No. Are there Covenants and Restrictions concerning this land: [~]No. [~es (vlease furnish comO. 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 ATTACHED USE VARIANCE SHEET: Sworn toJ~f_ol;e me this day of~. Notary Public USE VARIANCE IS BEING REQUESTED, COMPLETE (Please be su Signature of Appe'ffan~r A~no _rizedd orized Agent (Agent must submit wri~atton from Owner) Notary Public, State of New York Y28, 2~ £ ~ THE APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) r Applicant: Emilia and Ilya Kabakov Date Prepared: Au~'ust 27, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: front bump out wall on left side of house RECEIVED OCT - l ZO1Z BOARD OF APPEALS 11. New Construction Areas (New Dwelling orNew Additions/Extensions): Dimensions of first floor extension: overall: 11'-4" x 2?-7 1/2" Dimensions of new second floor: overall: 30'x33'-8" Dimensions of floor above second level: Height (from finished ground to top of ridge): highest point: 25'-6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no II1. Proposed Construction Description (Alterations or Structural Changes) (at~ach extxa sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 story storage connected with 2 story existing storage on North and South sides. Number of Floors and Changes WITH Alterations: 2 story (to match existing) IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 11,167 sq. ft. Proposed increase of building coverage: 322 sq. ft. Square footage of your lot: 102,812 sq. ft. (gross), 100,854 (buildable) Percentage of coverage of your lot by building area: 11,489 sq. ft. (11.4 % lot coverage) V. Purpose of New Construction: Extend portion of west side of existing structure to align with the north section of building. Existing outside stair to be relocated, connecting to existing deck (to be re-built for connection) with a new landing. Re-construct roof and floor to match with existing building. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Overall property slopes at approximatly 2% +/-. Property is grassey and wooded. Proposed adddition will have no ixnpact on wooded area. The proposed addition is minimal on the property and does not negativl¥ affect surrounding properties. 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 ~e ySUbject pre{x~s listed on the real estate market for sale? es I" I No RECEZVED OCT 0 1 2012 BOARD OF APPEALS Are there any proposals to change or alter land contours? _ [] No [~] Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? No 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? Yes 40 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? No Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? No 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? No yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If 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. Please list present use or operations conducted at this parcel Existing House (no change) Storage Building and the proposed use No Change (square off) · (ex: existing single family, proposed: same with garage, pool or other) Authorized ~ure and [ 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only RECEIVED OCT 0 1 2012 BOARD OFAPPEALS PART I - PROJECT INFORMATION (To be completed by A~pticant or Project Sponsor) 1 APPLICANT/SPONSOR [2. PROJECT NAME Mark Schwartz, Architect I Kabakov 3 PROJECT LOCATION: Municipality SouthoId County Suffolk 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 1700 Park Avenue Mattituck, NY 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Extend portion of west side of existing structure to align with the north section of building. Existing outside stair to be relocated, connecting to existing deck (to be re-built for connection) with a new landing. Re-construct roof and floor to match with existing building. 7 Initially · ~' acres Ultimately t / acres AMOUNT OF ND AFFECTED: 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX,STING LAND USE RESTRICT[ONS? ~Yes ~-~No If No. describe briefly 9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Descry:Residential r'-~ industrial [~] Commercial r'-] Agriculture r-~ Park/Forest/Open Space ~--~ Other 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE~RAL. STATE OR LOCAL)? ~ Yes [] No if Yes, list agency(s) name and pen'nit/approvals: 11. DO=O~S ANY ASPECiT_.~THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPRO~/AL? ~l~ Yes L~ No If Yes, list agency(s) name and permitJapprovals: 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? , CERTIFY THAT THE ~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment [ OVER PART II - IMPACT ASSESSMENT (To be~ompleted by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. [~Yes DNo B W~LLA~T~NRECEl~EC~RDlNATEDREV~E~ASPR~DEDF~RUNL~STEDACTi~NSiN6NY~RR~PART61~.6? IfNo, anegative declaration ma)' be superseded by another involved agency. F"'~ Yes r-lNo C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if tegible) C1 Existing air quality surface or groundwa er qua ty or quanti y, no se eve s, ex sting traffic pattern solid waste production or disposal, potential for erosion, dra nage or flooding problems? Explain briefly: C2. Aesthetic, agricul ura, archaeological, historic, or other natural or cultural resources; or commun y or ne ghborhood character~. Explain bdefiy C3 Vegetation or fauna, fish shellfish or wildlife species, s gnificant habitats or threatened or endange~d species? Explain bdefly: C4. A community's existing plans or gce s as officially adopted, or a change in use or intensity of use of land or o her natural resources? Explain 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 identified in Cl-C57 Explain briefly: C7, Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: OCT 0 ] 20f2 I~OARD OF APPEALs D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? ~L..J Yes [] No If Yes, explain briefly: E IS THERE, OR S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS9 [] Yes [] NO If Yes, explain briefly: PART Itt - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately 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, ] ~heckthisb~xify~uhaveidentifled~ne~rm~repetenfi~iyIarge~rsigni~centadverseimpactswhichMAY~ccur ThenproceeddirecttytotheFUL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documen a ion, hat the proposed acfion WILl NOT result in any significant adverse envirenmental impacts AND provide, on attachments as necessary, the reasons supporting this determinafior Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) The Town of Southold's Code of Ethics prohibits conflicts of interest on the oart of Town officers and employees. The puroose of this form is to provide informatiom which can alert the Town of possible conflicts of interest and allots, it to take whatever action is necessary to avoid same. (Last name, first name. middl~ initial, unless you are applying in the name of someone else or other entiV,.', such as a company If so, indicate the other person or company name.) br0g RECE~/ED NATURE OF APPLICATION: Tax Grievance Variance Special Exception If "Other", name the activity :. (Checi all that appb.) Change of Zone L 1 Approval of Plat L / Exemption from Plat or Official Map [ ] OCT 0 1 ?017 BOARD OF APPEALS Do you pemonally, (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 mom than 5% of the shams. Complete the balance of tt~s form and date and sign bclow wherc indicated. Name of person employed by thc 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 (beloxx) and/or dcscribe the relationship in the space provided. ~he Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): I [ [ I A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); I B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ] C) an officer, director, partner, or employee of the applicant; or J D) the actual applicant. DESCRIPTION OF RELATIONSHIP g Ublnltted thi day Signature: Print Name: RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OCI' 0 X BOARD OF APPEALS .WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area varlance or subdivision approval on property within an agricultural district OR within SOO feet of a farm operation located in an agricultural district. ~Ill applications requiring an agricultural data statement must be r'Feferred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the. General Municipal Low. 2. AddressofApplicant: /~'# ~,,0~/ 0.,.? T C~7'~t~'6'~ t//~:~'~'d 3. Name of Land Owner (if other than Applicant):- -~'.~//~./,~- LF~t t~,~,t~ ~'1/ ' 4. AddressofLandOwner: l T Oa la' lq ' 5. Description of Proposed Project: ~[D~rT~'A~ ~ /r~.~t.//~'TA.~ ~, r'~'.~/'~" Location of Property: (road and Tax map number) l T aa Is the parcel within 500 feet ora farm operation? { } Yes {~'No/ Is this parcel actively farmed? { } Yes ~ No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers wilt be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses fi.om the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional properly owners) -/~/Signature o~ Ap~f'c ~an~/ Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this stat~nent. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics nrohibits conflict~ of interest on the Dart of town officers and emnlovees. The nurnose of this form is to nrovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name. f]rst nan~, n~ddle ~tial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) __ C) an officer, director, partner, or employee of the applicant; or __. D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~'~x day of~_, 20 ] ~ Signature Print Name Town of Southold OCl 0 1 2012 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits' and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 126 _04 .17.2 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Proposed additions and alterations to existing one story cottage to expand living area. New drywells to coUect roof runoff and new septic system is proposed. Location of action: 1700 Park Avenue, Matfituck Site acreage: 102,812 sq. ft. RECE~/ED OCT 0 1 2012 BOARD OF APPEALS Present land use: Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Emilia and Ilya Kabakov (b) Mailing address: 1700 Park Avenue (c) Telephone number: Area Code ( )631-298-6530 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes r~ 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 of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No ~ Not Applicable The project entails additions and alterations to the existing residential structure in a heavily developed neighborhood. Policy 1 is not applicable to the project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes ~ No [] Not Applicable The subject propert~ does not contain nor does the proiect affect historic or archeolo§ical resources; nor is the proiect located in a historic maritime area. Policy 2 is not applicable to the proiect. Attach additional sheets if necessary RECEIVED Policy 3. Enhance visual quality and protect scenic resources throughout the T~]lO~fl~l[~ See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [7] Yes [] No [] Not Applicable To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenance of the well vegetated area buffering the developed portion of the site from the tidal wetlands of Great Peconic Bay. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ill - Policies Pages 8 through 16 for evaluation criteria Yes-- [] No ~ Not Applicable The project does not address nor affect erosion control structures or other erosion / flooding control initiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. See LWRP Section II1 - Policies Pages 16 through 21 for evaluation criteria ~7] Yes [] No [] Not Applicable The proposed project is consistent with Policy 5 via installation of a drainage system of drywells to control manage and recharge storm water runoff Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No N Not Applicable This project will be consistent with Policy 6 for the same reasons described for Policy 5; because there will be no loss of wetlands and because the statutory and regulatory requirements of both the Southold Tovm~ Trustees and the New York State Department Conservation will be complied with. R~CEZVED Attach additional sheets if necessary I~O~D OF.~PPE~,~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes ~ No [] Not Applicable The project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southoid from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~] Not Applicable The proiect will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable tothe project. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Ye~ No ~ Not Applicable The project is limited to the upland portion of the property, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pecoldc Estuary and Town waters. See LWRP Section II1 - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable The project neither proposes nor affects commercial or recreational fisheries or other uses associated with living marine resources of Long Island Sound. Policy 11 is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lauds in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No [] Not Applicable The project affects neither the use nor development of energy axtd mineral resources. Policy 13 is not applicable to the project. Created on 5/25/05 11:20 AM 1700 Pm-k Avenue BOARD OF AppEALS Mattimck, NY 11952 Au~st 27, 2012 To XWhom It May Concern: I, Emilia Kabakov, aufl~orize Mark Schw~z, .MA - ~chitect, to act as agent for pemfit applications to tim Soufl~old Zoning Bo~d of Appeals m~d the Sou~old Bnilding Department. I also consent to inspection of this prope~' by ~e doremenfioned aufl~ofifies. The proposed residential construction project is located m 1700 Park Ax enuc, Ma, inlck (SCTM~ 1000-123-08-0,5) Sincerely, Emilia Kabakov v _ / 3 APPEALS BOARD MEMBERS James Dinizio, Jr,, Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Amgx/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVEO BOARD OF APPEALS http://southoldtown.no~hfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED DEC 18 MEETING OF DECEMBER 6, 2007 loulhold Town Cledt ZB File # 6091 - Ilya and Emilia Kabakov Property Location: 1700 Park Avenue, Mattituck CTM 123-8-5 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. ~WRP CODE CHAPTER 268: A letter dated October 24, 2007 was submitted to the Board of Appeals confirming the applicant's proposed action is exempt from review pursuant to Chapter 268-3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275 (Wetlands and Shorelines). 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 October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area of 103,058 square feet, with 162.50 feet along Park Avenue (a/k/a South Road), and a depth of 641.14 feet along the westerly side property line. The December 8, 1998 survey prepared by John T. Metzger shows the property to be improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 2,790 square foot single-family dwelling and 346 square foot deck, plus two detached buildings. The architect's site plan shows updated construction existing at the same premises, with as.built additions connecting and extending the preexisting, nonconforming accessory buildings, and shows the proposed new area of 1,800 square feet. The existing accessory structure consists of Page 2 - December 6, 2007 ZBA File #6091 - Erailia Kabakov CTM 123-8-5 RECEIVED three sections totaling 4,174 square feet (858 sq. ft. and 1516 sq. ft. garage areas~iRO OFAPPEALS as-built 1800 sq. ft. storage area). BASIS OF APPLICATION: This application is based on an application for a building permit and the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line, citing Sections 280-15 (B and F) for this waterfront parcel. Code Section 280-15B states that buildings on lots containing over 80,000 square feet in size are limited to 22 feet in height (maximum) and in a location not closer than 25 feet from any property hne. Code Section 280-15E states these building may be located in the front yard while meeting the side yard setback requirements for accessory buildings in Section B above for a waterfront parcel. The new addition, and the as-built structure built without town approval, are not permitted under Code Section 280-15C. This code provision states that: "On lots over 60,000 square feet~ no accessory building shall exceed three (3) percent of the total size of the property. The garage with the "as built" construction already exceeds the code limitation of 3092 sq,~re foot (or 3%) with 5,974 square feet of coverage by the existing conditions. The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests area variances pertaining to the section of the accessory structure which was built without town approval. The as-built construction is +/- 25 feet in height, greater than the current code limitation of 22 feet in height (to the top of the ridge) and results in 4174 square feet, or 4% of the parcel size, greater than the current code which limits the size of an accessory building to 3% (3,092 square feet) of the parcel (103,058 square foot parcel). The setback is conforming at 25 feet from the side line. Also requested are area variances related to the proposed additional module of 1,800 square feet adjoining the as-built accessory building. This new construction would increase the size of the buiJding to a total of 5,974 square feet (or 5.8%). It would also exceed the current limitation of 22 feet in height with its proposed 25 feet in Page 3 - December 6, 2007 ZBA File ~6091 - Emi]ia Kabakov CTM 123-8-5 RECEI'VED OCT 0 ! 2012 height, and when proposed with a 22 foot setback, would also be less than thel~gO OFAPPEALS minimum of 25 feet from the eastern property line on one corner. REASONS FOI~ BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3}(b~(3~(1). Grant of the variance will oroduce an u~desirable chang9 in the ~h~r~-~r of the neighborhood or a detriment to nearby vrooerties. A: Grant of the variance concerning the additions to the accessory building will produce an undesirable change in the character in the neighborhood or a detriment to nearby properties. This will be the only 103,058 square foot parcel in the area having a single accessory building of a size greater than 3% of the parcel size. B: Grant of the variance concerning the as-built addition will not produce undesirable change and allows the large-scale paintings to be properly stored in the existing as-built building. Also, the property is heavily wooded with a depth of over 600 feet. All of the adjoining lots are also heavily wooded with long depths, but no other lot has the same number of garage expansions in a single accessory building consisting of 5,974 square feet. 2. Town Law .~267-b(3}(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit sought by the applicant cannot be achieved by some method. feasible for the applicant to pursue, other than an area variances for the existing as- built accessory building. However, the requested new increase for an additional module (1,800 square feet) can be achieved without an area variance. 3. Town Law .~267-b(3}Co)¢3}. The variances requested herein are substantial. The variance requested in relation to the size of the accessory building with a new module would be 5,974 square feet, greatly in excess of the building size limitation of 3% (maximum) of the parcel size, and is substantial resulting in 5.8% of the parcel size. The relief requested results in 60% of a variance over the code allowance for building size. While the as-built storage building currently meets the code-required setback of 25 feet, a variance is necessary concerning its size, currently 4,174 square feet, and for its nonconforming height over 22 feet. The requests for the height is not substantial, representing 13% variance from the code allowance of 22 feet to the top of the ridge. 4. Town Law ~267-bf3)(b)(5). The difficulty was self created. The premises was acquired with accessory buildings on the property. Page 4 - December 6, 2007 ZBA File ~091 - Emilia Kabakov CTM 123-8-5 RECEIVED BOARD OF APPEALS 5. 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. 6. Grant of the variances concerning only the as-built section of the existing storage building is the minimum necessary and adequate to enjoy the benefit of storing the large-scale paintings and other large works of art, 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 Oliva, seconded by Member Weisman, and duly carried, to DENY the variances, as applied for, without prejudice, concerning the proposed additional construction to this accessory storage building; and to GRANT the variances, as applied for, concerning the as-built accessory building. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly~adoptedt(5~0). /5"~e~ Di~izio Jr.~ C~irm~[n '12/ ¥2007 / Approved for Filing R£CE~YED ~OARD OF APPF..AI~ NORTH ELEVATION SECTION RESIDENCE MATDTUCK SCULPTURES J ARCHIVES ARCHrVES WORKSHOP PROPOSED ADDJDON -- 50'-2 EXISTING ACCESSORY STRUCTURES sc~: 1/16': f-o' AND ELKVATIONS A FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY OCT 0 1 2012 OF ~0: Z-34609 Date: 10/13/10 THIS ~s~TIFT~q that ~h~ b~ildi~g ADDITION TO ACCESSORY Locatio~of Pro~er~y: 1700 P~K A~ ~I~ (HOUSE NO.) (STREET} (~ET) ~y ~ ~ ~. 473889 ~i~ 123 Bi~ 8 ~t 5 ~si~ Fil~ ~p ~- -- ~t ~. -- confo~s s~stantially to the ~plication for Building Pe~it heretofore fil~ in ~h{s offi~ ~t~ SE~E~ER 15, 2009 ~mnt tO ~ ~fl~ ~t ~. 35178-Z ~t~ NO~ER 24, 2009 was issued, ~d confo~s to all of the retirements of the applic~le provisions of the law. The occup~cy for which this certificate is issued i8 SECO~ S~RY ~DITION (S~E O~Y TO ~ EXISTING NON-~IT~LE ACCESSORY GARAGE AS APPLIED FOR. T~ certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. ~uww~K(~Ou~a-fD~ART~T OF ~THAPP~O%~RL N/A ~.~ICA~T/FICAT~O. 134031C 09/10/10 Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Rall Southold, N.Y. RECEIVED OCT 01. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY 1~o: Z-33712 Date: THIS C~I~TIM~S that the buil~-g ACCESSORY Locati~of P~u~erty: 1700 PARK AVE (HOUSS NO.) (STREBT} (HAMLET) County TaX~l~NO. 473889 Sectic~ 123 Block 8 Lot 5 MATTITUCK Subdivision Filed MapNo. __Lot NO. __ conforms substantially to the Application for Building Permit heretofore filed in ~hia office 4ated MARCH 10¢ 2008 pur~,=-t to ~hich B~i~W~-g Pez~it NO. 33738-Z d~t~ MARCH 17~ 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY BUILDING AS APPLIED FOR PER ZBA #6091 DATED 12/6/7. The certificate is issued to EMILIA & ILYA KABAROV (OWNS) of the aforesaid building. ~UM~CO~X~DEPA~T~TOFHP&%LTH~(FFAL N/A ~,~CT~XCAL~acI~FICAT~O. 125654C N/A 02/27/09 ~Au oft ze~ Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~I~CEIVED OCT 0 1 01g BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-33371 Date: 11/03/08 THIS %-K-TIFIP~ that the building ADDITIONS & ALTERATIONS I~)cationof Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (~AMLET) County Tax MapNo. 473889 Sectio~ 123 Block 8 Lot 5 Subdivision Pile~MmpNo. __ ~ot ~o. -- conforms s%lbstantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 30~ 2008 l~lr~,~-t to which Building Per, it No. 34193-Z dated SEPTEMBER 30, 2008 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 ALTERATIONS AND ADDITIONS, INCLUDING DECK AND SECOND FLOOR BALCONY, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. T~ certificate is is~_e~ to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. uue'eOI.1c ~ DEPARTg~T OF II]~ALTH APPROVAL ~I~CTl~I~/~u C~K-[IFICAT~ !lO. ~NS CERTIFICA?IOI~ DA~-~ 07/07/06 103314C 08/30/08 CUTCHOGU~ EAST PLUMBING Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.¥. RECEI'VED OCT 0 1 20 2 BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-30859 Date: 04/19/05 II{IS u~TIFIEB that the bu/ld/ng ADDITION Location of Property: 1700 PARK AVE (HOUSE NO. ) (STREET) (HAMLET) Cou~xty Tax Map No. 473889 Section 123 Block 8 ~ot 5 MATTITUCK ~ub~i~rision File~MaDNo. -- ~ot No. -- conforms substantially to the Application for Building Permit heretofore file~ in this office ~ated FEBRUARY 24~ 2004 Dura,ant to w~ich Building P~l~it No- 30127-Z R~te~ MARCH 2, 2004 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 ADDITION TO EXISTING ACCESSORY STORAGE BUILDING AS APPLIED FOR. The certificate is issue~ to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. =u=~OLK ~30}~'YDEP~R~I~qT OF H~ALTH A~PROVAL N/A EI~_-£KICA~ C~?IffICAT~ ~O. 2008377 PLU~S C~RTIFICATIONDA'£~u 04/07105 Rev. 1/81 RECEIVED OC~' 01 BOARD OF APPEALS Rog ;-26297 Date; 02/23/99 (HOUSB NO. ) (STRBBT) (HAMLI'T) Rev. 1~-479698 02/10/99 N/A Bu.U. at.~g Xn.l~or FORE NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED OCT 0 1 201 BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: g-25619 Date: 04/01/98 TNIS CERTIFIES that the building ~DDITION Location of Property~ 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (H~MLET) County Tax Map No. 473889 Section 123 Block 8____ Lot 5 subdivision Filed Map No. __Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 3, 1998 pursuant to which Building Permit No. 23382-Z dated APRIL 22~ 1996 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 RESIDENTIAL STUDIO ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KAUAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF ~EALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-396897 09/12/96 PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 TOWN OF SOUTflOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK OCT 0 CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES BOARD OF APPEALS THIS IS TO CERTIFY that the Land Building(s) Use(s) Pre C.0. #- Z-]2418 Date-April II, 1984 located at 1700 Park Avenue Hattituck, Hew York Street Hamlet shown on County tax map as District 1000, Section 123 , Block 8 , Lot 5 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: ACCESSORY GARADE IN FRONT YARD, WITH ATTACHED ACCESSORY SHEDS. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~7 Land ~ Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: 2 Story frame house; fra~ed garage with attached sheds; wooden bulkhead. 'A' Resident£al-AHricultural zoned. The Certificate is issued to J.STANLEY PARKIN & L. VIRGINIA PARKIN of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regulations. B u i~f'i~ g Inspect-or AFFIDAVIT RECEIVED BOARD OFAPPEALS Premises: l~Park Avenue Mattituck, NY STATE OF NEW YORK ss: COUNTY OF SUFFOLK J. STANLEY PARKIN, being duly sworn, deposes and states as follows: That I am the owner of the house described on Suffo!k County Tax Map as 1000 - 123- 8 - 5; That I believe that said house was constructed prior to the issuance of a Certificate of Occupancy and has been used for many years as a residence and is, in my opinion, suitable for single residential purposes. ~ry Pu~tc p~RK RECEIVED PE¢ON/C BAY BOARD OF APPEALS ,YOUNG & YOUNG SUEVEY FOE: STANLEY PARK~N & LVIRGIN~ ~RKtN ~T ~. 16 8 ~RT ~ ~T NO, 17 ~ AN ~F M~ATO~ ~ ~RK,~Y ~ BU~W A~ MATTITUCK ,ow. ~ ~ ~./~ FORM NO. g TOWN OF ~OUTHOLD BuiMing Department Town Hall ~uthold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY RECEIVED BOARD OF APPEALS A. This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with __,y_',~rate location of all buildings, property lines, streets, and unutual natural or topographic features. 2.Final approval of Health Dept. of water supply and sewerage dispotel-(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the buildin~ E.Submit Planning Board approval of completed sits plan requirements where applicable. 9. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and 'pre-existing" land utes: 1. Aceumte survey of peoporty ~howing all property lines, streets, buildings and unu~ust natural or topographic fcetums. 2.Sworn statement of owner or previous owner es to ute, occupancy and condition of buildings. 3. Date of any housing code or safety inape~tion of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $5.00 / 2. Certificate of occupancy on pre-existing dwelling / land ute 3. Copy of certificate of occupancy $1.00 --Pre-Existing C.O. $15.00 Vacant land C.O. $ 5.00 o,te ....... New Building ............. Old or Pre-existing Building . ...~. ....... Vacent Land ............. Location of Propony . ,/...~:~e.. ..... . ./~.~?. ~...~..V.~'..,~,..~'. .... . .~..~., .r~../..??.~.,. ~..~'.. ........ Cconty Tax Map No. 1000 Section .... /, .~..~. ...... Block ...... ~.. ...... LOt....'~. · .......... Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept Approval ........................ Underwriters Approval ........................ Planning Board Approval .. f..~-~. .............. Request for Temporary Certificate ................ Final Certificate..~/~4. r ~.~. ....... Fee Submitted $. ! ."q. ~ .................... TOWN OF SOUTHOLD P~ROPERTY RECORD CARD OWNER FORMER O~NN ER IMP. STREET N S VL. TOTAL FARM DATE VILLAGE E W COMM. REMARKS DISTRICT SUB. ACREAGE ~ TYPE OF BUILDING LOT BOARD OF APPEALS -~ ~r~1 CB. Farm 22, ~'~ Tillable Tillable Woodland Swampland House Plot Tota I ~JNN~O 123.-8-5 10/10 Porch Porch Bath Floors Interior Finish Hec~ Attic Rooms 1st Floor 123.-8-5 1/07 Extension 3,_5'0 3/3-0 PC Foundation ce Fin. B. Bath Dinette FULL COMIBO Basement CRAWL PARTIAL Floors Kit SLAB Ext Walls Interior Finish LR Fire Place Heat D.R. Woodstove BR Dormer Baths Dec k O~" [? Dock z/'o5 Fam, Rm. 0 t. 2012 COLOR TRIM 1st 2nd 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 Fox (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2012 RE: Zoning Appeal No. 6602 Transmitted herewith is Zoning Appeals No. 6602 of Mark Schwartz for Emilia & llya Kabakov the Application to thc 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, Authorization Letter from Emilia Kabakov to Mark Schwartz to Represent Them in this Matter Dated August 27, 2012, Notice of Disapproval from Building Permit Dated September 24, 2012, Copy of Application for Building Permit Dated September 13, 2012, Copy of Certificate of Occupancy No. Z-34609 for a Second Story Addition Accessory Garage Dated October 13, 2010, Copy of Certificate of Occupancy No. Z-33712 for Accessory Building May 14, 2009, Four Pages of Findings and Determinations Dated December 6, 2007, Floor Plans & Elevations for Proposed Addition Dated September 21, 2007, Copy of Certificate of Occupancy No. Z-33371 for Alterations and Additions, Including Deck and Second Floor Balcony Dated November 3, 2008, Copy of Certificate of Occupancy No. Z-30859 for Addition to Existing Accessory Storage Building Dated April 19, 2005, Copy of Certificate of Occupancy No. Z- 26297 for Accessory Garage with Non-Habitable Storage Area Dated February 23, 1999, Copy of Certificate of Occupancy No. Z-25619 for Residential Studio Addition Dated April 1, 1998, Four Pages of Certificate of Occupancy for Non-Conforming Premises for Attached Sheds; Wooden Bulkhead Dated April 11, 1984 Including Affidavit, Survey from Young & Young & Application for Certificate of Occupancy, Two Pages of Property Record Cards, Two Pages of Drawing Showing Elevations Dated September 19, 2012 Prepared by Mark Schwartz, Site Plans and Drawing Dated September 19, 2012 Prepared by Mark Schwartz Architect. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/02/12 * * * RECEIPT * * * Receipt: 142550 Transaction(s): 1 1 ZBA Application Fees Reference 6602 Check#:8118 Total Paid: Subtotal $500.00 $500.00 Name: Kabakov, Emilia 1700 Park Ave Ma~ituck, NY 11952 Clerk ID: CAROLH Internal ID: 6602 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/02/12 * * * RECEIPT * * * Receipt~: 142552 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6602a $500.00 Credit Card Total Paid: $500,00 Name: Clerk ID: Schwartz, Mark Po Box 933 375 Fishermans Beach Road Cutchoaue, NY 11935 CAROLH Internal ID: 6602a 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 t179 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 1, 2012 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 1'179, Southold, New York 11971-0959, on THURSDAY~ NOVEMBER 1~ 2012: 10:45 A.M. - EMILIA and ILYA KABAKOV #6602 - Request for Variances from Article III Section 280-'15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: t) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: '1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM#'1000-'123-8-5 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) 766-'1809, or by emaih Vicki. Toth~.Town. Southold.ny.us Dated: October '17, 20'12 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box '1'179 Southold, NY '1'197'1-0959 TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Aplblicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NEWFRK) I, _/~..~_ t)C./~/lq/~ residing at C(-~5~. ~ ,New York, being duly sworn, depose ~d say that: On the ~ day of ~~ ,20~, I personally placed the Tom's Official P6ster, with ~e date df heming ~d nm~e of my application noted thereon, securely upon my prope~y, located ten (10) feet or closer from ~e street or right-of- way (driveway entrance) - facing the street or facing each s~eet or right-of-way entr~ce,* ~d that Sworn to before me this Day of O C~ , 201 (Notary Public) 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 /I/ri/ ttd'~ t~ .' ~f' q(gnature) VICKI TOTH Notary Public, Stata of New York No. 01T06190696 Qualified in Suffolk Coun? . Commission Expires July ?8 (} I * near the entrance or driveway entrance of my property, as the area most visible to passerby. · 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 mailp~ece, or on the f~ont if space permits. 1. Article Addressed to: [3. is delivery addmss dlff~m~t from ltem l? [] No. if YES, enter delivery address below: William F. Edwards Amei Wallach P.O. Box 1426 Matfituck, New York 11952 Mall I-I E~pmss Mail [] Reglstsmd I-I Retum Receipt for Memhandlse [] Insured Mell [] C.O.D. ReStricted De[Nery? (Extra Fee) [] yes ~ 2. A~icleNuml:~ 7011 0110 0002 5166 9460' PS Form 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS '(Nme of ~.pplicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, ,/~/~-~ ~J~t~.-~'-'2 residing at ~'~'~'~f ,~"(,~Z',,t./~ New York, being duly sworn, deposes and says that: ~' c~-tt~ ~ Onthe /7]C,dayof , 20/ ~, I personally mailed at the United States Post Office in 12 ~ t~ ~'~,~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQIjEST~D, 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.,~r private street, or vehicular right-of-way of record, surrounding t~n~t'ty. "r~gnature) Sworn to before me this ,fl / day of 0 C_-7[_ ,20 (Notary Public) VICKI TOT~t Notap] Public.State of New , ..Nc? 01'[O6190696 Qua ed in Suffolk County Commission Expires July 28, 20 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. item 4 if Restricted Deliver/Is desired. · Pdnt 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 front if space permits. 1. Article Addressed to: Roger E. Schwed Laura Dukess 225 W. 106th Street Apt. llA New York, New York 10025 3. ~3e~ MaiI I-I Express Mall [] Re~a[~;I [] Return Receipt for Mmchandise [] Inaumd Mall [] C.O.D. 4. Restricted Delive~ (Extra Fee) [] Yes PS Form 3811, Februery 2004 7011 0110 0002 5166 Domestic Return Receipt 9491 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery 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 mailpiece, or on the front ff space permits. 1. ArticleAddressedto: Ann L. Knudscn Management Trt 168 East Beverly Pkwy Valley Stream, New York 11580 2. A~tic~e Number ~,~f~,. from service label) , 7011 0110 [] Registered i-I Return Receipt for Memhandlse [] Insueed Mall [] C.O.D. 4. Re~ Delivery? (Extra Foe) []Yes 3002 5166 9484 PS Form 3811, February 2004 Domestic Return R~ceipt 1025~5~2-M-1540 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEAP,INGS: 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 ://southt own.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 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 Times Review newspaper. 1) Before October 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al/owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, P, iverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq 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 hearin,q, providing the returned letter to us as soon as possible; AND not later than October 22nd: 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 October 24th : 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 Postinq for receipt by our office before October 30, 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KABAKOV, E. # 6602 SCTM #: 1000-123-8-5 VARIANCE: HEIGHT & MAX. SQ. FTC. ALLOWED REQUEST: ACCESSORY ADDITION DATE: THURS., NOV. 1, 2012 10:45 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS:, COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southoid, 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 25th. day of October, 2012. Sworn to befor.§, me this LEGAL NOTI~ $OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAy NOVEMBER 1, 2012 280_,~a~. f~ ~cl.e. X~I!! Section pmval {~{~on an aRPlicatioa~.r build. secone story i:e-coni~n t6:in exist ins single,family dwellln~,et,~t)desm t h~n th~ cc~ {-equiied ~: ~ide setback of 15 feet, 2) less than [he ROad (adj. to Peconic Bay) C)utchngue, N~ SCTM#1000.118-6.6 ~L]~{~ - equest for Variances 1 week(s), successfully commencing on the Principal Clerk on an application for building permit to construct an addition to an existing accessory bu0ding at: 1) more hah the code permitted maximum height of 22 feet, 2) more than the cede permitted square fOOtage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Pe- Mattitock, NY. s -pMgl _ - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at: 1) less than the code required front yard set- back of 40 feet, both ~treets on this cor- ner lot, h~cated at: 320 Fleetwood Road (~r H~t6&':~,venhe) C~tohngue ~. sct~vi~looe-i~oA-13· ..... n - Request for Vari- ances/rom Article XXIli Sec0oU 280- 1~4 and th~ Builaing Inspectb+'s JUly 27. 2012; updated October 4i 20I;2 Notice of Di~roval based on an ap,.p/.ication for buititlng.permit for'.,a~ built shed and deck'additi0n to an e~ting single fam- ily ~iwel/ing at: 1) ]ess tilan the code.re. qui~ed minimum side yard setback of 10 feet; 2) less than the code required re'ar yard setback of 35 feet, located atz 2085 Bay Avenue (adj: to ~on ~e) ~ast ~ '[~s is,a tequ~ for a Waiver Of #1000.104-2.24, based on the BUildi luspect°l's June 14, 2012, updated Se~ tember 10} 2012 Notice of Disapproval, which states adjoiuing cOnforming or nonconforiuing lots held in common Ownership sbell merge until the total lot s~ze conforms to the current bulk sched- ule (minimum 40.1100 Square feet in this ~AO Residential Zone Distr/ct) this lot ~s merged with lot 1000-104-2.23, located at: 1375 and 1475 Sterling Road (corner 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. O1 VO6105050 Qualified in Suffolk County My Comtnlsslon Expires Feb~uo{y 28, 2016 Herren Road) Cutchogue, NY. SCTMO's 1000-104-2-24 & 23 ~ P2M.. BEE.Hiy~.c~F.~LOP' ~ ' Request ~or Va~ 116(B). ba~d on thc Buildi~ Ins~tor's setback of 75 feet ~om a bu~ead, Beverly Rd.) (adj. to ~hmomaquc 8~1~52-2q4 ~- R~u~t for an a~on for bufld~g pe~t for required front yard setback of ~ feet, ~th streets on this comer lot, located at: 1240 Inlet Dhve (comer Miriam Road) The Board of Appeals will hear all persons or their' representatives, desir- ing to be heard at each hearing, and/or desiring to submit w~itten statements before the conclusion of each hearing. Each hea~bg will not start earlier than des!guated above. Fdes are available for rewew during regular business hours and prior to the day of the hearing. If you have questions, please cOntact our office at, (631) 765-1809, or by email: Dated: October 17. 2012 ZONING BOARD OF APPEAIL~ LESLIE KANES WEISMAN, CHAIR- PERSON BY: V'u:kl Toth ~;~375 Main Road (OIr~e 53095 Main Road (M~II~/USPS) 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 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6602 October 2, 2012 KABAKOV, Emilia 1000-123-8-5 Dear Mark: We have received an application for accessory addition exceeding height and maximum square footage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie ~eisrn/m Chai?rs~(~ i~ By: ~,j~ 74~ Office Locafion: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 2, 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 # 6602 Owner/Applicant: KABAKOV, Emilia Action Requested: Accessory addition, exceeding height and maximum sq. ftg. allowed. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours1 Encls. Lesl~e'~.,. Weisma~, , By:l,~'~l)VV \ (..)VV~-~- ~ODfTION B FRONT ELEVATIO~ SCALE: 1/8" = 1' RIGHT ELEVATION SCALE: 1/8" = 1' RECEIVED BOARD OF APPEALS REVISIONS: Z A-1 ~ t 1LEVIS[ONS: . mmm frftt ......................................... [,J-1 iST, FLOOR PLAN z ~ I~ SCALE: 1/8" = 1' · < . < < < < . RECEIVED 2ND. FLOOR P~N A-2 ~: 1/8" = 1' REVISIONS: MARRATOOKA POND [ ^%,^~Io~K] DEEP HOLE CREEK $38.8' 511°13'0" E FRAME BUILDING 2 gFORy FRAME BUILDING I X'x/ [ co~c ~ ~ EXISTING 2 5~. ~o,=~, ~o~,~ P E C O N I C 640.61',I SCALE: 1" = 30'-0' MAP, RATOOKA ROAD SITE DATA: DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: SEQUENCE OF PROJECT: $CTM # 1000-123-08-05 MEETS AND BOUNDS BY: J NATHAN TAFT CORVqIN II ~ LAND SURVEYOR, LIC.: 50467 L SURVEYED: 12/14/2011 15T. FLOOR PROPOSED ADDITION: BOARDOFAPPEALS PAINTER TO PRIME AND PAINT ALL DOOR EDGES TO MAINTAIN GENERAL CONTRACTOR TO COORDINATE MEETING WITH O'OgN ERS FOR APPROVAL OF ALL ROUGH EZECTRIC, PLUMBING, AND HVAC PRIOR TO INSULATING AND SHEETROCKING 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 December 7, 2012 Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 RE: ZBA Application #6602, Kabakov Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's December 6, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. Sinc?ely, ~ ~ ~ Vicki Toth Encl. Cc: Building Dept. MATCH LiNE NOTICE Real Property Tax Service Agency I ¥