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Home My WebLink About6600 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 . RECEIVED · I 765 9064 n-~ /~ 6 ~ ~"~ Tel. (631) 765-1809 Fax (63) - ~ · FINDINGS, DELIBERATIONS AND DETERMINATION , ~J_ .. _' - [ MEETING OF DECEMBER 6, 2012 ~outhold Town Clerk ZBA FILE: 6600 NAM E OF APPLICANT: Michael and Debra Thompson SCTM# 1000-118-06-06 PROPERTY LOCATION: 9280 Nassau Point Rd.(adj. to Peconic Bay), Cutchogue, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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 19, 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 25, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone and is improved with a single family dwelling and accessory shed and in-ground swimming pool. It has 171.79 feet on Nassau Point Road, 481.14 feet on the southern property line, 100.05 feet on Peconic Bay and 624.02 feet on the northern property line as shown on the site plan dated November 6, 2012 prepared by Mark K. Schwartz, Architect. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-122A and the Building Inspector's September 20, 2012 Notice of Disapproval, updated November 8, 2012, based on an application for building permit for partial demolition and second story re-construction to an existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yard setbacks of 35 feet. RELIEF REQUESTED: The applicant requests variances to: 1) maintain the existing northerly side yard setback of 10.1 feet where the Code requires a minimum of 15 feet, and 2) to reduce the combined side yard setback from the existing combined of 32.2 feet to a proposed combined of 30.1 feet, where the Code requires the combined to be a minimum of 35 feet. All as shown on the site plans entitled "Thompson House", "Additions and Alterations", sheets S-I and S-2, dated November 6, 2012, prepared by Mark Schwartz, RA and stamped received Nov. 8, 2012. Page 2 of 3 - December 6, 2012 ZBA File#6600 - Thompson ADDITIONAL INFORMATION: The original site plans submitted with the application were inaccurate with respect to the proposed requested side yard setbacks. The applicant was asked to correct the site plans and request a revised "Notice of Disapproval" from the Building Inspector reflecting those corrections. This appeal is based on those corrected site plans, referenced above, and the revised "Notice of Disapproval" dated November 8, 2012. FINDiNGS 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: 1. Town Law §267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The small deck addition is characteristic of residential properties and the proposed increased roof pitch on part of the existing two story dwelling will improve the aesthetic value of the home while creating no significant visual impact on adjoining properties because both side yards are well screened by mature landscaping. 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 dwelling exists in a nonconforming side yard setback location and any proposed partial demolition and reconstruction will require variances. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a side yard setback of 10.1 feet is mathematically substantial, representing 33% relief from the code. However, this substantiality is mitigated when considering that this is an existing setback to the dwelling and the increase in the degree of nonconformance is minimal and is the consequence of an increased roof pitch. The variance granted herein for a "Combined Side Yard Setback" of 30.1 feet is mathematically substantial, representing a 4.9 foot or 14% variance from the code required 35 feet. However, this substantiality is mitigated when considering that this side yard setback is a conforming single side yard setback to a proposed first floor 110 square foot deck addition. 4. Town Law §267-bi3)(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. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the requirements of the Board of Trustees. 5. Town Law l~267-b(3)(b)(5). The difficulty has been self-created. The dwelling exists in its nonconforming location and any partial demolition, additions and/or alterations within the dwelling's existing footprint will require a variance. 6. Town Law §267-b. Grant of the requested reliefs is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a partial demolition, additions and second story reconstruction 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT~ the variances as applied for, and shown on the architectural plans entitled "Thompson House", "Additions and Alterations", site plan sheets S-I and S-2, dated November 6, 2012, and stamped received Nov. 8, 2012, prepared by Mark Schwartz, RA. and the architectural plans entitled "Thompson House", "Additions and Page 3 of 3 December 6,2012 ZBA Fi1¢#6600 -Thompson Alterations", sheets S-4, A-l, A-2, A-3, A-4, A-5 and A-6, all dated September 19, 2012 Schwartz, RA prepared by Mark 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 .4ppeals. 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 aheration that does not increase the degree of nonconformity. l,'ote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. Absent was Member Horning. This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing J~ /// /2012 PECONIC N/O/F BaY ~ A.C. ABORN · .:. _ .... SITE -- S~LE: 1"= 50'-0' ~ SCTM~ 1000-118-06-06 i CAMERA SHOT tot~ pro~er~: ss,2s~.7 sQ. ~. p.3 ac.] PROPOSED " (FOR LOT COVE~GE CALCU~TIONS): ADDITION / ALTE~TION STORM ~ATER DR~ELL~X~mN~ PROPOSED ~IMATED E~IMATEg DEJCRI~ION: EXIfflNG: PROPOSED: LOT COVE~GE: LOT COVE~GE: N~ EXCAVATION: N~ FILL: REQUIREMENTS : HOUSE LIVING SPACE: 2493.0 SQ. ~. 17.6 SQ. ~. 4.6 % 4.7 % ~ 3 CUBIC YARDS I CUBIC YARD ~M.: SIZE DR~ELL: ROOF AREA: 2" ~IN PER HOUR: HOUSE GAUGE: 529.0 SQ. ~. lNG CHANG~ 10.1% 10.1% ~ s.~,~..~.~,~ (,~ ~...) ~2s sQ.~. ~sscu. ~. DEC~: 482.0 ~Q. ~. 110.0 SQ. ~ 0.9 % 1.1% 3 CUBIC YARDS 2 CUBIC YARD jFRONT PORCH: 115.3 SQ. ~. j 31.0 SQ. ~. 0.2 % , 0.3 % 3 CUBIC YARDS 2 CUBIC YARDS ;IDE CONC. WALK: 2~.5 SQ. ~. ~ ~'d,~..~'~p0e~.,.) ~s~.n. ~sscu.~. ;HED: 381.8SQ. ~. 0.7% 0.7% ~s ,'d,*..z~p(~.~.) ~ n. ~cu... TOTAL: 4,845.6 SQ. ~. 158.6 SQ. ~. 17.6 % 18.0 ~ 9 CUBIC YARDS 5 CUBIC YARD~ EXISTING PROPOSED E~rlMATED ESTIMATED DESCRIPTION: EXISTING: PROPOSED: LOT COVERAGE: LOT COVERAGE NE'~X/EXCAVATION: NI~/FILL: HOUSE LIVING SPACE: 24-93.0 SQ. FT. 17.6 SQ. PT. 4.6 % 4.7 % 3 CUBIC YARDS I CUBIC YARD HOUSE GARAGE: 529.0 SQ. FT. iNO CHANGE 10.1% 10.1% DECKS: 482.0 SQ. FT. 110.0 SQ. FT 0.9 % 1.1% 3 CUBIC YARDS 2 CUBIC YARD :RONT PORCH: 115.3 SQ. FT. 31.0 SQ. FT. 0.2 % 0..3 % 3 CUBIC YARDS 2 CUBIC YARDS ;IDE CONC. 'gUALK: 244.5 SQ. FT. ;HED: 381.8 SQ. FT. 0.7 % 0.7 % '~OOL: 600.0 SQ. FT. 1.1% 1.1% TOTAL: 4,845.6 SQ. FT. 158.6 SQ. FT. 17.6 % 18.0 % 9 CUBIC YARDS 5 CUBIC YARD~ SYM.: SIZE DRY'ELL: ROOF AREA: 2" RAIN PER HOUR: REVIEWED BY ZBA NOV - 8 ~R , SEE ~CISl~ ~~ S-J TOWN OE SOUTHOLD ...... ~ N'~ REVISIONS: PECONIC F'OOO~O~E~OM ~&~ FIRM 36103C0502 BAY ~ ~ 5~ 43' 00' E . O .:. ~ ~ . .. ':-':-': .': .': .':-':.-':-':.,' .': .':-':. ':-~: .': .':-':., ~ .' .. ~.. ~ ~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ '. ~ .... ~. ~ ~x 2 ~ rR HOUS~ ~ u t~.::':.::':.:?.'":.'":.'":.'":: .:...:.:7 }' ~Z ..'~" '"' ~ '~" ~; EXI~,NGWOOD ~'t' [~r~!: ~ ;' 2NDREMOVE EX.' FL. ALTE~T ON5~ROOF ~' I~ ~ O' ~ ' ' /~2~..::..::..::..::..::..:'":"":"":'"".'.'. ~.~.~.~:v~:~.~:~.~:v~::~:v~:.~;~.~.~:~:v~:~:v~ > .- , DECK ~?.,~ ~ ~ ~ . , ......... ' ,.'... ,-' ,-' ,.',' ,.' ,.' ,-' ~KT~.~ ~E~IN ~ ~ . . ~ ] trr'= ~ ;PER N~ CON~. P~NS~ O '; .' ': .' ': ,' ':..' ': .' ';; ': .' ': .' ': .' ': ,'" ': ,' '; .' ': ,' ': ,' '. ! , :..'..'..'..'-.~ ~ ~~g~ ~ ~ ~ - , NAT~ VEGA~ATION' / ~ b b ~ ; ........ 1 I ~ DW ~ · i ...... -- 'i~ J ~ D~ ~ ~ ~; C ~ _ FR. SHED ~ ~ S 54° 43' 00"W / PARTIAL SITE P~N F~NAL MAP REVIEWED BYZBA S~LE: 1" = 20'-0' ~: SEE OEC~S~ON J ~ S-2 CAMERA sHOT CAMERA SHOT CAMERA SHOT -4- CAMERA SHOT -3- CAMERA SHOT -5- GRA, DE PLANE CALCULATIONS: A-1 34-1 0~4 A-2 34-7 1-7 I/4 9-1 23-0 CL4 B-2 44-8 1-6 C-2 15~. 5-6 C-3 30-3 3-8 RECEI'VED O~'T 0 ~ ~01~ BOARD OF APPEALS I1~ FINAL ;~AP REVIEWED BYZBA SEE DECISION DATED /*,.~4 ~.. REVISIONS: I 0 REVISIONS: m ~ m ~ . FIlL MAP ...... ' ~iEWED BY ZBA NORTH ELEVATION SCALE: 1/8" = i' EXISTING NORTH ELEVATION SCALE: 1/8" = 1' REC£LrVED BOARD OF A~P~s BY ,Z. BA SEE DECISION # ~,, [¢;)¢'; DATED/?/~1 (~, I / c~- REVISIONS: A-2 ,[- __ __ BOARD OF APPEALS WEST EL~A~ON ..- ... ... ... ./ '.., ~..' '.., / '... ~..- :'... ,...' /' '... ...' / ,, ~ · , ,. ,, ,, , ., ' , L . ,. ,. .~ . -'"- - ..... ~1~ iDATED~/ ~: I / ~ ~ i REVISIONS: :~_,, RECEIVED " -- "' ' O(~T o I tOl~ REVIEWED BY ZBA -- ~ EXISTING SOUTH EL~AnON ' ~E: ~ir: ~' SEE DECISION J DATED (~ ~ I A-4 1ST. FLOOR PLAN SCALE: 1/8" = 1' OPRO.IECT NORTH RECEI~'ED 2017 BOARD OF APPEALS FINAL MAP REVIEWED BY,ZBA SEE DECISION DATED ~'c~L/ ~ REVISIONS: < I ~ REVISIONS: RECEIVED ...... ~ ............ BOARD OF APPF~ALS I( ......... ~ ......... )1 I( ........ ~. ......... ')1 'x. ~ / 'x. ~ / ..................................................................................................................................... ..................................................................................................................................... 2ND. FLOOR P~N o ~ ~ ~: 1/8": 1' ~ ' REVIEWED BY ZBA SEE DECISION ~ ~: ~.,~ lDATED f~ ~ / / ~ ~;.,.,~o,~ A-6 OFFICE LOCATION Town Hall Annex 54375 State Route 25 ~(cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 RECE/VED ~OARD OF APPF. AL~ MEMORANDUM To: Leslie Weisman, Chair Pe/~ Members of the Zoning Board of Ap From: MarkTerry, Principal Planner ,~ "~ LWRP Coordinator ~ Date: October 25, 2012 Re: Coastal Consistency Review for ZBA File Ref. MICHAEL and DEBRA THOMPSON #6600 SCTM#1000-118-6-6 A Board of Trustees permit (7179) has been issued on September 23, 2009 and has since EXPIRED. The plans that the Board of Trustees approved and that this Board is reviewing are different; however, the changes do not affect the proposed setback of 75.7 feet from the wood deck to Peconic Bay. A site inspection was conducted on October 5, 2012. MICHAEL and DEBRA THOMPSON #6600 - Request for Variance from Article XXIII Section 280-122A and the Building Inspector's September 20, 2012 Notice of Disapproval based on an application for building permit for partial demolition and second story re-construction to an existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yard setbacks of 35 feet, located at: 9280 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-118-6-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the policy standards and therefore CONSISTENT with the LWRP. Note that the Board of Trustees permit requires that "the existin.q buffer on the property is to be maintained". Since the Board of Trustees permit has expired, it is recommended that the buffer be, re-established and defined in composition, width and len.qth. A landscaped buffer is recommended incorporatinq the existinq veRetation. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Joanne Minieri COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner October 19, 2012 RECEIVED OCI 2 ZO12 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 A 14-14 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 Thompson, Michael Korchin (David) & Rentz (Joan) Bee Hive Development Corp. 66OO 6604 6605 Very truly yours, Sarah Lansdale Director of Planning oToore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788-0099 · (631) 853-519~ TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL TO: Mark Schwartz for M Thompson P O Box 933. Cutchogue, NY 1 [935 DATE: September 20, 2012 Updated: November 8, 2012 Please take notlee that your application dated September 13, 2012 For permit for partial demo & 2nd story reconstruction to an existing dwelling at Location of property: 9280 Nassau Point Rd., Cutchogue, NY County Tax Map No. 1000- Section 118 Block~6 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXiII Section 280-122A which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Pursuant to the Bulk Schedule, the required side yard setbacks are 15 minimum & 35' combined. Upon completion, the setbacks will be 10' & 30' combined Authorized Signature Updated to clarify side yard setbacks. Cc file, ZBA RECE~D TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL O£T 0 t. '2_ lZ BOARD OF APPEALS DATE: September 20, 2012 TO: Mark Schwartz for M Thompson P O Box 933. Cutchogue, NY 11935 Please take notice that your application dated September 13, 2012 For permit for partial demo & 2nd story reconstruction to an existing dwelling at Location of property: 9280 Nassau Point Rd., Cutchogue, NY County Tax Map No. 1000-Section 118 Block6 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXIII Section 280-122A which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Pursuant to the Bulk Schedule, the required side yard setbacks are 15 minimum & 35' combined. Upon completion, the setbacks will be 9' & 25' combined. Authorized Signature Cc file, ZBA TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-180:2 FAX: (631) 765-950:2 SoutholdTown.NorthFork. net Examined~. /~ Approved Expiration ,20 PERMIT NO.~ OCT 0 1 20E BOARD OF AppEALS 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 C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Phone: LICAT1ON FOR BUILDING PERMIT __ INSTRUCTIONS ' This appi~&k~Si~i~i~ he ccmkq.[tely Ii lied ill by typewriter or in ink and submitted to the Building Inspector with4 sets of ins, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. · £ Every building permit shall expire if the work authorized has not commencd within 12 months alter the date of issua:nce or has not been completed within 18 months from such date. If no z~nilig amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may atttborize, in writing, the extension of the permit for an addition six months. Thereafter, a new pemfit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with 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) e~~ (Mailing address of applicant) State whether applicant is owner, lessee, ag ngineer, general contractor, electrician, plumber or builder Name ofowner ofpremises ~ttC ~ ~-fi~t~,~ ~,"~/ (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. Location of land on which proposed work will be done: House Number Street County Tax MapNo. 1000 Section / ] 2 Block Hamlet Lot ~ Subdivision Filed Map No. Lot State existing use and occupancy of prem, i~,es and intended use and occupancy of proposed construction: " F y a. Ex,sUng use and occupancy .,~ ~/~lfl ~ t' ,~ yt/t ! (, 'b~ Intended use and occupancy 3. Na~ture of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost Fee Addition Other Work Alteration (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commerci.~l ozmixed occupancy, specify n.~ture and extent of each type of use. 7. Dimensiofis of exiStifig structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear 8. Dimensions of entire new construction: Front Rear Height Number of Stories - / 9. Size oflot: Front '~'~ ~--' ,.~'( 'T~ .R~'ar Depth Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 40 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 14. Names of Owner of pre~ises'T-~j~'_/~/-f'O~ Address Name of Architect ,J C .~ t,,.~t'~/" ~.~ Address Name of Contractor Address NO Phone No. ?/73£? Phone No ~?~ Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? * YES b//NO __ · IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS/MAY BE REQUIRED. b. Is this property within 300 feet ofatidal wetland? * YES 1/ 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 with respect to tllis property? * YES NO · IF YES, PROVIDE A COPY. CONNIE D. BUNCH STATE OF NEW YORK) Notary Public, State of New York SS: No. 01BU6185050 COUNTY OF,,~U~or~...~ Qualified In Suffolk County Commission Expires April 14, 2 ,so ~ ~ ~' being duly sworn, deposes and says that (s)he is the applicant (Nan~e of individual signing ~ontract) above named, (S)He is the (Contractor, A-gent, Corporate D~cer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make aad file this application; that all statements contained in this application are true to the best of his knowledge aud belief; and that the work will be performed in the manner set forth in tbe applicatiou filed therewith. S,w, om to before me this 12-4~ day of ~:~ k211~ 20./oh.- . Notary Public RECEDED Fee:$ I~~ Office Notes: C'_~ ~ t Eor Office Use Only __ FiledBy: ~)~, ~:CV~t~t/~_~ Date Assigned/nssignment No. OCTIO 1 IF APPEALS House No. 9280 Street Nassau Point Road Hamlet Cutcho~ue SCTM 1000 Section 118 Block 06 Lot(s).06 Lot Size 55,259.7 sq. ff. Zone R40 I (WE) APPEAL T, HE ~WRITTEN DETERMINATION OF THE BUI~,DIN~ INSPECTOR DATED Applicant(s)/Owner(s):. Michael and Deborah Thompson MailingAddress: 1105 Park Avenue, 6A, New York, New York 10128 Telephone: (212) 348-8454 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, 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, Cutchogue, Ny 11935 Telephone (631) 734-4185 Fax #: (631) 734-2110 Email: mksarchitect~optontine.net Please cheeh box to specify who you wish correspondence to be mailed to, from the above names: [~Applicant/Owner(s), or []~]Authorized Representative, or [~ther Name/Address below: WHEREBY THE BUILDING INSPECTOR~RE~IEWE. MAP DATED 0~//~/[ ~-~and DENIED AN APPLICATION DATED t') q//.Y / [ ~-~ FOR: - ~ ' ' ! [~Building Permit , t [~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 coOe.) Article X~ (11 Section 280- ! ~2_ ,/~ Subsection Type of Ap~eal. An Appeal is made for: . ~ Variance to the Zoning Code or Zomng Map. [~ Variance due to lack of access required by New York Town Law-Section 280-A. [~[nterpretation of the Town Code, Article Section [~Reversal or Other A prior appeall~has, I~aas not been made at anv 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.) Name of Owner: REASONS FOR APPEAL {additional sheets maF be used with preparer's signature}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: An undesirable change will not be produced in character to the neighborhood or nearby properties because the character of the house is consistent with neighboring houses and is within allowable roof heights as required by the town. Allowable Mean Roof Height is35', existing Mean Roof Height is 21'-7", proposed Mean Roof Height is 22'-7". (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing dwelling is presently set back 9~ and is already nonconforming. The existing roof line is very flat, structurally not to current code, therefore the owners would like to raise the roof pitch as shown on plans (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the proposed roof addition is within the exisling footprint and the ridge height is only 7 ft. higher than the existing ridge. (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 roof height will be raised slightly and there are many residences in the neighborhood with similar height or higher (5) Has the alleged difficulty been self-created? [Z]Yes, or [~]No. Are there Covenants and Restrictions concerning this land: [-----~No. [~'es ii,lease furnish cowet. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ~ IF A USE VARIANCE IS BEING REOUESTEDI ~dVD.~LEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s~~ Signa~'e~ Appellant~ Authorized Agent e~ (AgeJ~'must submit writte~Authorization from Owner) Sworn to before me this -'t (..~.~ _ dayofO~'~ ,~., ~/ Notary Public VICKI TOTH NotaPJ Public.State of New No. 01'r06190696 Qualified n Suffolk County Commission Expires JlJ y 28, 20. ~.CE~VED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD ~F APPEALS Applicant: Michael and Deborah Thompson Date Prepared: September 28, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: exterior wall portion of kitchen for addtion, 2nd. floor west wall, 2nd. floor roof 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of flint floor extension: 4'-1x4'-4 1/2" living space, deck: ll'xl0', porch: 6'-6"x5'-0" Dimensions of new second floor: ~9'x4'4" dormers added to east side Dimensions of floor above second level: no change Height (from finished ground to top of ridge): highest point: 36'4" ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no 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: 2story, 6bedroom, Sbath, kitchen, Pantry, Mudroom, Dining Room, Living Room, Library, 2 car Garage, enclosed porch, deck Number of Floors and Changes WITH Alterations: 2 story, 6 bedroom, 6 bath, 1 half bath, kitchen, Mud Room, Dining Room, Living Room, Library, 2 car Garage, enclosed porch 2 decks IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:house 3022, deck/porch 597.3, shed 381.8, pool 600 Proposed increase of building coverage: living space: 16.3 sq. ft., porch: 30.6 sq. ft., deck: 112.4 sq. ft. Square footage of your lot: 49,637 sq. ft. Percentage of coverage of your lot by building area: total proposed / existing (4760.4 sq. ft.): 17.9% V. Purpose of New Construction: first floor addition of 17.9 sq, ft, at kitchen, ll'xl0' deck on south side, 6'- 3" extension off front covered porch, interior alterations on 1st. floor. 2nd. floor westside. existing Iow pitch roof proposed exterior wall to be replaced, new dormers on East to be replaced. 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 approximafly 2% +/-. Property is grassey and not heavily wooded.The proposed addition is minimal on the property and does not negativly 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 _subject pre~ti~s listed on the real estate market for sale? Yes I ¢ I No Are there any prooosals to change or alter land contours? [] No ~ Yes please explain on attached sheet. J~ECEI'VED OCT 0 1 2D 2 I~0RRD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? yes 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 4.) lfyour property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? no 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: permit # 35545 open (wor~ complete) 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? no If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel and the proposed use · (ex: existing single family, proposed: same with garage, pool or other) Authorized signam~~ 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only RECEIVED OCT 0 ] BOARD OF APPEALs PART I - PROJECT INFORMATION (To be completed by Afplicant or Project Sponsor) 1. APPLICANT/SPONSOR 2~2 PROJECT NAME Mar~ Schwartz, Architect IThompson House 3 PROJECT LOCATION: Municipality Cutchogue County Suffolk 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) 9280 Nassau Point Road, Cutchogue, NY 5 PROPOSED ACTION IS: ~g~F [] New [] Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Proposed first floor addition of 17.9 sq, It, at kitchen, proposed 11'x10' deck on south side, proposed 6'-3" extension off front covered porch, sidewalk in driveway, interior alterations on 1st. floor. Proposed 2nd. floor west extedor wall to be replaced, new dormers on East side. existing/ow pitch roof proposed to be removed and replaced. 7. AMOUNT OF LAND AFFECTED: Initially 4601.1 SO. ff. acres Ultimately 4760.4 sq. ft. acres 8 WILL__PROPOSED ACTION COMPLY WiTH EX~STING ZONING OR OTHER EX(STING LAND USE RESTRICTIONS? ) I Yes ~ No If No, describe briefly I I 9 WHAT IS PRESENT LAND USE N V CINITY OF PROJECT? Descry:Residential [] Industrial [] Commercial r"~Agficulture [] Park/forest/Open Space [] Other 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE.E.E.E.E.E.E.E.E~RAL, STATE OR LOCAL)? I_'dYes g No If Yes, list agency(s) name and permit/approvals: 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? E]Yes [~ No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ~lNo I CERTIFY Tt~IAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name ~, ~' ,¢~ ~, ~'~C/~(~ ~ T~ Date: Signature: ~/~/'~/~ ~//,~'~ - '' ' If tho action is in the Coastal Ama, and you are a state aflenc¥, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? rf yes, coordinate the review process and use the FULL EAF r']Yes DNo B. WILL ACTION RECErVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT ONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hendwdtten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeo Og cai, historic or other natura or cu tural resources' or community o¢ neighborhood character~ Explain briefly: C3~ Vege a on or fauna fish shellfish or w dlife species sign ficant habitats or threatened or endangered species~ Exp a n briefly' C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5 Growth subsequent development or related activities likely to be induced by he proposed act on9 Explain bdefly' C6 Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: RECEZVED C7, Other impacts (incJuding changes in use of eilher quantity or type of energy)? Explain briefly: 0 C ~- 0 ~[ /ti'r ' 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)? [] Yes [] NO If Yes, explain bhefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bdefly: ' PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantia~~iarge~imp~rtant~r~therwisesigni~cant- Each effect should be assessed in connection with its (a) setting (i.e. u~ban or rursl); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) 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, tf question D of Part II was checked .,, yes, the determination ofsignificance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA, ] Check this box if you have identified one or more petenfiafiy large or significant adverse impacts which MAy occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. ] Checkthisboxifyouhavedetermined basedon he nformatonandanalysisaboveandanysupportingdocumentation, thattheproposedactionwiL NOT result in any significant adverse environmental impacts AND provide, on attachmen s as necessary the reasons supporting this determi~lafior Name of Lead Agency Pdnt 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) RECEIVED OCT 0 1 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OFAPPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within SOO feet of a farm operation located in an agricultural districL All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Nameofnpplicant: ~/~ .~C~tb~/~j~ ~"'~_~ 2. Address of Applicant: 1'~0 /~ ~' ~<. 3. Name of Land Owner (if other than Applicant): ~ t 4. Address ofLand Owner: II0~' /~,a~/~/~ dt/~-~ 5. Description of Proposed ' 6. Location of Property: (road and Tax n~ap number) '~2,~ ,o'4r, f4o, PT, /ooa- II '- 7. lsthepamel within 500 feet ofa farm operation? { } Yes { } No 8. ls this parcel actively farmed? { } Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765~1937) or from the Real Property Tax Office located in Riverbead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Signatt~ of Appl~ Date Note: 1. The local Board will mlicit 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 statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review &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. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECE~/ED OCT 0 1 2012 BOARD OFAPPEAL$ 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 orovide information which can alert the town of ~ossible conflicts of interest and allow it to lake whatever action is ancossarv to avoid same. YOUR NAME: T~'o/b~ ~.-~/~ , ~t~t ~-- ~ C (Last name, first nan{e, middle initial, ~less you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other Of"Other", name the activily.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Sou(hold? "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 ~ fyou answered YES , complete the balance of this form and date and sign where indicated. Name of person employed by the ]'own of Southold Title or position of that person Describe the relationship beg,veen 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 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 corpormion); __C) an officer, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this l~"~lay of _,JIJL.~ 200 l_7. Signa~re Print Na~e - RECEIVED AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM OCT 01 BOARD OF APPEALS The Town of Southold's Code of Ethics nrohibits conflicts of interest on thc Dart of town officers and emnlovces, Thc purpose of this form is to urovide information which can alert the town of nossible conflicts of interest and allow it to take whatey~r action is necessary to avoid $qme. YOUR NAME: ~ (Last name, first na~e, middle initial, ~nless y~ are-applying in the name of someone else or o~her 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 I~ 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 Signature Print Name Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED OCT 0 1 2O Z BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Water~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.norflffork.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# 118 _06 .06 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. ~ Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: first floor addition of 17.9 sq, ft, at kitchen, ll'xl0' deck on south side, 6'- 3" extension off front covered porch, interior alterations on 1st. floor. 2nd. floor westside, existing low pitch roof proposed exterior wall to be replaced, new dormers on East to be replaced. Location of action: 9280 Nassau Point Road, Cutchogue, NY Site acreage: 55259 sq. ft. 1.3 acre Present land use: 17.9% (total). (Proposed addition is 1.4%) Present zoning classification: R40 I~.ECE~VED OOT 0 1 _lJ@.a__~__n OF APPEALS 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: Michael and Deborah Thompson (b) Mailing address: 1105 Park Avenue, 6A, New York, New York 10128 (c) Telephone number: Area Code ( ) (212) 348-8454 (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?_DEC, Trustees, Bldg. dept. 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 end alterations to the existing residential structure in a heavily developed neighborhood. Policy I is not applicable to the project. Cutcho~e Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria [] Yes ~ No [] Not Applicable The subject property does not contain nor does the project affect historic or archeological resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. Attach additional sheets if necessmy Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria 17] 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 Hortons Creek. RECEIVED Attach additional sheets if necessary OCT 0 1 2012 NATURAL COAST POLICIES BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable 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 Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] 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 rtmoff, vegetation on the northerly portion of the site to be protected from the site disturbance during cons~'uction by a project-limiting fence and staked haybales. 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 ~--] 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 Town Trustees and the New York State Department Conservation will be complied with. .... ",,," ZO1Z Attach additional sheets if necessary ~OARD 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 project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Y~ No [] Not Applicable The project is limited to the upland portion of the property, public access and recrea~onal use of the *dj~c~t coastal wamrs 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 Southoid'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. D Yes [] No [] Not Applicable The r ' ' . 0 Policy 10 is not applicable to the project. :~ (,~ ~tS~) p oject neimer proposes nor attects water dependent uses. I~CE~/ED OCT 0 1 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section Ill - Policies; Pages 57 through 62 for evaluation criteria. ~ Yes [] No [] Not Applicable The proiect 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 lands 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 D No [] Not Applicable The proiect affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. Created on 5/25/05 11:20 AM FORM NO. 4 TOWN OF SOUTHOLD BUXLDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. ~,ECED.;ED BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z~31151 Date: 09/09/0S T~IS C'~TIFIES that U~e buildlmg SOLAR HEATING SYSTEM Location of Property: 9280 NASSAU POINT RD CUTCHOGU~ (HOUSE NO.) (STREET) (HAMLET) County Tax l4a~o. 473889 Se~tio~ 118 Block 6 Lot 6 Subclivisio~ FileclMapNo. -- Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 2; 200S pux~uant to which Bui]w4~3Per~itNo. 30989-Z dated MARCH 4? 2005 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 SOLAR HEAT INSTALLATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. INSTALLATION C~RTIFIED BY JAM~S J DEEKOSKI? The certificate is issued to JAMES HEFFRON & BARBARA MICHELSON (OWNER) of the aforesaid building. S~POI~K CO~]~1]~f DI~p~ OF HEALTH APPHOVA~ N/A ~IA"TRICA~ ~a-£IFICRT~ NO. 97950C 04/20/05 pL1~ma~ C~RTIFICATI~ ~A'~'~u N/A Rev. 1/81 iz ' re FORM NO. 4 TOWN OF SOU~HOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED OCT 0 1 ~OARD OF APPEALS CERTIFICATE OF OCCUP~C~ No Z-22617 Date SEPTEMBER 27, 1993 THIS CERTIFIES that the building ..... Location of Property 9280 N~SSA~ POINT ROAD CNFf(~OGUE~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 118 Block .6 Lot Subdivision Filed Map No. Lot No. conforms substantially to the Application for B~ilding Permit heretofore filed in this office dated NOVEMBER 1~ 1968 .~ pursuaat to which Building Permit No. 411~-Z dated 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 ONE F~ILYDW~JJ.ING~I~HENCSOSED. POR~& ATT~.DECK The certificate is issued to of the aforesaid building. H. EL~S~..R~. FUT.L~n (owner) SUFFOLK COUNTY DEPARTMENT OF HEALT~ APPROVAL... OCTOBER 20r 1969. UNDERWRITERS CERTIFICA~ENO. N/A PLUMBERS CER~IFICA~ION D~J3 N/A . * ~HIS CO UPDATES CO Z-3611DA~ED OCT. 21, 1969. Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. R~CE~'VED OCT 0 'I. 2 APPE ,S CERTIFICATE OF OCCUPANCY ~o: Z-22617 Date: 09/27/93 THIS C~RTIFIES that the buil&{ng NEW DWELLING Locati~m of Pro[aer~y: 9280 N~SAU ~I~ RO~ ~CHOG~ (HOUSE NO.) (S~EET) (~) ~ty ~ ~ ~. 473889 Se~i~ 118 BI~ 6 ~t 6 confo~s substantially to the ~plication for Build%ag Pe~it heretofore fil~ ~ ~s office ~t~ NO~ER 1, 1968 ~,m-t to ~ ~il~g ~t ~. 4116-Z ~t~ FEBRU~Y 4, 1968 was issued, and confo~s to all of the retirements of the applic~le provisions of the law. The occupancy for which this certificate is issued is ONE F~ILY ~EL~ING WITH ~CLOSED ~RCH~ ATTACHED DECK ~ A~AC~D ~0 CAR GARAGE.* THIS CO UPDATEDS CO Z-3611 DATED OCT. 21, 1969. The certificate is issu~ to H ELLSWORTH FULLER (0WN~R) of the aforesaid building. ~u~z, OLK CO~]~ITY DEPART~X~/T OF ~ALTH AP~OVAL RT~.-rKICAL C~TIFICATH NO. P~RS u~KTZFICATION l:L~-z.-zsu Corrected to add garage. 10/20/69 N/A N/A ~Signature Rev. 1/81 FOP~ NO. 4 · 0WNOF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED BOARD OF APPEALS CERTIFIC2LTE OF OCC~JPANCY No. Z-22618 Date SEPTEMBER 27, 1993 THIS CERTIFIES that the building ACCESSORY Location of Property 9280 NASSAU POINTROAD CUTCHOGu~ N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 6 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTENBER 24~ 1993 pursuant to which Building Permit No. 21680~Z dated SEPTEMBER 27~ 1993 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 STORAGE SH~D "AS BUILT" The certificate is issued to H. ELLSWORTHFU~J~R (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building ~nspector Town Hall Southold, N.Y. RECE~/ED I~OARD OF APPEALS No z-23046 Date ~ 17~ 1994 TBIS CERTIFIES that the buitding ALTERATION Location of Property 9280 NASSAU POIJ~T ROAD CgT~flCKaUEf N~ House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 6 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore fixed in this office dated ~ 22t 1993 pursuant to which Building Permit No. 21761-Z dated BOVBlu~LK 4r 1993 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is £ssued is TO.OOIIBTRU~TDORIfBRK~TE~SIQffABDALTKRATZONTOANEXZBTI]f~ The certificate is issued to JAI~BHBFFRG~ &~%..~BARhM~;4sJi~H~i of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF H~ALTHAPPROVAL UNDERWRITERS C~RTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 H309163 ~qR~31~ 1994 K & K PL~II~a & HNAT~IKa APRIL 26r 1994 FORM NO. 4 TOWN OF SOUTHOLD BUI LDINC DEPARTMENT Office Of the Building Inspector Town Hall Southold, N.Y. RECEIVED 0 1 CERTIFICATE OF OCCUPANCY No: Z-30995 Date: 06/17/05 T~IS C~TIFIES that the ~ildi~ ALTERATIONS Locatiom of Pretty: 9280 N~SAU POI~ ~ C~ (HOUSE NO.) (STREET) (~LET) ~ty T~ ~p No. 473889 ~tion 118 Block ~ ~t 6 confo~ s~s~antially to the Application for Building Pe~it hereCofore f~l~ ~n t~s office ~t~ J~Y 2%~ 2005 ~s-a-t to whi~ Buildi~ ~t ~. 30913-Z ~t~ J~Y 24, 2005 was issued, and confo~ to all of the retirements of ~he applic~le provisions of the law. The Occupancy for which this certificate is issued is ~TE~TIONS & WI~W REP~C~ ~ EXISTING SINGLE F~ILY D~LLING ~ APPLIED FOR. The certificate is is~d to JAMES HEFPRON & BARBARA MICT{ELSON (OY,~qER) of the aforesaid building. SUFPO~K COUNTY D~pART~;T OP ~J%LTH APPROVAL ELECTRICA~ C~RTIFICAT~ NO. ~L~S C~RTIFICATI~ D~a-~o3 97127C 06/06/05 06/07/05 PECONIC PLUMBING&J4EATING / Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Nell Southold, N.Y. RECEZVED OCT 01 BOARD OF APPEALS ~IFI~ OF O(X~3PANOY No S-23045 Date JON'B 16r 1994 THIS CERTIFIES that the building M)DITIOi; Location of Property 9280 ~tSS&U POXNT ~OAD CUT(~O~U~r ~ House NO. Street Hamlet County Tax Map No. 1000 Section 118 Block 8 Lot 6 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore £iled in this office dated AI~qA~L 21r 199& pursuant to wh£ch Building Permit No. 22066-g deted ~Y 19r 1994 .. 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 TO C0~STRUCTA DECKADD~TXg~TOA 81~LEF~MXLYDWELLZN~A~ ~PPLX~DFOR. The certificate is isoued to of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED Rev. 1/81 N/A Buiid:[n~ Inspec~,r FO~M NO.~ TOWI~ OF $OUTHOLD, BUILDING DEPARTMENT Tow~ Clerk's Office Southold, N. Y. RECE'~VED BOARD OF APPEALs Certificate Of Occupancy No.. Z .~6.1. t... Date ..... .~1..~.O.~..e~. ...... .~.~. t ..... , 19,6.9. THIS CERTIfieS that the building located at . .ll~alt PalL~tL l~oa~ .... Street Map No..~&I~U. IW6,Block No ........ Lot No. 92 ~opert:~es Nap 1~o. ~ ............................. conforms substantially to the App]ication for Building Permit heretofore filed in this office dated .... ~oYelllbel' ..... ¶ ,., 19, .(~ pursuant to which Building Permit No..t~.$16. Z~. dated .... l~ovelabe~ ..... ~,.., 19..~ was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .. p~ivate .olde..fa~L1y. ~ell~ ........................... The certificate is issued to ...lt,. E'I la1~ol*t;la. 1~tL1.~$~. .............................. (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . .0e.t.e~ber .... ~0v...1~.9. ........... Michael and Debra Thompson 1105 Park Avenue #6A New York, New York 10128 212-348-8754 RECEIVED OCT 0 1 ~01~ BOARD OF APPEALS July 16, 2012 To Whom It May Concern: I, Michael Thompson, authorize Mark Schwartz., AIA - Architect, to act as agent tbr permit applications to the Southold To~w~ Board of Trustees, New York State Department of Environmental Conservation and Southold Town Zoning Board of Appeals, Suflblk County Deparunent of Health and the Southold Building Department. The proposed residential construction project is located at 9280 Nassau Point Road, Cutchogue, New York (SCl'M// 1000-118-06-06). Sincerely, ~ Michael Thompson date: or/ qtz TOWN OF SOUTHOLD PROPERTY RECORD CARD OWN ER FORt~ER OWNER STREET N S VI LLAGE W ACREAGE 1/,,'/c~¢z T:',/PE OF BUILDING RES. SEAS. IMP. VL. TOTAL FARM DATE .~b66 Per 1 Tillable2 Tillable3 Woodland Swampland OCT BOARD Oi Brushland~.~ House Plot ~ppEA~,..S Total COMM. I IND. t CB. I MISC. ?f abe REMARKS . hl/ 118.-6-6 1/06 M. Bldg. Extension Extension Extension Garage ~17 x n ~ F~undotion Jasement Place Bath ,~-u II ~, Heart Porch ~ttic Porch Rooms 1st Floor Floors Interior Finish ,/6 ~Z I Rooms 2nd Floor tZ, TRIM :~. ~ ...... 7b~ '1 118.-6-6 Pool 9/10 ~ ~ ~ /~i ~ ~ COLOR 'M. Bldg. ~ ×~ O = ~ ~O Foundation OTHER ~, ~ Dinette Extension / / x/~ ~ ~O~ ~' ~ Basement s~BC~WL P~ Floors Kit , _ _ I t ~O ~ ~O~ Finished B. , Interior Finish ~ L.R. ~x ~ I : /~/ Fire Place ~ Heat D.R. Porch ~O: / ~ ,~ Dormer ,_/ /_~ Baths A'C' ~ oT __ ~ ao~ALS Laundry , Study Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/02/12 * * * RECEIPT * * * Receipt#: 142532 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6600 $500.00 Credit Card Total Paid: $500.00 Name: Clerk ID: Schwartz, Mark Po Box 933 375 Fishermans Beach Road Cutchoeue, NY 11935 CAROLH Internal ID: 6600 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/02/12 * * * RECEIPT * * * Receipt'8: 142533 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6600a $500.00 Check#: 8936 Total Paid: $50000 Name: Thompson, Michael J 9280 Nassau Pt Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6600a ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10-2-12 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 6600 THOMPSON, MICHAEL 8936 $500.00 OCT 2 20E Southold Town Clerk CREDIT 6600 Mark Schwartz FOR CARD $500.00 RECEIVED Thompson, Michael ~T 2 201~ TOTAL $4000.00 $outhold Town Clerk Sent via Inter-Office to Town Clerk by: Thank you. ES 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: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 2, 2012 Zoning Appeal No. 6600 Transmitted herewith is Zoning Appeals No. Mark Schwartz for Michael & Deborah Thompson- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated September 20, 2012, Application fro Building Department Dated September 13, 2012, Copy of Certificate of Occupancy No. Z- 31151 for Solar Heat Installation Dated April 20, 2005, Copy of Updated Certificate of Occupancy No. Z-22617 for One Family Dwelling with Enclosed Porch & Attached Deck Dated September 27, 1993, Copy of Certificate of Occupancy No. Z-22617 for One Family Dwelling with Enclosed Porch, Attached Deck Dated September 27, 1993, Copy of Certificate of Occupancy No. Z-22618 for Accessory Storage Shed "As Built" Dated September 27, 1993, Copy of Certificate of Occupancy No. Z-23046 To Construct Dormer Extension and Alteration Dated June 17, 1994, Copy of Certificate of Occupancy No. Z-30995 for Alterations & Window Replacement to Existing Single Family Dwelling Dated June 17, 2005, Copy of Certificate of Occupancy No. Z-23045 To Construct a Deck Addition to a Single Family Dwelling Dated June 16, 1994, Copy of Certificate of Occupancy No. Z-3611 for Private One Family Dwelling Dated October 21, 1969, Authorization Letter from Michael Thompson to Mark Schwartz AIA to Represent them in this Matter Dated July 16, 2012, Two Page Copy of Property Record Card, Ten Page of Plans Showing Site & Floor Plans as well as Photos & Elevations Dated September 9, 2012 Prepared by Mark Schwartz AIA. 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) Southoid, 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 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 1,2012: 10:30 A.M. - MICHAEL and DEBRA THOMPSON #6600 - Request for Variance from Article XXlII Section 280-122A and the Building Inspector's September 20, 2012 Notice of Disapproval based on an application for building permit for partial demolition and second story re-construction to an existing single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yard setbacks of 36 feet, located at: 9280 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-118-6-6 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth(~,Town. Southold.n¥.us Dated: October 17, 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 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: ht~p://southtown.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 "lsth: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement1 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 applicantJagents 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 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 Encls. TOWN OF SOUTHOLD - ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of - OCoo AFFIDAVIT OF MAILINGS 0qame of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YQ~RK I, ~/~K~ uICtqT~'C-~l~ residingat ~¢~~ ~ New York, being duly sworn, deposes ~d says that: On ~e] 7~ day of O~ , 20/~ I ~rsonflly mailed at ~e U~ted States Post O~ce in 6 ~ ~ ~ , New York, by CERTIFIED MAIL, ~TU~ ~CEIPT ~QUESTED, a ~e copy of the a~ached Legfl Notice in Prep~d envelopes addressed to cu~ent property o~ers sho~ on the c~ent assessment roll verified from the official records on file wi~ the ( ) Assessors, or ( ) Coumy Real oP~:~ic~l~f~i~tf~:~ ~[:::o~:,:~i~u~::g~~ ~ivate street, Sworn to before me this c~f day of ~o~ Public) VICKI TOTH Notary Public, State of ,.N.~. 01T06190696 Qua ed n Suffolk Commission Expires uly 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. Retum Receipt Fee or PO Box No, U SE Poetage $1.i0 0935 Certified Fee TO~I P~go & F~s $ ~,~0 Total postage & Fees ~.~10 10/17/2012 '. $1,10 0~35 i {2. · Compile Rems 1, 2, and 3. Atso complete Rem 4 if Restricted Delivery is desired. · print your name and addrees on the mveme so th~ we can return the card to you. · Attach this card to the back of the maitpiece, or on the front if space permits. 1. A~ticlo Addressed to: Signature O. Is delivery address ~ fTom item 1 ? If YES, e~ter delivery address below: [] No - David R. Bergen P.O. Box 1008 Cutchogue, NewYork 11935 ~?e~e~lad Mall [] Express Mail [] Registered [] Return Receipt fo~ Met~hendise r=l Insu~ II [] C.O.O. 4. Restricted Deliver? (Extra Fee) i--I yes 7D~,~, D'i,l,D DDD;= S~,~,l= ;Jq53 Domestic Return Receipt 102595-O2-M4 540 2. Article Number. PS Form 3811, February 2004 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified ~ SCTM Parcel #1000- //~ ~' COUNTY OF SUFFOLK) STATE OF NEW YORK~ I, ~ff~('~)c~sidingat ~'OO'¢'~/"-'.,/~,~ ~ (_~,.~ ~ :~ o~ , ~ew York, being duly sworn, depose ~d say that: On the ~ 4"/O'-day of ~<..~,"J~ ,201V', * personally p,aced ~he Town's Official Poster, with the date of heating 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 hearing date, which hearing date was shown to be Sworn to before me this Day of ~ C~.x , 201 ~- (Notary Public) VICKI TOTH NotaPj Public, State of New No. 01T06190696 Q.ual~fi~ in Suffolk Cour~t, Commrss~on Expires July * 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 reveme so thet we can tatum the card to you. · Attach this cad to the bac~ of the mallplese, or on the front If space permits. 1. Article ~ddmssed to: [] ~gent D. ts de~ eddmss different from Item 1 ? nyes ff YES, enter dellve~ eddmee below: [] No Michael & Linda Gambardella 19 Westbury Road Garden City, New York 11530 2..~,,flcle Number 3. ~3eMaJl D Expe~ss Mail [3 Reg~ed [] fletum Receipt for Memhand~se [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes 7011 0110 0002 5166 9439 PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Atlach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature D. ts deth~7 address different from item 17 If YES, enter delive~ address below: [] No Ma-lo & llse Trombone 9180 Nassau Point Road Cutchogue, New York 11935 PS Form 3811, February 2004 3. ~3e~ MaiI [] F. xpr-~,~s Ma~l [] Registered [] Return Receipt ~ M~ ~ I~ M~I ~ C.O.D. 4. ~ ~ ~) DY~ 7011 0110 0002 516~ 9422 #10905 STATE OF NEW YORK) ) SS:. COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 25th day of October, 2012. Sworn to befor.e.., me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURsDAy NOVEMBER 1,2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Seutbold, the following public bear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road~ BO. Box 1179, Southold, New on TH1JR~DAY NO_:- week(s), successfully commencing on the Principal Clerk from Article III Section 280-15(B & C) and thc Buildnig Irmpector's September 24, 2012 Notice of Disapproval based ~ A.M. dOMOGENOB POINT. and additions/alterations to an existing ~ k Re-opene~ single family seasonal dwe0 nga 1) less vy ~esolution for the sole purpose of ben the code required front yard set- reviewing th~ pro . d construction back of 40 feet, both Streets on this cor- method for the ~d-P~dafion and the ncr lot, located at: 320 Fleetwood Road ~g.~we~ as ~ aria granted · CTMgl0~0-H0~4.13 , ~.,~'~v*.x nces,rrom Artwle XXIII Section 280- ~ pd October 4i 20,12 Notice of eues, ~2afludt t ~;eBdBnilding ]nsPcct0r's JniY 2 7' ~i?~e~",~ti"o"l; .Dl~r0val based ~),,n an ap,.pl, ication for ~/'I~.!22~ ~:~e Buj~l~pector,s ~bufl, dJn~,,~mit for as built shed and v,~pte~0;'~012 N~Of Disap- i .o. ec~ addmon to an ex~sting single fam- o~f 35 feett Ioc~tad ak 92~0 Nassau Point a0ad (adj. to peco~c Bay) Cutcho~ue Mer~et ~r ~,ti.-i.;' n ~ .. er ot m.a*tA.M~ ~.~ ~ ,..~?2,,unmergeJanaldefitifiedasSCTM D2M(k0_Y_~ffi~3 - Requezt for Variances InsPeCtor's June 14, 2012, updated tember 10; 2012 Notice of Disapproval, which states adjoining conforming or nonconforthing lots held in COmmon oWnership shall merge until thc total lot s~ze conforms to thc currcnl bulk sched- ulc (minimum 40,000 square feet Jn this R-40 Residential Zone District) this lot ~s merged with lot 1000-104-2-23, located at: 1375 and 1475 Sterling Road (ctuner ~ dayof 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 Pe- conic Bay) Mattituck, NY. SCRM#1000_ 123-8-5 - 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 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Quolifled in Suffolk County_ My Commission Expires Feb~uory 2g, 2016 Horton Road) Cutchogue, NSq SCTM#'s 1000-104-2-24 & 23 ~-n -~VELOp' ~ -Request ~or Vari- ance from Article XXII, S~ction 280- 116(B), based on the BuiMing Inspector's August 14, 2012 N~otice of Disapproval coneenaing an application for construe. tion of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead, lo- cated at; 400 Old Cove B vd. (cOmer Beverly Rd.) (adj. to Amhamomaque Pond aka MiU Creek) Southold, NY. SCIMg1000-52-2.14 ~ PM. - MICHAEL an4 ~ ~- Request for Vari- ance from Article XXIII Section 280-124 and the Building Insp~or's October 2, 2012 Notice of Disapproval ba~ed on an application for building Permit for additions and alterations to an exist- nig dwelling at: 1) less than the code required front yard setback of 40 feet, both streets on this corner lot, located at: 1240 Inlet Drive (corner Miriam Road) Mattituck. NY SCTM#1000-99.2.6 The Board of ApPeals will hear all person$ or their representatives, desir- ing to be heard at each hearing, and/or de~iring to submit written statements before the conclusion of each heating, Each hearing will not start earlier than designated above. Fflea are available for review during regular business hour~ and prior to the day of the hea~ng' If you have questionz, please contact our offiCe at, (631) 765-1809. or by emnil: Vicki.Toth~qbwn. Southold.nv. uz Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANF~ WE1SMAN, CHAIR- PERSON 54375 Main 5309~ Main Road (MaifingtUSPS) P.O. Box 1179 Southold, NY 11971-0959 i0,905-1T 10/25 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: THOMPSON, M. # 6600 SCTM #: 1000-118-6-6 VARIANCE: SETBACKS REQUEST: PARTIAL DEMO & 2ND STORY RECONSTRUCTION DATE: THURS., NOV. 1, 2012 10:30 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 2, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6600 THOMPSON, Michael 1000-118-6-6 Dear Mark: We have received an application for partial demo and 2"d story reconstruction to an existing dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very tru/~)ours, Leslie/K. V~eism~n ~ Chai~crs~/~ // Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 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 # 6600 Owner/Applicant: THOMPSON, Michael Action Requested: Partial demo & 2nd story reconstruction to existing dwelling, side yard setbacks and combined. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie~.~ ZBA ~ha~ By: [ teisman ~ )ers~n RECEIVED BOARD OF APPEALS NORTH ELEVATION B ~ I.,"'"-.I l'"'"-.I EXISTING NORTH ELEVATION s u,~,,3~ ~r LOT 9 AUENDED MAP "A" OF NASSAU POINT OWNED 8Y NASSAU POINT CLUB PROPERTIES, INC. CUTCHOGUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N,Y. i! v SURVEYED GREAT PECONIC BAY ~1~1 -~l -lB' SURVEY OF LOT 84 NASSAU POINT SOUTHOLD TOWN OF SOUl,OLD SITE PLAN SITE DATA OCCUPANCY OR USE 1S UNLAWFUL WITHOUT CERTIFICATE' OF OCCUPANCY 1 CERTIFIED TOt MICHAEL J. TI:COMPSON DEBRA A. STABILE FIDELITY NATIONAL TITLE INSURANCE COMI~ANY OF NEW YORK MELLON TRUST OF NEW ENGLAND~ N.A. / AREA = 1.269Acres to tie lines ?" SURVEY OF 5~,°' ,,, · .~ ~' LOT 92 "~' "AMENDED MAP A OF NASSAU POINT" x-% ~- ~' · ~ FILED AUG. 16,1922 MAP NO. 156 AT NA SSA U POINT TOWN OF SOUTHO D ~ 1000 - 118 - 06 - 06 ~ o ~ ~. Scale, 1'~50' ~T AS ~ ~C~ FLOOD ZONES FROM FIR~ P. O. 80X 36103C0502 5/04/9~ 1230 TRA ~T SOUTHOLD~ N. ~971 ?./~Vo, 49618 /~6§ - 1797 PECONIC BAY ~ S 54° 43' 00" CAMERA SHOT STORM LVVATER DRY, X/ELL REQUIREMENTS: SYM.: SIZE DRY'ELL: ROOF AREA: 2" RAIN PER HOUR: / / "N/O/F GAMBARDELLA RECEIVED N/O/F A.C. ABORN BOARD OF APPEAI.$ 481.14' SITE PLAN SCALE: 1"= 50'-0' ,~ ox~A J $CTM# 1000-118-06-06 TOTAL PROPERTY: 55,259.7 SQ. FT. [1.3 AC.] J I (FOR LOT COVERAGE CALCULATIONS): PROPERTY TO BULKHEAD: 52462.3 [1.2 AC.] PROPOSED ADDITION / ALTERATION EXISTING PROPOSED E~'rlMATED ESTIMATED DESCRIPTION: EXISTING: PROPOSED: LOT COVERAGE: LOT COVERAGE,, qE~ EXCAVATION: NE~X/FILL: HOUSE LIVING SPACE: 2493.0 SQ. FT, 16.3 SQ. FT. 4.6 % 4.6 % 3 CUBIC YARDS 1 CUBIC YARD HOUSE GARAGE: 529.0 SQ. FT. [NO CHANGE 10.1% 10.1% DECKS: 482.0 SQ. IT. 112.4 SQ. FT 0.9 % 1.1% 3 CUBIC YARDS 2 CUBIC YARD FRONT PORCH: 115.3 SQ. FT. 30.6 SQ. FT. 0.2 % 0.3 % 3 CUBIC YARDS 2 CUBIC YARDS SIDE CONC. ~X.~ALK: 244.5 SQ. FT. SHED: 381,8 SQ. FT. 0.7 % 0.7 % POOL: 600.0 SQ. FT. 1.1% TOTAL: 16.5 % 17.9 % 9 CUBIC YARDS 5 CUBIC YARDI REVISIONS: PECONIC BAY AE EL. 8 O WOOD RAMP O O FLOOD ZONES FROM FIRM 36103C0502 05/04/1998 ~ECE!'V~D BOARD OF APPEALg · ~U~tDi~G EN¼~OPE" 75.7' 90.5' ~4AT. VEGATATION BUILDING ENVELOPE EX. PATIO ON GRADE N 54° 43' 00"E : EX. 2 STY. FR. HOUSE EXISTING 2ND. FL. ALTERATIONS ',X/OOD REMOVE EX. ROOF DECK & CONSTRUCT NE'O(/ w/HIGHER PITCH I~. FL. \ \ \ / ':'" ':'" ':'; '7' ':'" ':'" ';'" ':'" ':'" '. '?" ':'" ':'" ':'" ':'" ':'" ':'" ".'" '7' '""' '"' :'" S 54043' 00" LvJ EXI~EING ! STY. FR, GARAGE (DW EX. 1 STY. FR. SHED PARTIAL SITE PLAN SCALE: 1" = 20'-0' REVISIONS: 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 1197143959 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 #6600, Thompson 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. Sincerel¥7~ Vicki Toth Encl. Cc: Building Dept.