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2015 Bay Ave., East Marion ~ 3/23/83 CA-construct screen-porch addition with a reduced rearyard setback. 2? / 31 17 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 e[~ ~'~ ] I - O~ 2 8 2Ql . MEETING OF DECEMBER 20, 2012 ~' "/°F2T"~' ?"~"-~-"-'~Crklffiot~Ola Iown ~ ZBA FILE: 6604 NAME OF APPLICANT: David Korchin and Joan Rentz PROPERTY LOCATION: 2085 Bay Avenue (adj. to Marion Lake) East Marion, NY SCTM#1000-31-17-03 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 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 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.' Subject property contains 4,827 (upland) sq. ft. located in a R-40 zone district and is non-conforming. It is improved with a single family dwelling. It has 60.00 feet of frontage on Bay Avenue, 97.77 feet along the eastern property line, 65.85 feet on Marion Lake and 73.86 feet along the western property line as shown of the survey prepared by Nathan Taft Corwin, 111, Land surveyor dated May 26, 2012 last revised June 16, 2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's July 27, 2012, updated October 4, 2012 Notice of Disapproval based on an application for building permit for "as built" shed and deck addition to an existing single family dwelling at: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests variances to: 1) maintain an as-built shed and shower having a 3.3 foot side yard setback where the Code requires a minimum of 10 feet and 2) maintain an as-built deck having a 24.9 foot rear yard setback where the Code requires a minimum of 35 feet. ADDITIONAL INFORMATION: During a site inspection, it was observed that the adjoining property owner to the north and the third parcel to the south each have an outdoor shower in a non-conforming side yard with a non- Page 2 of 3 December 20,2012 ZBA File#6604 - Korchin/Rentz CTM: 1000-31-17-3 conforming side yard setback. There is no evidence of building permits or C.O's for these accessory shower structures. 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)(l). Grant of the variances requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Sheds, rear yard decks, and outdoor showers on waterfront properties are characteristic of residential neighborhoods. The as built rear yard deck addition and the attached outdoor shower enclosure and shed are not visible from the street and are well screened for privacy from adjoining neighbors along both side yards by a 6 foot high stockade fence. 2. Town Law l~267-b(3)(b)(2). The benefit sought by the applicant to maintain the as-built shed and shower can be achieved by some method, feasible for the applicant to pursue, other than a side yard setback variance. Upon review of the parcel's survey and site inspection, the applicant has area in the rear yard where an accessory shed and shower may be placed in a code conforming location. However, the location of a free standing shed and shower in a rear yard on this waterfront property would be far more visually intrusive with possible adverse impacts to Marion Lake, than the existing 3' wide by 5' high as built shed and shower which are attached to the southerly side of the dwelling. In addition, the options for a functionally convenient location in a conforming front yard are limited by the existing driveway and the 11.7' front yard setback of the dwelling. The benefit sought by the applicant to maintain the as-built rear yard deck addition cannot be achieved by some method, feasible for the applicant to pursue, other than a rear yard setback variance. The rear of the pre-existing dwelling has a non- conforming rear yard setback of 34.3 feet; consequently any addition to the rear of the dwelling will require a rear yard setback variance. 3. Town Law l~267-b(3)(b)(3). The variance requested to maintain a 3.3 foot side yard setback to an as-built shed and shower is mathematically substantial representing 67% relief from the code. However, the other side yard measures 32.3 feet which provides amply access for emergency equipment, and, although the attached shed and shower enclosure are close to the southerly property line, they are both lower in height than the existing fence, and the southerly neighbor's residence has a very substantial side yard setback for privacy. The variance granted herein to maintain a rear yard setback of 24.9 feet to an as-built deck addition is mathematically substantial, representing 29% relief from the code. However, the rear yard setback is not to an adjoining residential parcel, but to Marion Lake, and a non-turf buffer exists between the freshwater wetlands and the subject deck. 4. Town Law §267-b(3)ib)(4) No evidence has been submitted to suggest that the variances to maintain a rear yard setback to the as-built deck addition and side yard setback to the attached shed and shower enclosure 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, the Board of Trustees permit requirements and the condition(s) written in this appeal. 5. Town Law §267-b¢3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Furthermore, the applicant constructed the as-built shed, shower and deck addition without the benefit of acquiring a building permit. Page 3 of 3 - December 20, 2012 ZBA File#6604 - Korchin/Rentz 6. Town Law §267-b. Grant of the requested relief to maintain a rear yard setback variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining an as-built rear yard deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variances as applied for, and shown on the Survey prepared by Nathan Taft Corwin dated May 26, 2012 and the Architectural Drawing entitled Korchin-Rentz, sheet I prepared by Meryl Kramer R.A., not dated. _CONDITIONS: I. The application of fertilizer, herbicide and pesticide on lawn areas is prohibited. 2. The attached "as built" storage bin/shed shall not be enlarged or increased in height, or used for anything other than storage. 3. No heat, electric or plumbing shall be permitted in the "as built" attached storage bin/shed. 4. The "as built" storage/shed shall not be reconstructed. Should its condition be beyond repair; it must be removed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code, This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that ia' de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members: Homing, Weisman (Chairperson}, Goehringer. was duly adopted (3-2j, Lesl~~~o n~~ - Approved for filing /~/d{ /2012 Nays' Members Schneider, Dinizio. This Resolution EXTEND EXSiTNG ROOF FOR NEW COVERED NEW WINDOW NEW WINDOW SHOWER Q BEDROOM ._~ ~ C KITCHEN EX[ST. SHED ,/ II -- REMOVE WINDOW ¥ WITH NEV WD STOOP AS ~LACE TH NEW FRENCH DOORS i FIRST_~FLOORPLAN 1/4.=1,-0" NEW SLA~ED WOOD REPLACE MIST. WINDOWS EXIST, SHED B~OND REPLACE EX, WINDOWS EXIST, SHOWER ENCLOSURE REPLACE EX. BOORS 2 SOUTH~ELEVATION 1/4,,= 1,~0,, 3 NORT_~HELEVATION 1/4"=1'-0" REPLACE EX, WINDOWS, TYP. ~ EXIST. SHOWER ENCLOSURE 4 EASTE_~LEVATION 1/4.=1~-0" EXIST. SHE~ 5 WEST_~ELEVATION IREVIEWED BY Za.~, I IF': If, ClllON tt ~-~---%- I COVERAGE OVER UPLAiVD LOT AREA AREA ~ LOT COV£RACE! \ \ SURVEY OF PROPERTY EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-$1-t7-03 SCALE 1"=10' MAY 26, 2012 JUNE 18, 2012 ADDED LOT COVERAGE UPLAND AREA = 4,827 sq. ft, WETLAND AREA = 116 sq. f% RECEIVED 0C1 0 4 ~OlZ BOARD OF APPEALS ~VOTE$. 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: 2. THIS PROPERTY iS IN FLOOD ZONE AS (EL. 6) FLOOD IHSURANCE RATE MAP No, S610SCD177H iFINAL MAP RENEWED BY ZBA SEE DECISION # Logo L~ D~ATED.. ~ ~- I~© I; ~ Nathan Taft Corwin III Land Surveyor 3~--0B7 TO: FORM NO, 3 NOTICE OF DISAPPROVAL Meryl Kramer for D Korchin & J Rentz P O Box 683 Greenport, NY l 1944 RECEIVED 0C'¢ 0 4 2012 BOARD OF APPEALS DATE: July 27, 2012 Updated: Octobor 4, 20i2 Please take notice that your application dated July 27, 2012 For an "as built" shed & deck addition to an existing single family dwelling at Location of property 2085 Bay Ave., E Marion, NY County Tax Map No. 1000 Section31 Block 17 Lot3 Is returned herewith and disapproved on the following grounds: The "as built" additions on this non-conforming 4,827 (upland) sq. 1t. lot, are not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting ora building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. ft., the required side yard setback is 10' & the rear yard setback is 35". The "as built" shed addition is noted at approx. 3.3' from the side yard & the "as built" deck addition is shown at 24.9' from the rear yard. TO: Meryl Kramar for D Korchin & J Rentz P O Box 683 Greenport, NY 11944 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 27, 2012 RECETqED Please take notice that your application dated July 27, 2012 For an "as built" shed & deck addition to an existing single family dwelling at Location of property 2085 Bay Ave., E Marion, NY County Tax Map No. 1000- Section 31 Block 17 Lot 3 Is returned herewith and disapproved on the following grounds: The "as built" additions on this non-conforming 4,827 (upland) sq. ~. lot, are not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. ~,., the required side yard setback is LO' & the rear yard setback is 35". The "as built shed addition is noted at appr~. 3.3")t~om the side yard & /the "as built" deck addition is shown a(~fi-om the rear yar ."rd7 Joanne Minieri COUNTY OF SUFFOLK Steven Beilone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Deputy County Executive and Commissioner October 19, 2012 RECEZVED BONgo 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. 6600 6604 6605 Very truly yours, Sarah Lansdaie Director of Planning T~eo~oore R. Klein ' Senior Planner TRK:mc H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 11788~099 · (631) 853-5191 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD mo~ MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals RECEIVED oCLCFT From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2012 Re: Coastal Consistency Review for ZBA File Ref. DAVID KORCHIN and JOAN RENTZ #6604 SCTM#1000-31-17-3 A Board of Trustees permit (7858A) has been issued on July 18, 2012 for the rear deck only. A site inspection was conducted on October 5,2012. DAVID KORCHIN and JOAN RENTZ #6604 - Request for Variances from Article XXIII Section 280- 124 and the Building Inspector's July 27, 2012, updated October 4, 2012 Notice of Disapproval based on an application for building permit for "as built" shed and deck addition to an existing single family dwelling at: 1) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required rear yard setback of 35 feet, located at: 2085 Bay Avenue (adj. to Marion Lake) East Marion, NY. SCTM#1000-31-17-3 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 established a non-disturbance buffer from the white picket fence waterward to Marion Lake. It is recommended that the buffer is shown and labeled on the current survey. Additional Recommendations: No gutters, leaders or drywells were observed. Require that the applicant meet Chapter 236 Stormwater Management requirements. Due to the grade of the parcel, storm water has the capability of entering surface waters. Due to the environmental sensitivity of the parcel, grade and closed water body - it is recommended that the Board consider prohibiting the application of fertilizer, herbicide and pesticide on the lawn area. 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 OCT e 012 BOAR~0~AIPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAI,g AREA VARIANCE House No. ~Street ¢~ ~[x~[J~ Hamlet ~l~ SCTM 1000 Section '~ Block ~ Lot(s) ~ Lot Size .Zone I ~E) A~PE~ XHE ~TTEN DETE~ATION OF THE BUILD~G ~SPECTOR DATED [ Q/~/] ~ BASED ON S~Y/SITE PL~ DATED ~/~/ npplicant(s)/~ner(s): b~V~ ~0~ [~ ~0~ Mailing Address: ~ ~ONT~ ~'1 ~0~ ~ Telephone: ~1 ~ - ~b ~: Email: ~0~ I ~N ~ ~. NOTE: In addition to the above~ please complete below if application is signed by applicant's a~orney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~ ~~ for (~Owner ( )Other: Address: ~0 ~ 6~ ~N~O~T, N~ Telephone:4~-~+~ Fax: ~-~b~ Email: M~L~ Please check to spec~ who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below: WHEREBY THJE B~ILDING INSPECTOR REVIEWED SURVEY/SITE,PLANi DATED 5'-~..(0. 7.- aad DENIED AN APPLICATION DATED 7{¢:~/~g FOR: ( ) Building Permit ( Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( Change of Use ~Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the co.i;le..k _ Article: ~g~ I ~ [ Section: ~,~)- [ ~2..Z¥ Subsection: Type of Appeal. An Appeal is made for: (>0 A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Rev~ers/al or Other A prior appeal iX} has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). , ~ Year(s). ~ ' ' ~) , ('t9 ~.- . (Please be sure to research before completing this question or call our office for assistance) OCT 0 4 20~2 Name of Owner: ZBA File# BOARD OF APPEALS REASONS FOR APPEAL (?lease be specific, additional sheets m~ be used with ]~reparer's signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 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: 3. The amount of relief requested is not substantial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5. Has the alleged difficulty been self created? { } Yes, or { } No Why: Sworn t before me this /'4 day of Or/v~-.,w ,~,9 · Are there any Covenants or Restrictions concerning this land? '~l,d No { } Yes (please furnish a copy) 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 conununity. M E R Y L K R A M E R a r c h i t e o t RECEIVED OCT 0 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE REASONS for PROPOSED ADDITION KORCHIN RENTZ RESIDENCE An undesirable change will not be produced in the CHARACTER of the neighborhood as a result of the proposed work. The addition is minimally visible from the road and is close to the existing grade. The benefit sought by this project cannot be achieved without an area variance. The house is located on a very small lot and the existing side yard does not meet the required side yard setback. The amount of relief is not substantial. The deck, shed and shower addition does not exceed the maximum lot coverage requirement. The variance will not have an adverse effect on the physical or environmental conditions of the neighborhood. Yes, the variance has been self-created. 218 FRONT STREET P.O. BOX 683 GREENPORT, NY 11944 631-477-8736 WWW.MKARCHITECT.COM OAPPLICANT'S PROJECT DESCRIPT~N APPLICANT: 1. For Demolition of Existing Building Areas Please describe areas being removed: DATE PREPARED: REC E'~VED ~}~"6~:?OL~ OCT 4 .... /Ul£ APPEALS II. New Construction Areas (New Dwellin~ or Ne~ Additions/F~xtensions~: -- - ~ ,,-,. -., Dimensions offirst floor extension: /t~ ~IL.-~ ~ _ CT~.t~,~ I~' Dimensions ofnew second floor: --' ~q~ I~][L,~- '~. Od~ '~ ~'~' ~ ~! Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: A'~ Number of Floors aud Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: ~0i4 Percentage of coverage of your lot by building area: ' ' V. Purpose of New Construction: ~'~l-~.~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): [;LAT' Wll A-p. A- No dM Please submit 8 sets of 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. 4/20 ! 2 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes /~ No Ar~/there any proposals to change or alter land contours? /~x No Yes please explain on attached sheet. OCT 0 4 2012 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? Y~ 2.) Are those areas shown on the survey submitted with this application? 5/1~ 3.) Is the property bulk headed between the wetlands area and the upland building area? l'q0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ¥1~ 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? ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? H0 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?~[Q~lf yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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 ._<~U(_o[ .~ FA~q~ILN' and the proposed use · (ex: existing single family, proposed: same with garage, pool or other) Auth&~d signature and Date Appendi× C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only RECEIVED OCT 0 4 2012 BOARD OF APPEALS PAR1 I - PROJECT INFORMATION (To be completed by Applicant or Project SponsorI ,[ MER'~t. KRAMER-DAVH)K()R('HIN/',NI)JOAN RENT7 i KOR(?HIN RENTZRESIDENCE N(JFFOI .K PROPOSED ACTION IS [] Hew [] Expens~on [] Modification/alteration DESCRIBE PROJECT BRIEFI Y \S BUILT PERMIT FOR EXISTING WOOD DECK AMOUNT OF t. AND AFFECTED [ ~ WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [_~ Ye~ ~. NO If NO, describe briefly SOt FI'HEAS'FERN SIDE YARI) SE'TtLACK DOES NOT MEET MIN. REQUIREMENT WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residen~ia~ ~ Industrial [] Comme,cia! Describe ~_] Agricullure ~] Park/Forest/Open Space [] O1hmr tO DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY fFEDERAL STATE OR LOCAl )? ~ Yes bi NO [f Yes list agency(s) name and perm approva s TOWN OF SOUTHOLD ZONING BOARD OF APPEALS, TOWN OF SOUTHOI.I) I'1<1 fSTEES DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAl.? l__i Ye~ [] NO Et Yes hst age.¢y($) ~ame and permit/spprov¢ls I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanlYsponsor name MERYL KRAMER Date: -~/23/I the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Reset PART II - IMPACT ASSESSMENT ITo'l~!'compieted by Lead A~lency) C2 Aesthetic, agbcult[~rai, archaectogical h~storffi, or other nalural or cultural resources: o~ community or neiqhborhood chara~.~O~l~4.~J~pE~ her impacts including changes in use el either quantity or type of energy)? Explain briefly WILL THE PROJECT HAVE AN IMPACT ON ] HE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA!'/ [~"] Yes ~ !qo rf Yes explaffi brffil[y i iS I'HERE OR IS THERE LIKELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'~ LS PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othe~Nise significant. Each effect should Pe assessed in connection with its (a) seffing (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility: (e) geographic scope; and (f) magnitude If necessary, add attachments or reference supporting materials 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 C ack hsb~xif~uhave~den~i~ed~ne~rm~rep~tentia~Iv~arge~rsignific~n~ad~erseimp~ctswhichMAY~ccur Then proceed directly to the FULL EAF and/or prepare a positive declaration Check this box if you have determined, based on the information and analysis above and any suppoding documentation, that the proposed action WILl. NOT result in any sigf~i§canl adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Iead Agency P n o Type Name o Respor~sibe Officer in Iead Agencv Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED OCT 0 4 zd 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 variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. 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. 6. Location of Prol2erty: (road and Tax map number) ~O~ J;a-~'lt ~k/~ .. ~ kt~l:~l{3[,/ 7. Is the parcel within 500 feet ora farm operation? { } Yes 8. Is this parcel actively farmed? { } Yes .1~ 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 Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Signature O~p~ll~__~ ~ _10/ A- / I'Z. Date Note: I. 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 statanent. 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. RECEg/ED AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 0 4 2012 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. , ' ' ' ' , y pplyi g 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 TRANSACTIONAL DISCLOSURE FORM OCT 0 4 (yon stmmss oN BY ow R, a o a's ~OfiRO OF ~e To~ of Sou~old's C~e of E~ics ~ro~bim cnnflle~ of mt~t on ~e ~ of To~ o~ ~d employes. ~e o~se of ~ f~ is m ~vi& infn~at~on, w~ c~ ~ ~e To~ of ~ossible co~ic~ of ~st ~d ~ow it m ~e w~tev~ ~fion is n~s~ to avoid s~e. (L~t ~e,' ~t ~ ~ddle ~fi~, ~e~ you ~ appl~g in ~e n~e of ~m~ne else or o~ ~ti~, ~ch ~ a co~y. If so, ~cate ~e o~ ~ or co~y ~e.) NATURE OF APPLICATION: (Check all that apply.) Special Exception Tax Grievance Variance If "Other", name the activity: Change of Zone Approval of Plat L Exemption from Plat or Official Map Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmemhip, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or empiric owns more than 5% of the shares. YES[ I NO[ ~ [ Complete the balance of this form and date and sign below where indicated, Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appmprinte line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): ~ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ] B) the legal or beneficial owner of any interest in a non..corpomte 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 ~ da~ of ,4~(/J~_ Signature: ~X'~-~ ~. ~ ~J -- Print Name: ( Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM RECEIVED 0 4 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A p~posed 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 The Application has been submitted to (check appropriate response): TownBoard [] PlannthgDept. ~ Building Dept. ~ BoardofTrnstees 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: Location of action: Site acreage: Present land use: Present zoning classification: RECEIVED ~O-a-RD 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) Nameofapplicant: ~'~A'Vl[~) ~l~xl ~'~0A'~ (b) Mailing address: ~/0 HF(~,, .~:~pr~O~.. (c) Telephone number: Area Code ( ) 091 ~I~-'~-~-"~::~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~] No~ If yes, which state or federal agency.'? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~Yes [] No [] (Not Applicable- please explain) Attach additional sheets ii' necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No [~' (Not Applicable - please explain) RECEIVED OCT 0 4 Attach additional sheets if necessary BOARD OF APPEALS 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 Yes (Not Applicable - please explain) No Aitach additional sheets if necessary NATURAL COAST POLICIES 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- please explain) A~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ili - Policies Pages 16 through 21 for evaluation criteria Yes No ~(Not Applicable- please explain) 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- please explain) RECEIVED ntt ~ l. 9f117 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No'Not Applicable- please explain) ......... 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 II1 - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No'(Not Applicable- please explain) 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 !11 Policies; Pages 47 through 56 lbr evaluation crite~R~CEIYED~ff~ Yes [] No ~_ (Not Applicable- please explain) OC]- 0 4 ~01~ BOARD OF APPEALS 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 III - Policies; Pages 57 through 62 for evaluation criteria. [~Yes [~ No [] Not Applicable - please explain 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. [~ Y~ ~No ~Not Applicable lease ex lain 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 - please explain RECEIVED OCT O ~ 201Z BOARD OF APPEALS David Korchin and Joan Rentz 57 Montague Street Brooklyn, NY 11201 May 23, 2012 We hereby authorize MERYL KRAMER, ARCHITECT to act as our agent in obtaining all permits required by TOWN, SUFFOLK COUNTY and NEW YORK STATE for the renovation of our home located at 2085 Bay Avenue, East Marion, NY David Korch~ Joan I~entz Date Date Meryl R. Kramer, AIA, LEED AP Approved By:. Yehudit Moch Judith Ullman Date Attachment: Standard Terms and Conditions (4 pages) Proposal for Architectural Services 6 Zimardo Residence 7/17/2012 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certi[icate O[ Occupancy No Z ~897 ............ Date THIS CERTiFIES that the building located at BP:Y. Ave .............. Street MapNo.xXx Block No. ~ ---- ~ . . ~_qul~ents fo~ one f~ily d~lling conIo~s substantially to the ~ built ~ Certificat~ of occu~anoy dasd ... b~rore.(,p~! 2.3, 19 /.Tp~suant to which~No, dated Nay 9 19 7~ was Issue ................. , , ' d, ~d conforms to all of the r~uir~ ments of the applicable provisions of the law. The occupancy for which this cer~icate is issued is ~r.!Y~ }?.,?p~, .[}m~.~y awol ~ing The certificate is issued to .I,l~r?~. Sr~da ~ & "~tf* ~ ................. ...... g.. . of the aforesaid building. (owner, lessee or ten.t) Suffolk County Department of Health Approval pr*- ~xlstlng UNDERWRITERS CERTIFICATE No. pr~- HOUSE NUMBER .~O~.~ ..... Street Bay ~ve ..... [ Building Inspector RECEWED OCT 0 4 ZO1g HOUSING CODE INSPECTION May 8, 1974 #2085 Bay Avenue R-1 East Marion, N. Y. Tax Roll: Harvey Brunda~e & Wf Unoccupied RECEIVED OCT 0 BORRD OF APPEALS Upon request of the Southold Town Building Department I made inspection of this one story framed dwelling and found the following violations of Chapter 52, Housing Code, Town of Southold. I picked up the key from the Robert W. Gillispie real estate office on North Road, Southold, and started inspection at approximately 11:45 A.M. The building consists of two bedrooms, one bathroom, and a combination living, dining and kitchen room with an enclosed front porch entrance. Building on cement block piers not skirted - Article VI, Sec. 52-63 B. Two Bedrooms - Insufficient floor area for occupants. One room 90 sq. ft. , two occupants. One room 97 1/2 sq. ft. - two occupants. Article II, Sec. 52-22 A-2. No Heating System - occupancy from May 1st to October 31st only - Article V, 52-53 A-1. A violation of Chapter 100 Zoning Ordinance exists in that new shrubs were planted beyond front property line on Town property (road side). Article III, Sec. 100-35. Building and yard area well maintained. Inspection completed at approximately 12:00 P.M. Key was returned to real estate office. KORCHIN RENTZ DECK KORCHIN RENTZ DECK/MARION LAKE KORCHIN RENTZ SHOWER AND SHED KORCHIN RENTZ DECK/REAR OF HOUSE ACTION OC TII~ ~N~G BOARD OF APPEA~ Appeal No. 503 DaSd August 30, 1962 ACTION OF T~2 ZONI~ ~ ~ ~p~ OF T~E TOWN OF ~O~ Irene S. Martin and Dorothy Lon~or~ Te Old Shipyard ~ne Rabbit Lane ~ Sou~old, New York East Mar~on, New York DAT~eptea%b_9_r__l 3, 1962 at a m~¢rh,g 01 the z~ukng B~d o! Ap~ onThursday, September 13, 19615he a~eal RECEIVED OCT 0 4 BOARD OF APPEALS ............. or' ~he Zoning Ordinance, and tt~e decision o1 the l~uilding Inspector ( ) be vever~od ( ) be 8:00 P.M. (E.D.S.T.i, upon application of Irpne S. Martin, Old Shipyard Lane, Southold, and Dorothy Longworth, Rabbit Lane, East Marion, New York, ~gr a variance i,n. accordance with the Zoning Ord/nance, Article III, Section 303 and Artic.le X, Section 100QA, fo~ permission to divide property into two lots each containing less frontage and area than prescribed by t3~ Ordinance. Location of property: east side Bay Avenue, East Marion, New York, bounded north by Marion Lake, east by Marion Lake~ south by J. Brown, and west by Bay Avenue. SEE REVERSE SEE REVERSE SEE REVERSE (Continued from front) RECEIVED BOARD OFAPP£ALS .fret investigat~n and inspection the Board fin~s that t~e two cottages located on the applicants property were erected prior to 1957. Practically all properties in this area are undersised lots. The proposal to divide the property will result in two lots larger than most of the pro~erties in the neighborhood. The ~roperty in question is being enlarged by returning the Marion Lake frontage to its original size ~rior to severe storm damage. Therefore it was RESOLVED that Irene S. Martin and Dorothy Longworth be granted ~ermission to divide.pro~erty into two lots with reduced frontage and area. Location of property= east side Bay Avenue, East Marion, New York. Longworth lot: Frontage: 69.0 ft., Rear= 54.0 ft., Depth: nerth side: 59.49 ft., south side: 70.0 ft, Martin lot: Frontage: 60.0 ft., Rear: 65.0 ft., Depth: north side: 70.0 ft., south side:, 95.0 ft. TOWN OF SOUTHOLD PROPERTY REI:ORD CARD ~0, ~ ~q~ n~7, .', , FORMERO N E , ACR. UU/' RES. - S~S. ~0 ~ ML. FARM COMM. GB. MISC. Mkt. Value - L AGE BUILDING CONDITION/p/,,/o~ - L ]z~zT~ ?~- }ch~ N~ NORMAL BELOW ABOVE FARM Acre Value Per Value Tilbble 1 Tillable 2 Tilloble 3 Woodland FRONTAGE ON ROAD Brushland ~ouse Plot~_~ ~-- DEPTH ~.~ I BULKH~D ~ '~ ~ ~ D~K Total 31.-17-3 11/10 ~xtension 3asement /~ Floors ~1 K K. Extension ~t. Walls ~.7~.~ Interior Finish ~ LR. Extension Fire Place /,/~O Heat r~ 6 DR. ~ ~ k' ~ / M Type Roof, Rooms I st Floor BR. ~ Porch ~ ~/~ ~ ' ~ /~ ~ / Recreation Room Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage Patio 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: Southold Town Zoning Board of Appeals Elizabeth A. Neville DATED: RE: October 5, 2012 Zoning Appeal No. 6604 Transmitted herewith is Zoning Appeals No. 6604 of Meryl Kramer for David Korchin & Joan Rentz - 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, Copy of Notice of Disapproval from Building Department Updated October 4, 2012, Copy of Notice of Disapproval Dated July 27, 2012, Copy of Authorization Letter from David Korchin & Joan Rentz to Meryl Kramer to Represent Them in this Matter Dated May 14, 2012, Copy of Certificate of Occupancy No. Z-5897 for Private One Family Dwelling Dated May 9, 1974, Copy of Housing Code Inspection Dated May 8, 1974 Prepared by Edward Hindermann, Building Inspector, One Page of Photos of Property, Two Pages of Action of Zoning Board of Appeals No. 503 Dated September 13, 1962, Copy of Property Record Card, Survey of Property Showing Existing Construction Dated May 26, 2012 Prepared by Nathan Taft Corwin III-Land Surveyor, One Page of Plans Showing Elevation and Floor Plans Prepared by Meryl Kramer- Architect. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 10/05/12 Transaction(s): 1 1 * * * RECEIPT * * * ZBA Application Fees Receipt~: 142676 Reference Subtotal 6604 $500.00 Check#: 1042 Total Paid: $500.00 Name: Korchin, David T 57 Montague Street, 8b Brooklyn, NY 11201 Clerk ID: CAROLH Internal ID: 6604 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 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, 20t2: 11:30 A.M. - DAVID KORCHIN and JOAN RENTZ #6604 - Request for Variances from Article XXlII Section 280-124 and the Building Inspector's July 27, 2012, updated October 4, 2012 Notice of Disapproval based on an application for building permit for "as built" shed and deck addition to an existing single family dwelling at: 1) less than the code- required minimum side yard setback of t0 feet; 2) less than the code required rear yard setback of 35 feet, located at: 2085 Bay Avenue (adj. to Marion Lake) East Marion, NY. SCTM#1000-31-17-3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us Dated: 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 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel #1000- ~2[ - [~[ COUNTY OF SUFFOLK STATE OF NEW YORK I, ~Xit~r'-]l ~-~(~YI~J~ residingat ~ l"]~td ~'13-~ff~)l~/kx~j~xA~xl~/ New York, being duly sworn, deposes and says that: On the I ~cllay~ of f)d~-O ~/, 2012, I personally mailed at the United States Post Office in [~rl~Xq~ ~k)(j~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicUlar right-of-way of record, surround~ -,/~ 0 (Si~ature) Sworn to before,me this (Notary Public) 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. Steven Mandaro r~ ~c3 or t='o ~ox No. 47 ReveHv Rd_ rl-i Postage 0952 Certgied Fee 06 c3 Return Receipt Fee Poetmark {:~ (Endorsement Required) t0/t&/2~2. $1.10 $2.~ $2.35 $0.® $ ~ m 0952 O6 postmark Here s $1.10 $2.~5 $2,35 $0.00 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the mailpleca, or on the front if space permits. A. Signature B. Received by (P~nte~ Name) [] ,,Njent 0 ~dressee D. Isdelive~addmssdiffemntflon3iteml? i'lyes ff YES, enter delivery address below: [] No 1OOO-31-17-4 Steven Mandaro Fortune Mandaro 47 Beverly Rd. Hawthorne, NJ 07506 [] Ce~'fled M~I [] F. xl~ess M~II [] Regl~amd [] Return Receipt for Merchandise [] Inaamd Mall [] C.O.D. Restfloted Dml[ve~j? ~ Fee) [] Yes 2. ,Ntlole Number (Tmn~ferfmm~er,4ce, 701t 2000 0000 6436 1450 PS Form 3811, February 2004 Don~stlo Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- oD ~ - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~/ ~( residingat b~6 ]X3~ ~-'Ol]t5 Aore. ~~ C)~ ,New York, being duly sworn, depose and say that: On the /~)5la' day of (~{'t~5).ff~ ,201~, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* -' and that I hereby confirm that the Poster has remained in place for seven (7) days p,rior to theI date of the subject hearing date, which hearing date was shown to be I I ' I ' Q~ Swom to before me this Dayof 0~)- ,2012--. I~ELANIE V. 3~07-.~ * 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 Re~tn~ted Delivery Is desired. · Print your name and address on the reverse an the~ we can retum the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. 1000-31-16-6 TOeC~ Realthy LLC CiO A~ SCermato 10320 Mtibume Lane ao~e I~to~. FL 33498 B. Received b, [] Agent [] Addressee D, Is delive~ address different from Item 17 If YES, enter delivery address below: r-i No 3. Service Type [] RegMered [] Ex~ Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (E~ra Fee) [] Yes 2. A~leNumbe~ 7011 2000 00[30 6436 1436 L~_ FaTn 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3, Also complet~ item 4 if Restricted Delivery Is desired. · Print your name and address on fie reverse so that we can return the card to you, · Al~ch this card to the back of the mailplece, or on the front If space permits, 1. Articre Addressed to: t000-31-17-1 I*own of Southold ~,ttn: Town Clerk Box 1179 ~outhold, NY 11971 2. Article Number ~-re~e~._ 7011 2000 0000 6436 1467 PS Form 3811, February 2004 Domestlo Retum Receipt 10259~.0~ H-1540 D. I~ deliv~ address d~ [] Yes r-I Registered [] Return Recelpt for Merchandise [] Insured Mail [] C.O.D. Restricted ~eJive~ (Extra Fee) [] Yes 1000 11731 U.S. POSTAGE PAID HATTITUCK,NY 952 OCT 16. A~OUNT $6.40 00093377-06 7011 2000 0000 6436 2877 E R Y L K R A M E R a r c h i t e c t P.O. BOX 68~ GREENPORT NY 1~.944 NT ADDRESS INSUEFICIE_I .... un N ~ OTHER MpTEU ~u. ATTE R STREET NO sUCH NUMBE / RESSED NOT DELIVERABLE AS ADD - UNABLE TO FORWARD A NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KORCHIN & RENTZ # 6604 SCTM #: 1000-31-17-3 VARIANCE: SETBACKS REQUEST: "AS BUILT" SHED & DECK DATE: THURS., NOV. 1, 2012 11:30 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 #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 NOTic~ BOARD OF APPEAL8 THURSDAY NOVEMBER 1,2012 PUBLIC HEARINGS NOTICE IS li~REBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main York 11971-09~9; on ~ NO, by Resolution for the sole pu~oose of reviewing the prop0~ed Construction method for ihe f~ation and the preservation of porti0~ Of the exist- !ag dwelling as des~ri~ and granted m the original dec~ion #6550, locamd at: 50 Jackson Street New Suffolk, NrY angaee from~Agticle X~]ii SeCtion ne code req~ed ~hn~ b~ ~d setback of 15 feel, 2) iess than t~e ~e required combined 'side yard setbacks of 35 feet, located at: 9280 Nassau Point ROad (adj. to ?econ~c Bay) CuWbogue, N~, SCTM#10~.i lg.6.6 BAKOV ~ _ Request for Variances from Article III S¢ctlon 280-15(I} & C) and the Building Inspector's Sep ember 24, 2012 Notice of Disapp~val based week(s), successfully commencing on the Principal Clerk on an application for building permit to construct an addition to an ekisting 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 conic Bay) Mattituck, NY. SCTM#1000_ 123-8-5 Il '~.5 A~]~I- ANE~(2~N - Request for Variance from Article XXIll Section 280-124 and the Building Inspector's September 18 2012 Not ce of Disapprova based on an application for building permit for partial demolition and additions/alterations to an existing sing/e family seasonal dwe ng a 1) less han the code required front yard set- back of 40 feet, both streets on' this cor- ner lot, located at: 320 Fleetwood Road ~e~ ~toh ~venue) Catchogue, sct~t~0o-j i0:4-13 aaa~,_ n~,an ~oRcm~ - · ~- Re,"est for Va~- ?nces ,from Artier6 XXII! Sectio 24 . . , n 280- ~ and th~ But/drag Inspector's Ju y 27, ~.d2~ updated Ogtober 4i 20~2 Notice of Disappr0val based on an app cation for bUil~g permit' for ,as bet t" shed and d~ck'additi~n to an exi~stingsingle fam- ily dwelling at: 1) less than the code-re- qni~d minimum s de yard setback of 10 i f~el; 2) less than the COde required re'ar yard setback of 35 feet, located atz 2085 Bay Avenue (adj. to Marion Lake) East Manna, mt. s~aaT~3: , uamerge andidentified a~ S~ #1000-104-2.24, based on he Buiirlin Inspector s June 14, 2012, updated Se~ tembor 10~ 2022 Notice of Disapproval, which states adjoining conforming or nonconforining lots held in common ~wnership shall merge until the total lot s~ze ¢orfforms to the current bulk sched- ule (minimum 40,~00 Square feet in this R-40 Residential Zone District) this lot is merged with lot I000-104-2-23, located at: 1375 and 1475 Slerllng Road (c~rner day of ~,,,~)~ ~ 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 0IVO6105050 Quollfied In Suffolk County My Commission Expires Februory 28, 2016 Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 23 ance from Article XXII, Section 280- 116(B), based on the Bnilding Inspector's August .14, 2012 N~otice of Disapproval concermng an apphcation for construe. finn of a new single family dwelling at: 1) less than the code-required minimum setback of 75 feet from a bulkhead, in- cared at; 400 Old Cove Blvd. (corner Beverly Rd.) (adj. to Arsharaomaque Pond aka Mill Creek) Southold, N~ SCTM#1000-52.2-14 ]f,/kY~d.]~ - Request for Var?-- The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearihg will not start earlier than des!gnated above. Fries are available for revmw during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by emaih Vicki. Tot h~iTown.gouthold,n¥.us. Dated: October 17, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vidal Toth 54375 Main Road (O~ice Lo~afion) 53095 Main Road (Malllng/USPS) P.O. Box 1179 Soulhold, NY 11971-0959 10,905-1T 10/25 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.north fork.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_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than 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 Ends. 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 SOUTI~IOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 4, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town ~[all 0.re}ex Southold, NY 11971 Re: ZBA File Ref. No. # 6604 KORCHIN, D. & RENTZ, J. OCT ---5 2012 1000-31.-17-3 Dear Mark: We have received an application for an "as built" shed & deck addition to dwelling. A copy of the Building Inspector's Notice of Disapproval trader 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 tkis letter. Thank you. Very truly yours, Leslie K./J Chairpe~ ( isman Encls. 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 4, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6604 KORCHIN, D. & RENTZ, J. 1000-31.-17-3 Dear Mark: We have received an application for an "as built" shed & deck addition to 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 truly yours, Leslie K;fi Chairpe~ By: ~ lisman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 4, 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 XIV of the Suffolk County Administrative Code: ZBA File # 6604 Owner/Applicant: KORCHIN, D. & RENTZ, J. Action Requested: "As built" shed & deck addition to an existing dwelling. 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 K/qVVeisman ZBA ~faf/perso~ x3J. x~ NOTES: TOWN OF SUFFOLK COU $.C. TAX No. SCALE MAY 2 TOTAL LO1 (TO TfE t UPLAND A WETLAND , (TO TIE LIN 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 EXISTING ELEVATIONS ARE SHOWN THUS:~o EXISTING CONTOUR LINES ARE SHOWN THUS: F. FL. FIRST FLOOR G. FL. - GARAGE FLOOR 2. THIS PROPERTY IS IN FLOOD ZONE AE (EL. 6) FLOOD INSURANCE RATE MAP No. $6105C0177H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goelmnger George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 December 21, 2012 Meryl Kramer P.O. Box 683 Greenport, NY 11944 RE: ZBA Application #6604 - Korchin Dear Ms. Kramer: Transmitted for your records is a copy of the Board's December 20, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Prior to applying for your building permit, you must submit for approval and filing two sets of the architectural drawings and revised survey conforming to the alternative relief granted. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely(~'~ Vicki Toth Encl. Cc: Building Dept. MAIN MARION LAKE 9 MARION ~J~KE ,¢