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Home My WebLink About1000-123.-8-5 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) $outhold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2012 Re Coastal Consistency Review for ZBA File Ref EMILIA and ILYA KABAKOV #6602 EMILIA and ILYA KABAKOV fl6602 - Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1 ) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM#1000-123-8-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "BB" and "F" which states: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mmhne' ' _ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD 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. # 6602 Dear Mark: We have received an a square footage. A copy of the 280 (Zoning Code), and reference. Your written evaluation with Code procedures of letter. Thank you. KABAKOV for ~acce OCT - 3 2012 ~,~ 1000-123-8-5 addition exceeding height and maximum Notice of Disapproval under Chapter iect description form, are attached for your this proposal, as required under the is requested within 30 days of receipt of this Very truly yours, Leslie ~_~eism]m FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 24, 2012 TO: Mark Schwartz for E & I Kabakov P O Box 933 Cutchogue, NY 11935 Please take notice that your application dated September 13, 2012 For permit for an a_ccessorv addition at Location of property 1700 Park Avenue, Mattituck, NY County Tax Map No. 1000 - Section 123 Block~8 Lot ~5 Is returned herewith and disapproved on the following grounds: The proposed accessory addition is not permitted pursuant to Article III~ Section 280-15. In the AC & Low Density Residential... Districts, accessory buildings and structures ... shall be ... subject to the following requirements: B) Buildings with a sloping roof shall be subiect to the tbllowing height & setback limitations. The maximum height on lots over 80,000 sq. ft. is 22'. Thei2_roposed height is 25.33'. _C) Such buildings...shall not exceed 3% (percent) on lots over 60,000 sq. ii. U129_B comp!etio_n: the footprirlt of one of!h_e accessory buildings wi!! measure a~pproximatel¥ 4496 sq. lt, Permit Examiner Real Properly Tax Service Agency ADDITION ,r,,,,,~ O0CIO ~ DO011 011 :Oo~ O0OD OD FRONT ELEVATION SCALE: 1/8": 1' RIGHT ELEVATION SC.q~: 1/8" = t' RECEIVED OCT 01 BOARD OF APPEALS REVISIONS: Z 2ND. FLOOR PLAN SCALE: 1/8" = 1' 27'-- 7~,~' iST. FLOOR PLAN SCALE: 1/8" = 1' l RECEIVED OCT 0 1 2012 BOARD OF APPEALS REVISIONS: lmm Z o o < APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS or, ce o.,, 0 I Fee: $ Filed By: Date Assigned/Assignment No. RECE V~D Office Notes: Of~'~ ~"~-{ Z01~ House No. 1700 Street Park Avenue Hamlet Mattituck BOARD OF APPEJ~[.~ SCTM 1000 Section 123 Block 8 Lot(s) 5 Lot Size 102,812 sq. ft. Zone R40 I CvVE) APPEAL THE,WRITTEN DETERMINATION OF THE BU. ILDING INSPECTOR DATED ~ BASED ON MAP DATED Applicant(s)/Owner(s):.Emilia and Ilya Kabakov MailingAddress: 1700 Park Avenue Telephone: 631-2986530 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicanl's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark ~chwartz, Architect for ~ Owner, or {-~ Other: Agent's Address: P.O. Box 933, Cutchogue, Ny 11935 Telephone (631) 734-4185 Fax #: (631) 7.34-2110 Email: mksarchitec0goptonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [~pplicant/Owner(s), or [~]Authorized Representative, or [~)ther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 00//,0//Z-- and DENIED AN APPLICATION DATED O~//~//Z- FOR: ~ ' E~uilding Permit [~3Certificate of Occupancy [~]Pre-Certificate of Occupanc) [~]Change of Use [~Permit for As-Built Construction [~])ther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article__.,~,._ Section 280- /,5 Subsection Type o~npeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. ~ Variance due to lack of access required by New York Town Law-Section 280-A. [~[nterpretation of the Town Code, Article Section I~Reversal or Other A prior appea~l~as, I~as not been made at any time with respect to this property, UNDER Appeal No. ~ Year__. (Please be sure to research before completing this question or call our office for assis,anceO (" 0 Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occ upton> o f proposed construction: a. Existing use and occupancy oC/A.)~'(,.~' ~'/4,,4,t,/(,/y b. Intended use and occupancy Fee 3. Nature of work (check which applicable): New Bailding Repair Removal Demolition If dwelling, number of dwelling units garage, number of cars 4. Estimated Cost 5. Addition Od~cr Work Alteration (Description) (To be paid on filing this application) Number of ch~elting units Oil each floor 6. If business, commercial or mixed occupancL specif) nature and extent of each type of use. 7. ~mensions of exis-ting structures, if anv: 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 Height Number of Stories 9. Size of lot: Front Rear Depth. .Depth 1 0. Date of Purchase Name of Former Owner ..,, 'I TOWN OF SOUTHOLD BUILD]SXG DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Exam ined ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health ~ 4 sets of Building Plans/ Planning Board approval~-~ Survey Check Septic Form N.Y.S.D.E.C. Trustees C.G. Application~ Flood Permit Single & Separate~ Storm-Water Assessment Form~ Approved .20 Disapproved a/c ~/)..~[,¢!._ ~ Expiration ,20 Contact: Mail to: Building Inspector APPLICATION FOil BUILDING PERMIT INSTRUCTIONS Date IZ-_---- a. This application MUST be completel) filled in by ~,pewriter or in ink and submitted to tbe Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, 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 tl~e premises available tbr inspection throughout tile work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Buildiug Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if tile '~ ot-k authorized has not commenced within 12 months after the date of issumlce o~: has not been completed within 18 months from such date. If no zoning amendments or otber regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, tbe extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to lhe Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordin~mce of the Town of Sootbold, Sufl'olk County, New York, and other applicable Laws, Ordinances or Regulations, for the constroction of boildings, additions, or alterations or for removal or demolition as herein described. Tbe applicant agrees to comply with all applicable lax~ s, ordinaoces, building code. housing code, and regulations, and to admit authorized inspectors on prenlises and in building fbr necessary inspections. (Signature of applicant or name. if* a corporation) (Mailing address of applicant) Name of Owner: ZBA File # 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 (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 benefit sought cannot be achieved by method feasible because of use of occupancy. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the proposed addition is within the allowable building envelope. (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 in, pact on the physical or environmental conditions in the neighborhood or district because the existing septic system wil! be removed and a new one installed. Drywells will also be installed to collect water runoff to reduce erosion. (5) Has the alleged difficulty been self-created? [~es, or [~No. Are there Covenants and Restrictions concerning this land: [~]No. [~Yes O~leasefurnish co#vi. 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 L'SE VARIANCE IS BEING REQUESTED, AND-.P~.EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: ~ , ~ (Pleasebesuret ' s tyo.~a ne ~ S'~ppella~t or,Authorized Agent day of ..~.~ ,20 i '~' Notary Public VICKI TOTtt NotaPj Public, State of New York No. 01TO6190696 Qualdied in Suffolk Country Commissinp Fxoires !ulv 98 ~Ci] (_{9 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Emilia and Ilya Kabakov Date Prepared: Au~:ust 27, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: front bump out wall on left side of house 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: overall: 11'-4" x 27'-7 1/2" Dimensions of new second floor: overall: 30'x33'-8" Dimensions of floor above second level: Height (from finished ground to top of ridge): highest point: 25'-6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no 11l. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Ftoors and General Characteristics BEFORE Alterations: 1 story storage connected with 2 story existing storage on North and South sides. Number of Floors and Changes WITH Alterations: 2 story (to match existing) IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 102,812 sq. ft. Perceutage of coverage of your lot by building area: V. Purpose of New Construction: Extend portion of west side of existing structure to align with the north section of building. Existing outside stair to be relocated, connecting to existing deck (to be re-built for connection) with a new landing. Re-construct roof and floor to match with existing building. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Overall property slopes at approximatly 2% +/-. Property is grassey and wooded. Proposed adddition will have no impact on wooded area. 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 pretties listed on the real estate market for sale? Yes [ ¢ I No Are there any proposals to change or alter land contours? _[~_No [~ Yes please explain on attached sheet. 1 .) Are there areas that coutain sand or wetland grasses? No 2.) Are tbose areas shown on the survey submitted with this application? 'res 3.) Is the property bulk headed between the wetlands area and the upland building area? Yes 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. ls 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 snbmit a copy ofyonr building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel'? No If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel Existing House (no chan§e) Storage Building and the proposed use NO Change (square off) (ex ex si ngsingle £amilv proposed: same with garage, pool or other) Authorized ~Sat Z ~,/[ ~ FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34609 Date: 10/13/10 THIS CERTIFIES that the building ADDITION TO ACCESSORY I~m~ati~ of p~.-~'ty: 1700 pARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) Co~ty Tax Map NO. 473889 Sectio~ 123 Block 8 Lot 5 Subdivision Filed MapNo. __ Lot No. conforms substantially to the Application for Building Permit heretofore filed ih t~is office dated SEPTEMBER 15, 2009 pur~,mnt tO which ~uil~i~ Permit No. 35178-Z dated NOVEMBER 24~ 2009 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 SECOND STORY ADDITION (STORAGE ONLY TO AN EXISTING NON-HABITANLE ACCESSORY G3~RAGE AS APPLIED FOR. Th~ certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. ~om~-~L~[ COuntrY DE~A~ OF HE~J~TH APPRO%~tL N/A ~.~IC~L u~K-~IFICATE NO. 134031C 09/10/10 ~ ~L--~TIFICATI~ DA'r~u~ N/A Rev. 1/81 ~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall South01d, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-33712 Date: THIS C~RTIFI~S that the building ACCESSORY Location'of Property: 1700 PARK AVE (HOUSE NO.) (STREET) County Tax Map NO. 473889 Section 123 Block 8 Subdivision Filed Map NO. __ Lot NO. __ MATTITUCK Lot 5 (HAMLET) conforms substantially to the Application for Building Permit heretofore filed in thiB office dated MARCH 10, 2008 purs-~--t to which Buildl--g ~zmit NO. 33738-Z dated MARCH ~7~ 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY BUILDING AS APPLIED FOR PER ZBA #6091 DATED 12/6/7. The certificate is issued to EMILIA & ILYA KA~AKOV (OWNER) of the aforesaid building. SUF~OI~K COI]~F~"f ~pART~T OF H]~ALTH 1%P~RO~5%L N/A ~.~z-klC~ C~P~[CA~NO. 125654C PLUM~ CERTIFICATION DATED N/A 02/27/09 Au~orized Signature Rev. 1/81 APPEALS BOARD MEMBERS James Dinizio. Jr,, Chairman Gerard P. Goehringer Ruth D. Olive Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P,O. Box 1179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor, Noeda Fork 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 RECEIVED DEC 1 8 MEETING OF DECEMBER 6, 2007 [oulhold To~m Clef[ ZB File # 6091 - Ilya and Emi[ia Kabakov Property Location: 1700 Park Avenue, Mattituck CTM 123-8-5 SEQ. RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. ~WRP CODE CHAPTER 268: A letter dated October 24, 2007 was submitted to the Board of Appeals confirming the applicant's proposed action is exempt from review pursuant to Chapter 268.3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275 (Wetlands and Shorelines). SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area of 103,058 square feet, with 162.50 feet along Park Avenue (a/k/a South Road), and a depth of 641.14 feet along tbs westerly side property line. The December 8, 1998 survey prepared by John T. Metzger shows the property to be improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 2,790 square foot single-family dwelling and 346 square foot deck, plus two detached buildings. The architect's site plan shows updated construction existing at the same premises, with as-built additions connecting and extending the preexisting, nonconforming accessory buildings, and shows the proposed new area of 1,800 square feet. The existing accessory structure consists of Page 2 - December 6, 2007 ZBA File #6091 - Emilia Kabakov CTM 123-8-5 three sections totaling 4,174 square feet (858 sq. ft. and 1516 sq~ ft- garage areas and as-built 1800 sq. ft. storage area). BASIS OF APPLICATION: This application is based on an application for a building permit and the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line, citing Sections 280-15 (B and F) for this waterfront parcel. Code Section 280-15B states that buildings on lots containing over 80,000 square feet in size are limited to 22 feet in height (maximum) and in a location not closer than 25 feet from any property line. Code Section 280-15E states these building may be located in the front yard while meeting the side yard setback requirements for accessory buildings in Section B above for a waterfront parcel. The new addition, and the as-built structure built without town approval, are not permitted under Code Section 280-15C. This code prevision states that: "On lots over 60,000 square feet, no accessory building shall exceed three (3) percent of the total size of the property. The garage with the "as built" construction already exceeds the code limitation of 3092 square foot (or 3%) with 5,974 square feet of coverage by the existing conditions. FINDINGS OF FACT. The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the fo]lowing facts to be true and relevant: AI~.EA VARIANCE RELIEF REQUESTED: The applicant requests area variances pertaining to the section of the accessory structure which was built without town approval. The as-built construction is +/- 25 feet in height, greater than the current code limitation of 22 feet in height (to the top of the ridge) and results in 4174 square feet, or 4% of the parcel size, greater than the current code which bruits the size of an accessory building to 3% (3,092 square feet) of the parcel (103,058 square foot p~rcel). The setback is conforming at 25 feet from the side line. Also requested are area variances related to the proposed additional module of 1,800 square feet adjoining the as-built accessory building. This new construction would increase the size of the building to a total of 5,974 square feet (or 5.8%). It would also exceed the current limitation of 22 feet in height with its proposed 25 feet in Page 3 - December 6. 2007 ZBA File #6091 - Emilia Kabakov CTM 123-8-5 height, and when proposed with a 22 foot setback, would also be less than the code minimum of 25 feet from the eastern property hne on one corner. REASONS FO]~ BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A: Grant of the variance concerning the additions to the accessory building will produce an undesirable change in the character in the neighborhood or a detriment to nearby properties. This will be the only 103,058 square foot parcel in the area having a single accessory building of a size greater than 3% of the parcel size. B: Grant of the variance concerning the as-built addition will not produce undesirable change and allows the large-scale paintings to be properly stored in the existing as-built building. Also, the property is heavily wooded with a depth of over 600 feet. All of the adjoining lots are also heavily wooded with long depths, but no other lot has the same number of garage expansions in a single accessory building consisting of 5,974 square feet. 2. Town Law q267-bi3)(b)(2~. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit sought by the applicant cannot be achieved by some method. feasible for the applicant to pursue, other than an area variances for the existing as- built accessory building, However, the requested new increase for an additional module (1,800 square feet) can be achieved without an area variance. 3. Town Law q267-b(3)Co)(3). The variances requested herein are substantial. The variance requested in relation to the size of the accessory building with a new module would be 5,974 square feet, greatly in excess of the building size limitation of 3% (maximum) of the parcel size, and is substantial resulting in 5.8% of the parcel size. The relief requested results in 60% of a variance over the code allowance for building size. While the as-built storage building currently meets the code-required setback of 25 feet, a variance is necessary concerning its size, currently 4,174 square feet, and for its nonconforming height over 22 feet. The requests for the height is not substantial, representing 13% variance from the code allowance of 22 feet to the top of the ridge. 4. Town Law ~267-b(3)(b)(~ The difficulty was self created. The premises was acquired with accessory buildings on the property. Page 4 - December 6, 2007 ZBA File ~6091 - Emilia Kabakov CTM 123-8-5 5. Town Law .q267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variances concerning only the as-built section of the existing storage bui/ding is the minimum necessary and adequate to enjoy the benefit of storing the large-scale paintings and other large works of art, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to DENY the variances, as applied for, without prejudice, concerning the proposed additional construction to this accessory storage building; and to GRANT the variances, as applied for, concerning the as-built accessory building. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was dul~adoptedt~0). ~'~e~ Di~izio Jr.~ C]~drm~n '12/ q/2007 / Approved for Filing SCULPTURES 60' 0~ PROPOSE9 ADDITION NORTH ELE\,MON SECTION ~: I A~CHIvE% i -=- ] ARCH~VZS EXISTING ACCESSORY SIRUCTURES sc~z: V~F= r-o' WORKSHOP ADDITION ITO THE RESIDENCE MA]71TUCK PROPOSED FLOOR PLAN AND ELEVATIONS A FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEP~TMENT Office of the Building Inspector Town Hall Sou~hold, N,Y. CERTIFICATE OF OCCUPANCY NO: Z-33371 Rte: 11/03/08 THIS CERTIFIES that the building ADDITIONS & ALTERATIONS I~)cation of Property: 1700 P~K AVE ~L~TTI%~JCK (HOUSE NO.) (STREET) (PL~/MLET) County Tax Map No. 473889 Section 123 Block 8 I~)t 5 Subdiviaion Filed Map No. -- Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 30~ 2008 pUr~,mnt to which B~lding Per~tit No. 34193-Z dated SEPTEMBER 30, 2008 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATIONS AND A/DDITIONS, INCLUDING DECK AND SECOND FLOOR B~J~CONTM, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. ~UF~OLKC~DEPARTg~FCOFH~RO%5%L pLUMBERS CERTIFICATION DATED 07/07/06 N/A 103314C 08/30/08 CUTCHOGUE EJkST PL[~MBING Au~orized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTNOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30859 Date: 04/19/05 THIS CERTIFIES that the building ADDITION Location of property: 1700 pARK AVE (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 123 Block 8 MATTITUCK (HAMLET) Lot 5 Subdivision Filed MaD No. Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARy 24~ 2004 Dursuant to which Building PezTnit No- 30127-Z dated MARCH 2, 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION TO EXISTING ACCESSORY STO~AGE BUILDING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. Si3FFOLKCOUNTYDEPART~NTOF~EALTHAPPROIFAL N/A ELECTRICAL U~u~TIFICATE NO. 2008377 PLUI~EP~ CERTIFICATION DA'I-~J N/A o4/o7/os Rev. 1/81 C~RTIFICATE OF OCCUPANCY Not Z-26297 02/23/99 THXH CERTIFIES that the building . ACCESSORY Lo¢&t£on of Propertyl 1700 PARK AV~ MATTITUCK (HOUSE NO.) (STREET} {HAMLET} County Tax Hap No. 473889 Section 123 Block 8 Lot 5 Subdivision FiLed M&p NO. -- Lot NO. -- APPLIRD FOR. The certificate is issued to EMILIA & ILYA KABAKOV of the aforeea£d building, PLUMBERS CERTIFICATION DATED Rely. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Suilding Inspector Town Hall Southold, N,Y. CERTIFICATE OF OCCUPANCY No: Z-25619 Date: 04/01/98 THIS CERTIFIES that the building ADDITION Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 8 .... Lot 5 Subdivision Filed Map No. -- Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 3, I996 pursuant to which Building Permit No. 23382-Z dated APRIL 22r 1996 was issued, and conforms to all of the requirements of the applicable provisions of the law. The OCCupancy for which this certificate is issued is RESIDENTIAL STUDIO ADDITION TO AN EXISTING ONE FAMILY DWELLIN~ AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-396897 09/12/96 PLUMBERS CERTIFICATION DATED N/A · z'l~Inspector Rev. 1/81 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the ~ Land ~ Building(s) Use(s) located at 1700 Park Avenue Pre C.O. #-Z-12418 Date-April ]}, 1984 Mattituck, New York Street Hamlet shown on County tax map as District 1000, Section 123 , Block 8 , Lot 5 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: ACCESSORY GARAGE IN FRONT YARD, WITH ATTACHED ACCESSORY SHEDS. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~ Land ~ Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: 2 Story frame house; framed garage with attached sheds; wooden bulkhead. 'A' Residential-Agricultural zoned. The Certificate is issued to J.STANLEY PARKIN & L. VIRGINIA PARKIN (owner, FgIR]N~(~tXX~XXlmI~X~ of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regulations. Bui~'~'~ng Inspector AFFIDAV)T Premises: 1 ~ Park Avenue Mattituck. NY STATE OF NEW YORK COUNTY OF SUFFOLK J. STANLEY PARKIN, being duly sworn, deposes and states as follows: That I am the owner of the house described on Suffo!k County Tax Map as lO00 ~ 123- 8 ~ 5; That I believe that said house was constructed prior to the issuance of a Certificate of Occupancy and has been used for many years as a residence and is, in my opinion, suitable for single residential purposes, Sworn to b~?ore ~e this 6th day of ~, ~198N- pARK PECONIC BAY .YOUNG & yOUNG SURVEY FOR: J STANLEY pARKtN ~ L VtRGtN[A pARKtN LOT NO. 16~ ~RT ~ ~T NO. 17 "PL AN pF M~ATO~A ~RK ,BAY ~A~ BUN~W row, o~ S~T~LO FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall $outhold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY In.ructions A. This application must be fil~ed in typewriter OR ink, and submi~ed in duplicate to the Building inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, pro~erty lines, ~reete, and unusual natural or topographic features. 2.Final approval of Health Deqt of water supply and sewerage disposal--(s*g form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installs- lions, a certificate of Code compliance from ~he Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed sits plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings end "pr~exi;ing" land uses: 1. Accurate survey of peoper~' showing eli property lines, straete, buildings and unusea; natural or topographic features. 2.Sworn statement of owner or previous owner as to use, occupancy end condition of buildings. 3. Date of any housing code or safe~y inspection of buildings or premises, or other pertinent informs* lion required to prepare a certificate. C. Fees: 1. Certificate of occupancy S5,00 2. Certificateofoccupancyonpre-existingdwe[ling!landuse--?re~Exis%ing C.O. $15.00 3. Copy of certificate of occupancy $1,00 Vacant land C.O, $ 5.00 New Building ............. Old or Preexisting Building ....~. ....... Vacant Lend ............. Owner or Owners of Property V'..:>?-,e.~.~.~.T.' ,.~.? ...... : .................... County Tax Map NOl '~ 000 Sect Jo/'l Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Appr0val ........................ Planning Boe'd Approve' '/.j. '~ i ' ..... Request for Temporary Certificate.. . .Final Certificate . Fee Submitted $. I~ ~ Construction on above described building and?~it/mcets_all app~i~ble codes and ragu lations. AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~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 alarm operation located in an agricultural district. All applications requiring an agricultural data statement must be~Feferred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the~eneral Municipal Law. 2. Ad~essofApplicant: ~a ~ q ~ · ~~ 3, Name ofL~d O~er (ironer than Applicant):- -~/~ IC~ ~ ff~ 4. AddressofL~dOwner: 1700 ~ ~ 5. Description of Proposed Project: Location of Property: (road and Tax map number) {7(dO /~ ~1~1~ ~ ~- ,~i~ ,7'"~(.~[-~-~ Is the parcel within 500 feet of a farm operation? ( } Yes {~}'qqo/ Is this parcel actively farmed? { } Yes {,ff No 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 obtak~ 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) Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 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. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~3plicant or Project Sponsor) 1 APPLICANT/SPONSOR /2 PROJECT NAME Mark Schwartz, Architect /Kabak°v 3 PROJECT LOCATION: Municipality SouthoId County Suffolk 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 1700 Perk Avenue Mattituck, NY 5 PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Extend portion of west side of existing structure to align with the north section of building. Existing outside stair to be relocated, connecting to existing deck (to be re-built for connection) with a new landing. Re-construct roof and floor to match with existing building. 7 AMOUNT OF LANDAFFECTED: Initially · [ acres Ultimately ~ ,/ acres 8 WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~ Yes ~ No If No, describe briefly 9 WHAT IS PRESENT LAND USE IN VICiNiTY OF PROJECT? Describe:Residential [] Industhal r~commercial [] Agbcu~ure [] Park/ForesUOpenSpace [] Other 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMAZELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATE OR LOCAL)? Yes [] No If Yes, list agency(s) name and permidapplovals ~Sy:sNY ASPEC~NTE AC~;(~Nes~liAs~EagAenCc~(Rs;E~aNmT;YanvdA;;Drm~aRp~;TovOalRs:APPROVAL? 11¸ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? DYes ~-~No I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: ~,/~. ,~,~.~j/~"~ ~'~_ Date: ~// Signa[ure: If the action is in tho Coastal Area, and you are a state agency, complete the Coastal ~s~essm~nt Form before proco~d~n~ with this assossmont OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6174? ~f yes, coordinate the review process and use the FULL EAF E~Yes F'~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617 6? If NO, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten. ~f legible) C1 Existing air quality, surface or groundwater quaJity or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion drainage or flooding problems? Explain briefly: C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly C3 Vegetation or fauna, fish, shellfish or wildlife species, s~gnificant habitats, or threatened or endangered species? Explain 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, subsequen( development, or related activities likely to be induced by the proposed action? Explain bdefly: C6, Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly: C7, Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? F1Yes [] No If Yes, explain briefly: E ISTHERE ORISTHERELIKELYTOBE, CONTROVERSYRELATEDTOPOTENTIALADVERSEENVIRONMENTAL!MPACTS? [] Yes [] No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial large important ~r Othe,~,viSr~ S~gnific:¥~t effect should be assessed in connection with its (a) setting (i e urban or rural); (b) probability of occurring; (c) duration; (d) irreversJbiliry; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppoding 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 ] Check this box if have identified one or more adverse which MAY occur Then proceed to the EUL! you potentially large or significant impacts directly EAF and/or prepare a positive declaration ] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior~ WILl NOT resufl in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatior Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) ReSet 1700 Park Avenue Mattimck, NY 11932 August 27, 2012 To XVhmn It May Concern: I, Emilia Kabakov, authorize Mark Schwanz, AIA - Architect, to act as agenl tbr penni( applications to the Sou(hold Zoning Board of Al)l)eals and thc Southold Building Depamnent. I als() consent Io inspcctiol~ of this I)rOl)etly by the aforementioned mnhorities. The l)roposed residential construction project is located at 1700 Park Avenue Mattimck (SCTM#1000-123-08-03) Sincerely, Emilia Kabakox (late: The Tox~n of Southold's Code of Ethics prohibits conflicts of interest on tile part of Town officers and emploxees. The purpose of this fonr~ is to provide infonnation, xxbicb cml alert tile Toxxa of possible conflicts ofiuterest and alloxx it to take whatever acnon is necessar',' to axoid stone. YOUR NAME: /(~/~/fit~f,(,){/ / ~/'t/l l g... ,/ 4 , . (Last mine first lmlne, middl~ initiah unless xou are apptx lng m tl~e came of someone else or other emit>, such as a compan5 If so. indicate the other person or company name.) NATURE OF APPLICATION: Tax Gnevm~ce Variance Special Exception If "Other". name the activity: (Check all that appb ) Change of Zone Approval of Plat / Exemption from Plat or Official Map Other Do you personally. (or through your compan>, spouse, sibling, parent, or child) have a relatiooship xxith any officer or employee of tile Toxxn of Southold? "Relationship" includes b}' blood. marriage, or business interest "Business intercst" means a business, including a partnership, m which the Toxxn officer or cmplo_~ee has e~cn a partial oxxnership of (or employment b3) a corporation in which the Town officer or employcc oxxns more than 5% of the shares Not 1'/ l Complete the balance el'this form and dale and sign bclm~ ~x hcrc mdicalcd Namc of person cmplo.~ed bx thc To\\n of' Southold: Title or position of that person Describe that relationship bemecn >ourself (thc applicant) and thc Toxxn officcr or cnrp[o}cc Either check thc approptiate linc A throngh D (bclox\) and/or dcscribc thc rctanonshtp nl thc spucc provided The Towu officer or employee or bis or bet spouse, sibling, parent, or cbild is (check all that apply): [ I [ [ IA) the owner ofgreatcr than 5% of the shares of the corporate stock of the applicant (\vhen the applicm~t is a corporation): I B) the legal or beneficial owner ofan.x interest in a nco-corporate entitx (x~ hen the applicant is not a corporation): ] C) ail officer, director, partner, or employ ec of thc applicant: or ] D) the actual applicant. DESCRiPTION OF RELATIONSHIP Submitted this - day Q.f ' Signature: " ........... --- PrintNanle: 1,~,; ~' '~ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The puroose of thi~ form is to orovide information which can alert the town of nosslble confliCtS of interest and allow it to take whatever action is necessary to avoid same. company. If so, red,cate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance / Variance 1~/ 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 applicanl/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. lh¢ town officer or employee or his or her spouse, sibling, parent, or child is (check all that appb): -- A) the owner of greater that 5% of thc shares of the corporate stock of the applicant (when the applicant is a corporation) -- B) the legal or beneficial owIler of any interest in a non-corporate entit3' (when the applicant is not a corporation) -- C) an officer, director, partner, or employee of the applicantl or __ D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~ day of~, 20~ Signature ~[~ % Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northlbrk.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 126 .04 .17.2 The Application has been submitted to (check appropriate response): 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: Proposed additions and alterations to existing one story cottage to expand living area. New drywells to collect roof runoff and new septic system is proposed. Location of action: 1700 Park Avenue, Mattituck Site acreage: 102,812 sq. ft. Present land use: Present zoning classification: R40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Emilia and Ilya Kabakov (b) Mailing address: 1700 Park Avenue (c) Telephone number: Area Code ( ).631-298-6530 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section 111 - Policies; Page 2 for evaluation criteria. []Yes ~--~ No [] Not Applicable The project entails additions and alterations to the existing residential structure in a heavily developed neighborhood. Policy 1 is not applicable to the project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ~ Yes ~ No [] Not Applicable The subiect property does not contain nor does the project affect historic or archeological resources; nor is the proiect located in a historic maritime area. Policy 2 is not applicable to the project. Attach additional sheets if necessary 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 [] No [] Not Appli~abie~- - ~ ~ . To the extent that this policy is apl~l/c~ble to the proposed project, visual quality and scen/i~ resources will be protectect at the site through the protectij:m/and maintenance of the well vegetated area bufferin~:he developed portion of the site from the tidal wetlands ofx,C~at Peconic Bay. ~ ./-/ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No ~ Not Applicable l~ne 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 II! - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No []Not Applicable The propgsed proiectisfgnsistent w!th policv 5 via il?sta!lation of a dra!na~:e svstem (?f drvweI!s to controLmana~e and recharge storm water runoff Attach additional sheets if necessar3 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. 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. [] Yes ~ No[] Not Applicable The proiect will neither affect nor have an impact on air quality in the Town of $outhold. Policy 7 is not applicable to the project. 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 The proiect 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~'~ No [] Not Applicable The project is limited to the upland portion of the property, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. Yes [] No ~ Not Applicable The project neither proposes nor affects water dependent uses. Policy 10 is not applicable to the project. 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 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 O No [] Not Applicable The project site is neither situated on nor adiacent to agricultural lands. Policy 12 is not applicable to the proiect. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [] Yes ~ No ~ Not Applicable The proiect affects neither the use nor development of ener:~w and mineral resources. Policy 13 is not applicable to the project. Created on 5/25/05 11:20 AM /~3 - P-~' TOWN OWNER FORMER ~NER OF SOUTHOLD PROPERTY RECORD LAND IMP. STREET / /: S CARD -- ..,, TOTAL FARM VILLAGE E W COMM. I N D. DIS:RICT SUB. ACREAGE ~ TYPE OF BUILDING CB. LOT /97 DATE REMARKS C¢2~rm Tillob, l~¢~,~,l OC) 22, ~ ~4~00 2i_'17~ Woodland ~72 O0 Swampland House Plot Total HaN~O 123.-8-5 10/10 :ounda~,on '/L , Bath Basement ~zt ~/ . Floors Z~ ,~ Interior Finish Porch Attic Porck ~ooms Ist Floor Potio 2 ~. F~ME BUILDING ~ 2 ~ORY FRAME BUILDING j~}(~ SCALE: 1" = 30'-0' MARRATOOKA ROAD '~ ~' SEQUENCE OF PROJECT: ~'~ ' SITE DATA: 1 ~ITE CL[ARING: CL~ CE OF MINIMUM $]T[ ~RK AS N~DED. IN'ALL B E~g, HAYBA[~S, ~lkT FENCING ~ REQU[REDpRoTE~[ON TO BE MAINTAINED DURING LENGTH OF CON'RUCTION, EXCAVATION MU~ NOT BEGIN UNTIL T~E LOCAT[oNsRUNOFF "~ DE$CRI~ION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: or UNDERGROUND WIRES, CA~L~ AND PIPE~ HAV~ B[[N MARKED OR UNTILVER[FICAT[ON FROM UTILI~ COMPANIE$ THAT THE 6ROUNDDI:TURSANC[: 3 ~C~NT[~L~[~[AvAT~]~T~[[g~A~N[D~N}~T~A~N~c~T~D~N~T[~LAN~A~Ng~UCHT~P~MP~L~T~ NATHAN TAFT CORWIN II ' , ,' ' 0CT 0 1 2012 DESCRIPTION: SQ. ET. AREA: .OT COVERAGE: EXCAVATE: FILL: PROPERTY' 102,812 ~Q, ET, 2,36 ACRES