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HomeMy WebLinkAbout6637 BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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.nort hfork .net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 18, 2013 ZBA FILE: 6637 NAME OF APPLICANT: Steven and Yvette Einczig PR"2 3 2013 wn ~lerk PROPERTY LOCATION: 3055 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-11 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 March 19, 2013 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 March 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R-40 zone and is non-conforming. It is improved with a one story framed house. It has 72.63 feet of frontage on Wells Avenue, 217.64 feet along the northern property line, 136.63 feet on Jockey Creek and 248.32 feet on the southern property line as shown on the survey prepared by John T. Metzger, LS, Peconic Surveyors, dated May 20, 1994 last revised January 30, 2013. BASIS OF APPLICATION: Request for Variance Article XXII Section 280-116 (B) and the Building Inspector's January 9, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to demolish and reconstruct a single family dwelling in the same location as the existing foundation and add a raised attached deck to the seaward side with a bulkhead setback of 39.1 feet where the code requires a setback of 75 feet from a bulkhead. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code by increasing the bulkhead setback for the proposed attached deck from 39.1 fl. to 43.1 ft through a reduction in width to 4 feet for the portion of the deck .proposed at 8 feet in width, as shown on the revised survey prepared by John T. Metzger, LLS, dated May 20, 1994, last revised April 5, 2013. Page 2 of 3 -April 18, 2013 ZBA File#6637 - Einczig SCTM: 1000-70-4-11 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 4, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law ~267-b{3)(b)(1). Grant alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The majority of the neighborhood consists of year round homes that were built more than 50 years ago. The exceptions to this neighborhood are the newly renovated home, several of which required variances from this Board. The applicant's dwelling is currently located at 47 feet from the bulkhead and includes an at grade patio on the seaward side. In order to make the newly constructed first floor level with an outdoor area, an attached deck is proposed to be added which will decrease the existing non- conforming bulkhead setback to 39.1 feet. Alternative relief will increase the proposed bulkhead setback from the deck to 43.1 feet. 2. Town Law $267-b(3)¢b)(2L The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the applicant can achieve greater code compliance by reducing the depth of the rear deck, the existing foundation is currently located at 47 feet from the bulkhead, while the code requires a 75 foot bulkhead setback. Any proposed construction that utilizes the existing foundation or additions seaward thereto would require a bulkhead setback variance. 3. Town Law. 267-b(3}(b)(3) The original variance requested is mathematically substantial representing 48% relief from the code requirement. With the deck reduction the percentage will be reduced to approximately 44% which is also substantial. However, non-conforming bulkhead setbacks are characteristic of this older neighborhood 4. Town Law §267-b(3)(b}{4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and shall provide a 15 foot wide landscaped buffer, including existing large trees, landward of the bulkhead as recommended in the LWRP report. 5. Town Law l~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 lilnitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of more code compliant dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY, the variance as applied for, and to GRANT ALTERNATIVE RELIEF as follows: No portion of the attached seaward/rear deck shall be closer than 42 feet to the bulkhead. Subject to the following conditions: CONDITION: 1. The seaward rear deck shall remain open to the sky. Page 3 of 3- April 18, 2013 ZBA File#6637 - Einczig SCTM: 1000-70-4-11 2. The applicant shall establish and continuously maintain a 15 foot wide non-turf landscaped buffer, including existing large trees, landward of the bulkhead for the entire width of the subject property, as recommended in the LWRP report. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before am~lvint~ for a buildin~ ~ermit, the applicant or agenl must submit to the Board of Appeals for approval and filing, two sets of the final survey and architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any devialion 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(sd granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: .,lyes: Members: IFeisman (Chairperson), Goehringer, Homing, Schneider. This Resolution was duly adopted (4-0)~ Leslie Kanes Weisman, Chairperson Approved for filing//q~ ~I,.~.._/2013 I '?_JO" 4' 6 IINAL MAP [ LOT COVERAGE EXISTING - HOUSE, GARAGE, PORCH & STOOPS 2044 sq. fl. 2044/22722 = 9% PROPOSED HOUSE. GARAGE, PORCH & D~CK 2760 sq. fl. 2760/227°c2 = 12.1% SURVEY OF LOT 11 PLAN OF LOTS O WNED B Y % GEOR(~ H. FI~ I~. ~WELLS AT SOUTHOLD ~ ~'o% ~~''' TO WN OF $OI~I'HOLD SUFFOLK COUNTY, N.Y. '~' 1000- 70- 04 - 11 Scale: 1" = 30' May 20,1994 20~$ (prop house addi#onsl don. 30, ~013 (addtion~) AA~ 5; 2013 ~'evisi~e~J I:', ~013 I10' ~OURI APRIL ,~3~ ~01~ (additions) dECONId -S~URVEYORS, P.C. ' ~1) 765 ' 5020 ~x (651) 765-1797 P.O. BOX 909 .t230 TRAVELER STREET SOUTHOLD, N. Y. 119~1 Prepared in accordance w/lh lhe minimum sfandf~rds, for t/tie surve.v$ as established by ~hb L.I.A.L.S. and approved and adopted for ~such use by The New York Slate Land Title Association. RAIN RUNOFF CONTAINMENT DWELLING AFTER CONSTRUCTION - ~0~4 sq. ff. ~0~ ~ I ~ 0.17 = 3~ cu. fh 344/42.2 = &l VF PROVIDE ~ DWs. 8'f~ ~ 4' deep OR EQUAL aOAeo OF. AppEALS IFINAL MAP 'tREVIEWED BY ZBA CERTIFIED T~:~EE DECISION # b~'~-I ELLE~ V. LI,~.TED ~/ I -I~. I~' ~, ~o° AREA = 22,722 sq. ft to tie lines o o . Ia' CONTOUR 1S REFERENCED TO NGVD. FLO00 ZONEs FROM FIRM 36103C0166H 9zi-196 FINAL MAP REVIEWED BY ZBiI~ SEE DECISION,# ~'/ RECEIVED BOARD O~ APPEALS FINAL MAP REVIEWED BY ZBA SEE DECI~IOI~ # ~ DATED._.~_/_L~ / ~/_/~ RECEIVED MAR 1 2013 BOARD OF APPEALS :INAL MAP ~.EVIEWED BY ZBA ~EE DECISION # ~ DATED L{,. / ~__/~ ~,ECE!VE[: MAR 1 2013 BOARI') OF APPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION BOARD OF APPEALS ~t~T'H ~OARD OF APPEALS RECEIVED MAR I JREVIEWEDIBY ZBA[ ?ATE D.__~_/~_~~ BOARD OF APPEALS RECEIVED I~AR 1 2013 BOARD OF APPEALb FINAL MAI~ RF. VrFWED BY ZB, ~INAL MAP ~,EVIEWED BY 2 SE= ~c~S~ON #_~ DATED_~._ I! ~ !o,°~ RECEIVEE: MAR 1 2013 8OARD OF APPEAL5 .r FINAL M, ~ EVIEWED BY ZBA s~ o~c~s~o. # ~ I RECEIVED ffAR 1 BOARD OF APPEAl..& 6or-~ok < CMTy FINAL MAP REVIEWED BY ZBA SEE OEClSlON # DATED.,, ~ Ilc~ · /' 'x ¢'/ ~y RECEIVED MAR 1 2013 BOARD OF APPEALS OFFICE LOCATION: Town Hall Annex 54375 State Route 25 tot. Main Rd. & Youngs Ave.) S~l~hold, NY 11.971 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 RECE~/ED 2 6 ; 013 BOARD OF APPEALS Date: March 26, 2013 Re; Coastal Consistency Review for ZBA File Ref. 6637 Einczig SCTM#1000-70-4-11 The proposed action is located within FEMA Flood Zone X. 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 below listed LWRP polices and therefore CONSISTENT with the LWRP provided the Board requires the following best management practices to further the below listed policies. Poficy 6.3 Protect and restore tidal and freshwater wet/ands. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. The adequacy of the buffer depends on the fo/lowing factors: Direction and flow of surface water between a use and adjacent or nearby wetland. Buffer widths may be reduced in areas where drainage patterns normally do not lead directly to the wetland and where adverse affects on the wetland, other than those due to runoff, are not likely. The property is sloped towards the tidal water body. In the event that the action is approved, it is recommended that a 15' wide landscaped buffer (including existing large trees) be established landward of the bulkhead to further this policy. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall COnsider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney COUNTY OF SUFFOLK I S en Bellone 4/// ...oLK CO.NT EXECUT,VE ~ Department of Y Economic Development and Planning ~)L/~u~? C o u n J~;;cn;tiMv~i;~ Commissioner March 19, 20i3 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 RECEIVED BOARD OF APPEALS Division of Planning and Environment 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 Suflblk 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 Lavecchia, J & L Mattituck Plaza, LLC Einczig, Steven & Yvette Frizzi Residence Mantikas, Michael Finora, Robert 6634 6635 6637 6640 6641 6642 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H. LEE DENNISON BLDG · t00 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6100 · HAUPPAUGE, NY 1t788-0099 · (63t) 853-$191 To: Patricia Moore for S & Y Einczig 51020 Main Road Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL DA!E: Jan~a~y~9, 2~1~ Please take notice that your application dated January 8, 201~ For demolition & reconstruction of an existing single family dwelling at Location of property 3055 Wells Ave., Southold, NY County Tax Map No. 1000 - Section 70 Block 4 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates a setback from the bulkhead of 39.1 '. '~Authorized Signature fee: $ __ Filed By:. Assignment No. KI::LI::.[ D nnn n-- · P ALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 3055 Street_Wells Avenue Hamlet Southold SCTM 1000 Section 70 Block ~4 Lot(s) ! ! Lot Size 22,722 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 9, 2013_ BASED ON MAP dated May 20, 1994 and last dated January 3, 2013 Applicant(s)/Owner(s): Steven & Yvette Einczig Mailing Address: P.O.Box 2462, Malibu CA 90265 Telephone: c/o Pat Moore 765-4330 Fax #: 765-4663 Emaih pcmoore~mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoore(~mooreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 20, 1994 updated January 3, 2013_and DENIED AN APPLICATION DATED January 8, 2012 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Or~dinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (B) setback from bulkhead Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, X has NOT been made at any time with respect to this property, except UNDER_(Please be sure to research before completing this question or call our office for assistance) Name of Owner: Steven & Yvette Einczig ./~__~ ~ECEIVED ZBA File # ~/~R 1 2013 REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): BOA RD O F APPEALS 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: This is lot number 11 in the subdivision known as George H. Wells filed Nov. 28, 1927 as file number 859. This and surrounding homes pre-date zoning. Wells Avenue is a well established community of many year round homes which have been recently renovated. The property was previously owned by Yvette Lang Einczig's parents and then purchased from her three siblings. The house needs to be renovated and a plan prepared by Eileen Santora, Architect was prepared to renovate the first floor, add a second floor, all in keeping with the character of the neighborhood. (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 applicants wish to retain as much of the house as is possible. The improvements to the house will maintain the existing setbacks of the foundation from the bulkhead and the garage will be extended towards the road. A deck is proposed to the rear of the house rather than the existing slate patio. (3) The amount of relief requested is not substantial because: The property is sloped and overlooks Jockey Creek. Some homes on Wells Avenue have bulkheads and others do not, yet the homes are developed with similar setbacks to the Creek. The homes, to the extent possible, are set back off the road. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property was previously developed, public water is in the street. The property is protected from flooding or erosion by the bulkhead and the elevation. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No The existing home is pre-existing nonconforming as to set backs. The surrounding homes were developed with closer setbacks to the bulkhead. Are there Covenants and Restrictions concerning this land: X None applicable. Yes ~leasefurnish 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 community. Check this box ( ) IFA USE VARIANCE IS BEING REQUES?~F,D,-.4ND-PL-~.~eISE COMPLETE THE A TTACHED USE VARIANCE SHEET: (Please be sure to consult you/~t~~ Sig~rt~re~oT~Appellant or Authorized ~gent (Agent must submit written Authorization from Owner) Sworn to..cA'ore me this~ day of.~'~ , 20 L:3 ': B~PERKIN$ Notary Public, State of New York No. 01PE6130636 Qualified in Suffolk County Commission Expires July 18, ~'~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Steven & Yvette Einczig_ Date Prepared:Febrnary 8, 2013 I. For Demolition of Existing Building Areas RECEIVED 1 BOARD OF AF'pEALc-' Please describe areas being removed: roof- second floor added over existing footprint with small addition to front of existing garage (slab) in order to use some of existing, ~,araee space for Kitchen pantry. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension-new front porch (4' x 15) and new deck variable measurements see plans oa~e 11 of 11 Dimensions of new second floor- Dimensions of floor above second level: 27' x 45 plus 16'x 13' over oart of ~,arage. Height (from finished ground to top of ridge): 28' Is basement or lowest floor area being constructed-existing basement retained- slab added for gara~,e If yes, please provide height (above ground) ~ 3' measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) See Drawings by Eileen Santora, designer and Fischettl, P.E.: second floor addition and renovation of first floor. Bedrooms on first floor to be relocated to second floor (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: ver~ flat ranch Number of Floors and Changes WITH Alterations: two story dwelling IV. Calculations of building areas and lot coverage (from surveyor): Lot Coverage from survey Existing house, garage, porch & stoops 2044 sq.ft. (9%) Prooosed house, earaee, porch & deck 2866 sq.ft. Proposed increase of building coverage:_822 sq.ft. Square footage of your lot: 22,722 SF Percentage of coverage of your lot by building area: 12.6% V. Purpose of New Construction Requested: renovate and expand existing home VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): bulkhead along Jockey Creek with natural slopes to Creek Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER: Steven & Yvette Lang Einczig SCTM: 1000-70-04-11 A. ls the subject premises listed on the mai estate market for sale? [] Yes ~, No B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. RECEIVED MAR 1 2013 BOARD OF APPEALS I ) Are them areas that contain sand or wetland grasses?~ 2) Are these areas shown on the map submitted with this application? eves 3) Is the property bulkheaded between the wetlands area and the upland building area? _ yes. 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes _Please confirm status of your inquiry or application with the Trustees: once ZBA variance is issued and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel pre-existing nonconforming single family dwelling and proposed use renovated & 2'~ floor expanded single family dwelli(e~_~e~(' e~ng: single-family; proposed: same with garage or pool, or other description.) ~,hori~d Signature and Date 2/05; 1/07 PROJECT ID NUMBER PART 1- PROJECT INFORMATION I~PPLICANT / SPONSOR 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicsnl or Project Sponsor) 3.PROJECT LOCATION: 4. PRECISE LOCATION: Street Addess a~ld Ro~d Intersections. Prominent landmarks arc -or provide map 5, IS PROPOSED ACTION: [] New [] Expensio~ ..~ModlficaUo~ / altenation $. DESCRIBE PROJECT BRIEFLY: RECEIVED MAR l 2013 BOARD OF APPEALS 7. AMOU OF LAND AFF CT D: u,.mat 8WILL PROPOSEO~ACTION COMPLY ~TH EXI~ING ZONI~ OR O~ER RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~ResldenUal [] Industrial [] Commercial E~Ag,icuSure [] Park/Forest/Open Space [--10~her (desedpe) 10. DOES ACTION INVOLVE A PERMtT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal. Stateor LOCal) E~Yes [~No yes, agency name permit approval: list 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E--]Yes [~laNO If yes, list agency nan3a and permit / approval: i t . AS A T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CER IFY THAT TH pCo;¢N~ INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLE GE Applicant /S me <"~/~'~,~.CL~ (.~ ~~ Dale:~ If tho action Is a Costal Area, and you ars a stats agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il - IMPACT ASSESSMENT ~To be completed by Lead A~lency) A DOES ACTtON EXCEED ANY TYPE I THRESHOLD IN g NYCRR, PART 617,47 If yns, coordinate the review procnss and use the FULL EAF. [--]Yes E]No B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,'PART 617,67 If No, a nagaWe dechiration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be har~lwrlttan, if legible) C1. ExlsUng air quality, surface or groundwater quality or quantity, noise levels, eids~ng Ira ff~c pattern, solid waste producUon or disposal, potential/or erosion, drainage or I~xxIIng prol~lems? Explain ~etiy: C2 Aesthetic, agricultural, archaeoiog~al, hlst~ic, or o~her natural or cultural resources, or community or neighborhood character? Explain b~ C3 VegetaU~ or fauna, fish, shalltish or wtldllte species, ~gnlflcent habitats, or thrasthr~l or'~nda~gered species? Explain bhetiy; I C7. Other impacts linCludin~l chen~les in USe of either qU~nt~'~ ~ oi ena~ Explain bdefl),." E. IS THERE OR IS THERE LIKELY TO SEI CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? Ifyns explain: PART Ig. DETERMINATION OF SIGNIFICANCE (To be ~omp~eted by Agency) INSTRUCTIONS: For each adverse effec~ identified above, determine whether it is substantial, large, important or otherwide significant. Each effect should be assessed in co~lnection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duralion; (d) trreversibility: (e) geographic seape; and (q magnitude. If necessary, add attachments or reference suppo~ling materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have bean identified and edequately 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 eharactedsllcs o~the CEA. Check this box if you have Identified one or more potenUally large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EM; and/or pmpere a positive declaration. Check this box If you have determined, based on the information and analysis above and any supporting documentation, that the proposed acflor WILL NOT result In any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting thi.' determination. Name of Lead Agency Date TItie of Responsthle Ofl'~cer Print or Type Name of Responsible Officer In Lead Agency Signature of RespOnsible Officer in Lead Agency Signature of Preparer (if different Imm responsible oif~:er) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED I 2013 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit; site plan approvt[1, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must bg referred to the Suffolk Coun~ Department of Planning in accordance With Sections 239- m and 239-n of the General Municipal Law. l) Name of Applicant O-(~7~--.~LC 2) Address of Applicant: ~' ~. o.'o~ 3) Name of Land Owner (if other than applicant): ~ ~e~ V e r\ 4] Address of Land Owner:' ~ . 5)?escrip[ion of Proposed Project: dOr~qh 6) Izocation of P~roperty (road and tax map number): 7) Is t~a p~gel wRh~ an a~cultural d~thct?~No ~Yes If yes, A~culmr~ Dis~ct Number 8) Is ~is p~cel acti*ely f~ed? ~o ~Yes 9) N~e ~d address of ~y 6wrier(s) of land within the aghcultural dis~ct containing active f~ ope~tion(s) located 500 feet of the bounda~ of the p~posed project. (hfo~ation may be available t~ough the Town Assessors Office, Town Hall location (765-1937) or from ~y public computer m the Town Hall locations by wewing the parcel numbers on the Town of Southold Real Prope~y Tax System. Name and Address 1. (Please use back side of page if more than six property owners are identified.) The lot n~fi~ may be obtained, in advance, when requested from 765-1~8 or ~/~Zoning..Bo2~ of Appeals at 765-1809. either the Office of the Planning Board at / ' Signature of~pfi~ant Note: I. The local board will solicit commems from the owners of land. identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments.returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies 0fthe completed Agricultural Data Statement shall be sent by applicant and/or the clerk 0fthe board 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. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT T SACTIONAL OISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) . The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Steven & Yvette Lang Einczig and PatriciaC. Moore Esq._ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other', name the activity: RECEIVED MAR 1 2013 BOARD OF' APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 X Complete the balance of this form and date and sign below where indicated. Name of pemon 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 appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) thc 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 Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS MAR ! 2013 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 proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-70-04-11 OWNER: Steven & Yvette Einczig AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals~X 1. 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: X Variance Nature and extent of action: renovation and second floor expansion to single family dwelling Location of action: 3055 Wells Avenue, Southold Site acreage: 22,722 sq.ft. Present land use: single family dwelling Present zoning classification: r-40 2. 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: Steven & Yvette Einczig (b) Mailing Address: P.O.Box 2462 Malibu, CA 90265 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) P, ECEIVED gAR 1 2013 BOARD OF APPEALS (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY ' Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable the house and property is preexisting nonconforming. The setback from the bulkhead was established by the existing house. 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable The proposed house Will be in keeping with the surrounding homes. Drainage will be provided which prevents non-point source pollution, prevents flooding and erosion. ! NATURAL COAST POLICIES BOARD OF APPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. Bulkhead protects upland property from flooding and erosion Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regulatory standards, there is public water 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. X Yes No Not Applicable renovaed house will not adversely impact ecosystem. 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 X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance orohibit degradation of air quality or emissions. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site.. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property in establish property and neighborhood will not adversely impact coastline. 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 X__Not Applicable, property is protected from encroachment into wetlands by existing bulkhead Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 Steven Einezig Yvettc Lang~Einczig December 10,2012 C5j]5~7 RECEIVED Patricla C. Moare, [.gq. 51020 Main Road . outhold, NY 11971 1 BOARD OF APPEALS We, Steven Einezig m~d Yvet~ lamg Einczig, as owners of' properly known as 3055 Wells Road. Southold New York (~tm: I fl00-70-4-1 ! } here~., a.thoriz~ ym~ to act as our agent regaling any and all applications ~ilh the Town of Southold B,qlding Department. Zoning Board of Appeab. and an3' other agencies including but not limited to obtaining copies of plansi.~urveys in our files. Very Italy yours. FORM NO. 4 TOWN OF SOUTHOLO BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY ~ECEIVED MAR 1 2013 13OARD OF APPEALS THIS CERTIFIES that the building located at....~./.~....~.~.]-.~..~,..¥..® ....................................... Stree~t Map No~.,~,Y/.e..~.~ ....... Block No ........ ~ ........ Lot No..[~,, ........ ~JJ~;J~Q~,~.~....~.,.~.t ....................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ......................... ~;~.t~e~e~.....[9. ..... 19~...., pursuant to which Building Permit No...[..~.~. ................ dated .......................... .~¢.~.~][~.e.~,:..~.~l..., 19,~.8.,..., 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 .............. ............................... ~L~m.~e..one..£m0~r...¢~.~,'klJ. ng ........................................................................... This certificate is issued to .....~//,~.'J,~;J~...,~.~.].~.e)~, ...~ ..................................................................... (owner, lessee or tenant) of the aforesaid building. Building Inspector FOR, M NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT RECEIVED BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° tt53 z Date ........... ~pl;t~ll~ ....~9. ............... 19.~... Permission is hereby granted to; Wiltiele.it.~-..Lal~ ................................................... ......... .3~f..~..~Bt~...~.t ....................................... ................. .#ew.. ¥.o~.~,, r ..N, .~, .............................. to ........................ ]Pctit~t.. new..d~r~!.ti~ ........................................................................................ at premises located at ..~:~.,~...~......~.~.~ld~.~:].~..l~l~..~..~ ..................................................... .......................................... ~ell~..A~e., ........ 8outhol(~ ................................................................... pursuant to application dated ....................... ~])l~ll}~)~,l~....,tl~ ......... 19.~.., and approved by the Building Inspector Fee $ ,1,0~ aa ........... FOR~ NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Exam ned ........... ~ ................ 19 ........ Approved ........................................ 19 ........ Permit No. '~'~/~' ~ ............. .......... UAR ! Z013 BOARD OF APPEALS APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and sul)mitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this location. c. The work co~ered 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 permit shall be kept on the premises available for inspection throughout the progress of the work, e. No building shall be occupied or used in whole or in part for any purpose whatever until o Certificate of Occupancy shall have been granted by the Building Inspector, APPLICATION IS HEREBY MADE to the Building Deportment for the issuanoe of o Building Permit pursuant to the Building Zone Ordinance of the Town of Sou'thold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, os herein described, The applicant agrees to comply with all applicable laws, ordinances and regulations. ..... kt,...u.:......ZZ .......... ~...4...,:!~:...!~ .................................. (Signature of applicant, or name, if a corporation) ...~::~..,:.~ ........ ..u./. ........... :::.....x.f..: ............ ~...::'./..... .................. (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. **~ ~**..*,,..~ .'-v-._.-'------~. ............................................................... ~ ........................................................................ ............................................ ;'"'~,,~ q ~c,,~ ~_, , Name of owner of premises...?..'.~...'..'.-.~.....~,:(...,k,,.~..~.~.~...::::T;~.i'~.'~' " - ' ~ ' .............. ?..~...~....~....~:~ ........................................................... If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) ~. Local on of ~o,d o, ~h ~ proposea work w ~ be do,e Map No: b J~ .~.~.:~....~ ~./Lot ,o' .././... .c ": X .......... Street a,d ~umber . ~.~:.:.:':,,:::i?,.:'. ..... r:.:=;:..':: ..................... ='.~.,".~'. ,~.~'::r'.:.! ................ X~.: , ................. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................... ~.'~.....~."...~:.~.,..,~::~..'i ..................................................................................... b. Intended use and occupancy ............................. .¢J..',.~.,.~.~:.~..~...%'~Z..../ ..................................................................... 3. Hature of work (check which app e): New Building ....... ./:.'~....,...Addition ......... .~l~....AIteration Repair .................... Removal .................... Demolition .................... Other Work (Descrmmr .................... 4. Est mated Cost..~ .................... ~: ................................. Fee .......................................................................................... (to be paid on filing this application) f dwelling, number of dwelling umts ......... : ....... Number of dwelling units on each floor ............................ If garage, number of cars ................... ~ ................................................................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use .............................. 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ Depth ............................ Height ............................ Number of Stories ............................................................................................................. Dimensions of same structure with alte~tions or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ................................ 8. Dimensions of entire new construction: Front.....~..~ ............... Rear ............................ Depth ...~..~...~..". ...... Height' / 7 ' ~ Number of Stories .....~ ................... 9. Size of lot. Front .....Z~ ................. Rear ...... L.~..4 ............Depth ....~...,.~.~.~... Date of Purchase .............. ............. ............................. No~ of ~o~., o.~., ...~:.=.,=.~ ~...:==....,,. ....... I1. Zone or use district in which premises are s tuated .............. ~.~.....m'.~J~r;.:.,Z}~,~.q..~M....'~ ..................... ' ....... ............................................ ,o.e ..................... ...... ............................................................. ,o ..................... N~me of ConlraCtor ...................... ~'.~'~L.~ ................... Address ............................................ Phone NO PLOT DIAGRAM Locate clearly and distinctly ~11 buildings, whether existin] or proposed, and indicme ~11 set-back dimensions from property lines, ~ive street fl~d block numbers or description according to d~ed, and sho~ ~treet na~es o~d indicate whether intedor or corner lot. ~ECEiVED ~AR ! 2013 BOARD OF APPEALS STATE OF NEW cY~OR~/) n/~ S S ...... .V...~',,,~, ,"x,~ ¢:, ,,,. %., being duly sworn, deposes <]nd says that he is the applicant ............... i~;;;;~ · g:F'i;;~ividd;;/. [f~.;~.[;,'~.. gg~ii~¥[;;~i ............... above named. He is the ......................................~.~ ....................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in thi~app~.cation are true to the best of his knowledge and belief; and that the work will be performed in the n~nner s~fo~t~ the application filed therewith. Sworn to before me thls ~, .. ", .~'~;~ ~.~011,~,~ ,/, / z// · // '? ............ ~....1.....: d~g,.y ot ....... ~.,~.')~,~..'~.";.~.,.~,~. ,t19..~.~:~" ~:~;/~_c~/,~ (Signature of applicant) -/ Notar~ pub,~,~.~...¢-,.../.~~.. ~unty "-,..~. ,,' ,%.~, / TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined......~.~. ~: ........ ~' ............ 19..4~-.~. Approved ........................................ 19 ......Permit r~o ............................... Disapproved a/c ......~-..~ .............. :,~ .............. ~ ................ .~ ............................. ................................. (Building inspector) I Application No.....(?~.~.~?.. ............. RECEIVEE:'. MAR 1 2013 I~©ARD OF: APPEALS APPLICATION FOR BUILDING PERMIT INSTRUCTION5 a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is port of this location. 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the ~3uJJding Deportment for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Socrthold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances and regulations. ..... ~,~....../Z. .......... ~....4...~..~ .................................. (Signature of applicant, or name, if a corporation) z~..-..~....C!:.~..~¢-.: ......... ~.2'., ... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. U If applicant is a corporate, signature of duly authorized officer. (Name and title of corporate officer) L~o,io, of ,a,d on wh,c~ proposed wo,k w,I be done. Map ~o: ..----.,..,-...~....--~.....,.,..,....,'ot No: Street and Number ..~.,... ,~....~..~....,,,~/~ .................... ~.~....~. ~,>.~...~., ................. Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy .................... . ,~... ~ .~, ,.. ,'~....'~.. ,~'?~] ............................................................ b. Inte.ded u~e o.d occupo.oy ............................. ~.:....~.....~ ........................................................ ~) New Bud n /'/ Add t on A tar t 3. Nature of work (check which appl -: g ....................................~ a ion .................... Repair .................... Removal .... Demolition .................... Other Work (DescrW .................... /.~ o'~ '-t- ~ ............................................................................................ 4. Estimated Cost.....~. .................. ZZZ ..................................... (to be paid on f]Jing this application) 5. If dwelling, number of dwelling units .......... ~.....,Number of dwelling units on each floor ............................ If garage, number of cars ................... ~ ........... : ..................................................................................................... 6. If business, commerci~J or mixed occupancy, specify nature and extent of each type of u~ .............................. 7. Dimensions of existing structures, if any: Front ............................ Rear ............................ Depth ............................ Height ............................ Number of Stories ............................................................................................................. Dimensions of same structure with alte~tJons or additions: Front ................................ Rear ................................ Depth .............................. Height .............................. Number of Stories ................................ 8, Dimensions of entire new construction; Front..,.~.~ ............... Rear ............................ Depth ...~.....] .......... Height ...... ,~.?..~..~. ...... Number of Stories ....~ ........ 9. Size of lot: Front ....Z~.;..~ ........... Rear ..... Z.~..~.'...~..~.. Depth ....~.~.,~......~¥ L 10. Date of Purchase . Name of Former Owner ..~ 11. Zone or use district in which premises are si,aa,ed ............. L~....~..~::~:~ .................................... 12. Does propose~ construction violate any~ing law, ordinance or regulation? ........ ~. ....................................... ~3. Name of Owner of premises..~.~.....~.~.%_...Address ............................................ Phone NO ..................... Nam~ of Contractor .~~J....~' Address .. . Pho~ NO PLOT DIAGRAM Locate clearly and distinctly ~Jl buildings, whether existing or preposed, and indicate all set-back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner Jot. 1 2013 STATE OF NEVOYOR~ ~, ) $S couNT OF ........................... U....~Z~:.._; ............................ r~ ................ elng duJy sworn, deposes and says that he is the appJicant (Name of indwidual signing applJcati~) above named He s the ~.~ ........................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this a)pJicatJon; that all statements conta ned ~this~[~ cat on are true to the best of his knowledge and belief; and that the work will be performed in the ~nn'~j~ef~t~,ja the application filed ,herewi,h. Sworn to before me this ~ ~,~ ';~ ~te ?~ I ~ ,, ,~ , ,7 ~ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved .20 Disapproveda/c /t/q.~J :~-j Expiration ,20 PERMIT NO. RECEIVED BOARD OF APPEALS BUILDING PERMIT APPLICATION CHECKLI~ Do you have or need the following, before applyin Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form '~ ':~,' i~5 ~i;'~¥~-'1-r} -~-~}~-~! Building Inspector Hill APPLICATION FOR BUILDING PERMIT ~ DEH' ~ INSTRUCTIONS L~~l~ us I~completely filled in by typewriter or in ink and submiaed to the Building Inspector with4 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 applicafion may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Pe~it to the applicant. Such a pe~it shah be kept on the premises available for inspection throughout the work. e, ~o building shaU be occupied or used in whole or in pan for any pu~ose what so ever until the Building Inspector issues a Ceaificate of Occupancy. t Every building permit shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not bee~ completed within 18 months from such date. If no zoning amendments or other ~gulations affecting th prope~ ha;e been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Therea~er, a new pe~it shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Pe~it pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordin~ces or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as hemln descried. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, ~d regulations, and to admit authorized inspectors on premises and in building for necessa~ inspections. (Mailing address of applicanO State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~/(~'Td~7 I/':~SN ~'~' ~/e.'/7"~, ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which propose o'rk'" w, House Number Street County Tax Map No. 1000 Section 7~ Block Hamlet Lot Ii Subdivision Filed Map No.__ __ .Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~1~'~ol ID~M~:= b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~ ~/)~ /~O ! 5. If dwelling, number of dwelling units ] If garage, number of cars ~ Fee Addition Other Work Alteration (Description) (To be paid on filing this a~pplication) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: From~Rear 4~" .Depth Height [ ~ I Number of Stories Dimensions of same structure with alterations or additions: Front ~3~ ~ # Rear Depth ~,~,- ~'" Height 2 ~ ~ Number of Stories ~. 8. Dimensions of entire new construction: Front ~ .~t. LC" Rear ~ f") '- Lc o _D~gth~! Height "~..~ ' Number of Stories ~ I 9. S ze of lot:.Front q'~' L~*-~ j Rear /00, q'~ .Depth 10. Date of Purchase Name of Former Owner ~/.,/~ ;~,~ 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES __ NO v/"Will excess fill be removed from premises? YES NO ,v~ ~dress ~U~ ~ ~hone Nod 14. Nines of Owner of premzses Nme of Architect ' ~l ~M ~ Address/~ ~~hone No Name of Contractor Address G~[~ Phone 15 a. Is this prope~y ~thin 100 feet of a tidal wetl~d or a freshwater wetl~d? * YES NO · IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PERMITS MAY BE ~QUI~D. b. Is ~is prope~y wi~in 300 feet of a tidal wetland? * YES__ NO · IF YES, D.E.C. PE~ITS ~Y BE ~QUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF .) (S)He is the <22~ c.~-'v--c'_~- cz:, ~ ~-~<-~.x ~ ~ (Contractor, 'Agent;Corporate 'Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed thc~l~t~_ Sworn to before me this ~1o. ~l~al~l'8 -,,, . _ '~J dayof ,/~t/¢,%~ZZlz~,Z'20/'g-C°m~-I~l~01~///'/ ~ ( ~ Sig atu~of plican~ ; y Public ........ SURVEY OF LOT 11 O WI~ ~ Y A T SOUTHOLD TOWN OF SOLJTHOLD SUFFOLK COUNTY, N Y. 1000 - XO - 04 - 11 Scale.. I" = 30' I~. o. ~o; ~o~ such u~e I~y The N;~w York Sfefe Lo~d AREA = 2~.722 aq. ft te fie r;nes RUNOFF CONTAINMENT TOWN OWNER ¢~-~ ~j',~cz,~ . - FOI3~ER O~/N ER ~ OF SOUTHOLD' PROPERTY RECORD CARD S VI LLAGE W D~.~ SUBI LOT // ACR. .., I ~: TYPE OF BUILDING RES.~:~/~ ~A~ SEAS. Vl. FARM COMM. CB. MICS. Mkt. Value IMP. TOTAL DATE REMARKS qD AGE BUILDING CONDITION N EM/ NORMAL BELOW ABOVE FARM Acre Tillable FRONTAGE ON WATER /,~. 2.! Woodland FRONTAGE ON ROAD 72' ( MeadowlGnd DEPTH Hou{e P.~lot ,,~ Total Value Per Value Acre BULKHEAD DOCK M. Bldg. Exter~ion Extension Extension Porch Breezeway Garage Patio /%- X/Z ~ /~V O·B· COLOR ~ --t ?~ e~/; Total Foundation Basement Ext Walls · Fype Roof ~ecreation Room /U Dormer TRIM Bath Floors interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway inette DR. I BR. F!N. B ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS 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 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 7, 2013 Zoning Appeal No. 6637 Transmitted herewith is Zoning Appeals No. 6637 of Patricia C. Moore for Steven & Yvette Einczig- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Authorization Letter from Steven & Yvette Einczig to Patricia Moore to Represent Them in this Matter Dated December 10, 2012, Copy of Certificate of Occupancy No Z289 for Private One Family Dwelling Dated May 9, 1959, Copy of Building Permit No. 453 Z for Build New Dwelling Dated September 19, 1958, Copy of Application for Building Permit # 453 Dated September 19, 1958, Copy of Application for Building Permit g453 Dated September 19, 1958, Copy of Application for Building Permit Dated November 20, 2012, Copy of Survey Showing Proposed Construction Dated January 3, 2013 Prepared by John T. Metzger, Copy of Notice of Disapproval from Building Department Dated January 9, 2012, Seven Pages of Photos of Prope~y, Copy of Property Record Card (Both Sides), Copy of Survey Showing Proposed Construction Dated January 30, 2013, Eleven Pages of Plans Showing Floor, Elevations and Decks Dated August 11, 2008 Prepared by Joseph Fischetti, PE. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/07/13 * * * RECEIPT * * * Recelpt~: 147217 Transaction(s): 1 1 ZBA Application Fees Check#: 2319 Reference 6637 Total Paid: Subtotal $500.00 $500.00 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6637 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/5/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6637 Einczig, Steven & Yvette 2319 $500.00 MAR 7 2013 $outhold Town Clerk $5O0.00 By lc Thank 'ou. BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 $OUTHOLD Tel. (631) 76S-1509 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 4, 2013 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, APRIL 4~ 2013: 1:50 P.M. - STEVEN and YVETTE EINCZIG #6637 - Request for Variance Article XXll Section 280-116 (B) and the Building Inspector's January 9, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction of an existing single family dwelling at; 1) less than the code required bulkhead setback of 75 feet, located at: 3055 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM#t000-70- 4-11 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. Tothq~,Town. Southold. ny.us Dated: March 11, 2013 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME EINCZIG, S. & Y. #6637 MAP # 70.-4-11 VARIANCE BULKHEAD SETBACK REQUEST DEMO/RECONSTRUCTION EXISTING DWELLING DATE: THURS, APRIL 4, 2013 1:50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of S & Y EINCZIG #6637 (Name of Applicant) CTM Parcel # 1000-70-4-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the of March, 2013, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) 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, surrounding the applicant's property. Sworn to before me this day of March 2013 / (N~ary Public) MARGARET C. RUTKOWSKI Notary Puoiic, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~,O/~ EINCZIG NEIGHBOR LIST SCTM: 1000-70-4-11 Mary Marron 26 Randall Drive Short Hills NJ 07078 sctm: 1000-70-4-10 Town of Southold PO Box 1179 Southold NY 11971 sctm: 1000-70-3-22.15 Otto & Judith Schmid PO Box 961 Southold NY 11971 sctm: 1000-70-4-12 Rich Family Trust PO Box 208 Southold NY 11971 sctm: 1000-70-3-25.1 RECEIPT 7104 2438 8090 0000 0662 FROM: Moore Law Office RE: KimogenorPoint ZBA RECEIPT 7104 2438 8090 0000 0679 FROM: Moore Law Office RE EINCZIG ZBA RECEIPT 7104 2438 8090 0000 0686 FROM: Moore Law Office RE: EINCZIG ZBA RECEIPT 7104 2438 8090 0000 (;693 FROM: SEND TO: MARY MARRON 25 RANDALL DRIVE SHORT HILLS NJ 07078 FEES: Postage CednSed Fee SEND TO: JUDITH & O~rO SCHMID PO BOX 9~1 SOUTHOLD NY 11971 FEES: 0 46 Postage 046 235 Retu~r~cl~ip~ ~ '~ 2.35 E SEND TO: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 FEES: Postage 0 46 Certified Fee 295 Restr ' '~ ~'~ SEND TO: RICR FAMILY TRUST PO BOX 208 SOUTHOLD NY 11971 FEES: Postage Certified Fee Return R.s, 2, gNy; TOT, ~ '-'-""~ p( ~IARK MOORE LAW OFFZCE 51020 MAIN ROAD ~Qi~ SOUTHOLD NY 119~ file fllEIIImllllfllfllllll[illlE! 7104 2438 8090 0000 0686 t. Article Addressed To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 State ZIp + 4 Code MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 eived By: (Extra Fee) [] Yes CTRTIFIED · 4. Restricted Delivery? 3. Service Type 2. Article Number 7104 2438 8090 0000 0693 IIIEIIIfllIIIIIHIIIIglIIHITI 7104 2438 8090 0000 0693 ¢.Date of Delivery t. Article Addressed TO: D.Addressee's Address ,ySende~ RICH FAMILY TRUST PO BOX 208 SOUTHOLD NY 11971 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 lll lllllllmlllllllglllllllll lll 7104 2438 8090 0000 0679 Article Addressed To: Delivery Address JUDITH & OTTO SCHMID PO BO~ 961 SOUTHOLD NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of S & Y EINCZIG #6557 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-70-4-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the 27th day of March, 2013, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, APRIL 4, 2013 Patricia C. Moore Sworn to before me this ~:~ day of April, 2013 Public, State of New Yo~ No. 01PE6130636 ~ Not~r~._~lC Qualified In Suffolk Coun,~o,.~2 Commission Expires July 18, *near the entrance or driveway entrance of the property, as the area most visible to passersby. 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.northfork,net March 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, April 4, 2013 Hearing ' Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durin.q the hearina, orovidinq the returned letter to us as soon as possible; AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 27th: 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 April 2, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #11122 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 1 week(s), successfully commencing on the said Newspaper once each week for 28th day of March, 2013. /~rincipal Clerk ......... uA* .... ~ fhi~, RY day of 2013. LEGAL NOTICE 11:15 AAM, - NICHOLAS and MA -- SOUTHOLD TOWN ANTONUCCI g6638- Request for ZONING BOARD OF APPEALS THURSDAY APRIL 4, ~013 PUBIAC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoinng),Town of Southold, the Inllowihg public hear- ings will bc held by thc SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY APRIL 4. 2013.' 9'.30 A.M. - KIMOGENOR POINT. INC. fBINGHAM~ - g6550 - Re- Oper~ed per Board Resolution. Based on the Building Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision, 1) deemed a demoli- tion and construction of new single fam- ily dwelling, located at: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-116-6-24.1 ~15 A.M.. THOMAS SPURGE - g6615 - Re-Opened Per'Board Resolu- tion - Request for Variance fro~ Article XXIII Section 280-1~ and the Building Inspector's October 12, 2012, Updated March 5, 2013 Notice of Disaplxoval based on an apphcation for building per- mit to demolish and construct new single family dwelling: 1) less than the code re- quired minimum rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenpert, NY. SCTM#1000-43-1-7 10:.45 A.M. - DOUGLAS C. and KATHLEEN M. FOLTS g6536 - Re- Opened per Board Resolution - Re- quest for Variance from Article XXII, Code Section 280-116B and the Building Inspector's February 11, 2013. Notice of Disapproval based on a building permit application for demolition and construc- tion of a new single family dwelling, at: less than the code re~utied riprap set- back of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY. ance from Article XXIII Section 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum front back of 35 feet, lo~ated at: 770 Shipyard Lane (coruer Landon Road) Southold, NY. SCTMg1000-64-4-20 and the Building Inspector's January 23, 2013 Notice o~ Di~apl~oval based on an application fOr build~g'~el3n~t~' for an accessory in ground ~g l~:~oi, at: 1) accessory in ground swim~g poui is proposed in a !°cation other than the Private Road f2, (aka Birds ~e Road) Orient, NY. SCTM#1(100-1?;Zd.5 1'30 RM. - KATHERII~ ~ - Request ~or V~i- antes from Article XXIII Section 280- 2013 Notice of Disapproval based on al~ applk~ation lot building permit for con- 20%, 4) accessory in-ground swimming 300 Fiddler Lane (corner Meadow Lane) CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01VO6105050 Qualified In Suffolk County My Commission Expires February 28, 2016 quest fOr Vminnces from Article XXHI the-eode required bulkhead setback oI Section 280-124 and Article Iff Section 75 feet, located at: 3055 Wells Avenue 280-15andtheBuildinginspector'sFebru- (adj. to Jockey Creek) Southold, NY. ary 14, 2013 Notice of Disapproval based Eas1Marion, NY. SCTM#1000-31.18-15 office at, (63I) 765-1809, or by email: BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 5, 2013 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6637 (Einczig) Dear Mr. Terry: We have received an application for demolition and reconstruction of an existing single family dwelling in Southold. 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. Weisman Chairperson By: Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Locati91~: 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 March 5, 2013 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 #6637 Owner/Applicant: Einczigl Steven & Yvette Action Requested: Demo/reconstruction existing dwelling - bulkhead setback 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. Weisman ZBA Chairperson // LOT COVERAGE EXISTING - HOUSE~ GARAGE~ PORCH & STOOPS E044 sq. ft. 2044122722 = 9% PROPOSED HOUSE~ GARAGE~ PORCH & DECK 2866 sq. lt. 2866122722 = 12.6% RAIN RLINOFF CONTAINMENT DWELLING AFTER CONSTRUCTION - ;ZOP_4 sq. ffo ~ 20P_4 '~ I x O J7 = 344 cu. ff. 344142.2 = 8.1 VF t PROVIDE 2 DWs. B'~ ~ 4' deep · OR EQUAL SURVEY OF ~'. LOT 11 ~ ~ ~'~. ~ ~ LOTS ~ O~Y ~ ~ A T SOUT~LD *~%o. TOWN OF SO.HOLD ~ ~.._ ~' SUFFOtK COUNT~ N ~ ~~ ' ~ ~- ~o- ~ - n ~ Sc~e: I" = 30' May 20,1994 dan. 30, 2013 (adSt~) ~IAR 1 CERTIFIED TO~ ELLEN V. LAN6 BOA~') OF APPEALS ~9618 PreporeE in o?orS~ce ~it~ ston~ds Mr lille s~ve~s for s~h use bI The New York State Lend ~k~6 ~E~ STREET TItleA,,oa, tlo,. AREA= 2~.~2sq. ft FLO~ Z~S SOUTH~D~ N.Y. 11971 to tie lines 36103C0166H FROM 94- 196 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer 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 Yoangs Avenue) Southold, NY 11971 April 19, 2013 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6637 - Einczig Dear Ms. Moore: Transmitted for your records is a copy of the Board's April 18, 2013 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. Sincerelyr~ Encl. Cc: Building Dept. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765-4643 April 10, 2013 Zoning Board of Appeals 53095Main Road Southold, NY 11971 by hand RE: EINCZIG PROPERTY ADDRESS: 3055 WELLS AVE., SCTM: 1000-70-4-11 Dear Vicky: Pursuant to the Board's request at the hearing enclosed are the following items: 1. In discussing the notice of disapproval with Patricia Conklin, she will keep the notice of disapproval, as issued. We are retaining as much of the existing house as we can. However, if the construction is substantially reconstructed we do not want to have to return to the ZBA. 2. Revised side and rear deck plans. The east side of the proposed rear deck was reduced from 8 feet to 4 feet. We reduced the width of the deck, however, as we discussed we do need the deck to provide wheelchair access from the waterfront side of the house. 3. Revised survey, last dated April 5, 2013, with the setbacks to the bulkhead. ×..~.~ yours, ~C. Moore PCM/bp encls. C: Mr. & Mrs. Einczig Eileen Santora NOTICE COUNTY OF SUFFOLK (~) Real Property Tax Servic THO(.D