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6676
$revrn~", El le~vi Apo ~Trus~' 3~- 66~ ~Y? ~~,f s e~~ s-Iv Qa,dc! i fi ~ Gt~n-a~ Pafi o c~d~~ T Vpyl'~- c~e~ aE~ 3' side se~a~ r' fil- /t~f x ~i 1 J'ec . a ~d-ia~ BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ~a0f SO(/T~o 53095 Main Road • P.O. Box 1179 ~O Southold, NY 11971-0959 Eric Dantes # # Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider lyC~~~ Southold, NY 11971 http: //southoldtown.northfork.net R~ ~ ~BVE ZONING BOARD OF APPEALS Q, ~ n ~ 3 3 TOWN OF SOUTHOLD SEP 2 4 2013 Tel. (631) 765-1809 • Fax (631) 765-9064 Q 2~;//~~ So~awn ,fe,~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19, 2013 ZBA FILE: 6676 NAME OF APPLICANT: Ellen Brenner 2007 Trust SCTM# 1000-37-6-4 PROPERTY LOCATION: 40 South Lane (Oak Court) (corner Old Orchard Road) East Marion, NY SEORA 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 refereed 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 August 13, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject parcel is 10,535 square feet in an R-40 District. It is a corner lot subject to two front yards. It fronts South Lane (Oak Street) for 57.28 feet and Old Orchard Road for 133.93 feet. The eastern property line is 123.66 feet and the southern property line is 94.88 feet. The parcel is improved with a one story frame house, all as shown on the Survey of Property, prepared by John Metzger, L.S. dated May 2, 2012, last revised on Nov. 6, 2012. BASIS OF APPLICATION: Request for Variances from Article XX[II Section 280-124 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit to construct second story addition and patio addition to existing single family dwelling: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests variances for; 1) a rear yard setback of 28.5 feet where the code requires 35 feet, 2) a front yard setback of 20.3 feet where the code requires 35 feet and 3) a side yard setback of I+/- feet where the code requires 10 feet, all as shown on the Site Plan of Brenner House, Additions & Alterations, sheet S-l, prepared by Mark Schwartz, R.A, dated June 1 I, 2013. ADDITIONAL INFORMATION: Applicant's agent submitted several variances that were granted in the area with similar setbacks. Page 2 of 3 -September 19, 2013 ZBAp6676 -Brenner SCTMgl000-37-6-0 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly 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 will not produce an undesirable change in the chazacter of the neighborhood or a detriment to nearby properties. The proposed second story addition is consistent with the character of this neighborhood and the proposed expansion of the existing patio with its proposed retaining walls and steps will not be a detriment to nearby properties because the patio will not be enclosed. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant to construct a second story addition cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling exists with the nonconforming 28.5 foot rear yard setback and a second story addition at this location will also require a setback variance. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could construct the patio at a conforming front yazd and side yard setback location. However, this would greatly reduce the size of the proposed patio and limit its functionality. 3. Town Law &267-b(3)(b)(3). The variance granted herein fora 28.5 foot rear yard setback is mathematically substantial, representing 19% relief from the code. However, the dwelling exists at this 28.5 foot setback. The variances granted herein fora 20.3 foot front yard setback and a 1 foot side yard setback to the proposed patio retaining walls is mathematically substantial, representing 42% and 90% relief from the code. However, these setbacks are to a patio that will be open to the sky. 4. Town Law &267-b(31(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. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a of constructing the proposed second story addition and patio addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried, to GRANT of the variances as applied for, and shown on the architectural drawings prepared by Mark Schwartz, R.A., sheets S-l, S-la, S-2, A-1, A-2, A-3, A-4, A-5, all dated June 11, 2013 CONDITIONS: 1. The patio shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3 -September 19, 2013 ZBAH6676-Brenner SCTMp1000-37-6-4 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mtnimis in nature for an alteration that does not increase the degree of nonconformity. Vole of the Baard: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes. Absent was: Member Horning. This Resolution was duly adopted (4-0). t- Leslie Kanes Weisman, Chairperson Approved for filing 9 ~_1 /2013 SITE DATA: L REVISIONS: DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: IO.ASSQ.fT. ?4MRFf PROPOSED ADDITION ESTIMATED A0.FA OF ],PA^ fp. FT. LROUNp DISTURBANff: i f%ISTINL XWfE 1665950. R. I5.8% SOUTH LAN E f%IS11NL ENC. PORCH: lQ.I50. ET. L9% ~ - ~ . ~ _ FLOOD 20NE RFiAININL WALL TO REMOVE: ~ 3N.YD. BCLL YD. - - _ ~E.1 N 58°581 011 HAY I 57.LO ~ . - ~ - NflV REFAININL WALL i PATO POVR f0. FT.j 13 CU. YD. 130 CU. V0 \ I' W TOTAL: IEW.I s0. FF. v.]% v Cu. ro. Ile cu. v[I a \ eLl Ey1 I ~p~ 1 1/ .Uj m 3 ~ 0 / N R`~CEI`VYED 4 ~ Q ~ ~ ~ ~ / SEP 6 2013 ~ ~ !s~ ,a, 2 NE AE ~jE X / d ~ / / BOARD OF APPEALS ,j~ Rxwuv rp • b I of ~~S+R N EXISTING ONE STORY ~ F HAY BAY w/ SILT FENCING ,y~~ ~ qQ: a w x IIMITS OF CLEARING TO BE { yam) NO MORE THAN 2D FROM , _ _ ~ I L,/ ~u~..Nx N / O / F ,,Fj v~', PROPOSED WORK Af coNSmucnoN puMmER INDICATED ON SITE PLAN To REMAIN On Rre raR EXISTING ONE AORY ~ I THORP d ~ uunoN OP CaN3TR RESIDENCE _y O ~ "o F.F. 12.6' I p I NewuPHALT ~ Z ~ 0.r AD vR ? O .F'. Q FL 10' r ~ pF 1 I \ ~ N vA J \ ~ lo' Z 0 FINAL MAP o O ~ ~ \ ~ ~ O v. IRO SED ~ t 0 :REVIEWED BY~/~ZB~ ~ ecltr - \ ~ A O 8EE DECISION ~ m B4.]'TO BU KNEAD ~ p ~ r 1 ~~r 7E i ' 2 = PRO ~'x EXISTING \ w DATED ~ m ~y aflRt PATIO PATIO ~ D ~ I1` nla' eL 1R D RPM _ C EXISTING ~ eL _W O W 84'T BULKHEAD fL ' ~ O REMOV~ x3SSEN ID' ~ ~ N ~1 AWING WAlk:~~ w Z _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ O N is 'J.~ :.~i 'T: ~:=T--- EXISTING PATIO: 45450. FT. LaEI 1, B.L CURB, FLO D20NEJ LINE ADDITIONAL EXPANSION: IBS SQ. SITE PLAN MEE7S AND BOUNDS BY: PAVER DRIVES WAY PECONIC SURVEYORS 1 P/O LOT 6 B.B. CURB P/O LOT 5 i NYS LIC.: 49618 DRAWN: RUi/MS SCALE. 111 - 201'1]1 MAY 2.2012 _ _ _ - _ - _ - _ sc,uE lia^=Iw. i (DWELLING) (DWELLING) IOBa. PUBLIC WATER I PUBLIC WATER l"°"'~2013 SHEET NUMBER: S-1 . SITE DAT~ ~ REV1stoNS: DESCRIPTION: 50. FT. AREA: LOT COVERAGE: EXCAVATE; FILL: PROPERLY: 10,f35fQ.FT. 34ACRFf PROPOSED ADDITION F511MATF0 ARFA pi ],OW SCI, fT. G0.0VNp DISTURBANCE: , F%IAINC HODfE: I,~.95p.~. IS.e% SOUTH LANE E%IfTING FNC PORCH: N3.150. iT. lA% ~-.-FLOOD ZONE ii gkTAININ4 WALL TO 0.FMWE: ~ SCLL YD. BCV. YD. \ r1 ~ _ ~~F~I , N 58°SHF ON[ HAY A E PICA S7.L6 ~ - NFUV RFiAINING WALL 6 PATIO IIOW 50. FT.I 13 CU. YG. 130 CU. YO ~ ~ ~ \ y n I ~ W - qM ~ .I ® ~ `O M a rrnAL: 191M.1 so. Fr. I].]% I]cu. vD. ISe cu. vD. s~ECENED \ / / f ' Q U JUL. 26 ?013 ~ ~ ~ _ / ~ ~ ti 50ARD Of APPEALS QO ~ ` / i~, Z NE AEI iT ~ (EL. 7) ~E X f' / ~ I ` I ( O PO0.~LAV TO FFAUIN~/~`~. / F'f I ffffffTTTTTTTF FO0.0V TIGN A d,_"'~ / f-I ' I F[ONSiRV ON% O b~ EXISTING ONE STORY ~ I F, HAY BAY w/ SILT FENCING ry'~ry ~ ~ ~ AQ.I o LIMITS OFCLEARINGTO RE ~ ~ • ~ ~ ~ ~ ~ NO MORE THAN 1(Y F0.0M ~ ~ N / O / F PROPOSED WORK AS ~ coNSmurnDN DUMm¢a INDICATED ON SITE PUN To unwu ou slrt roR EXISTING ONE STORY ~ ~ THORF uunoN aFCwnn RESIDENCE ~ ~ _y ,'t" p F.F. 11.6' - "0 G o A, A~~ ~ wj~ a N~ AmuLr a. a' ~ ~ ~ ` ~ ~ p ~ e De wl a lo' / ~ ~ ~ ~ I--I PAVE~~ I ~ ~ (_y 1 \ \ ~ O O _ ~ ID ~ \ D ~Dy O C (1 CL r I ~ v~ Z ¦ INAL. MAC ° ~ ~ IPRO SED I ~ W FL ~O' \ 84. ]'TO BU KNEAD < ~l .\.l~ W ® I 1 y I \ REVIEWED BY ZB~ ~ Z A SEE DECISION # llh _ ~ ~ -PRO t~;, EXISTING W m RISalS PATIO PAT;O 1 y ~ - fL to n.a I RD EXISTING fL / ~ I.ly ~ z 84'T BULKHEAD ~ h~~/ ~ R REMOV~ RISTMi ID, ~ N I•c`I Q M ETAININO W~tL ON 0 1 e.e. cuRe FL D ZONE LINE SITE PLAN MEETS AND BOUNDS BY: PAVER DRIVE WAY ~ PECONIC SURVEYORS I P/O LOT 6 e.e. cuae P/O LOT 5 NYS LIC.: 49618 SCALE: 1" = 20'-0' MAY 2,2012 - - - - - - - - DRAWN: MxiMs SCALE: il4"=1'-0" (DWELLING) (DWELLING) ioe a: PUBLIC WATER I PUBLIC WATER nMC ll, x°I' SNEET NUMBER: i S-1 REVISIONS: sZECEj ~I~ JU!l 6 ?Q1J QpARD ppAppEAIS ii. :i ~ ;I - ~ 4 `~Y°~ _ 6 e` ~ ~ II a . , I, `1 - _ - ` r O H 4 1 ~ 0 III _q~~ r. H ~ I f>a m - ~ U i E ~ I II -i i I ~ - O F ' ~ I II II ~ ~ ^E-~ - i - ~ - I ~ ' I I _ - - I _ I I I -PROPOSED - EXISTING j i I! II I II I I i I - ~ RETAINING _RETAINING I-- _ _ I WALI WALL W CROSS SECTION W ~ x ~o SCALE: 1/8" = 1'-0" ~ w o ~ j FINAL ~P ~ ~ W REVIE1IME© BY ZBA ~ 'SEE DEC1310N ~ i DATED / ! ~ 3 ' DRAWN: MHIMS ioBx Jme 11, 3013 SHEET NUMBER: S-la ~ • • 'tom Y ~ tl~ ~ ~ - ~ ~ : ~ P ~ ~ j~Y~~-r~~ c;'y w "`~_s ti~.:,~~ + r~ . oaf ~ ' A Y.i: - • 1 E ~ • L Z 1 ~ ~ ~ ~ ~ ~ -h: l~ may(' FF , I I ~ I 1 { ,~j r A, * ' ~ ~ Sri ` : .r 7 '7 ~ 1 ~,I r i - " ry I ~ , i)1 ~ ik 3 1CS (r -y1 f~ ~ - Z 9 Yf~ f" ~ s ~ Z ~ ~a~ T 0 Tr 1 ~ M ~ Q , z ~ ?t , 1~~' 7 - , ~ ~yyt1 x _ Y ' ~ Y ~t ~ ~ ~ t . I ~ 4 1" ~ . . sir..;+r :,air , ~ - I ~rf ~Y' 1, "1~ tY.Y i 4k 3' "!ir r:i ~ s `b~ m ~ - ~ ~ ~ 3 0 Qom- ~ - ~ v ~ a O r. , i ~ } 3~. W D t~ R/ ~ ~ L f ~ h 1' ~ 1V ~ ~r~ ~ ~ i (fj = ~ p : = BRENNER HOUSE ADDITIONS & ALTERATIONS Mark K. Schwartz, AfA , yiy~ Architect, PLLC `.,~d~~ ~ ~ ~ ° ~ r.o- eut a.la l _ 40 SOUTH LANE l ulrfmgur,vv vy.; ~ I ~ m ~ y ~ EAST MARION, NY SITE PHOTOS z z = Plnnrr r5,911734-41d5 Fni f031i ,'3J-111U REVISIONS: rl.~C~~">l~ JUi G t. r:u1,i £30ARDOFAPPEALS iii '~i ' ma N ~ m ~ W ~ 8.6' AV RA E S BACK: u S m H N 4.2' HOUSE No. 2: ~ u 4 a0 9 ~ O 13.0' HOUSE NO. 1: .Yy` < ~ ~ ° z OLD ~ ~ { P i N 31°1'30" W 60.00' OjP i o No?h~ Cy m ~ m ~ z~ ~ SRO z P G. O W C ~ ~y N L o ~ C'^ ~ O Z ~ ~~se~'~ ~ v N~ LANE w m H F y E ~ ~ 93S' V 5 ~ a W ~ ° ~ z x m ~ ~ ~ ~o ~ O z m z AA ~ w A Z ~ a 0 m J m W ~ ~ N N y, N 123.66' S 31°1'30" E ~ ~ ~o ~ x O NEIGHBORING SETBACKS FINAL nnAP REVIEWS D BY ZBA DRAWN: MNIMS SEE DECiSiO # ~ B`"`~' IOB M: DATED R ! /(L ,'""~.'B~' BHF.ET NUMBER: S2 REVISIONS: RECEIVED X11 ~ r ''Jl) 30ARD Of APPEALS - ~ iy Qu w a a X ~ ~ ~ 3 ~ ~ { _ _ y _ O O { i s. ,ter i : y i .%~~.`i.~. i~.:i . ~ . i ~~11~~1 7. W i-.`._. ~ ~ . .ate . F PROPOSED WEST ELEVATION - - ~ SCALE: 1/6" = 1' Z a FINKL Pair\ia REVIEWED BY ZBA o x SEE DEtrISION # ¢ W _ ©ATED~ / 1 Q nweuw W uior vxwrw ~ } ~ W~2 ~ o~ m y °e ~Q ex~ x.uw ~rtx DRAWN' MHIMS SCALE: 64"~1'-0" 108X: luxe 11, x0U RHEF.T NUMRF.R'. EXISTING WEST ELEVATION (CURRENTLY IN CONSTRUCTION) SCALE: 1/8" = 1' A-1 REVISIONS: I i~. .`i i +:1 d 'a u a I a a~ 4 .o ~ ~ ~ ~ y rJl Y r y ` O ~ e ~ _ ~ a _ _ - y _ _ ~ ~ - PROPOSED SOUTH ELEVATION o scALE: 1/e^ = r Q o c~ c F W o>` ..I a w . - O a _ _ ~ w a. O O ~ z z - xm _ O w~ ,~MI~ F °z - A ~ A d PROPOSED NORTH ELEVATION ~ STALE: 1/8" = 1' rewrzrnw ~ w rr7rrLLO MnW tW M~Pp MIMfAf ~ rtµ ~y~ z ~ ~~~'uvn':w u~ooo~~'ow I~'~ j 0 _ GCCU p1~LL F%f pWRi _I EXISTING SOUTH ELEVATION N SCALE: 1/8" = 1' RECEIVED Aa fm;~r,M '-~~~~L. MAP JUL 26 fW ~,.LL MM~LL, 777 RRR 20 i 3 rtµi kEVIE1INED BY DRAWN'. MH/MS BOARD OfAPPfA1_S SCALE: rune i i, xau SEE DE~SION # '°Rp ' ~ SHEET NUMBER'. EXISTING NORTH ELEVATION DATED_ e SCALE: 1/8" = 1' L REVISIONS: I ~ • RECEIVED JU!. z t~ r~11,i ' BOARD OF APPEALS ' ii ~i ~ d V e~ma 6 C T ~ a y Q ~ ~ ~ a - - ~ ~ 1 4 z o O F - - ¢ ~ PROPOSED EAST ELEVATION C RR H W SCALE: 1/8" = 1' F'Nri L. t`r•'' a ; ~ ~ 0. REVIE~s~ ZBA CC ~f C~/1 z a SEE ~i 3:JN ~ MY ~r O ~ ©ATED~ x W _ w i _ iIMIFYIN pDOf WINL1E( L}~ O f ?~i .Qa Oa _ _ LYi H J ~ F vmum:*um - ~ ~ 4 lemuu _ _ ~ ev'unoNSeivc YN EXISTING EAST ELEVATION DRAWN' MHIMS SCALE: 1/8" = 1' SCALE: Ii0'S1'-0" lOB N: Jwell, 300 SHEET NIIMRF.R'. 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L w/AVTO nAp0.0.0>AN[LFRNEMTOR REVIEW CWNER iO F%IrtIN49ROPANf iANk m N-90.WI4F]~IX10 DI/J NFACf0.4 WER ALL OPFNINL1 UNtE51 _ OMERWIExOTFO.ALL Cf[NINLI OJFq)R. iO XAVff IACM1 S%05 SEE DECI l..~N # ON FMX Slp[ p piENING. i0.0ND[ 31AIX nVN ON [ACH Vpf iOR MICWIAN MGDE0.5. ' Y1. wINpgV1 ANO E%tERIpgEWg4Tp BE ANDERSEN W01Fg1F5. Lg1uE, DATED ~ II ~ I l~ ra ewe I.1n• woE soL./ mne[R B..as. lNawE RuwS.wo nANDNLD ' X A0.FFM WNC0Y5 ANO PPA35 XARpwAll FO0.pW9J, DIUWN'. MN/MS awLExraloR OPErvINm io 6wrt DeslcNaRnsDPE U9cRnpnwNfle SCALE' IN'vl'~0" n9wrxLE. BNNx Onu BWiER1orv E.wEUwFX unwmc HA0.pYAREU LESSOMNINLE RAVE IM9AR LUEINL. IOB M: ]I INIVUR µl F%R0.10R AND INR0.10P WALI3, }x6 WALLS Ai 0.19 IIIpF I I, ZBI] AND]H WAW AT 0.11. SHEET NUMBF.R~ n. wwuTE cpuucswrn a3p wnunorv. 9..xNN,wNI,.ND..IIINL.TMRFxq~1~OWNHI~,H.Ra.x A-4 /W_ REVISIONS: ~ECE VI EGA JU( 2 ~ 2U1~ 80ARD OF APPEALS ~ y e ~ ~Yma "a_ <MIMNtV u M Z s tE ~ A h ` 0 ~ se r ~ BATH Nn.3 a BEDROOM No.d ~ ~ ~I 11 V O I I yy 11 Ey 11 II '~9 BOROM CF I ~ll ~ I~ Q N {t1 z ° 0 o H a PROPOSED 2ND. FLOOR PLAN SCALE: 1/8" = 1' LZl Q w x ~o w a~ FINAL MAP ~ REVIEWED BY BA ~ W SEE DE SION # ~ ~ E?ATED~ DMWN: MHIMS SCALE: 1/4'~1'-0' JOB M: ]voe 11, 201J SHEET NUMBER: A-5 ~ • ~~n. `Y RECENE© COUNTY OF SUFFOLK M . ~ auv 1 s zo~3 .,a.~~~ ~ 4S ~ BOARDOFAPPEALS 1 ~m Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment August 13, 2013 Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Ms. Leslie K. Weisman, Chair Deaz Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appeazs to be no significant county-wide orinter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Aoolicant Municipal File Nlmrber Mazstho, Frank 6674 7850 Main Road LLC, d/b/a The Blue Inn at North Fork 6675 Brenner, Steven 6676 William C. Goggins of 13200 Main Road Corp. 6677 Blattner, William 6678 Very truly yours, Sazah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENN130N BLDG ~ 100 VETERANS MEMORIAL F11NY, 4th FI ~ P.O. BOX 6100 ~ HAUPPAUGE, NY 11733-0099 ~ (6J1) 853-5191 f FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 20, 2013 TO: Steven Brenner c/o Mark Schwartz / 2/„ P.O. Box 933 V IQ ~ `F' Cutchogue, NY 11935 RECEIVED JUL 2 6 2013 Please take notice that your application dated June 12, 2013: BOARD OF APPEALS For permit to construct second story addition and patio addition at: Location of property: 40 South Lane East Marion, NY County Tax Map No. 1000 -Section 37 Block 6 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed additions on this non-conforming 10 535 squaze foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non- confotmine lots measuring less than 20 000 squaze feet in total size require a front and reaz yard setback of 35 feet and a minimum side vard setback of 10 feet. The survey shows proposed front vard setback of 20 3' feet and a rear vard setback of 28 5 feet and a side yazd setback of 1 foot t~uthorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICATION ~HE SOUTHOLD TOWN BOARD O~PEALS I,~ 'I-I~ ~"ForOJjlceUseOnly ~-i4' ~CE~® Fee: $~6 Filed By: f°I' S'~'~'^'L~wf Date Assigned/Assignment No. ~ ~E7 J L 2 6 2013 O(fice Notes: D OF APPEALS House No. 40 Street South Lane Hamlet East Marion SCTM 1000 Section 37 Block 6 Lot(s) 4 Lot Size 10,535 sq. ft. Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Tune 20, 2013 BASED ON MAP DATED 06/11/13 Applicant(s)/Owner(s): Brenner Ellen 2007 Trust MailingAddress: 27 Clubhouse Court, iericho, NY Telephone: 631-766-0796 Fax Email: NOTE: In addidon to the above, please complete below if applicaNoo is signed by applicant's attorney, agent, architect, builder, contnct vendee, etc. aad acme of person who agent repreaen[s: Name of Representative: Mark Schwartz, Architect for ®Owneq or Q Other: Agent's Address: P.O. Box 933, Cutchogue, Ny 11935 Telephone (631) 734-4185 Fax (631) 734-2110 Email: mksazchitect~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [a4pplicant/Owner(s), orAuthorized Representative, or ~Jther Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 06/11/13 and DENIED AN APPLICATION DATED 06/11113 FOR: [wilding Permit Certificate of Occupancy ~'re-Certificate of Occupancy Change of Use ~'ermit for As-Built Construction tether: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 124 Subsection Type of Appeal. An Appeal is made tor: [~fA Variance to the Zoning Code or Zoning Map. ~1 Variance due to lack of access required by New York Town Law-Section 280-A. interpretation of the Town Code, Article Section ~teversal or Other A prior appea~as , mtas not been made at anv time with reenact to this nrocerty. UNDER Appeal No. _~Year (Please be sure to research before completing this question or cal! our office for assistance.) ~ ~ RECEIVED Name of Owner: • ZBA # JUL 2 6 2013 REASONS FOR APPEAL (additional sheers may be used with nrenarer's sirnature): BOARD OF APPEALS AREA VARIANCE REASONS: (I) 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 existing footprint is non-conforming and the applicant would like to add second floor that is setback from front porch. The existing patio is located adjacent to the kitchen & front entry areas. The existing location of the patio is also ideal because of the water view and sun path. No other area in the property would be used for a patio. p (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 and the expanded patio on grade with retaining walls is intended to level adequate ground area in front of house due to grade drop. The proposed patio is adjacent to a flag lot area with a driveway. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed addition has a cape style roof with dormers to create a nice scale. There are numerous neighboring houses that have non-conforming setbacks. The patio is adjacent to a flag lot with a 20' wide section that has a wide driveway and hedge landscaping. (5) Has the alleged difficulty been self-created? m1'es, or ~Io. Are there Covenants and Restrictions concerning this land: mNo. ~'es (n/ease furnish coavJ. 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 (Q) /F A USE VARIANCE IS BEING~STED, AND P EASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to your r Signature o[Appel ut or uthorized Agent (Agent moat submit w ea Aut rizatioa from Owoer) Sworn to before me thisc~~j day of ~T 20~. Cwt Notary Public Notary 0~ New 1brlc flSraM~6ed flit 51t fdk County / Commission Expires July 28, 2D • • RECEIVED APPLICANT'S PROJECT DESCRIPTION (ForZBAReference) JUL 2 S 2013 Applicant: Brenner Ellen 2007 Trust Date Prepazed:luly 18, 2013 130ARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: existing road side retaining walls, house main roof Il. New Construction Areas (New Dwelling or New Additions/Eatensioos): Dimensions of first floor extension: Dimensions of new second floor. lb'-0" x 40'-2" Dimensions of floor above second level: none Height (from finished ground to top of ridge): 23'-2" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnecessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 story, 3 bedroom, 2 bath, half bath, Living Room, Kitchen, Enclosed Porch, Patio on grade with retaining wall Number of Floors and Changes WITH Alterations: 2 story, 4 bedroom, 3 bath, half bath, Living Room, Kitchen, Enclosed Porch, Loft, Expanded patio on grade with new retaining wall IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: House and Porch:1904.1 sq. ft. Proposed increase of building coverage: no change Square footage of your lot: 10,535 sq. ft. Percentage of coverage of your lot by building area: 172% V. Purpose of New Construction: Add second floor over existing 1st. floor, replace existing retaining walls on road side, expand patio on grade & new retaining walls. VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Overall properly slopes at approximatiy 4% (highest at e1.12' to lowest at el. 4'). Property is grassey and not heavily wooded. No wetlands are on the property. 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 • C IVED JUL 2 6 2013 QUESTIONNAIRE BOARD OF APPEALS FOR FILING WITH YOUR ZBA APPLICATION A. subject preplis@s listed on the real estate market for sale? Yes No B. Are there any pro sals to change or alter land contours? ~No Yes please explain on attached sheet. Expand retaining wau, eu m. C. 1 J Are there areas that contain sand or wetland grasses? fJo 2.) Are those areas shown on the survey submitted with this application? rl/a 3.) Is the property bulk headed between the wetlands area and the upland building azea? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Na Please confittn status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation neaz the area of proposed construction at or below five feet above mean sea level? yes. (a' is lowest -street side) E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? («t site plan)please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: permit for addition and alterations to 1st. floor G. 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. H. Do you or any co-owner also own other land adjoining or close to this parcel? No tf yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel 1 story single family dwelling with retaining walls, path on grade and the pinpOSed use 2 story single family dwelling with retain. walls, expanded patio . (ex: existing single family, proposed: same with garage, pool or other) Authorized signature Date RECEIVED JUL 2 6 2013 AGRICULTURAL DATA STATEMENT 130ARDOFAPPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any specialuse permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR whhin 500 feet oja farm aperation located in an agricultural district All applications requiring an agricultural data statement must be referred to the Suffolk County Deparhnent ojPlanning in accordance with Section 239m and 239n of the Genera! Municipal Law. 1. Name of Applicant: SG Z 2. Address of Applicant O , f 3. Name of Land OwnerlifntherthanAnnlicantl: SQF~p! ~FN Z067 TMc~ST 4. Address of Land Owner: 2 7 C C U t3F~'o(! f~ CT .~1-41 C HI nl 5. Description of Proposed Project: J~El.tl Z+tJO FLVOa~ ~ EsLf?/FT~.S/Ok/ ~1'~ p~' d 6. Location of Proper~• (road and Tax map number) ((70~ - ~ 7 - D (g ~ 0 7. Is the parcel within 500 feet of a farm operation? { }Yes { o 8. Is this parcel actively farmed? { }Yes {~.}~No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Boazd Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there aze additional property owners) ~ ~ Signature of Applican 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 pan as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the properly owners identified above. The cost for mailing shall be paid by the Applicant a[ the time the application is submitted for review. ~e~~ an.m • RECEIVED Appendix C State Environmental Quality Review JUL 2 6 2013 SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BOARD OF APPEALS PART I -PROJECT INFORMATION To be com leted b A licant or Pro ect S onsor 1. APPLICANT/SPONSOR 2. PROJECT NAME Mark Schwartz Brenner House 3. PROJECT LOCATION: Municipality SOUthold coumy Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 40 South Lane, East Marion, NY (on corner of South Lane and Old Orchard Lane) 5. PROPOSED ACTION IS: New ®6rpansion Modificaflon/atteration 6. DESCRIBE PROJECT BRIEFLY: Construct a second story structure over 1st. floor for loft and bedroom. Replace existing roadside retaining walls, expanding patio on grade. 7. AMOUNT OF LAND AFFECTED: Initially awes Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH F>(ISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ~ No If No, tlescribe briefly setbacks for proposed work. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residentlal ~ Industrial ~ Commercial ~ Agdcutture ~ Park/FOresVOpen Space ~ Other Des 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? © Yes ~ No If Yes, list agency(s) name and pennit/approvals: Southold Trustees and Building Department 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes m No If Ves, list agenq(s) name and penniUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: w ~ ~ ~ Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceedin with this assessment OVER 1 Y~. PART II -IMPACT ASSESSMENT To be~m leted b Lead A enc • A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Ves ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative deGaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH 7HE FOLLOWING: (Answers may be handwritten, if legible) Ct. Existing air quality, surface or grountlwater qualriy or quantity, noise levels, existing traffic pattern, solid waste protluction or disposal, potential for erosion, drainage or flootling 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 spades, significant habitats, or threatened or endangered spades? 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 dher natural resources? Explain briefly: C6. Growth, subsequent development, or related activities likely to be Induced by the proposed action? Explain bdefly: 1~ W ~ ((f/ C6. Long term, short term, cumulative, or other effects not identified in Ct-C6? Explain briefly: RECENED JUf 2 ~ 'i,'? C7. Other impacts (inGuding changes in use of either quantity or type of energy)? Explain briefly: BOARD OF APPEALS D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)7 Yes ~ No If Ves, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreach adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurting; (c) duration; (d) irreversibility: (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have Veen identified antl 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 you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive deGaretion. Check this boxif you have tletermined, based on the information antl analysis aboveantl any supporting documentation, thatthe proposed action WlL NOT result in any significant adverse environmental impacts AND provitle, on attachments as necessary, the reasons supporting this determination Name o Lead Agency ate riot or ype ame o Respond a cer in ead Agency n e o esponsible O car ignature o esponsible cer m Lea gency ignature o reparer i erenl rom respond e o cer) a z.vy.ae.e~a,~.swm.lre.n. unv 17.2% APPLICANT JUL. 2 6 2013 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF pPtaFpLS The Town of Southold's Code of Ethics arohibits conflicts of interest on the part of Town officers and em~vees The aumose of this form is to arovide information which can alert the Town of uossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: S~(eJCa gRrrNaE(Z (Last name, first name, middle initial, unless you aze 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 Special Exception [f "Other", name the activity: Change of Zone 0 Approval of Plat Exemption from P at 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 elm/ploy-e7e owns more than 5% of the shares. YES ~ NO I~J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship bet een 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, pazent, or child is (check all that aPPIY)~ 0 A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Z`1 d yof --~Vne_ z-o~~ Signa[ure:~ Print Name: 5r~ Ea ORES- r~ ~ ~ ~ 1~6~ ~~cavEo ~u~ 2 s zo~3 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics urohibifs conflicts of interest on the Dart of town officers and emoloveea The ourooae of this form i to provide information which can alert the towu of oossible conflicts of interest and allow it to take whatever a 'o t ceasa~ to avoids YOURNAME:~W~~~'L, / ~/7/~~ (Lust uame, amt name, middle mina , uul you are apptyiug iu the uame of someone else or other euaty, such as a company. If so, indicate the other persuds •r company's ueme.) TYPE OF APPLICATION: (Check all that apply) Tax grievance y Building Permit Variance V Trustee Permit Change of Zoue Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any otFcer 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 is which the town officer or employee owns more than 5% of the shares. / YES NO V 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 applicantlagent/representative) and the town officer or employee. Either check the appropriate Tine A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) _ B) the legal or beneficial owner of any interest in anon-corporate entity (when the applicant is not a corporation) _ C) an officer, director, partner, or employee of the applicant; or _ D) the actual applicant DESCRII'TION OF RELATIONSHIP Submitted this Z d~a/y~of JuAI/E , 20 Signature t C~ Print Name [Cr l: C' N./fj!2 ~ 7i Town of Southold • • RECENED LWRP CONSISTENCY ASSESSMENT FORM 2 G 2013 A. INSTRUCTIONS SOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that aze 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 determinafion of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the prepazer 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standazds 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 detemunation 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 Boazd of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTMti 1000-37 _ 06 _4 The Application has been submitted to (check appropriate response): Town Board ® Planning Dept. ® Building Dept. Board of Trustees 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: Nature and extent of action: Proposed 2nd. Floor Addition (1 Bedroom, l Bath, Loft), replace roadside retaining walls, expand patio on grade. • • RECEIVED W / Location of action: 40 South Lane, East Marion, NY u 2 6 2013 w Site acreage: 0.24 acres BOARD OF APPEALS Present land use: 17.2% Present zoning classification: R40 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: Brenner Ellen Trust 2007 (b) Mailing address: 27 Clubhouse Court, Jericho, NY 11753 (c) Telephone number: Area Code ( ) 631-766-0796 (d) Application number, if any: Will the action be directly undertaken, require fending, or approval by a state or federal agency? Yes ® No ~ If yes, which state or federal agency? Trustees, Bldg. Dept. DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. Yes ®No ®Not Applicable The project entails additions and alterations to the existing residential structure in a heavily developed neighborhood. Policy 1 is not applicable to the project. Southold Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria ® Yes ®No ®Not Applicable The subject property does not contain nor does the project affect historic or archeological resources; nor is the project located in a historic mazitime area. Policy 2 is not applicable to the project. _ RECEIVED p JUL 26 2013 Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria Yes ? No ®Not Applicable To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenance of the well vegetated area buffering the developed portion of the site from the tidal wetlands of the canal. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of fife, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria ® Yes ®No ~ Not Applicable The project does not address nor affect erosion control structures or other erosion /flooding control initiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria Yes ®No ®Not Applicable The proposed project is consistent with Policy 5 via (3) major project components; l -upgrade and relocation of the existing septic system to ensure effective treatment of sanitary waste; 2 -installation of a drainage system of drywells to control, manage and rechazge storm water runoff; and 3 -retention of the existing vegetation. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Ftish 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 will be complied with. RECENEl1~p JUL 2 6 2013 ~ Rneon ne a~~.... 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 project will neither affect nor have an impact on air quality in the Town of Southold. Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of 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 project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. ® Yet 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. Polity 9 is not applicable to the project. Attach additional sheets if necessary WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. ® Yes ®No Not Applicable ~e~ ~ The project neither proposes nor affects water dependent uses. Policy 10 is not applicable to the project. RECI:I~ED oneun nc eoocn~ c 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 project neither proposes nor affects commercial or recreational fisheries or other uses associated with living marine resources of Long Island Sound. Policy it is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. ® Yes ®No ~ Not Applicable The project site is neither situated on nor adjacent to aRdcultural lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. ® Yes ®No Not Applicable The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. Created on 5/25/05 11:20 AM r TOWN OF SOUTHOLD • BUILDING PELT APPLICATION CHECKLIST BU1,.B1NG DEPARTMENT Do you have or need the following, before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Examined , 20 I, „I n Single & Separate YJ~' Storm-Water Assessment Form ~V~© Contact: Approved , 20 ~ 6'L~~~ ~ Mail to: Cl-/l.IA~Y> ~L ` J~ Disapproved a/c QQ~Q.S ®O~OOFP Phone: 7,3 ~ - D Building Inspector JUN l 2 2013 APPLICATION FOR BUILDING PERMIT 8100 DEPT. T~"'NN OE SOL'THOLD Date 1( , 20 INSTRUCTIONS ' a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f, Every building permit shall expire if the work authorized has not,commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent architect, e ineer, general contractor, electrician, plumber or builder Name of owner of premises !~T ICJ _ f~~ /G ~fP (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. Locatipn of land on which proposed work will be done: 4- D Sou TH /l~~v ~ EAJ"T N? A R / o icJ House Number Street 'f Ham et County Tax Map No. 1000 Section ? 1 Block ~ ~ Lot ~ 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 . S~itJ G FAi"I /~~,E b. Intended use and occupancy ~'~'``E- ~ 2Nd /°C o~K gpa~~O.y 3. Nature of work (check which applicable): New Building Addition_~Alteration Repair Removal Demolition_ Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, s ecify 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 alterations or additions: Front Rear Depth Height Number of Stories S 16:' . 8. Dimensions of entire new construction: Front Rear Depth Height Number~,opf Stories 9. Size of lot: Front f~ S ~ ~eaf 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 V NO_ 13. Will lot be re-graded? YES ~NO_Will excess fill be removed from premises? YES~~ NO 14. Names of Owner of premises Address Phone No. ~ 7 ~ ~ Name of Architect Address Phone No Z?¢ Q~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ? NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS Iv~AY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? *YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES NO * IF YES, PROVIDE A COPY. , STATE OF NEW YORK) SS: COUNTY OF SU~2C.IC. /~/t~ K. ~ G~~fW__ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH _ Notary Public, State of New York (S)He is the No. 01BU6185050 (Contractor A~ent, C~b orate fficer, etc. atmrrfied in 6affeIIE 6eun>:y-~- 8 rP ) Commission Expires April 14, 2S1L b 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 aze true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn t before me th's t a-~ day o 20~ " Notary Public Si at re 'Applicant i • FORM NO. 4 • ~(/W 1 ~ TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUL. 2 6 2013 Town Hall Southold, N.Y. 90ARD OFAPPEALS PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 29749 Date: 10 02 03 THIS CSRTIFIBS that the building DWELLING (aka 2415 Old Orchard Lane) Location of Property 40 SOUTH LA EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 037 Block 0006 Lot 004 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CBRTIFICATE OF OCCUPANCY NUFIDER Z- 29749 dated OCTOBER 2, 2003 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH SIDE PORCH AND UNHEATED GLASSED PORCH.* The certificate is issued to DONALD & ELIZABETH FRAZIER .TR (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OP HBALTH APPROVAL NIA ELECTRICAL CERTIFICATE NO. N/p PLUMBERS CERTIFICATION DATBD N/A •PLEASE SEE ATTACHED INSPECTION PORT. Authorized nature This Certificate of Occupan replaces CO//Z986 i Rev. 1/81 ~ i i FORM NO. 4 • RECEIVED TOWN OF SOUTHOLD 2 6 2013 BUILDING DEPARTMENT Office of the Building Inspector 30ARD OFAPPEALS Town xall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29748 Date: 10/02/03 THIS CERTIFIES that the building ALTERATION (aka 2415 Old Orchard Lane) Location of Property: 40 SOUTH LA EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 37 Block 6 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 30, 2003 pursuant to which Building Permit No. 29772-Z dated SEPTEMBER 30, 2003 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 INSTALLATION OF AIR CONDITIONING AND GLASS ENCLOSURE OF AN EXISTING FRONT UNHEATED SCREENED PORCH AS APPLIED FOR "AS BUILT." The certificate is issued to DONALD & ELIZABETH FRAZIER TRUSTEES (OWNER) of the aforesaid building. SUFFOLK COUNTY DBPARTMSNT OF HSAI.TH APPROVAL N/A ELECTRICAL CERTIFICATH NO. 1163610 09/08/03 PLUMBERS CERTIFICATION DATED N/A Authorized ignature Rev. 1/81 BL'I LOING DEPARTMENT ~ ~ w D~ TOWN OF SOUTHOLL ,~+•/GC HOUSING CODE INSPECTION REPORT JUL 2 6 2013 (aka 2415 Old Orchard Lane) gOp IACATION: 90 SOUTH LA EAST MARION ~ OFgppEAL$ sDRDIYISIDM: MAP Ho.: Tar (s) NJ1lQS OP OMN®t (S): DONALD & ELIZABETH FFAZIEA TR OCCUPARCY: SINGLE FAMILY DONALD 6 ELIZABETH FRAZIER TR ADMITTBO HY: ROBERT PRAZIEA ACCONPAMI® BY: SAME RHY AVAILABLE: SUPP. CO. TAZ MAP RO.: 37.-6-9 SOURCE OP RROVB,bT: JENNIPER GOULD, ATTY DATE: 10 02 03 pWELLING: TYPE OP COKSIRDCTIOR: WOOD FRAME ~ STORIBS: 1.0 ~ 6YIT6: 2 POUROATIOM: CONCRETE BLOCA CELLAR: PART CRAMI. SPACE: PAR7 TOTAL ROOMS: IST PLR.: 6 2MD PLR.: 0 3RD PLR.: 0 BAT®tOOM (S1: 2.0 TOILBT ROOK(S): 0.0 UTILITY ROOM(S): PORCH TYPH: SIDE PORCH 6 SEE OTHER• DSCA TYPE: PATIO TYPE: HRBRZEMAY: YIRHPLAC6: 1 GARAGE: UNDER m103STIC 80TMAT'®t: YES TYPE BRAYER: AIRCOlIDITIORIRG: YES TYPH HEAT: iU1RM AIR: X HOTMAT~: OTHRR: •FRONT GLASS ENCLOSED UNHEATED PORCH ACCESSORY STRUCTURES: GARAGB, TYPH OP CONST.: _ S'PDRAGB, TYPH COMET.: SNIIdING POOL: GUHST, TYPB CORST.: OTC: ~ VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION 4 BUILDING CODE _ LOCATION DESCRIPTION ~ ART. L SEC. I RIDIARICS: HPg29 A/C ALTER COZ-29748 IHSPRCT® BY: DATH ON IHSPBCTIOM: 09/05/03 JO Y BOUFIS TIMH START: 9:45AM BfID: 10:95AM JUL. 2 ~ 2013 AUTHORIZATION tiOQRD OF gppEp~g (Where the Applicant is not the Owner) I S7EJEo~ t7RE.~NC(~ residing at (print property Owners name) a7 C~-~ Q Novsr% CooRT J er-~ c,(tio N _y. ~ l Z.f3 (mailing address) do hereby authorize MRRV_ SC~~.~artZ (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. -2c~ (O er's Signat e) 5 ~ E~~ N g,eaN ~ ~ ~ (Print Owners Name) . rn - Lj v ~ _ ~ _ 6 _ y TOWN OF SOUTHOLD PROPERTY RECORD CARD - ~ i .OWNER STREET VILLAGE DIST. SUB. LOT'. - ORMER,OYVNERS ~Bn 11 PIPYI Q/1 E A~~ I Fr~• FVL(ZI~r I~OnQ l ~ ~'r'~l Z:~~??' S W TYPE OF BUILDING 'ol~La r~ yJ r~ cr bert ~E ;REC 2ES / o SEAS. VL. FARM COMM. CB. MISC. Mkt. Value ?r'1C LAND IMP. TOTAL DATE REMARKS pF BOG ~ a .5-~~ o f a d y ~~/=~/~~i ~ ~i e -1 coo i/~s~'~ 3/~ ~,,j ~~~30~~ 2,ur rr~~~,,, f,,i,. ~ 8o SOLD G5!~MtYE~ %a D, fR~2/ER Q s~~ ` s o o - L 12OwS - r ~ Foz,er.~yub~~ AGE BUILDING CONDITION p a~'-]'~Z j~ Condifi non ~ IaSSGr~G~os~ of CCh NEW NORMAL BELOW ABOVE 2-7 .L IZZpZ CJC'.t,j.1~Q71L°~ ~ g( ~ `c z FARM Acre VaAcre er Value Ib ? ~u 9 a -L z ai--Qre~rte~ ~ ~rerr~ I s Nj~ Tillable 1 (7 Q - Q .,5(p Tillable 2 i Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD `l7 `l -~73 ~ ~j.~X~,k.D~a.>~ House Plot DEPTH [t~- BULKHEAD Tota I DOCK ~c~o - It 2 6 2013 r-- - T M ~ I ' I' COLOR ~ i ~ Cti~+'.!, TRIM 0 y 4 0 ' o i i M. Bldg. I _ d ~ Foundation G Bath L Dinette Extension ~ 0 1 ~ ement ,c`-~ ~ Floors K. Extension Ext. Walls GtaoP SF, ,~L, Interior Finish 5,;:. LR. - Extension Fire Place ~ ~ Heat F f~, DR. Type Roof Rooms istFloor BR. Porch O L 2 Q 3 (o O ~reation Room Rooms 2nd Floor FIN. B. Porch d d o ~ O mer Breezeway Driveway Garage Patio O. B. Total o~osul:FOC,~~o ELIZABETH A. NEVILLE, MMC hQ. ~y Town Hall, 53095 Main Road TOWN CLERK o= ~ P.O. Box 1179 y Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • `1C Fax (631) 765-6145 MARRIAGE OFFICER y~ fit' Telephone (631) 766-1800 RECORDS MANAGEMENT OFFICER 0.(* `lj~ wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: July 29, 2013 RE: Zoning Appeal No. 6676 Transmitted herewith is Zoning Appeals No. 6676 of Mark Schwartz for Brenner Ellen 2007 Trust- the Application to the Southold Town Zoning Boazd of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated June 20, 2013, Application for Building Permit Dated June 1 1, 2013, Copy of Pre Existing Certificate of Occupancy No. Z-29749 for One Family Dwelling with Side Porch & Unheated Glassed Porch Dated October 2, 2003, Certificate of Occupancy No. Z-29748 for Installation of Air Conditioning & Glass Enclosure of an Existing Front Unheated Screened Porch Dated October 02, 2003, Housing code Inspection Report Dated September 5, 2003 Inspected by John M. Boufis, Authorization Letter from Steven Brenner to Mazk Schwartz to Represent Him in this Matter, Copy of Property Record Card (Both Sides), Copy of Survey Showing Property as it Exists Dated November 6, 2012 Prepared by Peconic Surveyors, Nine Pages of Plans Showing Site Plans, Floor Plans & Elevations Dated June 11, 2013 Prepazed by Mazk K. Schwartz - Architect. * * * RECEIPT Date: 07/29/13 Receipt: 156668 Quantity Transactions Reference Subtotal 1 ZBAApplication Fees 6676 $1,000.00 Total Paid: $1,000.00 Notes: Payment Type Amount Paid By CK#915 $1,000.00 Brenner, Steven Name: Brenner, Steven 27 Club House Court Jericho, NY 11753 Clerk ID: CAROLH Internal ID: 666 BOARD MEMBERS • OF $OV • Southold Town Hall Leslie Kanes Weisman, Chairperson O~~ TyO! 53095 Main Road • P.O. Box 1179 ~ p Southold,NY 11971-0959 Eric Dantes # ~ Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider ~L~CQ~~ Southold, NY 11971 http: //southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (63]) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 5, 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, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 5, 2013: 10:00 A.M. -ELLEN BRENNER 2007 TRUST #6676 -Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit to construct second story addition and patio addition to existing single family dwelling: 7) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) less than the code required minimum side yard setback of 10 feet, located at: 40 South Lane(Oak Court) (corner Old Orchard Road) East Marion, NY. SCTM#1000-37-6-4 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.Tothno Town.Southold.nv.us Dated: August 12, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto://southtown.northfork.net August 12, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, September 5, 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 August 19`": 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 mailing address or to deliver the letter to the current owner to the best of your ability and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as oossible• AND not later than August 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later August 28`h: 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 applicanUagents 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 September 3, 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. ~ NOTICE OF HEARING • The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BRENNER, ELLEN 2007 TRUST # 6676 SCTnn # : 1000-37-6-4 VARIANCE: YARD SETBACKS REQUEST: 2"~ STORY ADDITION & PAT10 ADDITION DATE: THURS., SEPT. 5, 2013 10:00 AM If you are interested in this project, you may review the file(s) prior to the shearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 SY ~ ~ • ~ #11318 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 29th day of August, 2013. r.Ztt.~--- Principal Clerk Sworn to before m°loa`AM -WILLIAM . cot-) day of 2013. LEGAL NOTICE 91N~ of 1 W MAIN ROAD CORP SOUTHOLD TOWN #6677 Request for Variance from ZONING BOARD OF APPEALS Arica X Section 280.45C(f) and the THURSDAY SEPTEMBER 5,2013 Building Inspector's Sune 5, 2013 Notice PUBLIC HEARINGS of Disapproval based on an application for building permit to convert a dwell- NOTICE IS HEREBY GIVEN, par- ing [o two apartments and office s ace, avant [o8ection 267 of theTown Lawand at ])thepmposed apartments willwm- TownCodeChaptar 280 (Zoning),'Ibwn prise of more than [he code permitted of Southold, the following public hear- maximum 40% of the principal building CHRISTINA VOLINSKI ings will be held by the SOUTHOLD located ae 13200 Main Road Mattituck, TOWN ZONING BOARD OF AP- NY.SCTM#11100-114-11-9.1 NOTARY PUBLIC-STATE Of NEW YORK PEALS at the Town Hall, 53095 Main 11:00 A M - MAUREEN BLATT r Road, P.O. Box 1]79, Southold, New NO. O7VO61050~0 NER#6678-Request for Variance from QUOIIfIBd i? $UffOlk COUnfy York 11971-0959, ou THURSDAY SEP- Article XXIII Section 280.124 and the TEMBER 5, 2013: Building Inspector's June 20, 2UI3 No- My Commisslon Ezphes February 28. 2016 10:W A.M. -ELLEN BRENNER lice of Disapproval based on an applica- 2WZTRUST #6fi76 -Request for Vari- lion for building permit for an "as built" anew from Article XXIII See[ion 280. deck addition to existing single family 124 and [he Building Inspector's June j dwellin 1 less than [he code re aired 20, 2013 Notice of Disapproval based g~ ) q minimum rear yard setback of 50 feet, 1:30 PM - STEPHEN LICATA on an application for building permit ~ located ah 295 Shore Lane Peconic, NY. #6679 -Request fot Variance from Ar- The Board of Appeals will hear all to construct second story addition and SC'I"M#1000 S6 1 4 19 title XXII Code Section 280.116 B Persons or their representatives, desir- patio addftlon [o existing single family 11:20 A M -FRANK MAR ILIO based on an a hca[ion for buildin (r) mg to be heard at each hearing, and/or dwelling: 1) less than the code required PP g ~ - desiring to submit written statements ' #6674 -Request for Variance from Ar- mi[ and [he Building Inspector's June 28, minimum &on[ yard setback of 35 feet, title XXIl Code Section 280-116(B) 2013 Notice of Disapproval concerning a before the ~ nclusion of each hearing. 2) less than the wde required minimum based on an application for building per- permit to construct additions and alters- Each hearin will not start earlier than rear yard setback of 35 feet, 3) less than mil and the Building Inspector's June lions to an existing single family dwell- designated above. Rtes are available for the code required ndnimum side yard 2g 2013 Notice of Disapproval concern- ing at; 1) proposed construction at less review during regular business hours setback of 10 feet, located at: 40 South ing a permit to construct additions and than the code required bulkhead set- and prior [o the day of the hearing. If Lane(Oak Court) (wmer Old Orchard alterations to an existing single family back of 75 feet, located at 670 Old Salt You have questions, please contact our Road) Eas[ Marion, NY SCIM#1000- dwellin at 1 office a[, (631) 765-1809, or by email: 37-6-4 g )proposed construction Road (adj. to Peconic Bay) Mattituck, Vicki.Toth@Town.Sou[hold.n us at Tess than the code required bulkhead NY. S(TM#1000-144-5-13 y' 1020 A M. - FORDHAM HOUSE setback o[ 75 feet, located aC 1080 Deep 1_50 P.M - 7850 MAfN ROAD LLC Dated: August 15, 2013 LLC #6680 -Request for Variances from Hole Drive, (atlj. to Deep Hole Creek) d/b/a THE BLUE INN at NORTH ZONING BOARD OF APPEALS Article IV Code Section 280-18 and Ar- Mattituck, NY SCTM#1000-115-12-15 FORK #6675 - Request for Special 1-ESLIE KANES WEISMAN, CHAIR- ticle XXII Code Section 280-116 based 1145 A M -MICHAEL and CELIA Exception per Article VII Section 281E PERSON on an apphca[ion for building permit WITHERS #6670 -Request for Vari- 35(B) [o expand the current restaurant BY: Vicki Toth and the Budding Inspector's July 24, ante from Article XXII Code Section use to include being open to the pub- 54375 Main Road (Office Location) 2013, amended August 6, 2013 Notice of 280.116(B) based on an application for tic, enclose existing patio and surround 53095 Main Road (Mailiog/[JSPS) Disapproval concerning a permit to con- building permit and [he Building In- with a 3 1/2 fool wall located in a Resort P.O. Box 1179 strut[ a new single family dwelling, at; 1) spec[or's June 13, 2013 Notice of Disap- Residential (RR) District, located at Southold, NY 11971-0959 proposed conslmetion a[ mote than [he Proust concerning a permit to coustrucl 7850 Main Road and Orchard Lane (aka 11,318-1T 8/29 code maximum height of21/2 stories, 2) additions and alterations to an ezieting Old Orchard Road) East Marion, NY. lot wverage more than [he code permit- single family dwelling al; 1) proposed SCTM#1000-31-6-17.2 tad 20 % , 3)less than the code required construction at less than [he code re- 100 foot setback from the top of Muff, quired bulkhead setback of 75 feet, lo- located at 5205 The Long Way (adj. [o cared at: 6635 New Suffolk Road (adj. [o Long Island Sound) Easl Marion, NY. School House Creek) New Suffolk, NY. SCIM#1000.21-5-11 SCIM#1UW-117-5-24 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS grL~tiJNgt-T/LuS'T SOUTHOLD, NEW YORK ~ ~~,C~'itJ ~jf~,~,~.~NE,e, ~j2UST AFFIDAVIT ~ OF In the Matter of the Application of MAILINGS S7~ y,EnJ L32~',v,~~~2 (Name of Applicants) SCTM Pazcel # 1000- 3 ? ~ p (p - O COUNTY OF SUFFOLK STATE OF NEW YORK I, JG,~/wfiiZjL residing at /"d QOdC j3? G~i~G6~+c~' New York, being duly sworn, deposes and says that: On the ~ 9~day of " I ~G , 20~~ I personally mailed at the United States Post Office in Ct/f~(~ 6 Cif ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( )Assessors, or ( )County Real Property Office for every property which abuts and is cross a public r private street, or vehicular right-of--way of record, surroundin lican ' ure) Sworn to before me this day of ~-i~ - , 2013 VI TOTH (Notary Public) Commission Expires Juty 28, 2I1_f„_~ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. 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Cdy,~re,z~w 1{ :rr . rr i - ~.37-.~- Z / c~DCy~ Tv~c. y PD 6ax ~ 2 N o .e C ,~a.r?' .r J- ~liGICV/L~-L~ C~CL i(S ~ ~ ~0 6oX /~1_ l 8~ SUN fLsr L ~E ~ ~ t3 ox 5 1° o iS o,~ Q-- r_ M ~~~3y M- I . . . . n ¦ Complete Rams 1, 2, and 3. Also complete A Sign (~~v Rem 4 iT ResMcted Delivery Is desired. ? a~ey~' (n ¦ Print your name and address on the reverse X [?-1~dressce v , ~ q~J/ So that we Can return the Card t0 yOU. by n}gtl C. !Mt of Del ry ~vi(~/ ¦ Attach this card to the back of the mailplece, a~ or on the front if space permits. D. Is delivery address diRerem fiom m 77 Ye f. Article Addressed to: ^ If YES, enter delivery address belo~: ? No Y .Tu.~ k~n (.w~- m , ~ (.E/ V ~ tom, l/7 G 3. Servi pe rtifled Mail ? Express Mail ? Reglsteretl ? Return Receipt for Merchandise ? Insured Mall ? C.O.D. a. Restricted Denveyr (Fxaa reel ? 1§s 2. Article Nranber ~ ~ - ~ ~:i:+,r~ :3 (rians/er rrom seMwlabeQ - 71J05$17~IId .764 7203-''` - PS Form 3811, February 2004 Domestic Return Receipt iozsss-0z-nt-isao ; ~ • ~ ¦ Complete Items 1, 2, and 3. Also complete A lure Rem 4 R ResMcted Delivery Is desired. X Agent ¦ Print your name and address on the reverse ? Addressee so that WB Can return the Card to you. g eceived M' (PrlMed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, 0 n C Y'O /1 i n Z!' /3 or on the front if space permits. D. Is delivery address tlHferem from ttem 17 ? Yes 1. Article Addressetl to: If YES, enter delivery atldress bebw: ? No G~/d~n,e~~ (3a7 fs C!~ fso>< //9J9 o.s f'17 o-~~v~r ~Y 3. ServJGaType C~rWled Mall ? Express Mail O Registered ? Return Receipt for Merchentlise ? Insured Mall ? C.O.D. 4. Restricted Deliveyt (Fxae Fes) ?Ves z. AricleNumber 705 3110' 0000 2764 7212 (riansfer Irom seMce IabeQ PS Form 3811, February 2004 Darrreatb Return Receipt tozsssaz-r,~-tsao . _.e • I_ ¦ Complete items 1, 2, end 3. Also complete A ~9 Rem 4 R Restricted Delivery la desired. X ~ A9~ ¦ Print your name and address on the reverse Addressee so that we Can return the card t0 you. g. R~pelved by Prl ) C. Date of Delivery ¦ Attach this card to the back of the mailplece, NAM ~ ~ Zo - /3 or on the front R space pertnRs. D. la delNery address dMerent from Imm 17 ? Yes 1. Article Addressed to: q If YES, emer delivery address below: ? No }-/a-/t K t ~~i v ! ~ 'fit ~j2~ £ 0.S. r, f''t o,..i /J ~ 4 S Y 3. Mall O Express Mail D Reg~tered O Return Receipt for Merchandise O Insured Mail ~ C.O.D. 4. Restricted DellvetY4 ? Yes 2. ArtlcieNumber 7005 3110 0000 2764 7227 (riansfer lnxn servke )abeQ PS Forth 3811, February 2004 Domestic Return Receipt tozsasoz-nt-tsw , f a ~r a l ~ ~ ~ ¦ Complete ttems 1, 2, and 3. Also complete a Sig re~ = kem 4 If Restricted Delivery Is desired. X J ~ Agem _ ¦ Print your name and address on the reverse Addressee - so that we can return the card to you. Recely by (Printed ) C. Date of Delivery - ` ¦ Attach this card to the back of the mailplece, - = or on the front if space permits. ~ ~ ~ / P~22 /3 . Is delNe atldress different from m 17 ? Yes _ 1. Article Addressed to: If YES, enter delivery address low: ? No c~.,~~ y,~ -T~..y fox y9 _ ~AS)' /i10./I U~, ~ 9.3 n/ 3. S~ervfl ~~ype ElCenMied Meil ? Express Mall ? Registeretl ? ReNm Receipt for Merchandise j ? Insured Mell ? C.O.D. 4. Restrtcted Dellveryf (Extra Fee) ? Yea i z. Article Number 7011 350 0001 1683 2848 (rrens/er hom servlw leba~ PS Fonn 3811, February 2004 Domestic Return Receipt toz5sw2-M-tsa ; e . . . . ¦ Complete Items 1, 2, and 3. Also complete a Signature= kem 4 K Restricted Delivery Is desired. X ~ ~ Agent ¦ Print your name end address on the reverse - ~ Addressee so that we Can return the Card to you. B. Received by (Printed Memo) C: Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address Aillerpnt from Iterrr 17 ? vas 1. Article Addressed to: If YES, enter delivery address below: ? No r . Edwazd & Virginia Thorp 17 Norcross Street Rockville Centre, New York 11570 a. sa Type Certified Mall ? Express Mell ? Registered ? Retum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restncted Delivery? (Extra Fee) ? Yes z. Article Number 7p11 3500 00(11 1683 2794 .~rransfer Irom service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1510 i ~ • ~ • 1 • ~ ¦ Complete items 1, 2, and 3. Also complete A. Sig re ttem 4 N Restricted Delivery Is desired. X ~ 9~t ¦ Print your name and address on the reverse Addressee SO that we Can return the Card to you. B. Received (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. F~ y' ZO -13 D. Is dell address ditferem fmm kem 17 ? Yes 1. Article Addressed to: If YES, enter delivery address below: ? No ~Z a 9 e~ 1 e s 2 I,.J o, ~ z (3ux /3~ ~G.S f' mo-riu7, N`r //`~5 s. rvice type Certified Mall ? FicPresa Mail ? Registered ? Retum Receipt for Memhandlse ? Insured Meil ? C.O.D. ` a. Restdctetl Delivery! (Exrre Fee) ? vas ` z. ArtlcleNumber 7011 3500 OOlJ1 1683 2855 - (7iansrer /rom seMre lebeq - PS Form 3811, February 2004 Domastlc Retum Receipt tozs~pi~Ik ~"c- as 'mow TOWN OF SOUTHOLD ~IZ~t`1,~~- ~c1D~ ~JSfi ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK ~ C~~~ AFFIDAVIT OF In the Matter of the Application of POSTING 6~ZFNNEK ~c~E,~ z~a~ T2vf- (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ,3 "7 - d 6 ~ G COUNTY OF SUFFOLK) STATE F NEW/YO p,y y~ I, ' C Cil L~ Lresidingat Z4 `t'~~/~~~'~ /c.l/ Ccft~f~GU~ ,New York, being duly sworn, depose and say that: On the C~~ day of ~ j/ f fi , 201, I personally placed the Town's Official Poster, with the date of heazing and nature oY my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) -facing the street or facing each street orright-of--way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prio to th date of the subject hearing date, which hearing date was shown to be O 'i (Sign Swom to before me 1s Day of 201 i ~ CONNkc G BU^eCF' (_„v~. ~i Notay Public. Slate of R te~~ \ Nc. 016U5185'~ (Notazy Public) Quali°ied in ~sftnl~ Comru pan °'~~r ~ ~ ~ ~.b * neaz the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: �a SUUr�olo Mailing Address: Town Annex/First Floor,Capital One Bank # 53095 Main Road 54375 Main Road(at Youngs Avenue) u, P.O. Box 1179 Southold, NY 11971 • �O Southold, NY 1 1 97 1-0959 COU http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 July 29, 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 # 6676 Owner/Applicant : BRENNER, Steven Action Requested: Second story addition and patio addition, front, rear and side yard setbacks. 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, Lesli ei ma ZB rpe on By: Encls. P~ ottk Cov2~, a-~' ~pkopos~7 a~ stony ,u~s ~-syst~ o~ -~1-1s;~ Aycr"~v SsG aPo~ra~ ,l s~a~f 3 , 5~~ lo~ pav?. i g ~e.lf_ ~ 1, ~ S~ / ~c~ ~ ??e6?~ i A -l-,Q~NGNf~oY 3 7 ~,o~P, 3,rYa. i ~,.r. ,ao s~-c, n~~~aJ O N'ow3a ~ 3.3 X301 ~vf-; +°,~r a/~r9a C-Ar - _.-3~ , clf Ie~~i new r 5~,5 o Ii. l~l- SR 5B 2S! E 97.44'. k~~ad dine chord _ SZz& e', l7.44 " . 0 00 v=" irv~9u/ar Curve 14,2 ~ - ELISE, rr/ ~ Mow ~ f~ 3 ~\~I ,~~af ti i, m rc ~ ~ o i \ z4.3~'L NafeS _ l.Of No~S ~r0~7 /?Infi of .r ~ o \o Cordinr/.r L3~ry t'S~nttS s ~ iur`fnik/'a (`/c~rbs°~2SS. r. F Fr~flnl ~j,'a deS t/n t,r.!o~> f 1 Scale / ~ dti `r,C ~ TFla RP / J, 40, ri n p.: ~ s~ ,i Ieo- south Lane s --2s.ati~, ° o ~r %n x a' ~ ~ 11 Hl ~~yy t ~ ~ ~q ~j n ~7~- ~ / /1 p - /000-37-06-3:1 `7"' is -~Ll L1I 111- ~ 1y. 1 dtJl\ 5~ ..._'f7?-.,2468 0~ gsG--79&`z i ,u CnrrvPyrra~ 2b25 J/r.~d.- o. ~ ' . , uo ~ LOS ~.3 " /`X! i --G ~80u /~1L~3 l~ ` lt'~G~(I ~i ~n A r GA,edlivFr~s 13g_ i L.~f~:~tes %vp of jai, fl~ /2.1 - 7 _ X. c " ~M.CI.PIDiV_iTvwnt of au~T1d©LD Scale - ~o, J. H. GEIDEMAN I_. Ma I.2/nrv L. Z. me ~ (r~l ed I(ok~ NE ~~ti ~ P~~t~•11~ 5 ~2Zr14v Lic. Date ~~is~94 ~ y~~(L ReVt5InNj 5la~ n{ ~z-[n/; s~ 4 rJ ARF/l /Plcrevsrd fu eie.~ ,1; G`., ~ . O~nG/-I ~~J~ ~ 2625 Sy. >r1. ~~i519~2 Jnddr~d 'O~z x/r~q / ---~)`,Si.{%o1I!['o. tr~x~'/ooo-37-e6-z.! l0~ l~ ~'ava~ese, R~ J~Toa~nr? 3~ ash S GY•F ®ru,,a.r,~(. Kd, ~Gcsf,Glann ~ ~ S~nek ~ut-v?r ~ d uxll i c"~ x'~?~r ,S'e~,J~u~ ~~o-day. pl`f 9~a3~,o lo/1i/ro ~ Corialh~ ~ ApPrvda/ ~~i~/ro n 24.5' 10.0 REVISIONS: MAP' O$g1/M10 p.xr,y x.A+an. a ~ ~yg \ O PROPOSED NEW ~y ~B/J~ - ~ ]STY. HOUSE ~ \ \ 1 / ~ -DIMENSIONS- 'i OCT X92010 ~ 2 ~9 /y~~~1~F~F~.~.CO. Fw~~QAI.~TH~S'E~RRVICES ~ ~ ( NO DIWEWAYS ~ 20NE VE Ef{~~ ENT ARE PROPOSED ON \ (E L 1 I) ~ ~ ~ \ ~ ' TMlsvaoPERTY ~ ' ~ ' ~ ~ g NOTE: E%ISTING MOUSE ~ 2 0 N E A E AND DECK MATCHED V (E L 9) ' - A ~ ~ ~ , ~ 1 - O,~ CJ+ ' ..u~ ~ ~ „ . 11J1 ~ n~ 5 s S 31°1'30" E 164.6' _ - _ a__. sr D.W. y0~ \ ~ ~ ~ 'a_ W ~ ~ ~ Z,O ~ 0. 3~ ~ ? ? 'iii' ~ ~ ~ \ J 1,01. J F' iii ~ \ \ ~~i ~ yy ~ ATnEM~ R,v-er , ~v. ~ 11.6' T~iB. 30"~10 0 ~ ~ ~y L D " 1go47•~x ~ b \ ~ ~ \ B \ ~ ` S© ~ FINISHED w~AOE N Qt~26 ~ ~ a O W 161 2' © EL id tsEPrlc ~REA7 ~ - 'O a ~ . N O N X03 ~ ~ RR ~ BN (P I V A A ~ w CK NEAD WOOD pP~ '1G,. 1~ \ WAL D s A \ ~ h~ ~ A ~ ~ ~ r NOTE: C) o ~ y1a D ~ FILL fOR SEPTIC AREA: x x \ ~ APROXIMATLY 2200 SQ. FT. =F~ Q ~ ~ = 200 CU. YD. L1a ~ ~ ~ ~ A h ~y: SITE PLAN ~ O y ~ ~ \ w SCALE: 1" = 20'-0' a ~ e GRADE: EL 9.0 \ 000 ~ O ~ - .,W ~ .~fe~ $CT~ 1000-37-6-7.1 PAIE BROWN FlNE SAND \ ~<Ljj~~'•! ~~r ~ ` ~r~f e~7~~ ~j~ SUFFOLK COUNTY DEPART~4ENT OF HEALTH SERVICES p ~jt PERMIT FOR APPROVAL OF CONSTRUCTION FORA r'~+ z EXCAVATK)N INSPECTION RERUIRED e°~ SINGLE FAh lLY RESIDENCE AND ~ zr RL Lst 4 ~ FOR SANITARY SYSTEM y ~ x BY HEALTH DEPARTMENT fro ~ F WATER IN PALE BROWNFPlE SAND PROPOSED SEPTIC SYSTEM LOCATIONS: ~ ~ DATE 0 ~7 H.S. Pwr--. N0. j -61D~ ~ DISTANC DISTANCE APPRO SYM.: DESCRIPTION: FROM "A" FROM "B" ` TOTAL BEDROOMS 14 WATERENCOUNIFRED7.5'BELOWSURFACE ST 1000gaI.SEPTiCTANK 22.3' 29.8' Na ~ LP 1 ' DIA. X 2' DEEP LEACHING POO 31.4' 25.6' EXPIRES THRE YEARS FROM DATE QF E'CAEH r-m TEST HOLE DATA LP 2 8' DIA. X 2' DEEP LEACHING Poo 36.7' 36.0' onPee ls,mlo DATA SUPPLIED BY: AIAONAID GEOSCIENCE LP 3 8' DIA. X 2' DEEP LEACHING POO 38.T 33.1' Box 1000. solrrMOED. Nr mBl tbBi) Tss-wn LP 4 8' DIA. X 2' DEEP LEACHING POO 32.0' 42.1' LP 5 8' DIA. X 2' DEEP LEACHING POO 40.8' 46.2' ' di?FFO(~' • APPEALS BOARD MEMBERS ~ CQ~ Southold Town Hall Ruth D. Oliva, Chairwoman r? `s~~ 53095 Main Road Gerard P. Gcehringer ~ P.O. Box 1179 Lydia A. Tortora ~ Southold,iVY 11971-0959 Vincent Orlando Tel. (631) 765.1809 James Dinizio. Jr. # Fax (631) 765-9064 hnp:;/southold[own.northfork.net O~"" RECEIVED f BOARD OF APPEALS S.~ TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION 'APO. 1 3 ,ZO(k' ' MEETING OF APRIL 8, 2004 - ~ ~ ' Ref. #5453 -JOSEPH TRENCHENY Soofkoid Towp Clerk Property Location: 120 South Lane, East Marion CTM #37-8-3.2. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,058 sq. ft. parcel has 60 ft along the south side of Oak Street in East Martin and 325.17 feet in depth abng the easterly property line. The property is only 35.38 ft. at the southerly end of the property, along Orient Harbor. The existing one- story dwelling is 33.1 feet from the front property line, 3.4 feet from the east side property line, and approximately 34 feet from the west side property line, as shown on the February 28, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: The Building Department's Notice of Disapproval dated August 25, 2003, amended 2-23-04, rites Code Section 100-2446 in its denial of a building permit application wnceming additions and atteretions, for the reason that the total side yards are proposed at less than 25 feet (combined). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2004 and March 18, 2004, at which Gme written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the folbwing facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant proposes a two-story adtfitbn abng the west side of the existing dwelling. The applicant's February 28, 2003 site plan, revised 8/18/03, prepared by Architechr[ogies, shows a new two-story addition at 10 feet from the closest angle abng the southwest lot line, and 15 feet from the side property line at the greatest width, without change to the easterly 3.4 ft. side yard, resulting in a combined side yard area of 13.4 feet. ADDITIONAL INFORMATION:AMENDED RELIEF: During the January 22, 2004 public hearing, the applicant indicated that a second story was also being added over a portion of the existing dwelling, which would not meet the side yard setback requirements. At the February 26.2004 public hearing, the Board reviewed the applicants February 23, 2004 amended site plan adding a proposed 'P~W•':NrN~9.2004 • • ZBA No. 0183 - JWpM TnrwMny CTr01000-07.73 ~ p v seowid-story over the existing first flkxx of the dwelling at 7'6" from the easterly side lot line. In this review, the applicant was requested to consider an aftemative which would increase the side yard at the sharp angle of the 5outhMrest bt line, for the reason that the 10 ft. setback as angled would not provide sufficient fire akxessibiliy. On March 16, 2004, the applicant submitted a revised site plan, providing an increased setback from 10 ft. to 12 ft. on the southwest angle from the proposed addition at its dosest print. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal Inspections, the Board makes the folk>wing findings: 1. Grant of the altematve relief will not produce an undesirable change in character of neighbort+ood or a detriment to nearby propeAies. The applicant's house is one of many single-story houses along South Lane in East Marion. The new proposed construction will transforn the existing house into atwo-story design with a height at 26 feet to the ridge. The existing she yard set badk of 3'4" on the northeast side of the property will be unchanged. The new second story addition will have an increased easterly side yard setback from the 3'4" that remains for the existing first floor to 7'8", and the west/southwest side setbacks will be 17'6" and 12', as shown on the survey/site map revised March 16, 2004, prepared by Architechnologies. 2. The beneftt sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. This lot is particularly long and narrow, which leaves the side yards with little or no room for expansion. The logical choice is for an expansion as designed with the new construction as second-story additions. 3. The variance requested is substantial for a two-story addtion, representing a 38% reduction for the existing 3.4' side yard and proposed 12 ft. side yard, from the current lode requirement of 25 feet for combined total side yard setbacks. The additional second-story will result in a reduction of 22%, for a combined side yard area of 19't3" (7'B" and 12' minimum) as revised. 4. The d~culty was self-created bepuse the applicant acquired the nonconforming premises with knowledge of the tight side yards, and while zoning restrictions were, and have been, in e8ect. RESOLUTION OF THE OARD: In kxxisidering all of the above factors and applying the balandng test under New York Town Law 2B7-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to DENY the relief as applied for, and to GRANT alternative relief as shown on the March 16, 2003 amended plan prepared by Papa 3 - Mrrr 6.2004 • ZBA N6.6467 - Jotaph Tranchsny CTM 700037.1.2 ~I „W Architechnologies. This action does not authorize or condone any current or future use, setback or other feature of the subJed property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Gcehringer, Tortora, Orlando, and Dinizlo. This Resolution was duly adopted (5-fy}-~ Ruth D. Oliva, Cheirvroman 4/i.=/04 Approved for Filing 10~0~ LEGAL NOTICE SOUTNOIJ) TOWN BOARD OF APPEALS THURSDAY, JANUARY 22, 2004 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Ssdion 287 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, tM following publk: hNrirp wNl be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Nall, 53093 Maln Road, P.O. Box 1179, Southold, New York 11971, on Thursday, January 22, 2004, at the time noted below (or as soon thereafter as posslbis): 10:10 AM. JOSEPH TRENCHENY /6459. Request for a Variance under Ssegon 100-2448, based on the Building Department's August 25, 2003 Notkre of Disapproval, condming additions and alteretbns proposed with a total side yard area at less than 2S feet. at 120 South Lans, Ept Marion; Parcel 37-8.'i.2. The Boats of Appeals will hear all parsons, or their representatives, desiring to be heard at each hearing, andlor desiring to submk written statements before the conclusbn of each hearing. Each hearing will not stag prller than desipnetad above. Fuss aro avallabls for rwiew during regular business hours. M you have questbns, please do not hesitab to wll (831) 785-1008. Dated: December 23, 2003. RUTH D. OLIVA, CHAIRWOMAN BOARD OF APPEALS APPEALS BOARD MEMBERS • ~F~~' ~ Southold Town Hall Gerard P. Goehringer, Chairman 53095 Maier Road James Dinizio, Jr. ~ P.O. Box 1179 Lydia A. Tortora Southold, New York 11971.0959 Lora S. Collins j, F ZBA Fax (631) 765-9064 George Horning 'yQ1 * .~a Telephone (631) 765-1809 BOARD OF APPEALS O TOWN OF SOUTHOLD r } ~ MEETING OF JANUARY Y4, 2002 ~~lP Appi. No. 6099 -ROGER AND LESLIE WALZ STREET 3 LOCATION: 2606 Old Orchard Road, East Marion DATE OF PUBLIC HEARING: November 16, 2001; November 29, 2001. FINDINGS OF FACT IN THE MATTER OF ROGER AND LESLIE WALZ, APPLICANTS, FOR AN INTERPRETATION OF THE CODE OF THE TOWN OF SOUTHOLD, Article XXN Section 100-242A, eMided "NoncoMorming buildings with coMorming uses", to reverse the Building Inspector's determination rendered in the May 2, 2001 Notice of Disapproval. BASIS OF APPEAL: Appellants Roger and Leslie Walz are appealing the Building Inspector's May 2, 2001, Notice of Disapproval for a building permit to construct asecond- story addition to aone-family dwelling. The May 2, 2001 Notice of Disapproval reches the following: "Proposed addition not permitted pursuant to Article XXJV Section 100.242A wh/ch states, Nothing !n this Article shall be deemed to prevent the remodef/ng, reconsauction or renovation o/ a noncon/orming bW/ding containing a confomdng usq provide that such action does not create any new nonconformance or increase tiro degree of nonconformance wltir regard to the regulations pertaining to such buildings. Existing structure has a noncon/orrning setback of 3 feet hom the easterly side lot line and 6.6 feet In the westerly side line. The addflMr? of ffie second floor rep?asertta an increase in the degree o/ nonconformky." PROPERTY DESCRIPTION: The subject propeAy is a noncoMorming lot, comaining approximately .26 acres, located at 2606 Old Orchard Road, East Marion; SCTM 100-57-6. The lot is improved with applicants' house, which is a one-story building with side yams that ere nonconforming under Section 100-242A for nonconforming tots, which requires a minimum side yard setback of 10 ft. and a total of 26 it. for both side yards. The building has a nonconforming setback of 2 feet from the eastsAy side lot Tine and 6.6 feet in the westerly side line. RELIEF REQUESTED: Applicants request the Boats of Appeals to reverse the Building Inspector's determination flat the proposed second-story addition over the "footprint" of the existing house ropreser?ts " an increase in the degrore of~nonconformity" per Section 242A. They contend V Page 2 -January 24, 200• ~ , \ Appl. No. 5039 - R. and L. Welz y(, 1000.37-0-5 at East Marion that the Building Inspector improperly applied Section 242A, and request an Interpretation of the code provision. Applicants request the Board of Appeals to revere the Building Inspector's determination on the following grounds: 1. Applicants maintain the second-story addkfon does not constitute an "increase In the degree of nonconformity" because the addition "goes up and not out", and is therefore no closer to the lot line. 2. Applicants contend that the degree of nonconformky should be measured as the horizontal distance from the "footprint" of the existing nonconforming building to the property Ilne. Appkcants acknowledge that existing side yard set backs are nonconforming and that the second-story addition would retain the nonconforming setbacks. However, applicants maintain that there Is no change in the degree of nonconformity since "nothing Is closer than that which exists" and therefore the code requirement Is met. WHEREAS, the following code provisions are pertinent to this request: 1. Article XXIV Section 242A, NoncoMorning buildings with conforming uses, reads: Nothing in this Article shall be deemed to prevent the remodaHng, reconstruction or renovation of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings. il. Section 100-13 Definition of the zoning code, NONCONFORMING BUILDING OR STRUCTURE - A building or structure legally existing on the eNoctivo date of this chapter or any applicable amendment thereto but which fella, by reason of such adoption, revision or amendment, to coMorm to the present district regulations for any prescribed structure or building requirement, such as front, aide or rear yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which Is continuously maintained after the effective date of these regulations. WHEREAS, The Zoning Soard of Appeals held public heaAngs on the matter an November 15, 2001 and November 29, 2001, at which time written and oral evidence ware presented. Based upon al! testimony, documentation, personal observations of members of fhe board and other evidence, the Zoning Board finds the following facts to be true and relevant: 1. The head of the Building Department testified that an increase in the degree of nonconformance will occur N the new construction or renrovation to a nonconforming building Is located aU or closer to the pre-existing noneordorning set back line. As example, he stated that if the nonconforming building has a side yard setback of 3 feet, V ~ Page 9 - January 24, 2002• M~ Appl. No. 5030 - R. and L. Walz ~ 1000-97.0.5 at Fiat Marion ~ T and the proposed single-story addition is set back 3 feet 10 inches, there would be no increase in the degree of the building's nonconformance. Similarly, he said, the Department believes that a second-story addition over the exact tootprim of a nonconforming building would increase the degree of nonconformity, wit if the second- story addition were set back more than existing footprint, for example 3 feet 10 inches, no Increase in the degree of nonconformance would occur, and the code provision of Section 242A would be met. 2. In examining the provisions set forth in 242A, the Board finds that the deoree of a building's exiatino nonconformity is clearly established by the three-dimensional space. which does not ocmoly wkh the reaulaUons narta/n/no ro such bulld/nos. For example, H the code requires a minimum side yard set back of 10 feet, and asingle-story building's has a nonconforming set back of 3 feet, the degree of nonconformity is the 10 ft. by 20 ft. area, or 200 sq. ft. space which occupies the 10-foot, non-permitted building, side yard area. The degree of existing nonconformance has been establshed by the space which dose not comply with the zoning regulations. 3. The Board finds that pursuant to section 242A, if the new construction, remodeling, reconstruction, or addition, to a rronconforming bullding creates a new area of nonconformance, where none existed before, the degree of a building's nonconformity will be increased. For example, if the building's nonconforming 10 ft. by 20 ft. dimensions era expanded, env Dart of the new construction which encroaches into the 10-foot, non- permitted building, side yard area would create a new area of nonconformity, where none existed before, and would Increase the degree of nonconformity. Similarly, If a sewnd- floor were added straight up over the nonconforming 10 ft. by 20 ft. area, the addition would create a new area of nonconformity, where none existed before, and would increase the degree of nonconformance. 4. Although applicants contend that the proposed second-floor addition over the building's existing footprtnt does not increase the degree of nonconformity, we find no legal basis for this conclusion. The second-floor addition will increase the building's established degree of nonconformity because there would be more area, more square footage, more volume, and more bullding within the 10-foot, non-permitted side yard area. Simply because the second floor is bulk on top of a nonconforming footprint does not grandfather it or negate the fact that it will create a new area of nonconformity, where none existed before. 5. The Board agrees with the Building Inspector's deterninatlon that the appellants' proposed second-story addition represents an increase in the degree of nonconformity. 8. The Board finds that there is no basis in Section 242A to substantiate the Building Department's position that permits a nonconforming structure to expand into a nonconforming area K the expansion Is an inch less or a foot less than the existing building's nonconforming setback. This approach permits new nonconforming construction where none existed before. This position could ba viewed as arbkrery V Page4-January 24, 200. ~ Appl. No. 3089 - R. and L Walz ~j 1000-87-&5 at East Marion W '0~' ~1 4 ~~J' because the three dimensional space within which a structure is permitted to be bulk on a lot is defined by the town code regulations governing building set backs, maximum height and bulk. NOW, ON MOTION BY MEMBER TORTORA, SECONDED BY CHAIRMAN GOEHRINGER, BE IT RESOLVED, that the Board of Appeals Interprets Article XXIV, Section 242A to mean that: Remodeling, rewnstructfon or enlargement of a nonconforming building wkh a conforming use is permtted provided that such actbn does not create and new nonconformance or Incroase the degree of nonconformance with regard to the rogulaNons pertaining to such 6uifdings. An increase in the deoiiree of nonconformance w?/! occur !f the remodeling, reconstruction or enlargement creates a vertical or horizontal expansion of the established pre-existing dimensions of the nonconforming building, and the new construction does not comply with the regulations pertaining to such buildings, andlor if the new construction creates a new area of nonconformance, ekher vertically or horizontally, where none existed before. NOW, THEREFORE BE IT Fl7RTHER RESOLVED to DENY the applicants' request to reveres the Building Inspector's determination. VOTE OF THE BOARD: AYES: Members Goehringaz (Chairman), Tortore, Collins, and Horning. NAY: Member Dinizio (voting against the decision for the reason that the decision goes beyond the authority of the Zoning Board of Appeals.) This Resolution was duly adopted (41). Drawing Addendum Attached for Filing wit eclslo _ Geraz . Goehringar, Chairman ;"3CEIVED AND FILED B ^I'prO°~ z 9-o z s , Tf:E SOUTHOLD TOWN C DATE ?`3>,'6'Z ,~iQt~i Town Cla:k, Town of Southold I K ~ APAP..AtS BOARD MEMBERS ~+~1FFO1R Southold Town Hall MMM eee Gerard P. Goehringer, Chairman = 53095 Main Road / ^ y~ Lydia A. Tortora c~ ~ P.O. Box 1179 ~ ~ ` ` George Homing ~ ~ Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 ~Kutcent Cklendo Telephone (631) 765-1809 h[tp:/lsoutholdtown.northforkset BOARD OF APPEAf S TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 2, 2002 ' Appl. No: 4962 - RO~R~,j AND'LESL{E WAIZ. Parcel fF37.-t35 Locetlonof Propertyi: 250507d OrdhaMRoad; East Marion. BASIS~OF ARPEAL: Budding Inspector's Notice of Disapproval-dated May. 2, 2001, denying a permit for a second-story addition stating that the proposed addition to a non- confomting stntcftire is. tmt petmitted'pureriant to ArBde XXIV Section.100-242A. The exiatstg siruclurts Fps a norteonforming side yard setback of 9 ft: from Hle easterly lot line and 8.5_t'ttxt the~tirestetly-lime andthe second-story addiftonrepresents an inrxease in the degree of: nohc©nfomiity. AR VA NC~EyREAUESTED: Applicants request side yard variances of 3 ft. and 8.5 ft. for~s?txYaddition rtst~d of the node-required 10 ft.minimum.fors single side yard ands total~of 25;fL rorbotttsideyerds,~ad as attwm on-the maps (A-4, AS, S-1) pnspared~by Fainxiia9ter-Brown Design Associates,.inc~ dated MarcA 18, 2001;.May 1, 2001, May 14, 20Di,' grid° May 24, 2001. 'The second-story would 'create 1,615 ft additional living spac8 hover art existing first floor living area of 1.,087 sq. ft. end 722.sq. ft alte'chedgarage, Ttga: expansion would create two bedrooms and a recreatlon raomttiat would:exCand'througfi~'tlre~center of this very long, approximately 75 ft. L-shaped house wills Wiltlls that v6ty fo a maximum of 38 ft. FINDINGS OF FACT The Zoning Board of Appeals held pubdc heannga on this application on June: 7, 2001; ~Airgust 18, 2001; September 20, 2001; November 15, 2001; November 29, 2001, at which haedrtgs written and oral evidence were presented: At the applicant's request, the hearing was re-opened March 28, 2002, at which time written and oral evidence were presented. Based. uprm all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to t>e true and relevant. 1. PROPERTY FACTS: Applicants' property is located on the east side of Old Orchard -Road in East Marron. The .215-acre lot (9380+- sq. ft.) was txeated prior to zoning as part of an otd map subdivision known as Gardiner Bay Estates, Section Two. The lot is long end eztremety rienow with water frontage of 54.89' onGardiners Bay, artd 257.4 ft along the east'propefty Ilrte and 265.0 along the west property tine. Access to the property from Old Orchard Road Is vie a 20 R wWe blade top. drive that angles sharply upwarcl ror a d'tstanca of 47 ft.. in front of the adjoining property owners lot ro the west The property is improved with 'the applicant's one-story single-famly residence, attached-garaged porch, cabana and'bdck-petios;'ell as shown onUre site plans prepared by Fairweather-Brown Desigrt Associates, Inc., dated. May 16; 2001. , n , 1 Page 2 -May 2, 2002 'v Appl. No. 4982 - R. and L. W alz 37: 8-5 at East Marion 2. The existing residence is an older waterfront home located on a very tiny, narrow lot, that is substantially elevated above the adjoining property owner on the west lot line. The applicants have owned the residence since 1980 and wish to expand the houae in order to retire there in the future. Because the lot is so narrow, andthe residence is already 75 ft. long, applipnts propose asecond-story addition to gain total living area of 2,202 ft. excluding an existing 722 sq. ft. attached garage. 3. The second-story would create 1.,615 ft additlonel living space over an existing. first floor living area of 1,087 sq. ft. end 722 sq. ft. attached gerege. The expansion would create two bedrooms, a bath, recreation room and balcony that would extend through the center of this very long, approximatety 75 ft. L-shaped house and the east side, and over the full first floor on the west side The width of the house varies to a maximum of 38 feet. 4. Tha community consists of odd-sized substandard lots, some with residences such as the applicants that were once summer wttages created prior to zoning. While the applicant's attorney submitted a map indicating many waterfront homes in the area have one-and one-half and two-story residences,. the board finds that only three areless than 50.feet wide, and a mejorfry are substantially larger than the applicants. 5. Nonetheless, some of the existing homes, particularly in the immediate waterfront area, are located close to the lot lines, and these neghbors offered support for the applicants' proposal. 6. Both adjacent residences, on Ste east antl west of the applicants' property, are vary cbse to the applicants' bt lines,. On the east. she, the adjoining neighboYs single-story residence is located 5 ft. to 6 ft. from the propertyline at the closest point The neighbor sent a letter in support of the applicant stating that the nine. ft house-to-house tlistance allowed them to carry on conversations from their pordtes and share a flower bed. On. this side, the applicant's architecture) .plans show a proposal to extend the existing first floor straight up wflh a gabled root at the exis8ng selbadc of three (3) feet 7 The board notes that variances run with the land and that future owners may. not appreciate the effects. of atwo-story, 75+.ft. long house set three (3) feet from the property line. The board also notes that because the-appllt~rrt's existing houae is only three (3j feet from the property line, fire vehicles have no access to the south. water-side of the residence, andthe proposed straight-up second story will only exacerbate tFreproblem and further Amit fire access tothe east side of the residence. 8. Both the. applicants' architect grid attorney conceded that the proposed second-story with gabled roof on the east side was a "problem", and more massive and intrusive than the low, shed-type roof design on the east side of the house. They maintain that the 2 r h i ~ .Page 3 -May 2, 2002 _ /1~ (1 Appl. No. 4952 - R. and L W alz - ~/~'r 37: 6-5 at EastMarion straight design Is necessary to achieve the. applicants' desired 1615 sq. ft. of additional livirlgspafa3: 9.The board disagrees. The existing house is not a cottage but a.'substantlalsfiicture Iccated too dose to the lot lines on a very smell lot The property has constraints, and the negative )mpacts of a doge hou6e on a tiny lo! are not in the best Interests of the. health, safety and welfare of the wmmunky. The, board believes the appNcant can achieve a~tiflonallivirlg;spaoeby creating a smaUer,~_less Intrusivesecond-story edditionon the east side: I 10. l')n the west side of the.applicam's existing resirence, a ibrick-path near the property i line siwws sign, oferosion;onto the adjoining properly:The.land slopes shatplyupward from Oki Orchardto the applcanYs lot. TheroM line of the obJectingneighbor's one-half storyresidence is approximately level with tkie applicanYS existing residence. The adjoining owner has expressed strgng .opposition to the proposed 'second-story addition:' The neighboYS residence,to the east also has d noriconforrrrkrg setbaek'(approximataCy 3.5 islet) to the lot Ilne, artd they maintain that the proposed eddftlon wtll 4Yeate'e towering wall over their residence, and deate problems of bss of privacy, welter and Septic contaminatbn. Combined with the proposed setback of 8.5 ft in tMsappiiaation, the total distance getwaen Yheiwo rissidences would.tie. nonconforming (approximately 10:feet total irtstead of 25-3fJ feet fatal fa'r both dwellings): 11.. To mitigate the impact to the westerly. pr®mises, applicants' architect designetl a shed roof wrfh an save that woultl eliminate the gable roof and create a less severe roof line, similar to a modified. pyrerrSid. The second fbor would not be incorporated over the L- ' shaped,south side of the residence. The`applicants have agreed to-install freneltidreins to contain xoof runoff. ~3ON3 FOR BOARD'ACTION~ On the basis of testlmony presented, materials submitted`and personal inspedtions, the obaM makes the following findings: i. A) Grant of the area variance on the t si of the residence willnot produce an undesirable change in the character of the nelghborhootl or a detriment to_ nearby properties.. The alternative drawing subryry~ritted by the appAcents' attorney for a second- atory!addfdon with 10' and f5' side yard $e~acks from the side propertyifnes (that could be cahstructed wtltiout a variance) would create a straight-wall; towering effect, affecting the neighbors properly on' the west side: ApplicanCs architect has designed a leas massive, second-story addition with a lower roof gne:to mitigate the-impact to the adjoining westerly neighbor. B) Grant of dre area variance on the east sitle of the residence will produce an undesirable change in the character of the neighborhood or a detriment to nearby 3 Pape 4 -May 2, 2002 Appl. No. 4962 - R. and L. Walz 37.-B-5 at East Marion 1 ^ ^W - properties. For reasons stated previously, the board believes that the: requested Variance to permit a 75 ft. long, straght-ap, second-story, 3 ft. from the property Ane wilF'tie but-of keeping with the nartow width and small size of the. property, and will'be a detriment to the health, safety and welfare of the community. 2. The benefit sought by the applicant can be achieved by some method, feasible for Me applicant to pursue, other than an area variance. The applicant submitted a drawing indicating that afull-second floor could be added over the existing structure, which would not require variances and would comply with the code's 10 ft. minimum and 25 ft. total side yards. Neither fhe applicant nor the !ward t~elieves that fhe example dted offers a reasonable design solution. The board does believe that the applicants can achieve the benefit of a second-floor addition on the east side with a modified pyramid roof Tine to .provide a greater setback to the property line. 3. The vadances requested are substantial. The applicants request total side yards of 9b ft instead of the code's 25-foot minimum. Although the magnitude of the second-story addPoon on the west side has been diminished by fhe proposed design, the desgn on the east side will create a 74+- ft. long, massive two-story structure, set Nree feet from the property ilne. 4. The alleged difficulty has bean seK-created. The code's minimum side yard setback were in effect at the time the applicant purchased the property in 1980 es a summer home. The desire to create a large house on a smelt bt can only ba descnbad as a. self-created difficulty. 5. Because of the high elevagon of the applicant's property over the adjoining westerly ~ property, the- existing erosan end roof runoff could be exacerbated by the proposed second-story addition. The board will condkion its approval of a variance on the west side with the installatbn of French Drains. The requested variance at Fhe east side wit have an adverse Impact on physical condifiats in the neighborhood. The size and magnitude of the proposed second story will Goss off the watertront, have an effect of wall-lo-wall building, and create an unwartanted fire hazard for both firefighters and the residents. 6. Grant of the requested variance on the west side is the minimum action necessary and adequate to enable the applicant to enjoy the beneftt of second-story additlons to a single- family residence, while preserving and protecting fhe character of the neighborhood and i the health, safety and welfare of the community. 'fhe requested east side variance is not the minimumnseessary because the applicant can achieve additional living space by creating a smaller, less (ntnrsive second-story addition. 4 , , Frr r`s Page 5 -May 2, 2002 Appl: No. 4962 - R. and L Walz 37.-&5 at East Marion j RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test Ondertdew York Town Law 267-8, motion was offered by MembecTortora, secondedby-MemtrerOrlando,anddulycarried, 70 GRANT a Variance authoriang a secondstory addition on the west side with e minimum setback of B,5 ft. wRh the CONDITION that the .second Door be constructed in fup accordance with the efte plan dated May 14; 2001 jS-1) prepared by'Fairwesther--Brown Design Associates, inc., and made pert of the record, and .with a further.CONDITION 1hatFrench dreins be installedto contain roofrunoff on sRe, and reinforcement and reconstruction of the brick path; BE IT_ FURTHER RESOLVED, TO. DENY a Variance authorizing asecond-story addition on fhe east side with a minimum setback of 3 ft., arM to GRANT ALTERNATIVE RELIEF authorizing e second-story addition wAh a minimum setback of seven (7) fast on the east side,. with the CONDITION that the designand roof follow the modified pyramid design of the opposite (west) side second floor. A shed roof can be placed over the tour (4) ft distance from the existing roof line to the eMerior wall of the second floor, or to the secondary roof of the second floor This action does not authorize or condone any current or future use, setback or other feature of the subject properly that v(olates the Zoning Code, other than such uses, setbacks and other features as areexpressiy addressed in this acton. VOTE OF THE BOARD:. Ayes: Member nger Chairman , Tortore, and Orlando. (Absent were: Members Horning and va.) Thls olufio y a e d ~ , ERARD P: GOEHRWGER, HAIR 5 -7- (o-SLj ~/O~R~ TEST HOLE er u~DO.wcO cEasclENCE O A APML )9. 2001 ~ 12.6) DARK BROWN n/~(1 SANDY LOAM _I. BROWN ` ~0 54NDY LOAM \XNY/ -3' ~ ° PALE BROWN FINf \ w.-s)A~ TO MEDIUM SAND _9. _iy caNC uoN. f~'_ o PALE BROWN `O~. M~ 9 ~ coNC. rovEa SILtt SAND Q ~O (_riN, 5a ~ N - l l PALE BROWN FINE ~O fj~E°~~j$ ~ \ 1~.r1~ ~ ~ 2g. -74.9' TO MEDIUM 59N0 ij 6 ~ t 'N?c~,~ ~ WATER /N PACf o.~ BROWN FINE TO y MEO/UM SAND J \ c ~ Y~ s4o y m~~ A6 Z ~ \ F 9 4 09? o ` ~A.~F~c .'L D;~~~ P' //~~Nt,' O e~ 1 OSS" O ~ F~ EDGE OF ~ ~ ~ \ pT E \ \ 9a~ / ~ V(~,y~ J4.9 ~ V / 1 ~ ~ ~ \ ~ ~ ^°j :o 0 j nE uNE ALavc MEAN NIGH WA)ER AREA: 72,834 S. F. = 0.295 AC. Lnr A°"'L 10• aacz. CERTIFIED TO: SURVEY OF ROGER J. WALZ PART OF LOT 5 LESLIE WALZ MAP OF GARDINERS BAY ESTATES, SECTION 2 EASEMENTS ANO/OR SUBSURFACE STRUCNRES RECORDED GR UNRECORDED SITUATE AT ARE NOT GLMRANTEEO UNLESS PHYSIULIY ENOENT pI >HE PREMAS6 AT TI/E WAIF OF THE SURYEI' EAST MARION ESQ ~ S~ ROUNN~ roE ~ ~ COM- TOWN OF SOUTHOLD PANY, G04ERNNEMAL AGENCY ANO LEF/pNG /NSIIMIONS LISRD HEREON SUFFOLK COUNTY, NEW YORK ANO >D THE ASSIGNEES OF I}IE LENGNG 1A5T1T1/IION. OLLARINRFS ARE NOT TRANSfER,1BLE ro AOOIIIONAL /NSnN/IONS OR SUBSEpUENT ONY/ERS. INE OFFSETS (OR pMENSIONS) SHOWN HEREON FROM THE S/RUCR/R6 TO SCALE: 1 '~=40~ DATE: APRIL 23, 200 THE PROPERTY L/AES ARE FOR A SPEGFIC P!/RPOSE ANO USE ANO B/ERE- FORE ARE NOT lIOENOEO TO CUIOE THE ERECTION of FENCE5, RETANJ/NG S.C.T M. DIST. 1000 SEC. 037 BLK.08 LOT 05.007 WALLS, POOLS, PAJIOS, PlANIpG AREAS, AOO/nONS TO BUttpNGS ANO ANY OTHER CONSTRUCI]ON. JOB N0. F3769 11 R MAP NO. 275 •cE p° ~W y LI \J ~ ~ FfLED: SEPT. 23, 1927 F 107-4 - REV1510NS: * ' hwoy Na on Bo N. Y. 46 (631) 7 B-5330 0 t'A_ Np DypW9 MaTC E. CAOroat, L.S. ~4` Succeawn to P°LAND Pou/ T. Conclim, L.S. Robert A. Kart, L.S. liCenSe no. 050749 Cood Cround Surveyors, P.C. ' } O APPEALS BOARD MEMBE• ~~~f BUT • Southold Town Hall Ruth D. Oliva, Chairwoman ~0 ,`O ~ 53095 Main Road • P.O. Boz 1179 Gerard P. Goehringer * # Sottdtold, NY 1 197 1-0959 Vincent Orlando ~ Office J 'on: James Dinitio, Jr. ~ Town Anttex /First Floor. Nordt Fotk Bank Michael A. Simon ,~yy„M„ ~ 54375 Main Raad (at Yottngs Avenue) Southold. NY 11971 ht[p://southoldtown.northfork.na REQ~~p BOARD OF APPEALS -f ~ ~ : e-D ~M TOWN OF SOUTHOLD MAY 1 0 ~ Tel. (631) 765-1809 • Fax (631) 765-9064 _ FINDINGS, DELIBERATIONS AND DETERMINATIOI~Od OId ~ Ntl'k MEETING OF APRIL 14, 2005 ZB Ref. 5682 -JOHN and JOY GALLAGHER Property Location: 730 Beyview Drive, East Marion; CTM 37-5-5. SEORA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this applit~tlon and determines that this review falls under the Type II category of the State's List of Actions, without en adverse effect on the environment if the project fs implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 8,592 sq. ft parcel has 52.83 feet along the south side of Bayview Drive, and is improved with atwo-story, single~amily dwelling as shown on the May 12, 2002 survey prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's January 21, 2005 Notice of Disapproval, dtirtg Sections 1l>D-242A and 100-244 in its denial of a building permit appNcation for new addiflons. The reason stated in the disapproval is that the new oonstrudfon will increase the degree Of noncontormance when located (a) less than 10 feet on a single side, and (b) less than 25 feet for the combined side yards. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this appAcation on March 31, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, pars al inspection of the properly, and other evidence, the Zoning Board finds the following fade to be ~ e and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to cortstrud a second-floor dopr[er and dedt over the existing porch roof at the southwest txxrter of the dwelling. The setback front the westerly aide (right-of-wayNvalking path) is seven (7) feet, as shown on the copy of a survey prepared 5/10/05 by Mark Kevin Schwartz, R.A. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the folowing findings: 1. Grant of the variance will not produce an undesirable change in the dtarader of the neighborhood or a detriment to nearby properties. There will be no change in the footprint, and the existing footprint conforms to the streetscape. i . . i Pape 2 - AprS 14, 2005 ZB Rai. 5882 -John and Joy Gather • / ~ v CTM 10: 37-5-5 2. The benefit sought by the applicant cannot be achieved by any method feasible for the applicant to pursue other than through an area variance. The room to be enlarged is the only second-floor bedroom and is on the side of the house with an existing setback of less than 10 feet 3. The amount of relef requested is not substantial; the addition does not raise the height of the roof ridge of existing of the house. 4. The difficulty was not self-created. 5. The variance in this community of private homes will not have an adverse impact on the physical or environmental conditions in the neighborhood. The house will remain a 1 story structure. Grant of this variance relief Is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protectlng the character of the neighbofiood and the health, safety and welfare of the community. BOARD RESOLUTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following ftndings: NOW, therefore, on motion by Member Simon, seconded by Member Orlando, it was RESOLVED, to GRANT the variance, as applied for and shown on the drawings prepared 5/10/05 by Mark Schwartz, Architect, and the May 31, 2002 survey Prepared by Joseph A. Ingegno, Land Surveyor. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinlzfo, and Simon. This Resolution was duly adopted (5-0); ~ Ruth D. Oliva, Chairwoman 5/6/05 Approved for Filing APPEALS BOARD MEMBERS - ~F~~ Soutbold Towo Hall 7 Lydia A. Toros, Chairwoman 53095 Main Road Gwazd P. Gcehringw P.O. Box 1179 George Horning Southold, New York 11971-0959 Ruth D. Oliva ZBA Fax (631) 765-9064 Vincent Orlando # ~ Telephone (631) 765-1809 ~ http://southoldtawn.northtork.nu BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD /o~JO y,K FINDINGS, DELIBERATIONS AND DETERMINATION YAY 21003 MEETING OF APRIL 17, 2003 Appl. No. 5312 - Nencv ChINSchlaefer of6old Town Cle~~ Property Location: 180 Knoll Circle, East Marron; Parcel 1000-37~r17. SEORA DETERMINATION: The Zoning Board of Appeals has vlsked the property under canslderetion In this application and deternines that this review falls under the Type II category of the State's ust of Actions, without an adverse effect on the environment k the project is Implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 14,241 sq. ft parcel has a frontage of 50 feet (radius) along the east side of KrwN Circle in East Marion. The property is improved with a new foundaton for a dwelling, under corwtruction and referred to under itre September 19, 2002 Building Permit No. 28754-z. The properly is skuated along a bulkhead 131.18 in length song Spring Pond. BASIS OF APPLICATION: Building Departrnent's January 9, 2003 Notice of Disapproval, amended January 28, 2003, dung Sections 100-244 and 100- 239.48, in its denial of a building pernk for new construction within 10 feet on a single side yard, and within 75 fast of the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a publld hearing on this application on April 17, 2003, at which timewrilten and oral evidence were presented. Based upon all testimory, documentation, personal inspectbn of the property, and other evidence, the Zoning Board fkxis the fdiowing fads to be true and relevant AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a new foundetlar, as an alternative, to renovafbns and additions to the fomtar dwelling structure, a portbn of which is 9.4 ft. from the side property line and a portkm of which will be not less than 73 feet to the existing bulkhead. The building and site details are detailed as shown on the maps prepared by Fairweather-Brown Design Aesoctates, Inc. last dated July 20.2002 (Plans S1, A7-A8, E1). The north and waterside locations of the new foundation aro identical to the locetan of the original twuse, and the addition to the south is stepped back to increase the formerly established waterside setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspacflons, the Board makes the fclowing findings: ? Pnge 2-Apri117, 2003 ^ AppL No. 5312-N. C6mSCWufa /~V/ 37-5•I7u F.utMVion ~ I n ' nll~ 1. Grant of the area variance will not produce an undesirable change In the character of the neighborhood or a detriment to nearby praperttes. The applicant will retain the pre- existing, non-conforming setbacks noted in the Southold Town Building Dept. Notice of Disapproval, while constructing a new single famiy dwelling on the original buiding footprint. This re-building project will not d3ange the character of the adjacent neighbortaod, which has a significant density of devektped parcels with similar non- conforming setbacks. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pureue, other than an arse variance, because fike appNcant is re~rullding on a parcel with pre-existing, non- conforming, setbacks from one side yard aM a buNchead. 3. The relief requested is rat substantial because the preexisting, nonconfortMng setbacks will not change. 4. The d~wlly has not been self-created, since this properly was already Improved with a single family dwelling that had the same setbacks, pre-existing zoning code, which will remain after new corlstructbn. 5. No evidence has been submitted to suggest that the proposed atltll6ona will have an adverse impact on physical or environmental corwfions In the neighborhood. The applicant will comply with the Oem>s and conditions sat forth by the Southold Town Board of Trustees in its WetlaMs Permit and with regarcl to the adjacent wetlands, has a Letter of Non-Jurisdiction from the NYS Department of Environmental Conservation, and the new constrocgon will retain the pre-existing, ran-conforming setbedks from the side yard and bulkhead on Spring Pond. 6. The relief offered is the minimum actbn necessary and adequate to enable the applicant to enjoy the benefit of a new 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 balandng test under New York Town Law267-B, rtatbn was offered by Member Page 3 -April i7, 2003 Appl. No. 5312-N. ChinSdilaefar ^ _ J7-3-17 at P.pl Marion ' I n~ Homing, seconded by Chairwoman ToRore, and duly carried, to GRANT the Variance as applied for and shown on the maps prepared by Fairweather-Brown Design Associates, Inc. last dated July 20, 2002 (Plans S1, Al-Atl, Et). This action does riot authorize or condone arty wrrent or fuWre use, setback or other feaWre of the subject property that may vkllafe the Zoning Code, other than such uses, setbacks and other feaWres as are expressy addressed in this action. Vote of the Board: Ayes: Members Tottora (CheinNOman), Homing, and Orlando. (Member GoeFMnger was absent during this vote; Member Oliva waes;~ou-t'-o-f~-s~ta't~e.) ThIs Resdution was duly adopted (3.0). /~i'~~ZsiRe/ Lydia . Tortora, CFrelnxoman -Approved for Filing `~,KI / 103 APPP.AIS•BOARD MEMBERS ~FFB(~ Southdd Totten Hstl (}orard P. Goehringer, Chairman 53095 Main Road Lydia A. Toitora ~ P.O. Box 1179 George Horning ~ Soutlald, NewYark 11971-0959 Ruth D. Oliva ZBA Fax (631) 765.9064 Vincent Orlando Teteplwne (631) 765-1809 ht[p://mufhoW[own.northforknet BOARD OF APPEALS TOWN OF SOUTHOLD ~ FHQDIIIGS, DPLIDERATIONS AND DETERMINATION -MEE17N('OFNOVEMBER21,2002 App[. No: 5201- Frank and Camille Piroxa PmpulyLaation: 109QBayviewl?rive,EastMarion;Parcd3T-5-9. . ~ . The Zomog Board of Appeab hoe vtsnad the property tender cmeidmatoe in4his+.gipli~ieri~ and detertniaes-that this reviete'IAEa twder: tho' Type II catagary of the Sta6e's, List of. Actiana; wtlhotn. an adverse effxt .era the emimmomt if the ptojeet is nopldma8[dd as ptanaed. • The appliwgt's property u a 13,014 p. 8. coreer ka wiW 6bntajgo'12'892 R. abog the"soet6side of Bayview Drive aod85.78 R. along the neat side ofi ICnou Chcie at0udureta~BSy 1is[apee (Lop lg & l9 cambvmed), m Fast Marion. The property is impmvad...wifh a mpdorY Sams dwelling and garage, as shown art the 5-13-02 eun'ey P~~bY J. md«s $qr the appliunta. $~,{,~Fddy PLr['JtT[ON::Htcldug Depsrtat®t's July 23, 2002 Nonce of Di~spproval denyhtg a P'~PPt Y41 aoaaapat aAditiott'/ahtratimts W wtietiog ttwelliog.whicb will ba lees then 35 fixx &amste~34tline. ~f~~.~~STBD: A Variance ie tegttatod order Seotiw 100.244B to Incase a propaeed:.2',>423°:;;{x variables) additigtt at the meth aide of the existing.dweltiog proposed at 30 ~ at~nlaaeat (on an angle), as sawn w the survey t>tepmed Mar 13, zom by J. Bmera, L.S. ~,riaaONS' FOR 130ArtD ACT10N. W:' Baead m the metimony and record hefine fhe Board and personal inapagim, ttie Bond makes the following findings: Gant of the area vatimce wtIl produce ea tmdeeitable m ohatactct of atighbahood or a detritneot W neerby~pruptrties. This smsll~proposed additim is typical for tlas oo®mLLy and will not aher a change the borne. 2. Ttie benefit eangfit by the applicant canaM be arJtieved by smoe mdhod, feasible for epplicmt to ptttsue, other than m area va~iana. Sian this in a comer bt and the applicant has veryclose aideyard ac16ar1w akody this ie the logical kxatim. 3. The area variartce is minimal, a 5 foot tedttttioa of a 33 foot fraat yard setback 4. The diffioully was selftreattd wlm the house was plead at his prcamt Iocarion. ---_T--... N Page 2 -1Voraabc 21, 2002 „ P~~ Appl. No. 5205 - F. argil C. Piroai , `.{\V[J 37-5-9 et &rt Mertm I \T N MG S. These u oo evtdera that the of the vamaeC w1U'h4ve: as adverse efiiertt or. inert oo the.. physical or orrvira®antal casdiliane m the a metric[. No evidmoe has been submitted to suggert that this minor variance will have an adverse impact m the physical or envirom¢eatal mndhim in the neighborhood. 6. Grant of the requested varisoce u ten mmimam action cecessary and adequate to enable tlw applicant to enjoy the bette6t of an additive to their dwelling, while ptmerVmg and protagisg the c]nracter of the neightiorhood, and the health, safely, and welfare of the conmrsnity. RESOL0710N/ACTION: On maim by Manbar Orlando, seconded by Member TaWta, and duty cartied, TO GRANT the applieatim as applied for andshown ve the 5-13-02 survey prepared by Latin C. Ehlers, L.S. This ac4m does not authorize a oandmo any merest a SrNre use, setback a ottiet 6 of rho wbjed propeRy tlat violarm the Zmmg Coda. atha Wen such saes. ebbaslcs and otlret..fwturm es. ' are ctpteasly addressed in this ackaa Vole of the Board: Ayos: Manben Godrri irrdan), , Oliva, and . ' This Readutim was duty adopted (4-0). (Meerba: 'ag of Fi is was e __.~+i OERARD P. Cr0 GFR, 1 ~rr~~rr p TF:i Sl.::._ ~ iD TO ~Pi..,l_.r;I; DATE /7'yG>: kpVR A: J 6pk _a,v_`' ..,even of - ~ _:~ia_ cpfFq.K~ • ~ ~ Southold Town Board of A ats y.~ MAIN RDAD • STATE ROAD 2S BOUTNOLD, L.1„ N,~971 M _ T TELEPHONE (5161785.1808 ~1 ( ~~^Y ACTION OF THE ZONING HOARD OF APPEALS .'yXG lSl Appeal No. 3557 (After rehearing) Application Dated November 24, 1986 Mr. Garrett A. Strang Architect [Appellant(e?] for MR. ROBERT EGAN Matn Roa Box T3T~~- Southold, NY 11971 At a Meeting of the zoning Board of Appeals held on January 8, 1987, the above appeal was considered, and the action indicated below was taken on your ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a I ] Request for Special Exception under the zoning Ordinance Article , Section [X1 Request for Variance to the zoning Ordinance Article III, Section 100-31 [ 1 Request for Application of ROBERT G. EGAN to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY: "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. WHEREAS, a conditional approval was granted by this Board under Appeal No. 3557 on November 3, 1986 as noted therein; and WHEREAS, the applicant has requested reconsideration of Condition No. 1 which restricted the westerly sideyard setback at seven feet; and WHEREAS, a resolution was adopted by this Board on November 20, 1986 by unanimous vote of all the members to re-open the hearing to re-consider the variance requested under Article III, Section 100-31 as to the westerly sideyard setback reduction; and WHEREAS, notice was published and posted as required by law on this public hearing, which was held on December 11, 1986; and MHEREAS, at said Hearing all those who desired to be heard were heard and their testimony recorded: and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and NHEREAS, the board made the following findings of fact: 1. By this application, a Variance is requested from Condition No. 1 of this Board's decision rendered November 3, 1986 which reads as follows: CONTINUED ON PAGE TWO] DATED: January 8, 1987. CHAIRMAN, SOUTHOLD TONN 80NiNC BOARD OF APPEALS Form 284 (rev. 12/811 , t Page 2 - Appeal No. 3557 as Amended Matter of ROBERT EGAN ~i - Decision Rendered January 8, 1987 lL " ..Minimum setback from the west (side) property lineat seven feet...". 2. Applicant proposes to reconstruct new dwelling upon existing foundation, rather than new foundation, which presently is set back five feet at its nearest point from the northwest property line (at the northwest corner) and 12 feet at its near- est point from the southwest property line (at the northeast corner), as more particularly shown on Drawing SP-1 dated September 5, 1986, prepared by Garrett A. Strang, Architect. 3. The premises in question is a substandard parcel con- taining a total area of 7,511± sq. ft. with 5fi ft. frontage along the west side of Knoll Circle and widening to 69f feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 12 (also referred to as Lot 27 and part of 26, Map of Section Two, Gardiners Bay Estates filed in the Suffolk County Clerk's Office September 23, 1927 as Map M275). This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the closest point) and 7t feet (at the farthest point) from the west side property line, 28 feet (at the closest point) and 40 feet (at the farthest point) from the front property line along Knoll Circle, and 401 feet from the outer edge of exist- ing concrete bulkhead, as depicted on survey prepared October 6, 7958 by Roderick YanTuyl, P.C. 5. It is noted for the record that the Variances granted by this Board on November 3, 1986 included: (a) Minimum setback from the east side property line at 12 feet (as established by existing foundation]; (b) Minimum total sideyards at 12 and 7 feet; (c) Minimum frontyard setback not closer than 28 feet from the closest point; (d) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi- tion (at the closest point], and 38 feet .for the newly proposed two-foot cantilever. In consfdering this application, the board also finds and determines: (a) that the variance requested is substantial in relation to the requirements, being a variance of 50% of the required 10-foot sideyard setback and a variance of 32% of the required total 25-foot sideyards; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circum- stances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance; (g) that in consideration of all the above factors, the interests of justice will be served by allowing a variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the proposed recon- Page 3 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Ren ere anuary B, 1987 struction of the single-family dwelling upon existing foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLONING CONDITIONS: 1. The reconstruction of the dwelling, including cornices, overhangs, steps, etc., shall be not closer than five feet from the west side property line and not closer than 12 feet from the east side property line (at the closest points as estab- lished and shown on survey dated October 6, 1958 prepared by Roderick VanTuyl, P.C. Z. If foundation is reconstructed, setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices, overhangs, steps, etc.) at the nearest point s.. at the north corners. 3. This approval shall be an amendment to the prior Decision rendered November 3, 1986, and Condition No. 1 thereof, and incorporates Conditions No. 2, 3, 4, 5 and 6 herein. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki. (Member 6rigonis abstained due to his absence at the public hearing [illness.) This resolution was adopted wfth a maJority plus. one votes (4) of the five members present. lk ~ RIN E C'H R January 14, 1987 ~i5 =~IVaD 4idD FILD BY xl:~ soJ,,,ciD rovrla cis.; RATE /n ii ~ 7 HOIJA' ~ ' ' /!rv ~ Town_Clcrk, ro~tn`^ f _~ou ` thdd ~ ~ . ~'l9~ NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN BORRD OF APPEALS at the Southold Tawn Hall, Main Road, Southold, NY at a Regular Meeting on Thursday, December.ll, 1986. at the following times: 7:35 p.m. Appeal No. 3216 - EUGENE DAMSON. Variance to the Zoning Ordinance, Article II1, Section 100-30(A)(1] for permission to establish second dwelling unit upon 9.8± acre parcel over existing horse stable. .Location of Property: South Side of Sound Avenue, Mattituck, NY; Lot 94, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval Juty 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 (containing 12.6{ acres). 7:40 p.m. Appeal No. 3577 - FRANK AND DELORES DAM ES. Yariance to the Zoning Ordinance, Article III, Section 100-32 for permission to replace accessory shed in the north sideyard area at 2285 Pine Tree Road, Cutchogue, NY; Lot 915, Map of Nassau Farms filed March 28, 1935; County Tax Map Parcel No. 1000-104-3-2. 7:45 p.m. Appeal No. 3578 - ARTHUR ESSLINGER. Variance to the Zoning Ordinance, Article KI, Section 100-119.2 for permission to locate accessory storage shed within 75 feet of existing bulkhead and wetlands area at 1515 Arshamomaque Avenue, Southold, NY; Lot 921, Map of Beixedon Estates; County Tax Map Parcel No. 1000-66-3-11. 1:50 p.m, Appeal Mo. 3579 - CHARLES AND SANDRA BLAKE. Yariance far Approval of Access pursuant to New York Town Law, Section 280-a from the east side of South Harbor Lane along Old Noods Path (Private Road 910), to premises known and referred to as 695 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-23.7. 7:55 p.m. Appeal No. 3580 - NICHOLAS BABALIS. Yariance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct new dwelling with insufficient northerly side yard and insufficient total sideyards at 3360 Rocky Point Road, East Marion, NY; County Tax Map Parcel Na. 1000-21-04-09. 8:00 p.m. Appeal No. 3572 - MICHAEL AND JOYCE MATTES. Special Exception-Bed and Breakfast (recessed from 11/20/86). APPEALS BOARD MEMBERS • ~~Q ~Vl • Mailinc Address: ~ ~ j Gerard P. Goehringer, Chairman ~p~' ~ Southold Town Hall Ruth D. Oliva # * 53095 Main Road • P.O. Boz 1179 Southold. NY 11971-0959 James Dinizio, Jr. Office Location: Michael A, Simon ~ Town Annex /First Floor, North Folk Bank Leslie ICanes Weisman ~1?lAl1V, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:/lsou[holdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ECE VED 'I-' Tel. (631) 765-1809 • Fsa (631) 765-9064 ~ . Z~- Z FINDINGS, DELIBERATIONS, AND DETERMINATIC~~I MEETING OF APRIL 10, 2008 Sott old Tottrtl ~?t ZBA # 6126 Application of David Fisher PROPERTY LOCATION: 2165 Old Orchard Road, East Marion CTM 37.3-4.1 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. S~JFFOLK COUNTY ADMINISTRATIVE ODE 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 a reply dated January 2b, 2008 stating that this application ie considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION~ The subject property is a nonconforming 8,523 square foot parcel in the Low•Density Residential R40 District measuring 82.12 feet wide along the southerly boundary of Old Orchard Road and 114.2 feet deep along the westerly boundary line. The property is improved with asingle-family dwelling as shown on the 03-03.2008 survey prepared by Kenneth M. Woychuk, Licensed Surveyor. BASIS OF APPLICATION Request for Variances under Sections 280-124, based on the Building Inspector's Notice of Disapproval concerning proposed additions to the existing single-family dwelling, which new construction will be leas than 35 feet from the rear yard lot line, less than 35 feet from the front yard lot line, and with lot coverage in excess of the code maximum limitation of 20%. RELIEF REA TEn~ The relief requested concerns proposed additions at the northeast side of the dwelling which results in a setback of 23.6 feet from the rear lot line, addition at the front of the dwelling which results in a nonconforming setback of 26 feet, and lot coverage at 23.43%, all shown on the corrected survey dated 03-03-08 prepared by Kenneth M. Woychuk. Page 2, • April 10, 2008 • • ZBA # 6126 -David Fisher CTM 37-3-4.1 ADDITIONAL INFORMATION The applicant purchased two lots in 1958 without plans to develop the lot to the west, and voluntarily merged the two lots to create a total lot size of 8,523 square feet. REASONS FOR 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to make alterations and additions to their existing dwelling that will bring the proposed dwelling up to code standards and increase the square footage of their existing living space (1) with a proposed 16' x 14' deck in the front yard that will continue along the line of the eaiating screened porch toward the westerly boundary with a 26' front yard setback from Old Orchard Road, while the code requires a minimum 36' setback, and (2) with additions in the westerly aide yard that will create a rear yard setback of 23.6' while the code requires a minimum of 35 feet, and (3) with new construction that would create a proposed lot coverage of 23.43%, while the code permits a maximum of 20%. While the applicant could build a two story house without a variance for lot coverage, granting the requested increase in lot coverage will allow the applicant to construct a modest one story addition to their existing one story house which will maintain the traditional character of small cottage type dwellings in the Gardiner's Bay Estates neighborhood. The Board believes that building a larger two story dwelling would have a greater adverse visual impact on the neighborhood than the proposed construction with the increased lot coverage. Many houses nearby have non-cwnforming front yard setbacks and the proposed deck addition at a 26' front yard setback is greater than the existing front yard setback of 20.9' which will be maintained for the existing screened porch in the proposed renovation. The proposed aon-conforming rear yard setback of 23.6' is about the same ae the neighbor's to the north (26') and an existing fence and vegetation provide privacy for both homeowners. 2. Town Law §267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the existing dwelling has a nonconforming front yard setback and rear yard setback (31.2') and the applicant chooses to build a one story rather than second story addition that necessitates a variance for lot coverage. 3. Town Law &267-b(3)(b)(3) The variances granted herein are substantial. The proposed lot coverage constitutes a 16% by variance, proposed front yard setback a 25% variance, and proposed rear yard setback with a 47% variance. 4. Town Law §267-b(3)(b)(5) The difficulty has not been self-created because any alterations or additions to this existing nonconforming dwelling on a small aon- conforming lot would require a variance. Page 3 -April 10, 2008 • • ZBA # 6126 -David Fisher CTM 37-3-4.1 5. Town Law §267•b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is flat and there are no drainage issues. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged 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 teat under New York Town Law 267•B, motion was offered by Member Weisman, seconded by Chairman Gcehringer, and duly carried, to GRANT the variance as applied for, sad shown on the survey by Kenneth M. Woychuk, Licensed Surveyor, dated 03-03.08 and drawings by Mark K. Schwartz, AIA, Architect, labeled New Addition Plana/Sheet A-1 and Elevations A•3 dated August 16, 2007 and stamped received by the ZBA on Jan. 07, 2008. Any deviation firom the variance given such ae extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformitiea 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 Goehri h ' a~ on and Weisman. Member Dinizio and Member Oliva were ab t. This Res ti was a ted (3-0-2). Ge d P. bringer, Chairm 4/if/2008 pproved for Filing • ~ • APPEALS BOARD MEMBERS ~Q?OF Ujyo~ Southold Town Hall Ruth D. Oli~u, Chain~oman /~`r ti0 4j 53095 Main Road • P.O. Box 1179 Gerard P. Goehringer ~ p * # Southold, NY 11971-0959 Vincent Orlando l~ Office Location: James Dinizio, !r. l~ Town An[te!c/Firs[ Fhxtt. Nutth Fort[ Bank Michael A. Simon ,J'~yr,,,,,,~ 54375 Main Rtud lat Yewngs Arenuel Southold. NY 11971 http://southoldtown. northfork.net (BOARD OF APPEALS RECEIVED ~d TOWN OF SOUTHOLD j~ 9~ Tel. f631} 765-1809 • Fax (6311765-9064 JUN 2 ~ 2005 N FINDINGS, DELIBERATIONS AND DETERMINATIO atkoldTowm Clerk MEETING OF JUNE 9, 2005 ZB Ref. ROBERT MANLEY APPLICATION 5704. Property Location: 1895 Old Orchard Road, East Marion; CTM 37-3-9 Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's March 28, 2005 Notice of Disapproval, amended April 25, 2005 for a new two-story dwelling, proposed at less than 35 feet from two front lot lines, and with lot coverage in excess of the code's 20% limitation. The new kwnstruction is noted by the Building Department to be an increase in the degree of nonconformance of the existing dwelling, which dwelling is proposed t0 be demolished. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideretion in this applicatitxt and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 11,595 sq. ft. parcel has 100 feet along Old Orchard Road and 115.95 feet akxtg Lotwst Court, and is improved with an existing 1340+- sq. fti single-story dwelling with concrete basement and 441+- sq. ft. deck area, all of which are proposed to be replaced with a new dwelling. BASIS OF APPLICATION: Building Department's April 25, 2005 amended Notice of Disapproval, [tiling Sections 100-242A and 100-244 in its denial of an application for a building permit to construct a new dwelling. The reasons stated for disapproving the application are that the setbacks will be less than 35 feet from both front lot lines, and the lot coverage will exceed the code's limitation of 20°h of the size of the lot. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 2, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to demolish the existing dwelling and to construct a new 2810 sq. ft., two-story, single-family dwelling, approximately 64.5 feet wide by 47.6 feet deep. The setback reductions requested are for 20 feet from the front lot line facing Old Page 2 -June 9, ?(qi • • ZB Ref. i7UJ - Robrrt Alanley ('rAi ~D: 3:J-9 Orchard Road and 20 feet from the southerly front yard adjacent to Locust Court. Also requested is relief for lot coverage, reduced from the applicant's original plan for 24.2% coverage, to between 20.5% and 21.5% (maximum). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspectlons, the Board makes the following findings: 1. The setback variances, if granted, will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicant wishes to increase an already high degree of non conformity in both front yards. The setback that Is proposed represents a 40% variance from the required front yard setback. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than substantial relief as requested. The applicant proposes to demolish the existing house with nonconfornirx~ setbacks to build a new house with an increase in the exlstlng nonconformity in the front yard areas. Demolishing the existing house represents an ideal opportunity to decrease the degree of nonconformity by situating the new footprint within the required setbacks. 3. The variance, if granted, herein is substantial representing a 40% variance from the zoning code requirement of 35 feet for each front yard. 4. The alleged difficulty has been self-seated. The applicant could build a similar sized house without the need for any increase in the degree of nonconformity. 5. No evidence has been submitted to suggest that altemative setback relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of altemative setbacks is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and weKare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancng test under New York Town Law 267-B, motion was offered by Member Dinizio. seconded by Member Goehringer, and duly carried, to DENY the variance as applied for, and to GRANT altemative relief as follows: 1. That the setback from the front yard lot line running abng Locust Court be no closer than 25 feet; 2. That the setback from the front yard bt line running along Old Orchard Road tye no Goser than 25 feet; 3. That the lot coverage not exceed 21.5%. I Pa¢c 3 -June 9, 2005 • • ZB Ref. 5701- Robert Afnnley 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. Vote of the Board: Ayes: Members Oliva (ChainNOman), Orlando, Goehringer, and Dinizio. (Member Simon was absent.) This ResoluC as duly adapted (4-0). --P _ ~;~z~ Ruth D. Oliva, Chairwoman filly /OS Approved for Filing 1 • ~ ~ ~IZ~. 1 z~" - APPEAR BOARD MEd~EILS ~~p~4'~FFOI,rCOGy SCOTT L. HARRIS ~ , , .2 Supervisor Gerard P. Goehringer, Chairman ~ Serge Doyeq Jr. p ~ ~ ~ Town Hall, 63096 Main Road James Dinisio, Jr. 'Ji!r~l ` ~ap~' P.O. Bo: 1179 Robert A. Villa ^~t Southold, New York 11971 Richard C. Wilton Fa: (616) 766-1829 Telephone (618) 786-1809 BOARD OF APPEALS Telephone (b16) 786-1800 ~ n TOWN OF SOI1TFiOLD ~~lQ~~" ACTION OF THE BOARD OF APPEALS Appeal No. 4176. Upon application of JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. WHEREAS, a public hearing was held and concluded on June 22, 1993; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This application is an appeal of the May 6, 1993 Notice of Disapproval issued by the Building Inspector for an existing open, unroofed deck addition extending 16 feet off the rear wall aad having a width of 22 feet, and an attached open walkway six feet off the southwesterly (side) wall of the dwelling, all as shown on the sketch submitted with the application. 2. The property in question is known as Lot No. 14 on the Map of Gardiners Say Estates, Section Two, filed with the Suffolk County Clerk on September 23, 1927 (prior to the enactment of zoning). This lot is further identified on the Suffolk County Tax Maps as District 1000, Section 037, Block 03, Lot 007, and consists of an azea of 4,638 square feet and lot width of 40 feet along Old orchard Road, East Marion. 3. The portion of the deck construction necessitating relief as to rear 'yard location is shown by applicant to be at a " setback of 20 feet from .the rear line (instead of the required 35 feet). Also, the open wooden walkway at the southwest side i ~~Page 2 - Appl. N 4176 . 'Matter of JOHN L. ~ CONNIB cRONIN Decision Rendered June 22, 1993 ~ is shown by applicant to have a setback at 1.7 feet (or slightly more) from the side property line, which is closer than established nonconforming sideyard of the dwelling at 6.6 feet. The lot coverage is calculated at not more than 32 percent of the land area, (although the figure furnished by the applicant's attorney is 1,472+- sq. ft, which is slightly less). 4. it is the position of this Board in considering this application that: (a) the circumstances are unique to the substandard size of layout of this property and are not personal to the landowners; (b) the relief requested is not substantial -and the floor area of the dwelling as exists is 792 sq. ft. which is less than today's minimum requirement of 850 sq. ft.; (c) the relief requested will not alter the essential character and is in harmony with the intent of zoning; (d) there is no other method feasible for appellants to pursue other than a variance - the land area is very small and cannot be increased in size; (e) the benefit to applicant is minimal and will not cause an undesirable change in the character of the neighborhood or a detriment to neazby properties by the grant of the variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; (g) the deck and attached walkway which is the subject of this application is existing, and although the difficulties claimed may be considered in some respect as "self-created," this Board finds that this does not preclude the granting of the relief - in light of all of the above findings. Accordingly, on motion by Member Wilton, seconded by Member Dinizio, it was RSSOLVBD to GRANT the relief requested (and described in the above findings) for an open, unroofed deck with side walkway, as exists, subject to the following CONDITIONS: 1) This relief is limited to an open, unroofed, unenclosed deck and side walkway, as requested; Page 3 - Appl. 4176 • Matter of JOHN L. CONNIE CRONIN p Decision Rendered June 22, 1993 2) There shall be no expansion or extension of the deck and walkway - unless further consideration, after formal application, is obtained; ' 3) Any and all outside lighting must be shielded to the property without glare to neighboring areas. Vote of the Hoard: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. • • ~e / BRARD P. GO ZNG R, CHA,E Q P~ECEIVED AND FILED BY THE SO(3TliOLD TG4VN CLERK DATE 7 -i - s3 HOtjR Town Clerk, Town of Southold _ - 2 ~ 02378 P~ i.~t.3/~7 Lo.vsr~tccr ~~r.4C..?6 ai.TN ..~,iSaFCieiealT SioE- ~~opas - G'A i • ~ ~ • Tontl or goosaow, Nsw z<oggc DATg ,.,_Dec..,._22, 1977 ACTION OF SaE EONQfO HIIAaD OP ArPEaW I ,,^A „ Appeal Na 2378 Dates November 25, 1977 ACTION 08 T~ 7.ONING HOARD OF APPEALS OF THE TOWN OF SOUTAOLD To George C. and Minnie Baker AppeWnt 83 Fenway Rockville Centres, NY _ _ et a meeting of the 7aNng Hoard a! Appeals an December 22 , 1977 the appeal wu coasldered and the eMion indicated below wu taken on lour ( ) Request }or vaeLnoe due to Lck o[ eases to propeety ( )Request [a' a epeofal exception under the 7.oning Ordfoance QC) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EECEPf10N. Hy resolution of the Hoard /t was determined that a spec4l axcepHon ( ) be scanted ( ) be denied Pursuant to Article Section Subsection pvagreph of the Zonius Ordinance and the decMlon of the BuRdieg Inspector ( ) be reveroed ( ) be con}irmea became 10:20 P.M. (E.S.T.) upon application of George C. and Minnie Baker, 63-Fenway, Rockville Centre, New York for a variance in socordance with the Zoninq Ordinance, Article IIi, Section 100-30 and Sulk Schedule for permission to construct dwelling with insufficient side yards. Location of property: west aide Sylvan Drive, Eaat Marion, New York; Lot 10A, Gardiners Bay Estates, Section IZ. 7. VAHIANC@ 87 ruWUtWn oL the Hoard it was determWM that (a) l~lct aDDHcetion of the Ordiosnce (would) (would not) produce Dractinl diffieidtin or uMeceetary hardship because SEE REVERSE (b) The 6ardeh(p created (L) (L not) uolque and (would) (would not) be shared by all luoperties alike In tbe hnmedLte vlcloity of thfs Property aM to the nme use d4itrfct because SEE REVERSE (c) The yarlapce (does) (don not) observe the spirit of the Ordinance and (would) (would not) ehania the character et the distrkt baceuce SEE REVER58 apd therefore, it wn further determined that the requested verlanee ( ) be panted ( ) be denied and that the previous deeLlons of the BuH ~ r ( ) be mntfrmed ( ) be reversed. SEE REVERSE i" n C ~ 1 d of AVP o HOARD or ArsEAts roRM Zet rhzi man ~ ~ 'ki0 After investigation and inspection, the Board finds that the applicant requests permission to construct dwelling with insufficient aide yards, west side Sylvan Drive, East Marion, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. TNEREFORE IT WAS RESOLVED, George and Minnie Baker, 83 Fenway, Rockville Centre, New York, be GRANTED permission to construct dwelling with insufficient side yards, west side Sylvan Drive, East Marion, New York, Lot 10A, Gardinera Hay Estates, subject to the following conditions: 1. The applicant shall place hie house no closer than 6' to either of the aide lines and no closer than 25' from Sylvan Drive. 2. All drainage from the property shall be contained on the property. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Bulse, Grigonis, Doyen. RECEIVED AND I''I7.ED $y Tx~ SOUTHOLD TOti'/ti GZ.EFiK DATBp~~,<9 78 HOUR /D•'.30~/~I pw~d:. Town of SoutLold _ _ ~ ~ T ~ - ~ I ~ r b.~ .w 4 ~ ~ ~ ~ i ~ W ` ~ ~ C ~ . ~ 1 2 ~ ? r" I ' Ijn ' p ~ o ~ 4 \~r, VJ"' ~ M ~ ,A x r, o !K - srr, o / I rs. ~o• A i ! ~ ~ ~ ~ ~ L X12 ? C ::F 2 _ ^ ~ i[ d 7 H ! u ~ o` r' ; o .r.,•„„ . i~...: F ..GA.2r Off" i~ / +o•. 11 Lor 6 > ~ i / Lor 7 a 4 ~ F iF P~ p 5~ :~Nj w~~_ o"~= ~'a- Ib MAP OF F~ROG6'l2TY o~°'"~~~ SV.CV~YED FOR ~AI_PN c~ HE'LEN S. Ib~AiF?%1N LI .+T ~ w~ EAas`I'. MARrvn/ ~ K rowlJ of .~OUTNOLDI n/. Y. } OF Nf,y fist ~ V'"r4'* u e ' ~ ~ ~is:~' /.-1 A'.:iNT,f LO 4Vd'.NAML 7"IT~f D~ I nf~ 'lecn co T,TLik-. INDYt ANC6 4'OMAONy ~ :V 70 SOOraNeO ~ :~.wl,Nr• IA/v/,. k f .n~~M AS J~RVi Yt'f;'~'.~,IKI del ly~'r. ~ `'~1 ~ P VAN TuYL. ~C So~( ~1 ~ix ~ O ~ ~vp tt r.. ct --V'~^"~;."'K's _ F~ti RQ~ON MAY1uI,~~~'~~~"~ ~Wl~ ;,.M,4~ e? g.o, LlcawtLro LANO Juavrrd+eA wVl~ ~ SKCr`!eN TwQ,, ~+~•I'IN~ki'.. N. v. d!" ~ -to•.-frtJntie'b .........,...,.r..,.,._ LOT NUMBERS REFER TO "MAP OF SECTION TWO OF GARDINER BAY ESTATES" FILED IN THE SUFFOLK SURVEY OF PROPERTY AOUMAP NO.RZ 5 OFFICE ON SEPTEMBER 23, 1927 AT EAST MARION PROPOSED SEPTIC SYSTEM TOWN OF SOUTHOLD (4 BEDROOM MAX) SUFFOLK COUNTY, N. Y. [1] 1,000 GAL. SEPTIC TANK 1000-37-06-04 [2 ] 6' DEEP x 8' DIA. LEACHING POOLS `•a .J'G'~r ; SCALE.• 1'-,20' e. EXISTING SEPTIC SYSTEM TO BE ABANDONED r„~"' a?2o~~(PRGPERrY CORNERS SET) IN ACCORDANCE WITH S.C.D.H.S. STANDARDS AuGUST 17, 2ot2 (PROPOSED SEPTIC SYSTEM) 10.8 ~ PROP. ELEVATION NOV. 6, 2012 (WATER SERVICE) J~ ~ Q~~ ~ RECEIVELe 6 OA ~ `~~,,r~/`'~~ ~ JUG 2E~ . 7 N ~ ~ ~ ~OARDOFAPPEALS d .30 O's 5 ~ ~ ~ ~d`91 ~`0 ~'b ' O ~ ~ ~ ° O4 ~ ~ ~~k ~ UTLITY ~ ~ ~ ~ A ~ POLE 88 Z IO ~ No ' o ~ I N ~ Z ¢ ~ 1 ~I I > J % VD ' \ ~ ao.4 ~ ~ ¢ ~ of P~ ~ ~ ~ \ 9 ~ ~ ~ O \ I 4,~ ~ ~ ~0 ~ ~ tie ' ~ ~ t d ~ W 22G EG~.~ ~ ~ \ ` ~ \ , , ~ v~ ~ ~P"" t Q G \ ` tib4 3~ \ d ~ gi / ~ ti w LP e'1 0 \ \ ~ ~ o a,. , c ,~o~ ~ • 'gyp ~ w~~ o?"' 5 \ .sus W & o~ ~p O ~ \ ~ / ~'a e cl~ ~ ~ 6, .r,~ ~ LO G ~ ~ \ 06• ~ y Q 4 G~ ~o 7,y . O• E6,L~1 d~~O,~ 6 ~O 7~ Q IQ 9 ~4. ti0 l~ ~l~ ~ Q" TEST HOLE DATA BY McDONALD GEOSCIENCE 4/26/12 ~1/~ 9'~ DARK BROWN LOAM OL AREA-10,53rJ SQ. - ' BROMN CLAYEY SAND SC 3• ELEVATIONS REFERENCED TO N.A.V.D. aROWN SANDY cuR cL FLOOD ZONE FROM FIRM MAP NUMBER 36103C0177H 6• SEPTEMBER 25, 2009 l am familiar with the STANDARDS FOR APPROVAL PALE Brt°wN FlNE 70 MEDWM SAND sP AND CONSTRUCTION OF SUBSURFACE SEWAGE EL' e.s~ WATER DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES wAmt w PALE BROVm FlNE m and will abide by the conditions set forth therein and on the MmwM sANB sa permit to construct. • ~ n' The location of wells, cesspools & public water shown hereon areF from field observations and or from data obtained from others ? ~ .Y. S. L/C. NO. 49618 s ANY ALTERATION OR ADD1710N TO THIS SURVEY lS A VIOLATION - CQNIC SUR YORS, P. C. OF SECTION 72090E THE NEW YORK STATE EDUCATION LAW. r EXCEPT AS PER SECTION 7209-SUED/NSION 2 ALL CERTIRCATIONS ~63,t) 765-5020 FAX (631) 765-1797 HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF ONLY IF `a p~ BOX 909 SAID MAP OR COPIES BfAR 1Hf IMPRESSED SEAL aF THE SURVEYOR ',.1230 TRAVELER STREET 12-162 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson O~aOF SQUryOI 53095 Main Road • P.O. Box 1179 Eric Dantes ~ O Southold, NY 11971-0959 ' Gerard P. Gcehrin er ~ ~ Office Location: g G Q Town Annex /First Floor, Capital One Bank George Homing ~ • ~O 54375 Main Road (at Youngs Avenue) i Ken Schneider ~I.YCQ~ ~ Southold, NY 1197] http: s ou [hol drown . northfork. net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 September 20, 2013 Mark Schwartz, Architect P.O. Box 933 Cutchogue, NY 11935 RE: ZBA Application #6676 -Brenner Deaz Mr. Schwartz: Transmitted for your records is a copy of the Boazd's September 19, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any constmction activities, a building permit is necessary. I~ Please be sure to submit an application along with a copy of this determination to the Building Departrnent. If you have any questions, please call the office. Sincerely Vicki Toth Encl. Cc: Building Dept. ~ 4 /t~0o- 3~-(0-`~ ~r~vrh~'~ S-FGi~2M , Ph .i N 6ti°`~ P 'P~~ 3~ :2 3 T 'T 3 , 3. o~ ~~'~e;~ ~T ` ~ '~,p~,T ~ 3~ ~ ~ ~ T a , ~ ~ i a ~ ~ T ~O `A` T ~ yq y ~ •f P ,rj `l ` F P; P T n n . 1 t6 f I~ ti X n~ { ~ ~ ~ n S ~ i . ~ ~ ~ ~ r l,I q~`\9 ? ~ m~ 7 ~ P 1` nib ~ nO1 ~ ~ 0 n M ~ ' f W , / ^ I m ' ~.'y ~ mo ~ ,.m i i OFfENf PI xw?. ` OAK _ , 18.E m` d a~ snNlu ~ ~ ~ Vii. ' x~nnoa 0 awn i 6... j s ~ _ ' ' d.I nm ~ ~t _~yaj f ~ a ~ an F ' ~ ~,a F ~ NOTICE COUNTY OF SUFFOLK © K *°^~°F eounxxn SECTION NO E 0° ~ ~.~~.w~.*~.~+E~ Real Property Tax Service Age^cy r ,,,,,,,E~ 37 v.,~.~,A.a....o..b. ~ m ~ .w.a.ww,.......w..w.,E evenly ~al..ror,xrn~o+ r