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HomeMy WebLinkAbout6809 &Pc"? - ` 5 60/4.%" Gt. Aiiil l � -P-10/l0C // CO1.)57727-2 Z (i/ cc7e" s/1_7 s6-7 Le Kx- s a Po/a 9 P(-- ( 2-14 j11 (' W . `/ (( ge,-o p-eirL '+(- 8 b 1 Sovei p rov- e P-(I ir we�7lerJb�JZ� C3.a.Q QCs 3 / --747s 13..-xye.►u CSR ve I ' Rcts /i[aR/arJ g 9_ 9(15.. _ p x/3 /78 5-Ni 5 BOARD MEMBERS ,i�',O� SOU, Southold Town Hall Leslie Kanes Weisman,Chairperson � 53095 Main Road• PO Box 1179 h0 .;''::�'.,'r� r �D Southold,NY 11971-0959 Enc Dantes it ti:`': ."` "':-' a Office Location • Gerard P Goehrmger • ;•:.11.' Town Annex/First Floor,Capital One Bank George Horning �`�t �: �• I 54375 Maw Road(at Youngs Avenue) Kenneth Schneider COUNI ;.6Il Southold,NY 11971 http//southoldtown northfork net ZONING BOARD OF APPEALS R.E.CE4 D 3 , a I 4 TOWN OF SOUTHOLD � Tel (631)765-1809•Fax(631) 765-9064 AUG 2 4 201 DELIBERATIONS AND DETERM NATI Utfio d FINDINGS, N D O 4 (1.13:114 MEETING OF AUGUST 20,2015 IRA FILE 6809,AMENDED AUGUST 6,2015 NAME OF APPLICANT James Knobloch PROPERTY LOCATION 795 Bayview Drive,East Manon,NY SCfM#1000-37-1-19 SEORA DETERMINATION The Zoning Board of Appeals has visited the property under consideration m this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA SUFFOLK COUNTY ADMINISTRATIVE CODE This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 30, 2014 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 Subject parcel is non-conforming located in a R-40 zone and is improved with a 1 'A story single family dwelling with attached porch and deck The parcel has 178 95 feet of frontage on Bayview Avenue, 92 76 feet on the east side, 131 00 feet on the eastern property line, 34 00 feet along the northern property line and 191 80 feet on the western side as shown on the site plan provided by Robert Brown Architect, dated June 17, 2014 BASIS OF APPLICATION Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 24, 2014 Notice of Disapproval based on an application for a building permit for an "as built "Deck addition to existing smgle family dwelling, at 1) less than the code required single side yard setback of 10 feet RELIEF REQUEST'FD The applicant requests a variance for a small unenclosed "as built" deck open to the sky,with a single side yard of 7 6 feet where the code requires 10 feet The deck is approximately one step above normal grade ADDITIONAL INFORMATION The subject dwelling has both an attached porch and the subject deck At the hearing the adjacent neighbor to the west explained to the Board that her own home is just a few feet from the side yard she shares with the applicant and the new as built deck overlooks her bedroom window and has created a privacy and noise problem for her Based upon this fact, the applicant agreed Page 2 of 4 August 20,2015 ZBAA6809 AMENDED—Knobloch SCTM@1000 37 1 19 to erecta 6 foot high fence on his property along the shared property lme to create a privacy and noise barrier in front of the neighbor's bedroom window and beyond Two days after the June 15, 2,015 deadline for the completion of screening along the westerly property line, as described in conditions numbers 1 and 2 below, the Board conducted a site inspection to deterlmme compliance The Board observed that the apphcant had planted a few evergreen trees which did not meet the required height or length The hearing was re-opened by Board resolution to address the conditions being met Upon re-inspection by the Board pnor to the scheduled August 6, 2015 re-hearing, the Board observed that additional evergreens of approximately 5 plus feet in height had been planted, thereby meeting the conditions imposed in the original determination At the re-hearing the applicant showed the Board a document from the Building Department signing off on the subject deck and confirming compliance with the subject conditions The adjoimng neighbor stated at the hearing that she was not satisfied with the height of the trees and the spacing which did not provide instant and complete visual privacy The Board determined that the original conditions did not require plantings that would create fall and immediate visual privacy Rather the purpose was to plant and continuously maintain evergreens that would grow and eventually create the visual privacy imposed herein FINDINGS OF FACT/REASONS FOR BOAR)ACTION The Zoning Board of Appeals held a public hearing on this application on December 4,2014, re-opened by Board resolution re-heard on August 6,2015 at which time written and oral evidence were presented Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zomng Board finds the following facts to be true and relevant and makes the following findings 1 Town Law $267-b(3)(b)(1) Grant of the side yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties The entire subdivision consists of approximately 70 non-conformmg improved lots with non-conforming setbacks The majority of the homes in this area have decks and porches attached to their homes The subject dwelling is sited in the center of the subdivision on a very irregularly shaped lot It is this odd shape and the placement of the home on the property which creates the need for the relief requested The as built deck is not visible to most of the street and is tucked in between the irregular shape of the existing dwelling 2 Town Law $267-b(3)(b)(2) 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 move the deck to the technical rear of the home or create a conforming patio on grade However, the as built deck is primarily used for outdoor barbequing and there is no fimctional exit from the kitchen to the rear yard Additionally, the applicant could cut the deck back to a conforming setback, but the applicant provided photos showing the location of the cement piers, which would be costly to remove 3 Town Law $267-b(3)(b)(3) The variance granted herein is mathematically substantial, representing 22% relief from the code However, the applicant is willing to mitigate the privacy concerns of the neighbor with fencing since there is substantial shade along that property line and most vegetation that could provide privacy would not thrive and would be too large for the existing side yard location 4 Town Law $267-b(3)(b)(4) No evidence has been submitted to suggest that a variance m this residential community will not have an adverse impact on the physical of environmental conditions in the neighborhood The applicant must comply with Chapter 236 of the Town's Storm Water Management Code Page 3of4August 20,2015 ZBAA6809 AMENDED—Knobloch SCTM t1000 37 1 19 5 Town Law §267-b(3)(b)(5) The difficulty has been self-created The applicant purchased the parcel after the Zoning Code was m 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 m 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 deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community RESOLUTION OF 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 Goehrmger, seconded by Member Weisman (Chauperson), and duly carried,to GRANT,the variance as applied for, and shown on the site plan produced by Robert I Brown, Architect dated June 17, 2014, information taken from a survey produced by Otto W Van Tuyl and Son Lana Surveyors, dated August 26, 1960 and Amended April 16, 1979 Subject to the following conditions, CONDITIONS 1 The applicant/owners of the subject property shall construct 6 foot high fencing or plant evergreen screening which shall be a minimum of 5 to 6 feet in height, between their 'as built' open deck and their westerly property line 2 This screening must be completed by June 15,2015,and inspected by the Board to determine that the screening installed is of adequate length along the westerly property line to create visual privacy from the adjacent neighbor's bedroom window and the subject open deck 3 If evergreen screening is chosen, it must be continuously maintained or replaced 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 Boo d of Appeals Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above such as alterations extensions or demolitions are not authorized under this application when involving nonconformrties 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 minims in nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1) year terms Vote of the Board Ayes Members Weisman(Chari person), Schneider, Horning Dances, Goehrmger This Resolution was duly adopted(5-0) (Signed and filed on Original Decision) Leslie Kanes Weisman, Chauperson Page 4 of 4 August 20,201.5 10AJ16609 AMENDED—Knobloch SUMJ1000 37-1 1.9 Approved for filing / /2015 RESOLUTION QF THE BOARD motion was offered by Member Dantes, seconded by Member Horning,and duly earned,to AMEND THE DECISION AS DESCRIBED HEREIN Amended Decision - Vote of the Board Ayes Members Hornmg, Dances, Goehrmger (Acting Chairperson) (Absent was Members Weisman (Chairperson), Schneider) This Resolution was duly adopted(3-0) / / erard P Goehrmger,Acting •: •a •en ir Approved for filing 8 /4/ /2015 Toth, Vicki From Toth, Vicki Sent Monday, June 22, 2015 2 37 PM To 'Kathleen Dwyer Subject Knobloch #6809 Ms Dwyer— The Zoning Board Members by resolution voted to re-open the Knobloch heanng As such,your letter will now be part of the public record The Zoning Board is aware that you requested this letter to be confidential However,your letter requested the Board to reconsider the prior determination and is part of the reason they are re-opening the heanng You will receive a certified mailing of the scheduled hearing date and time Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) 1 A June 5, 2015 RE ETV JUN 0 9 2015 Board of Appeals Town of Southold 53095 Main Road BOARD OF APPEALS P 0 Box 1179 Southold, NY 11971-0959 Attn Ms Leslie Kanes Wiseman, Chairperson, Mr Kenneth Schneider, Mr George Homing, Mr Enc Dantes, Mr Gerard Goehnnger, Ms Vicki Toth RE ZI3A File 6809,3CTM#1000-37-1-19 Confidential-not for distnbution outside of the Town of Southold Boards Dear Board of Appeals, Based on the failure of Knobloch (hereinafter "applicant') to comply with Decision of the Town of Southold dated January 8, 2015, (In the Matter of James Knobloch), as well as new evidence discovered since the hearing on the matter, I request that the Town of Southold reconsider and amend the January 8, 2015 decision In any event, based on applicant's failure to adhere to the mandates of the Town of Southold,the town must order him to comply immediately Background In the Matter of James Knobloch, the Town of Southold directed applicant to complete the installation on his property of a "6 foot high fence or plant evergreen screening which shall be a minimum of 5 to 6 feet in height by June 15, 2015 " The Town mandated that the screening adequately run the length of the Knobloch western property line to create visual pnvacy from my home and the new addition of the open deck on his property as inspected and determined by the Town Applicant has failed to follow the order Failure to Comply Between May 18 and May 22, shrubbery was installed on applicant's property Photographs of the shrubbery,taken on 5/31/14, 12/4/14, and 6/24/15 (2), are attached As the photographs demonstrate, the shrubbery does not meet the 5 to 6 feet height requirement and does not run the length of his property line to create visual pnvacy Save one shrub, the shrubbery is only Just 3 feet high Therefore, the height requirement has not been met Moreover, the shrubbery is widely space That spacing, combined with the lack of height,fail to create the mandated visual pnvacy Applicant already has failed to follow the Rules, Regulations and zoning Ordinances of the Town by first obtaining permission to add the deck He continues his blatant disregard for the rules and decisions of the Town and the Town Board New Evidence In addition, new evidence demonstrates that Knobloch made misrepresentations to the Town of Southold regarding the addition of the deck At the hearing on December 4, 2014, Mike Knobloch (brother of and joint owner of the house) reported to the Town that the deck was built for their (James and Mike) own personal use He explained that rt was inconvenient for them to step down to the grill on the lawn, and that the deck would be more convenient for them when grilling outside in warm weather Based on his representations, and my objections, the Town approved the addition and directed the fence or shrubbery installation But Knobloch's statements to the Town are wholly contradicted by his subsequent actions Knobloch did not add the deck for his personal use Rather, he added the deck to enhance rental income from the property Knobloch has rented the property for the majority of the summer season, and continues t o advertise its rental In a published rental advertisement regarding the property (attached hereto), Knobloch highlights the addition of the deck to attract renters, "For those of you who like to grill we have brand new deck located off the kitchen including a choice of a gas grill or a charcoal grill to.use" He seeks to rent the property for snort term use (minimum 2 nights) during the 2015 season Knobloch offers the property to 11 tenants at one time, parking for six (6) vehicles, with pets and smokers welcome The rental advertisement further indicates that the deck is immediately off the kitchen, and is large enough to accommodate two grills for the pleasure of the renters Knobloch's actions immediately following the 2014 hearing through today refute his representations to the Town Conclusion Based on applicant's failure to comply with the Decision of the Town of Southold, combined with his misleading and disingenuous statements to the Town, the Town should reconsider its prior determination and direct Knobloch to install a 6 foot tall cedar fence on his property immediately Applicant seeks to rent his home to eleven people at one time, including pets and smokers I am entitled to peace and enjoyment of my home Only a fence of this quality and height will allow me to have what I am entitled to as a property owner in this residential neighborhood of the Town The shrubberies that Knobloch has installed are too widely spaced, d provide the mandated visual privacy by June 15, 2015, and are not deer resistant A 6 foot cedar nce will meet the height and visual privacy mandated by the Town / I request you provide written direction to Knobloch by June 10, as the 15th deadline is quickly approaching Please send a copy of the instructions to my attention Regards, (p C40 ‘4_ RECEIVED JUN 092015 thleen Dwyer 665 Bayview Drive BOARD OF APPEALS East Marion, NY 11939 kdwyer235@gmail com 917 767 5095 Enclosures 's ,,,it _ . „ _ A iii III ,„.,. _ _ . ...., . . ......., 0 i . ._ ,, . . 4., ,. __,__ .1: , , , Oa W o Q. 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' vr•.e., 0 aC)1 (E) RECEIVED ,N 0 9 %r1 BOARD OF APPEALS • • ems' AM°...,` s ,.-.-,:t.4,-:•A'','-, �L'•r•a.,..� -'. r • + �-,:a' .�. ^�,� ♦.., ' Y •• r+ : t w ->9 If-r` .i` Ly 1. ... ..et.• . ,k,... ..,-..n.. .,-,-.„.,-.:-.,,,, -:-.,..-:,..„-..... .... :,...--,..._...-_ ,`1.,' ', ..... ... _.... ,, -..,--.. ' Y ..tricir sz aanA• wr •� ' • 1 ., '..4i.-.* v "A ° I f � ' • 4, , .. , ... �, -,- ! �.-. Pi il ... . �i . : , T 1 r ,,- .., _ i • ) \,. 1;, .e. '" .aye♦ �,, r .,„ii , .. i , M ,± iL' h am .* , .t. h 4� ♦ i: a - gl -'d1 i • '` "S . r ♦ i �� 7 k W ei"`' ` `cilli., ••' guy `! a�-e1+ w WV, • dit, 'y , lal 441 izi () coyA REDEIVED i,,qo it 9 - BOARD OF APPEAl- 5 Bedroom, 2.5 Bath and Sleeps 11. - HomeAway East Marion Page 2 of 20 • Learn more HomeAway let's stay cogethe East Marion, North Fork I don't have Search ••• ��• specific dates • Back to Search Back World > 2. USA > 3. New York > 4. Long Island > 5. North Fork > 6. East Marion > 7. Rental 3870091 5 BEDROOM, 2.5 BATH AND SLEEPS 11. • T---'--vs AK_ _ (9qcol • ill _a__ - :. RECEIVE • Amenities 1,v1\\\ l{ • ARp OF PPE/115 Email 8� Share on Facebook Pinterest Check out this awesome property I found on ( HomeAway! Sharp nn Google+ • Favorite From $400 Per night Detailed Price Enter dates to see total http://www.homeaway.com/vacation-rental/p3870091 3/10/2015 5 Bedroom,2.5 Bath and Sleeps 11. - HomeAway East Marion Page 3 of 20 • ••• M 1. v- ••• N♦ •_ 2 adults I -.0"..11% .,, 4 Instant - Quote x -,r Get %, . • 4, . , , , ,, I Quote Send a Message Contact Me Ilouse is quietly nestled in private estate behind lavender field overlooking hay t of 24 Sleeps 10 oi a : -. sit 1. 11 . t. —A Minimum 2 -6 5 BEDROOM, 2.5 BATH AND SLEEPS 11. Stay nights Sleeps Lg° C 10 Contact the Bedrooms RECEIVED 5 Manager Bathrooms2 f Half Baths i 1 1��� 1 _ 17{1 " , Property type OC APPEALe house —,111 Minimum Stay BOAR 2 - 6 nights ' ` r� F Overview ♦ East Marion House Rental Photos and Description Jim K. Great for Family Getaways set in the middle of Wine Country Advertiser since: 2014 This house has it all. It is situated in Gardiners Bay Estates in a quiet and Speaks: english friendly neighborhood. it has 5 Bedrooms, 2.5 Bathrooms. The house has 2 Response time: big flat screen TV's above the 2 fireplaces located on each side of the house. Within a day It also has a screened in porch to enjoy your morning coffee or happy hour Response rate: with friends and family. For those of you that like to grill we have brand 100% new deck located off the kitchen including a choice of a gas grill or a Calendar last charcoal grill to use. We do have all new Stainless Steel appliances in the updated: March 3,2015 http://www.homeaway.com/vacation-rental/p3870091 3/10/2015 5 Bedroom, 2.5 Bath and Sleeps 11. - Home4A. East 4rion , . _ Page 4 of 2O_ 1' 1 t ' 4 Nt -Nti. «. f • kitchen. This house is literally just steps from a private community beach. A boat ramp is just steps away as well. Suitability: Minimum Age Limit for Renters, children welcome, smoking allowed, wheelchair inaccessible United States(+1) ❑!' My travel :- dates are flexible. { ego Tip: Enter im RECO travelapproxdatesate to help speed up ,JUN U 9 2°15 the booking of APPEALS proceAdults 8 4A ° 2 Jim K. (Property Manager) Children Advertiser since: 2014 0 Call Manager Speaks: english Response time: Within a day Response rate: By clicking'Send 100% Email'you are Calendar last updated: agreeing to our March 3,2015 Terms and Conditions and Privacy Policy Why HomeAway Send Email Call Manager We're the leader in vacation rentals More than one million listings worldwide C9 We help you travel with confidence Every listing is guaranteed against fraud Pay with Low online prices confidence No booking fees with no hidden costs Guaranteed, secure, with no booking fees http://www.homeaway.com/vacation-rental/p3870091 3/10/2015 •"BOARD MEMBERSRS �,�",•• OF S�Ur - Southold Town Hall Leslie Kanes Weisman,Chairperson ,‘' 4► yp 53095 Main Road•PO Box 1179 Southold,NY 11971-0959 Eric Dantes ED 43 ; office Location Gerard P Goehrmger Town Annex/First Floor,Capital One Bank George Horning °��, 54375 Mam Road(at Youngs Avenue) Kenneth Schneider -.'r�( ,�0 Southold,NY 11971 ,,. http//southoldtown northfork net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel (631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 6, 2015 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 heanng will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53096 Main Road, Southold, New York 11971-0959, on THURSDAY, AUGUST 6, 2015 1 15 P M - JAMES KNOBLOCH #6809 — (Re-opened by Board Resolution) Request for Vanance from Article XXIII Section 280-124 and the Building Inspector's August 4, 2014 Notice of Disapproval based on an application for building permit an "as built" deck addition to existing single family dwelling, at, 1) less than the code required single side yard setback of 10 feet, located at 795 Bayview Drive East Manon, NY SCTM#1000-37-1- 19 The Board of Appeals will hear all persona, or their representatives, desinng to be heard at each heanng, and/or desinng to submit written statements before the conclusion of each hearing Each heanng will not start earlier than designated above Files are available for review dunng regular business hours and pnor to the day of the heanng If you have questions, please contact our office at (631) 765-1809, or by email Vicki TothailTown Southold ny us Dated July 6, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) PO Box 1179 Southold, NY 11971-0959 NTICEOFHEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME KNOBLOCH , JAMES #6809 MAP # 37 .- 1 - 19 VARIANCE SETBACK REQUEST "AS BUILT" DECK ADDITION DATE : THURS , AUG . 6 , 2014 1 : 15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 Vsrk J'sd,\\\\ #12351 zi- STATE OF NEW YORK) ) SS COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duty sworn, says that she is Pnncipal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattrtuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a pnnted copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 23rd day of July, 2015 1 7/4A1A-- Pnncipal Clerk LLGAL NOTICE SOUTHOLD TOWN ZONING EOARD OF APFEAI.S THURSDAY AUGUST 6,2015 e me this day ofJ 2015 PUBLIC HEARINGS j NOTICE IS HEREBY GIVEN,parr, 10,40 A M -MIQIAE ,and ERIN / WAALAN #6676 Request for Van snail to Section 267 of the Toga Low antes from Article III Code Section and Town Code Chapter 280 Mama): 280-15 and the Building Inspector's Jane Town of Southold,the"lowing Public 19, 2015 Notice o1 Daapproval based hearmga will be held by the SOUM- on an apphcabwn for bmldmg Permit to OLD TOWN ZONING BOARD OF construct en accessory garage and an in- APPEALS at the Town Hall, 53095 ground swimming pool,at locatkoaaa m Main Road, PO Box 1179, Southold, other than the code required rear Yard, CHRISTINA VOLINSKI New York 1]971-0959,on TRUBSII(Y located at 1145 Jsckaon Street (New NOTARY PUBLIC-STATE OF NEW YORK AUGiJSI'6.20LS. &Lilo& Avenue); New Suffolk, NY 10.00 A M - SOUTHOLD FARM ,SCI'M#1000-117-9-81 No 01 V06105060 and c CELLAR BNC(MEADOR)#6861 1050AM-BRIAN HARRIS#4BT3 Qualified in Suffolk County -(Adlomned from 712115 PH)Requeet -Request for Variance from Article III My Commisaon Expires February 28, 2016 for Variances under Article III Code Code Section 280-15 and the Building Section 280-13A(4) & 14, and Article Iuapectoria April 3,2015 Notice of Dro- XXIII Section 280424 and the Budding approval based on an application for Inspector's Apri19,2015,amended Jame budding permit for accessory garage,at, 1130 A M Request f PHSR ARI- quest 2015 Notice-of Dasnppi rval for a 1)location other than the code required from Article 1 � 16875 ReSection t for 0424 an s banding permit for conversion dmf an ea- 1em- yard,located at 854 Bridle Lane Articlexxasection 280-116B and the The Board of Appeals will hear all Ming building to a tasting room and eon- Cutchogue,NY SCIM11000-1112-4-5 5 g,nNmg Inspector's May 29,2015 No- or their representatives,deermg erection of a new winery building,at 1100 A M - PETER and SUSAN to be heard at each hearing,and/or dear- 1) (winery bmlrtmg)lova than the code IIONIG #6674 -Request for Variance tee n Disapproval basad m an a�ph- Mg to sit written e mred mmmium setback of 100 teal cation for do/Doh/ion of g single Path reqfrom Article XXII Section 280-116B and the mg will of each hearing family dweItmg and consirvction of a from a major road,2)(winery building) the Building Inspector's June 9, 2015, new s ogle family dwelling, at 1) les hearing not start earlier than deag- loc.ated on a parcel teas than the code re- amended June 19,2015 Notice of Daap- than the mimmui code onmd fruut wed above Piles are available for rc- quned minimum of 10 acres,3)(winery/ proved hued on an apphcatron for buildview during regular busmen hours and yard r-rtiarY of 35 feet,21-70;than the tooting room)co�titM:es more than one nag permit for additions and alterations code required bulkhead setback or 75 i prior to the day of the hearing If you offlickice than �)( rry�buiImolding)at to than the�code required bullhead family dwelling. 1) feet located at 455 MacDonald cross_ �(631)gu) 7654809,cc contactlane emailrV Yard setback of 60 feet,5)(tasting room) setback of 75 feet,located at 745 Wa- tm8 ( M�Dor>ald R0°d) (� Ibth@ Tmvn Southold ny sea at les than the code requned minimum tiny Edge Way(ad] to Hog Neck Bay) S Great Pxomc Bay) Laurrl, NY Dated July 7,2015 rear yard Letbac k of 60 feet, located Southold,NY SCPM11000-88-5-62 SCTM#1000 145 AM447 ZONING BOARD OF APPEALS at 860 Old North Road Southold,NY115 PM JAb�S gIIOBLO(� 1115 A M-EMMA VAN ROOYEN #6109-(Bo-o pened by Board ieanob- I PSI.TR KANES WEISMAN, SCIM1100a55 1-7iff21571 -,Regneat for Variances from flea)Request for Variance from Article CHAIRPERSON 10 20 A M -JAY P and KAREN A Article XXIII Suction 280-124 andBY Vicki Toth Request for the Bundling Inspector's June 1, 2015 mgIInspector's gust 4,Bastion 280 124 and the Bni1ii 54375 Main Road(Office Location) Variance from Article III Code Section amended Jane 15,2015 Notice of Drs- ector s Au2014 Notice of 53095 Maui Road(Muhng/USPS) 280-15 and the Building Inspector's June approval based on an application tor Disapproval based on an aoohattiom for PO Box 1179 12,2015(renewed)Notice of Daapprov- building permit to construct additions truiMmg permit an"aa built'deck adds- NY 11971-0959 ai based on an application for bidding and alterations to existing single family tion to ousting single family dwelling, Southold permit for accessory in-ground swim- dwelling at, 1) lens than the min-mumat,1)lean than the code required single 1Z351-1T7/I3 !ad,g pool,at,1)location other than the code required side yard setbackof 15 d aetback of 10 feet located at ming 795 Bayview Drive East Marion NY code required rear yard, ted at 4294 feet,2) leas than the code required to- SCIMt1000 37-1-19 Wunneweta Road (adj to Wunncrcta tal side yard setback of 35 feet Located Pond)Cutchogue,NY SCIM#1000-111- at 575 Hill Road(adj to Jockey Creek) 14-271 Southold,NY SCTA111100-70-4-29 1 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS 53095 Main Road, Town Hall Building, P O Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website http//southtown northfork net July 6, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, August 6, 2015 Hearing Dear Sir or Madam Please find enclosed a copy of the Legal Notice descnbing your recent application The Notice will be published in the next issue of The Suffolk Times 1) Before July 20 the 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 dunng the heanng, providing the returned letter to us as soon as possible, AND not later than July 27th: 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 heanng 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 dunng the heanng and provide the card (when available) These will be kept in the permanent record as proof of all Notices 2) Not Later July 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other matenal, posting rt at the subject property seven (7) days (or more) prior to hearing (It is the applicant/agents responsibility to maintain sign until Public Heanng) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordenng 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 August 4, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly Thank you for your cooperation (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends o64\ gag TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants SCTM Parcel# 1000- 3 7-i—FT COUNTY OF SUFFOLK STATE OF NEW YORK • 1, b `ky residing at New York, being duly sworn, deposes and says that: On the day of fLiY , 20CI 1 personally mailed at the United States Post Office in , New York,by CERTIFIRT) MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners s ,vwn on the current assessment roll verified from the official records on file with the(b Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this day of , 20 (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next - to the owner names and addresses for which notices were mailed. Thank you. 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Dormer Return Receipt K V� TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 37-I- 111 COUNTY OF SUFFOLK) STATE OF NEW YORK) - -— I, 5 Z \l restdtng at Co VLAINj ne_to ,New York, berng duly sworn, depose and say that On the 1 clay of c ccA. , 201 , I personally placed the Town's Official Poster, with the date of hearlmg and nature of my application noted thereon, securely upon my property, located teal(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be (Signature) Swam to before me this Day of , 201 (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby BOARD MEMBERS ��'',,,,,,, Southold Town Hall ,�' SOF SO(/14 53095 Main Road•P O Box 1179 Leslie Kanes Weissman,Chairperson 0°'' •4 ° O4 • O 0 h : Southold,NY 11971-0959 Enc Dantes l Jit 1 Office Location Gerard P Goehnnger :' ar ; Town Annex/First Floor,Capital One Bank George Horning `� • �� , 54375 Main Road(at Yonne Avenue) Kenneth Schneider - ' tour( le Southold,NY 11971 http//southoldtown northfork net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 August 21, 2015 Michael Knobloch James Knobloch 15 Etta Place Lynbrook,NY 11563 RE ZHA Application#6809 Dear Sirs Transmrtted.foryouursecords isaropy ofthe Boards August 20, 20 5Ymdmgs, Deliberations and Determination, the ongmal of which was filed with the Town Clerk regarding the above variance application Before commencing any construction activities, a building permit is necessary Please be sure to submit an application along with a copy of this determination to the Building Department If you have any questions,please call the office Smcerely, kr-L4-'1 Lf(\ Vicki Toth Encl Cc Buildmg Dept / /t)oakcc-/-1,, -J.-Arne-5 6 , •.) „,Fo-- £4-ri/E-4,0 ic) • irir C/61° /? 4r&P29 - ' -Po liotoitt Co 57 Z77 ), Sf)E7fi1 56 st-c owo 111 Apr. w/ex,'\4 - 1/4/31(C We5te erel cL-R. es 3 / -7qs y v e Eos /i/ta P14- 4//3/7 1 .4"?-4 •11„ — BOARD MEMBERS ��i�' ®� ®�� Southold Town Hall Leslie Kanes Weisman,Chairperson ,��/ �� ® 53095 Main Road•P.O.Box 1179 ,�' `�® ® < Southold,NY 11971-0959 Eric Dantes3 Office Location: Gerard P.Goehringer � G t Town Annex/First Floor,Capital One Bank George Horning �® Y® � 54375 Main Road(at Youngs Avenue) Kenneth Schneider \.--virCOUNT1 ;� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECE V'°:D TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 AUG 2 4 2015 FINDINGS,DELIBERATIONS AND DETERMINATION d-outhold Totvn Clerk MEETING OF AUGUST 20,2015 ZBA FILE: 6809, AMENDED AUGUST 6,2015 NAME OF APPLICANT: James Knobloch PROPERTY LOCATION: 795 Bayview Drive, East Marion,NY SCTM#1000-37-1-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 30, 2014 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: Subject parcel is non-conforming located in a R-40 zone and is improved with a 1 ''A story single family dwelling with attached porch and deck. The parcel has 178.95 feet of frontage on Bayview Avenue, 92.76 feet on the east side, 131.00 feet on the eastern property line, 34.00 feet along the northern property line and 191.80 feet on the western side as shown on the site plan provided by Robert Brown Architect, dated June 17, 2014. BASIS OF APPLICATION Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 24, 2014 Notice of Disapproval based on an application for a building permit for an "as built "Deck addition to existing single family dwelling; at 1) less than the code required single side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests a variance for a small unenclosed "as built" deck open to the sky,with a single side yard of 7.6 feet where the code requires 10 feet. The deck is approximately one step above normal grade. ADDITIONAL INFORMATION: The subject dwelling has both an attached porch and the subject deck. At the hearing the adjacent neighbor to the west explained to the Board that her own home is just a few feet from the side yard she shares with the applicant and the new as built deck overlooks her bedroom window and has created a privacy and noise problem for her. Based upon this fact, the applicant agreed Page 2 of 4 August 20,2015 ZBA#6809 AMENDED—Knobloch SCTM#1000-37-1-19 to erect a 6 foot high fence on his property along the shared property line to create a privacy and noise barrier in front of the neighbor's bedroom window and beyond. Two days after the June 15, 2015 deadline for the completion of screening along the westerly property line, as described in conditions numbers 1 and 2 below, the Board conducted a site inspection to determine compliance. The Board observed that the applicant had planted a few evergreen trees which did not meet the required height or length. The hearing was re-opened by Board resolution to address the conditions being met. Upon re-inspection by the Board prior to the scheduled August 6, 2015 re-hearing, the Board observed that additional evergreens of approximately 5 plus feet in height had been planted; thereby meeting the conditions imposed in the original determination. At the re-hearing the applicant showed the Board a document from the Building Department signing off on the subject deck and confirming compliance with the subject conditions.The adjoining neighbor stated at the hearing that she was not satisfied with the height of the trees and the spacing which did not provide instant and complete visual privacy. The Board determined that the original conditions did not require plantings that would create full and immediate visual privacy. Rather the purpose was to plant and continuously maintain evergreens that would grow and eventually create the visual privacy imposed herein. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 4,2014, re-opened by Board resolution re-heard on August 6,2015 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the side yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire subdivision consists of approximately 70 non-conforming improved lots with non-conforming setbacks. The majority of the homes in this area have decks and porches attached to their homes. The subject dwelling is sited in the center of the subdivision on a very irregularly shaped lot. It is this odd shape and the placement of the home on the property which creates the need for the relief requested. The as built deck is not visible to most of the street and is tucked in between the irregular shape of the existing dwelling. 2. Town Law $267-b(3)(b)(2). 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 move the deck to the technical rear of the home or create a conforming patio on grade. However, the as built deck is primarily used for outdoor barbequing and there is no functional exit from the kitchen to the rear yard. Additionally, the applicant could cut the deck back to a conforming setback, but the applicant provided photos showing the location of the cement piers,which would be costly to remove. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 22% relief from the code. However, the applicant is willing to mitigate the privacy concerns of the neighbor with fencing since there is substantial shade along that property line and most vegetation that could provide privacy would not thrive and would be too large for the existing side yard location. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not 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. Page 3 of 4 August 20,2015 ZBA#6809 AMENDED—Knobloch SCTM#1000-37-1-19 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 deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to GRANT,the variance as applied for, and shown on the site plan produced by Robert I. Brown, Architect dated June 17, 2014, information taken from a survey produced by Otto W. Van Tuyl and Son Land Surveyors, dated August 26, 1960 and Amended April 16, 1979. Subject to the following conditions; CONDITIONS: 1. The applicant/owners of the subject property shall construct 6 foot high fencing or plant evergreen screening which shall be a minimum of 5 to 6 feet in height, between their 'as built' open deck and their westerly property line. 2. This screening must be completed by June 15, 2015, and inspected by the Board to determine that the screening installed is of adequate length along the westerly property line to create visual privacy from the adjacent neighbor's bedroom window and the subject open deck. 3. If evergreen screening is chosen, it must be continuously maintained or replaced. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three (3) consecutive one(1) year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Schneider, Horning, Dantes, Goehringer.This Resolution was duly adopted(5-0). (Signed and filed on Original Decision) Leslie Kanes Weisman, Chairperson Page 4 of 4 August 20,2015 ZBA#6809 AMENDED—Knobloch SCTM#1000-37-1-19 Approved for filing / /2015 RESOLUTION OF THE BOARD: motion was offered by Member Dantes, seconded by Member Horning, and duly carried,to AMEND THE DECISION AS DESCRIBED HEREIN Amended Decision - Vote of the Board: Ayes: Members Horning, Dantes, Goehringer (Acting Chairperson) (Absent was: Members Weisman (Chairperson), Schneider) This Resolution was duly adopted(3-0). / r ,.,,,„,„_______„-- __,/, . Gerard P. Goehringer, Acting Chairperson /Approved for filing 8- 1,1/ /2015 Office Location: I•••'*oF S002� Mailing Address: / Town Annex/First Floor,Capital One Bank � l ; 53095 Main Road 54375 Main Road(at Youngs Avenue) , P.O. Box 1179 Southold,NY 11971 53, es.',A Southold, NY 11971-0959 � http://southoldtown.northfork.net BOARD OF APPEALS IrCEWED TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 JAN 1 5 2015 • FINDINGS,DELIBERATIONS AND DETERMINATION / • %_/ C� MEETING OF JANUARY 8,2015 S o u'�i o l d Town C e rfi ZBA FILE: 6809 NAME OF APPLICANT: James Knobloch PROPERTY LOCATION: 795 Bayview Drive,East Marion,NY SCTM#1000-37-1-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 30, 2014 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: Subject parcel is non-conforming located in a R-40 zone and is improved with a 1 ''A story single family dwelling with attached porch and deck. The parcel has 178.95 feet of frontage on Bayview Avenue, 92.76 feet on the east side, 131.00 feet on the eastern property line, 34.00 feet along the northern property line and 191.80 feet on the western side as shown on the site plan provided by Robert Brown Architect, dated June 17, 2014. BASIS OF APPLICATION Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 24, 2014 Notice of Disapproval based on an application for a building permit for an"as built" Deck addition to existing single family dwelling; at 1) less than the code required single side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests a variance for a small unenclosed"as built"deck open to the sky, with a single side yard of 7.6 feet where the code requires 10 feet. The deck is approximately one step above normal grade. ADDITIONAL INFORMATION: The subject dwelling has both an attached porch and the subject deck. At the hearing the adjacent neighbor to the west explained to the Board that her own home is just a few feet from the side yard she shares with the applicant and the new as built deck overlooks her bedroom window and has created a privacy and noise problem for her. Based upon this fact, the applicant agreed to erect a 6 foot high fence on his property along the shared property line to create a privacy and noise barrier in front of the neighbor's bedroom window and beyond. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3—January 8,2015 ZBA#6809—Knobloch SCTM#1000-37-1-19 The Zoning Board of Appeals held a public hearing on this application on December 4,2014 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the side yard variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire subdivision consists of approximately 70 non-conforming improved lots with non-conforming setbacks. The majority of the homes in this area have decks and porches attached to their homes. The subject dwelling is sited in the center of the subdivision on a very irregularly shaped lot. It is this odd shape and the placement of the home on the property which creates the need for the relief requested. The as built deck is not visible to most of the street and is tucked in between the irregular shape of the existing dwelling. 2. Town Law §267-b(3)(b)(2). 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 move the deck to the technical rear of the home or create a conforming patio on grade. . However,the as built deck is primarily used for outdoor barbequing and there is no functional exit from the kitchen to the rear yard. Additionally, the applicant could cut the deck back to a conforming setback, but the applicant provided photos showing the location of the cement piers, which would be costly to remove. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 22%relief from the code. However, the applicant is willing to mitigate the privacy concerns of the neighbor with fencing since there is substantial shade along that property line and most vegetation that could provide privacy would not thrive and would be too large for the existing side yard location. . 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not 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 deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variance as applied for, and shown on the site plan produced by Robert I. Brown, Architect dated June 17,2014, information taken from a survey produced by Otto W. Van Tuyl and Son Land Surveyors, dated August 26, 1960 and Amended April 16, 1979. Subject to the following conditions; CONDITIONS: 1. The applicant/owners of the subject property shall construct 6 foot high fencing or plant evergreen screening which shall be a minimum of 5 to 6 feet in height, between their as built open deck and their westerly property line. 2. This screening must be completed by June 15, 2015, and inspected by the Board to determine that the screening installed is of adequate length along the westerly property line to create visual privacy from the adjacent neighbor's bedroom window and the subject open deck. Page 3 of 3-January 8,2015 ZBA#6809-Knobloch SCTM#1000-37-1-19 3. If evergreen screening is chosen, it must be continuously maintained or replaced. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving non conformities 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Horning, Dantes, Goehringer.This Resolution was duly adopted(5-0). ja . / / IZ66 Leslie Kanes Weisman, hai person Approved for filing / // /2015 • S63 s`+30F LOT 88 77 l ` 7 FINAL • MAP 0 m ! _ I, REVIEWED BY ZB zm �,O SEE DECISION # & '0 LOTill 92 • R° D %c DATED / 1 �' : 101 cn \ 1N --_-_, • \ I I/2 . N AS BUIL 'i STORY 1 0 ♦ `� 7 FRAME 1 rn DECK HOUSE G' PePDX\MPS \. \ \ �a� ' 'GQ���� \ i PVC POST 1_,AN.RAI L. 2 LOT 9 I \ 1 ♦ ` \. LEDGER WITH CARRAGE� \ I N BOLTS (2"x8") TECO'D • \ I1 I \\ \ / / • / / BASED ON: \ / MAP OF LAND SURVEYED FOR \ ./ / Cf1ARLES L. JEAN E. WESTENBERG \ ,:,....,---------,-,K,..,,, . /ax, �, AT EAST MARION \ � _ '� �� r/�' o�'��� TOWN OF SOUTIIOLD, N.Y. $ '\ ; ` �` � �oc9 2R@8" BY: OTTO W. VAN TUYL SON 47_ �� eye LAND SURVEYORS K STI\U CT U I\� RECEIVED ON AUG. 26, 1960 , AMENDED APRIL 16, 1979 ` „4 OCT 8 2014 SCALE: I/2"=I'-0" ASBUILT ZONING BOARD OF APPEALS KNOBLOCh SITE PLAN � �` '. F > €� 'FStO?�i, QED AJC �� e�, 0G/1 7/2014 0 ::::::::;.',1' � Is':i r , !� ICER THE .4., °� ¢�L ggQF� SCALE : I" = 30' 0" � �' � ..1‘A.;_i: '� ',Irk�` . t ROBERT I . BROWN ARCHITECT, P.C. I t t 7 a a 4 DD �� �� _ . i �� �`,= /V\%/ FAIRWEAThER DESIGN ASSOCIATES, INC. r� , 205 BAY AVENUE A�tC� GREENFORT, N.Y. 11944 unt , 7 2014 63 1477-9752 (Fax) 63 I -477-0973 11/10/2014 10:14 631-853-41k4 S C PLANING DEPT PAGE 02 \re. A COUNTY OF SUFFOLK \,er �� 0`. ,.,;., • RECEIVED NOV I 0 20;4 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXEC7,1TWI -\\ Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and CommissiOner and Environment • October 30,2014 Town of Southold Zoning Board of Appeals 53095 Main Road • P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. A 1 s licant Munici/al bile Number JSP Partnership 6806 Hiss,Janice M. 6807 Cooke, James 6808 Knobloch, James 6809 Very truly yours, Sarah Lansdale Director of Planning • • Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY.4th Fl ■P.O.BOX 6100 or HAUPPAUGE,NY 11758-0009■(631)853-5191 oct FORM NO. 3 RECENEO�( TOWN OF SOUTHOLD OCT 8 2014 BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 4, 2014 TO: James Knobloch 795 Bayview Drive East Marion, NY 11939 Please take notice that your application dated June 20, 2014 For permit for an "as built" deck addition to an existing single family dwelling at Location of property: 795 Bayview Drive, East Marion, NY County Tax Map No. 1000 - Section 37 Block 1 Lot 19 Is returned herewith and disapproved on the following grounds: The "as built" construction on this non-conforming 16,466 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 10 feet. Following the proposed construction, the dwelling has a single side yard setback of+/- 7.6 feet. 41W Authorized Signature Cc: File, ZBA • RECEIVED Fee:$ Filed By: Assignment No. OCT 8 2014 ZONING BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. -215 Street Ofd{1/;Qom) S- Hamlet -451- M61-1';o V1 SCTM 1000 Section 37 Block ( Lot(s) 1 l Lot Size Zone ( iv I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED 6 - 17 141 Applicant(s)/Owner(s): (V\;,(1,61..(2.-\. 'VZrAok(fir\ / Mailing Address: })o 1Ct�G I Lyn (;1jk, In ` �5 '3 Telephone: 111-7-421_560.1 Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( )Owner( )Other: Address: Telephone: Fax: Email: Plegse check to specify who you wish correspondence to be mailed to,from the above names: (V Applicant/Owner(s), ( )Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED (o- i -14 and DENIED AN APPLICATION DATED FOR: (0,Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code Article: II Section: '(9 -I. Subsection: Type of Appeal. An Appeal is made for: ( A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Othe A prior appeal (, has, ( ias n2/ been made at any time with respect to this property, UNDER Appeal No(s). b 5 Year(s). Ort'\ )1)1 19-14 . (Please be sure to research before completing this question or call our office for ass stance) • • /4fr Name of Owner: ZBA File# RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with prepa er's signature notarized): u C T 8 2014 1.An undesirable change will not be produced in the CHARACTER of the neighbor or antltritiSIIRIXAR15161Y APPEALS properties if granted,because: 1--\\155 (,0 AL ‘,1 . 0.0 1-t- 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: �- C_CLQ S t>` n b61sA IN tet i Likdik 52 y ' L-Le t-L E-L43 Om, 1 vac) �L ��n 14_ 4d -.- 3.The amount of relief requested is not substantial because: cy L 2 11—` Com\Ve_Gt / eg. d v- 1„& as t f)V-4-te 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: cLLA. b0C`1A- (-0; Ztr -L`Aj 5.Has the alleged difficulty been self created? {. Yes,or { } No Why: a`; . f\p Ce6l' ZG L543 V1lec-V-a Are there any Covenants or Restrictions concerning this land? %o { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the co nity. LORI M.HULSE No.0Notary 2M081c0,State 9802 of New York I I I ornQualified In Suffolk County Com�rSigna e of Applica or Author•ed Agent f; i.L;o,�Expires March 23,20_1] (Agent must submit written Authorization from Owner) Swo to efo e me this I_day of J ,20 1,9 . Notary Public • APPLICANT'S PROJECT DESCRIION 4( 6407 APPLICANT: `,(:&t1 VyrN 9 L'Pk DATE PREPARED: le ( ' 1 q 1.For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED OCT 8RD 2014 II.New Construction Areas(New Dwelling or New Additions/Extensions): ZONING BOAOF APPEALS Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 9- best.y ' (Le fid Number of Floors and Changes WITH Alterations: Sa)m...! - (,,�.s I Ie t 4t' tt ie IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 1.3-K 1 A,c5 Percentage of coverage of your lot by building area: V.Purpose of New Construction: A-0 \- .e-c 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): W00 ALL. V.4- \o 4- fi A 4-1Ne__ 1-44t 1 Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 • • ,4,2poici9 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes ✓No OCT 8 2014 B. Arte they any proposals to change or alter land contours? ZONING BOARD o Yes please explain on attached sheet. ORAPPEALS C. 1.)Are there areas that contain sand or wetland grasses? 1\V 2.)Are those areas shown on the survey submitted with this application? &k, 1. ' 3.)Is the property bulk headed between the wetlands area and the upland bui i ing area? iti IA- 4.)If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? (&p- Please confirm 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 near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? ik 0 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? AO If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. ,PT ase 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? f.V If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel � ; c:i and the proposed use QS X.A4Akt4J -Sa-w4.-- . (ex:existing single family,proposed:same with garage,pool or other) 0 r it I, [ n - HI Lt Authorized signature and Date • J4?d RECEIVED AGRICULTURAL DATA STATEMENT T 8 2014 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: /NV CA. JJ. 4\12 1i\ 2. Address of Applicant: 15 C--4-(_ A-D1cce__ , Lyi1 nbri i* . V`y I I S'63 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: I ' 1C I € 1 C c,Ar�1h.� £ 19 fr-4.S o c 1..ou5C '"cS S -t.t b v-N FC r��-�clti ) prrx41„v r1.rett 6. Location of Property: (road and Tax map number) `91',5 '('J/x1 USA ��i`��' \.AM- f'v\ ")7 7. Is the parcel within 500 feet of a farm operation? { } Yes {\}e1Vo 8. Is this parcel actively farmed? { } Yes {t}--I o 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) / i / 1y Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. • • • 617.20 ?eq Appendix B it' Short Environmental Assessment Form Instructions for Completing RECEIVED Part l -Project Information. The applicant or project sponsor is responsible for the completion aair81. litMnses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigatiozoyetAt wode t OF fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part l -Project and Sponsor Information Name of Action or Project: L i Y t1t-) , ch Project Locafion(describe,and attach a location map): —115 ev��"' c- t :'�� Ineo --3?-I - II Brief Description of Proposed ction: x I --V\ CLS �r C=am,i- /biro t91,‘ Name of Applicant or Sponsor: Telephone: , f`-/ ^ meq b\[.� E-Mail: `T Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? .-3-7T acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3111 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial c46sidential(suburban) ❑Forest 0 Agriculture o Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, RECEIVED NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? OCT 8 2014 . 6. Is the proposed action consistent with the predominant chaToiefigthebe ' irrb� �gr��gtural NOVYES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ❑ Wetland 0 Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? Ipc<0 0 YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO 0 YES Page 2 of 4 • • Aid 07 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? RECEIVED If Yes,describe: OCT 8 2014 20.Has the site of the proposed action or an adjoining property ZbeONINthe �l c 8f6 e t j%(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spons nal : 1,g . ' - .. • A Date: 10 ( " Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 • • No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 • • • 00c1 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : 1 Y �NOINC( \ \\NA `©L\ (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit �T 8 2014 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring ZONING BOARD OF APPEALS Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thisiikl, 0 Signature Print Name \V\\ L1,66 ` \ii\o\ • • Town of Southold 07 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 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 standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. RECEIVED B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# "3-7 _ - t q OCT 8 2014 ZONING BOARD OF APPEALS The Application has been submitted to (check appropriate response): rd Town Board Planning Dept. [ 17 Building Dept. ri Board of Trustees 'J I 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) J (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: • • Location of action: �/5 e)d2..pU;(yo AJC. +- (lvtAA Dn Site acreage: #371 • Present land use: 'e5i 14D Present zoning classification: 9\-4-0 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: Ym Le ,. r L A e, (b) Mailing address: RECEIVED (c) Telephone number:Area Code( ) 1-11 —��- —50.1 OCT 8 2014 ZONING BOARD OF APPEALS (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, • preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. 'Yes No (Not Applicable- please explain) MIZAb 5 A-etuNA14-6. C-kY.-t-41-A-tit ne_ i. il` Id__ 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 El Yes rd No IY (Not Applicable-please explain) • • Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 71 Yes d No r (Not Applicable—please explain) ,(4)0 RECEIVE[ OCT 8 2014 ZONINAttach additional sheets if necessary BOARD OF APPEALS NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages : through 16 for evaluation criteria Yes r- No IP (Not Applicable—please explain) 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 throug 1 for evaluation criteria r Yes r No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation riteria. n Yes n No (Not Applicable—please explain) • • meol Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. rd Yes ' I No (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ' 1 Yes No (Not Applicable—please explain) RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS 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. rd Ye n L NoV Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES • • Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L RP Section III—Policies; Pages 47 through 56 for evaluation criteria. r Yes No (Not Applicable—please explain) • 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 No10 Not Applicable—please explain 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 evaluatjoni � criteria. &yoG Yes No�1 Not Applicable—please explain RECEIVED OCT 8 2014 ZONINca 13UARD OF APPEALS Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; ages 65 through 68 for evaluation criteria. rd Yes No Not Applicable—please explain • • TOWN OF SOUTHOLD, NEW YORK DATE Oca. 34, 1973 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1846 Dated September 28, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To William Serrell Appellant Dogwood Lane Gardiners Bay Estates East Marion, Neer York at a meeting of the Zoning Board of Appeals on October 11, 1973 the appeal was considered and the action indicated below was taken on your RECEIVED ( ) Request for variance due to lack of access to property OCT) Request for a special exception under the Zoning Ordinance I 2014 ( )O Request for a variance to the Zoning Ordinance ZONING BOARD OF APPEALS ( ) L. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:30 P.M. (E.S.T.), upon application of William Serrell, Dogwood Lane, Gardiners Bay Estates, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots #' 95 and 96, Gardiners Bay Estates, Dogwood Lane, East Marion, New York. Fee paid $15.00. • 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE A' • z OVE► zo G BOARD OF TORI[Zas i 4 i ,3 � 7 .71;x&Por-e4>Y( ,�7_4�A1 • _ jor"a McDermott, Secretary Chair .n Boars of Appea' • • After investigation and inspection the Board finds that applicant requests permission to build an addition with reduced side yard on Lots # 95 and # 96, Gardiners Bay Estates, East Marion. The findings of the Board are that the addition will be added to the north side of William Serrell's house and will be 28 feet in width and 26 feet in depth. The Board agrees 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 thespirit of the Ordinance. THEREFORE IT WAS RESOLVED, WilliaS Serrell, Dogwood Lane, Gar¢iners Bay Estates, East Marion, New York, be GRANTED permission to build an addition with reduced side yard, as applied for, subject tothe following conditions: That the addition shall be no closer than 7 feet to the northerly side yard. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS • 1111 TOWN OF SOUTHOLD, NEW YORK DATE May 4. ...19 7 8 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2405 Dated April 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD // /� �/ /��� To Mr. and Mrs. Charles Westenberg Appellant 795 Bayview Drive East Marion, New York 11939 RECEIVED at a meeting of the Zoning Board of Appeals on April 13, 1978 the appeal �+ was considered and the action indicated below was taken on your OCT 8 2014 ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ZONING BOARD OF AC ,qLS ) Request for a variance to the Zoning Ordinance ( ) I. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenberg, 795 Bayview Drive, EAst Marion, New York, for a variance in accordance with the Zoning Ordinance Article III Section 100-31 and Bulk Schedule for permission to construct addition with insufficient front yard setback. Location of property: Bayview Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Insliector ( ) be confirmed ( ) be reversed. tt�r SEE REVERSE IP FORM ZB4 A ZONING BOARD OF APPEALS h ` Thal man .0 After investigation and inspection, the Board finds that the applicants request permission to construct an addition with insufficient front yard setback, Bayview 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 districts; and the variance would not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Mr. and Mrs. Charles Westenberg, 795 Bayview Drive, East Marion, New York, be GRANTED permission to construct addition with insufficient front yard setback, Bayview Drive, East Marion, New York, as applied for, subject to the following condition: The applicant shall not reduce the front yard setback to a figure less than 27 feet. , �� (J� 9 Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS pto:ina+ , e::��� �Iru.tc* _ 1 7r' ':j hi �`:_. i,i_ 72.; c: ..‘_ - ., - _ •• _ TOWN OF SOIITHOLD, NEW TORI DATE 101.1/$1 ACTION OF THE ZONU(G BOARD OF APPEALS I n � A'`'ea1 No. 2849 'by application Dated June 30, 1981 REV/ pp CENEC3 ACTION OF THE ZONING.BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Warren A. Sambach Appellant OCT 8 2014 173 Hillside Avenue Williston Park, NY 11596 • ZONING BOARD(3F APPEALS • at a meeting of the Zoning Board of Appeals on August 6, 1981 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request fora variance to the Zoning Ordinance Art. III, Sec. 100-31 and 100-36 ( ) • 1. SIigISMEXIM2Mani Ys7 fgia of eXPFAIMMaraXelt.relkigtacIRAi x Eiibion ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the.decision of the Building Inspector ( ) be reversed ( ) be confirmed because public Hearing held 8/6/81: Application of Warren A. Sambach, 173 Hillside Avenue, Williston Park, NY 11596 for a Variance to the Zoning Ordinaice, Art:. III, Sec. 100-31 and Sec. 100-36 for permission to construct addition with insufficient side yard area and rear yard setback at Dogwood Lane, East Marion, NY; ' also known as Gardiner's Bay Estates Subdivision Filed Map No. 275, Lots 95 and 96; County Tax Map Item No. 1000-37-1-9. (SEE REVERSE SIDE) • 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance(would) (would not) produce practical difficulties or unnecessary hardship because . (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and In the same use district because - (SEE REVERSE SIDE) (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because • (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. CG:lk ZONING BOARD OF APPEALS • FORM ZB4 I Appellant by this appeal seeks permission to construct an addition to existing one-family dwelling leaving a total of both sideyards approximately 22 feet (rather than the required 26.3 feet) and leaving a rearyard setback of approximately 38 feet (rather than the required 50 feet) . The premises in ques- tion are improved with a one-family one-and one-half-story frame dwelling with attached one-car garage, and contains an area of approximately 20,080 square feet with 118-foot road frontage. The subject premises are known as Gardiner's Bay Estates, Section II, Subdivision Lots 95 and 96, and filed in the Suffolk County Clerk's Office as Map No. 275. In considering this appeal, the Board determines that the variance request in relation to the code requirements is not substantial; that the circumstances herein are unique and prac- tical difficulty has been shown; that the relief if granted will not change the character of the neighborhood and will be in har- mony with and promote the general purposes of the zoning code; that if the relief is granted no adverse effects will be produced on available governmental facilities of any increased population; that the difficulty cannot be obviated by some method feasible to appellant other than a variance; that in view of the manner in which the difficulty arose, the interests. of justice will be served by allowing the variance, On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVEDr that a variance to the zoning ordinance as applied for in Appeal No. 2849, application of Warren A. Sambach be granted. Location of Property: East side of Dogwood Lane, East Marion, NY; County Tax Map Parcel Item No. 1000-37-1-9. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. * * * LOT°1 RECEIVED APPROVED OCT 8 2014 / r f7 ZONING BOARD OF APPEALS Chairman Board o ppeais f • 1 RECEI D AND FINE yBy TI'S SOL'riTOWN � CI,EI11r DATE /D�')/d/ HOUR a_DOS(, i Town Clerk, Town of Sour/.Id • • r"tar3D7 FORM NO.4 TOWN OF SOUTHOLD weft BUILDING DEPARTMENT Town Clerk's Office OCT 8 Southold, N.Y. 2014 ZO zna:, FSca4RL O a ;^LS Certificate Of Occupancy No. Z9923 Date April 16 , 19 80 THIS CERTIFIES that the building • Location of Property 795 BIyview Drive East Marion, N.X. House No. Street Hamlet County Tax Map No. 1000 Section 037 Block 01 Lot 019 Subdivision 0ardiners Bay Estates Filed Map No. Lot No. 89 & 90 conforms substantially to the Application for Building Permit heretofore filed in this office dated October 5 , 19 78 pursuant to which Building Permit No. 99?9Z dated October 13 197P. ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is Addition onto a One Family Dwelling* The certificate is issued to Charles Westenberg (owner, tri+ of the aforesaid building. Suffolk County Department of Health Approval N/ft UNDERWRITERS CERTIFICATE NO N 436612 *Approved by the Board o± Appeals - Na. 2405 hir/144/24446C/g,(4,___ Building Inspector Rev 4/79 411 FORM NO. 4 TOWN OF SOUTHOLD �i �'�Q BUILDING DEPARTMENT r��TY vv I Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. OCT 8 2014 PRE EXISTING ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-23227 Date SEPTEMBER 16, 1994 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 795 BAYVIEW DR. EAST MARION, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 37 Block 1 Lot 19 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 CERTIFICATE OF OCCUPANCY NUMBER Z-23227 dated SEPTEMBER 16, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING * The certificate is issued to ESTATE OF CHARLES L. WESTENBERG (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL, N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. 7:61 / uilding Inspector Rev. 1/81 - - •ING DEPARTMENT • TOWN OF SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION: 795 BAYVIEW DR. EAST MARION, N.Y. (number & street) (municipality) SUBDIVISION MAP NO. LOT(s) yJ// f. d:1 NAME OF OWNER (s) CHARLES L. WESTENBERG, DECEASED /(l OCCUPANCY A-1 RES. OWNER ((// (type) [owner-tenant) REcEn/E® ADMITTED BY: SELF ACCOMPANIED BY:SELF KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-37-1-19 SOURCE OF REQUEST: JOYCE M. PRAMBERGER, EXECUTRIX DATE: MARCH 7, 1994 O� v R ���`FA DWELLING: ZONING BARD APPEALS TYPE OF CONSTRUCTION WOOD FRAME # STORIES 1-1/2 # EXITS TWO FOUNDATION CEMENT BLOCK CELLAR FULL CRAWL SPACE TOTAL ROOMS: 1ST FLR. 6 2ND FLR. 3 3RD FLR. BATHROOM (s) TW° TOILET ROOM (s) ONE UTILITY ROOM ' PORCH TYPE _ - DECK, TYPE PATIO RAISED & COVERED BREEZEWAY FIREPLACE TW GARAGE 2 CAR UNDER HOUSE DOMESTIC HOTWATER YES TYPE HEATER ELECTRIC AIRCONDITIONING TYPE HEAT OIL WARM AIRXX HOTWATER OTHER: ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. STORAGE, TYPE CONST. SWIMMING POOL , GUEST, TYPE CONST. OTHER: SHOWER IN BASEMENT VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. • REMARKS: BP #9979-Z-CO" Z-9923 - ADDITION INSPECTED BY - DATE OF INSPECTION MARCH 30, 1994 adi iYYSSS TIME START 10:00 END 10:30 •. . s„... \N\ , . , \ , . 6.43 930€.. 13 A N. \ ,; li• . • . VII 0.. • • r• .2. a - CV AZC I 1.L 1 0 . , --_, . ,-- 4,---....., ii----------.__t ., • _ . . ,:. „,- -. - 5 ccile , 40'. 1" .. 0 co 0 - ...._4 ) •3, ':,.. •4' 0 pric)ris..•rw-ie 1, 1----1 5 . -.8 - Z.••:?.. \ •• 0 , C.-.) f•-•0 t' - -.•'.i''''4'' a , 4, %‘E ,4,1 ,,,, r•-. . ` la ',, • . trarl pipce .... Z 19 . ) ' ... . 1 1 \ I , It 410 • ' 0 3 . • , . 2 s , \ ,1::: • 0 g '...''• , ----- _. -VL /6, (•'• . ,._ .4,41* • . ••300 ALTERATION OR ADINT400, . 6 .0,., 0 _r: hill=VEY IS A VIOLATIO . V N OF I. ION 72e1 OF ml Kw y:oft STATE TION LAW. .• /4/ ms Of Ti".f.111V:f l'....1411 rEARIlfG 7 41 .• Roiti °SEED S:AL EI•• :I—I•„,.....,TIMED —. __...• .J 4 . -4 . 1 4. . No4e : Lot a1a.4a-otaers sl•lawri refer +a •re:......-: • : .-../Pant I • "Map of Seafiora -rWco— Gordivi ey 5 •..20-uw,,,...,.........7..,:-....:.,os suiseisii 13a4 es-1-43+e$", 4;lecl is-' tie Suffolk County Cleric's crcc 411 Map 1,-14z2.1'8. MAP OF LAND SURVEYED FOR CI.-ARLES L. 4, JEAN E. WESTENBERG Am&rteleci Apr. i 1 16,1979 • AT Ga4cayariieed -ta 14,e Howse Ti+I tE' C,i-itrearsttif , Cotripczarty as sa,prve44aci EAST AucwsA ac2, 19G0.• MARA ON 01 to W. 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CD (..--) (.9 5 • • 1 V ' 5 • ei` • C * ' NI --I. S •4 • 4),‘ , , e •,,44.: fI - z.to, $ '• i ' f 1 is s.0); ,";•t * ' ' ,,'• n,ns-.. I/ / ..,1.-.1 ,i"1" • e • e . ''s.1.'• ‘1 i ( 4S‘s '‘1' I • • ,,,,,,,., • APPEALS BOARD MEMBERS , SCOTT L. HARRIS Gerard P. Goehringer, Chairman /1� Supervisor Charles Grigonis, Jr. _ 11� ++'+ ��� �'' Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516)765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 RECEIVED 601 OCT 8 2014 ZONING BOARD OF APPEALS ACTION OF THE BOARD OF APPEALS 7pnl. No. 3912 Matter of EDWARD AND CORRINE BIRDIE. Variance to the Zoning Ordinance, Article III A, Section 100-30.A.3 , for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. Property Location: 380 Parsons Boulevard, East Marion, County Tax Map No. 1000, Section 037, Block 01, Lot 17.1. WHEREAS, a public hearing was held and concluded on March 15, 1990 in the matter of the Application of EDWARD AND CORRINE BIRDIE under Appeal No. 3912; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; 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. The premises in question is located along the west side of Parsons Boulevard, Hamlet of East Marion, and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 01, Lot 17 .1. 2. This is an application for Variances from the Zoning Code Article III A, Section 100-30A.3, for permission to construct additions to one family dwelling, proposed construction will have insufficient side yard setbacks. III • . (2(Al RECEIVED Page 2 - Appl. No. 3912 OCT $ 2014 Matter of EDWARD & CORRINE BIRDIE Decision rendered March 29, 1990 ZONING BOARD OF APPEALS 3 . Article III, Section 100-30A.3, No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless that same conforms to the requirements of the bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. The subject premises for the proposed extension is 12+- ft. from the south property line and 14+- ft. from the north property line in this R-40 Zone District. 5. In considering this application, the board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the proposed additions to the one family dwelling in any other location on the premises will require other variance relief; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Variance in the matter of the Application of EDWARD & CORRINE BIRDIE as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there shall be no further encroachments into the sideyards. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki and Dinizio, (Absent Serge Doyen) . This resolution was du -d. * df RECEIVED AND FILED BY e,"1"4"TIE SGU'i' i.D T C Vjj CLEfK GERARD P. GOEHRIGNER, CMAN `f ,`DATE ` y' GUR 1 i `I t- _ C1_-.,i: Te n CI out;.old } 4IP APPEALS BOARD MEMBERS *of SO(/TifiO Southold Town Hall Ruth D.Oliva.Chairwoman ,'' tp 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer * 41i Southold,NY 11971-0959 Vincent Orlando Office ..ocation: James Dinizio,Jr. '1' Town Annex/First Floor.North Fork Bank Michael A. Simon : �f'our '• 54375 Main Road(at Youngs Avenue) Ao• Southold.NY 11971 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS 4 2:CD t M TOWN OF SOUTHOLD MAY 1 0 2005 Tel.(631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO$OU old o rk MEETING OF APRIL 14, 2005 ZB Ref. 5682-JOHN and JOY GALLAGHER Property Location: 730 Bayview Drive, East Marion; CTM 37-5-5. 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 Il 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 8,592 sq. ft. parcel has 52.63 feet along the south side of Bayview Drive, and is improved with a two-story, single-family 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, citing Sections 100-242A and 100-244 in its denial of a building permit application for new additions. The reason stated in the disapproval is that the new construction will increase the degree of nonconformance 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 application on March 31, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, pers nal inspection of the property, and other evidence, the Zoning Board finds the following facts to beIttrue and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct a second-floor dormer and deck over the existing porch roof at the southwest corner of the dwelling. The setback frorri the westerly side (right-of-way/walking 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 following findings: 1. Grant of the variance will not produce an undesirable change in the character 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. RECEIVED ( (i oA OCT 8 2014 ' ZONING BOARD OF APPEALS r 11011 Page 2—April 14,2005 ZB Ref. 5682—John and Joy Gallagher CTM ID: 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 relief 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-A 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 protecting the character of the neighborhood 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 findings: 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 5110105 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, Dinizio, and Simon. This Resolution was duly adopted (5-0). j2..„-."9„ >& cSR),w, Ruth D. Oliva, Chairwoman 5/6/05 Approved for Filing (1)q(° RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS APPEALS BOARD MEMBERS •1,4 tt , CO Southold Town Hall 53095 Main Road Lydia A.Tortora,Chairwoman 1 P.O.Box 1179 Gerard P.Goehringer t z 4 rrr George Horning rttt Southold,New York 11971-0959 p!•t ZBA Fax(631)765-9064 Ruth D.Oliva ----VI. $a �� Vincent Orlando _ �,d' Telephone(631)765-1809 http://southoldtown.narthfork.net BOARD OF APPEALS RECEIVED v-)6 TOWN OF SOUTHOLD /p rad FINDINGS,DELIBERATIONS AND DETERMINATION MAY 2 2003 MEETING OF APRIL 17,2003 Appl.No.5312-Nancy Chin/Schlaefer ufhoId Town CIer Property Location: 180 Knoll Circle, East Marion;Parcel 1000-37-5-17. 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 14,241 sq.ft.parcel has a frontage of 50 feet (radius) along the east side of Knoll Circle in East Marion. The property is improved with a new foundation for a dwelling, under construction and referred to under the September 19,2002 Building Permit No.28754-z. The property is situated along a bulkhead 131.18 in length along Spring Pond. BASIS OF APPLICATION: Building Department's January 9, 2003 Notice of Disapproval, amended January 28, 2003, citing Sections 100-244 and 100- 239.4B,in its denial of a building permit for new construction within 10 feet on a single side yard,and within 75 feet of the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 17,2003, 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: Applicant wishes to construct a new foundation, as an alternative, to renovations and additions to the former dwelling structure, a portion of which is 9.4 ft. from the side property line and a portion 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 Associates, Inc. last dated July 20,2002(Plans S1,A1-A8, El). The north and waterside locations of the new foundation are identical to the location of the original house,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 VI and personal inspections,the Board makes the following findings: RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS Page 2—April 17,2003 Appl.No.5312—N.ChinSchlaefer 37-5-17 at East Marion 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. 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 family dwelling on the original building footprint. This re-building project will not change the character of the adjacent neighborhood, which has a significant density of developed 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 pursue, other than an area variance, because the applicant is re-building on a parcel with pre-existing, non- conforming,setbacks from one side yard and a bulkhead. 3. The relief requested is not substantial because the pre-existing, nonconforming setbacks will not change. 4. The difficulty has not been self-created,since this property was already improved with a single family dwelling that had the same setbacks,pre-existing zoning code, which will remain after new construction, 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or environmental conditions in the neighborhood. The applicant will comply with the terms and conditions set forth by the Southold Town Board of Trustees in its Wetlands Permit and with regard to the adjacent wetlands, has a Letter of Non-Jurisdiction from the NYS Department of Environmental Conservation, and the new construction will retain the pre-existing,non-conforming setbacks from the side yard and bulkhead on Spring Pond. 6. The relief offered 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 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 RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS • Page 3—April 17,2003 Appl.No.5312—N.ChinSchlaefer 37-5-17 at East Marion Homing,seconded by Chairwoman Tortora,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 SI, Al-A8,El). 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 Tortora (Chairwoman), Horning, and Orlando. (Member Goehringer was absent during this vote;Member Oliva was out-of-state.) This Resolution was duly adopted(3-0). Lydia .Tortora,Chairwoman—Approved for Filing / /03 (), To 7 RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS I .1 L " • Michael Knobloch, 795 Bayview Drive, East Marion, NY 11939 0 ,ii*, 4 ^ ' ter- f,. . ` ky 41( '.x xa ' F', � pit' ; i t T4'I': t ' i 't ' '.� . �: r W . fr mow„ r. J 4)r&?0Y RECEIVED OCT 8 2014 ZONING BOARD OF APPEALS 1_ ,, „.„_. -) Ati , 7 — /� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET `.7d VILLAGE DIST. SUB. LOT 1 to kl I C'h6 p Oft-31W- ' 73,4)(V/Zi/1/ ) X' Sei)2,1 -..1,--, _ 3 ,,,,,LI:44te i 4..4..,.44/ OR ER OWNERN E ACR. f' b � ,17 Ni,.), 4 '} 1 . .- r ?C irvo&AD6,1 es.4.''S W TYPE OF BUILDING 1/ i ,/,i4.--__ RES. /0 I SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS t c 'l /bi/ i/? ' 2.0, i X17 Z Zd 196th. e, C. CI -L- 1771 ,l cr 6� �� 1 £�18 �-�nJs ' / ,0 0 6 / 70 'v -vi-- , c cr / 1 res 7f -Q (, -- Ltlin e .1abtoe .se ( /67,0 )1 I ,, ,,€),,) T 21,c) 211olio -'J_ /z&IY� 3 Knahlb no, tool . ,i , 2 i l/1O � z . 4+ J„�" / d , I _4 1 .n/' 1 ,4 I I L+ 1'1°4 1. r6" d 0 4II 9 2,.3 a �,510 d o r .. 0 4AGE BUILDING CONDITION , ti Q NEW j NORMAL BELOW ABOVE 4 aCr! v oe FARM 1 Acre Value Per Value p Acre c ai IC Tillable FRONTAGE ON WATER moo= • Woodland j FRONTAGE ON ROAD / 7 fir' { 9 Meadowland j DEPTH / 6 / Hou e'Pt' . I BULKHEAD Total - • DOCK • r CO1COLOR i Aiddit A4LaillPi TRIM II milli - IIIIIIIaIIIIINIIIIIINMIMII___I -. - iii iii iiiiniffai "'il".* A, ( 111.1111111 11111111111111111 MI 111 p Y 7,4' 4"` , - e 'yyYx a li MEMIIII 111111111 ' • 11•11•111111 111 1111111111172,12 /P 111111111111=1111011 MIN I . , � - III I w iiiiMMIMMINEMEMilliii NlIiNiiii. M. Bldg./ ,s'ty f T ?'/ , 1 62 4 4L, I`. r� �11 _NM ' 11111111111111 Extension /7 ,t',2 !7 , *.S f 0,v- f 6 t1 1 is Ili 1 I��■���11 111111111111111•1111 Ext s 4°if AY7- ,7 (. rC ilZ / 3.- 63 f �M� Extension Foundation CD, Bath / Dinette Basement Floors Porch rJ K. " ' ° Walls . Interiof Finish '�' i Porch �� � .z, _141 A "Q 4 e �,_ , Breezeway Fire Place ellIC Heat Get j DR. i Garage Type Roof �' +4 << ' Rooms 1st Floor BR. t fi I Patio j Recreation Room Rooms 2nd Floor , FAN. B i Doi r _ + I O. B. ; podmer 7,. . ..v1 i, ` . Driveway a. Total 1 7Q 2 ? ` , a } 1 ----.2..L3-_,,l__ .V . I f , gUFFO( ,o'A0Co ELIZABETH ELIZABETH A.NEVILLE,MMC � V 4,t Town Hall,53095 Main Road TOWN CLERK o= P.O.Box 1179 t y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS `1.1:1 PP/ Fax(631)765-6145 MARRIAGE OFFICER =y� 0P Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER O,( �a i� FREEDOM OF INFORMATION OFFICER - �� ���•southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 10, 2014 RE: Zoning Appeal No. 6809 Transmitted herewith is Zoning Appeals No. 6809 for Michael Knobloch-The Application to the Southold Town Zoning Board 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, Action of the Zoning Board of Appeals for Appeal No. 1846 Dated September 28, 1973, Action of the Zoning Board of Appeals for Appeals No. 2405 Dated April 13, 1978, Action of the Zoning Board of Appeals for Appeals No. 2849 Dated June 30, 1981, Certificate of Occupancy for No. Z9923 Dated April 16, 1980, Pre-Existing Certificate of Occupancy for No. Z23227 Dated September 16, 1994, Housing Code Inspection Report Dated March 30, 1994, Map of Land Surveyed for Charles L. &Jean E. Westenberg, Map of Neighborhood, 2 Pages of Action of the Board of Appeals for Appeal No. 3912, Findings Deliberations and Determination Meeting of April 14, 2005 of ZB Ref. 5682 for John and Joy Gallagher, Findings Deliberations and Determination Meeting of April 17, 2003 of Appl. No. 5312 for Nancy Chin/Schlaefer, 1 Page Showing 3 Photos of Rear Deck, Town of Southold Property Record Card for Tax Map No. 37.-1-19, Site Plan of Deck Structure As Built for Knobloch by Robert I. Brown Architect Dated 06/17/2014. 0 I * * * RECEIPT * * * Date: 10/09/14 Receipt#: 178293 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6809 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#178 $250.00 Knobloch,James Name: Knobloch,James Po Box 611 East Marion, NY 11939 Clerk ID: SABRINA Internal ID:6809 , ..., ‘i,... :.,.. .,,...,,,.." ,,. , ,_:.'- .s... -'1:71., ff13(3°\ , . . RECEIVED DEC 4 2014 .: `� � = 3OARD OF APPEALS ` xt ,.f;- •f.. � 1:4t1:;:*'' ;. µ Knobloch . , ---„,„ 4 ''', ' '4. -1, ' "w4.7: %,111110r Residence } ■ s ' � ��NIIIIIIII ' :.+ + , ,a 795 Bayview Drive, ' East Marion, NY r. . 11939 c.' asW~'`4 Ij . Y -.# - 'View oSicIe ,. . ,,, ,. :‘ k � . h e Dec , t t � tA ;11 ` yam.- b . RECEIVE R ', I.; - i4 ,.... , _ . .,,,iky � ° +z _ .. O . LSFAPPEA BOARD v .444 �� # : 0. }, , 2; ,i �c. 3 o\ cl Front View of the Deck „,,, ."0*,.. f .,� 3 • : , � ✓,,°,'. ... �-yam,_. a - WI ' , 40 w ! ,+ ; ; 4` I t 3ww•” i f r 77411111I ' 0Jr- � y. 0 --- I * . °0 I �.r' ., - . NotA „ ,. .� House f the o ... , , Back, f,., . ..,- : .„ Ear, witifrfli.,. /41! 14 * ':. ,.., 4„,, ,„,,, ,,,,,,,, ,.. , .fr .,a. ,,.1 , ,—/\ ' 1 '•• •.- .) -• ,..,0 '.--...' --. , t: • - • • i t" -4,416. 1 tti . A • r - .* ' • . • V1,44. ;1**'' '• ' .. MPOitl...) 1.,.. ''..'•', ‘i aim, - • 1 4,*,..4* A- ' -- _ .1114'6' 1' i ,'', ‘' '!4 I — 1... ,..._ ..: 1 . ,.. : ..„--' . .. . . ., • is.,. ... ;... ,-- . . , 1 .1t. .., . ,.., , ..%s...- •, ..• 't • "04 •trht , 1 Sq'7 , N • , , . ,,.. •. 411 .,i a, 1111 ...14/6, . .. .... A , .., , ,...' " ... ''''''' 1 . :k ; .'1'' , , . .. gyp, r a F PQQ { 0 -.sr I • �•< '� a - a. � � . Sonotu es for A. the D (,\,,,,,,...............„)i.,/,--'-----\ c . r' „- i • pc, Front Side where Deck was Built zb 's--- %°�� QQ��'' and Variance Hearing Posting .._. ®, o,, pQ�� x , •,. • ,,, . ,• 4t,,,4„,, � f� �� e�,�� v rj��i*y�l t 7,x a :,..i..?",:: y�� �f ^, /�, �i* �° 4c �.� t t'"°t+1._ ./' 1'`"' �'9fe. ♦ -} -' s } { 1 `-r . 4_i ,, - , . •Ev ,.-1,..:., . __ - it 4 . . - .. ,, ' ''.'' • "' '''' a ,: A : '.. 7'..:•.+. :::" Vri,...`.. S'.'4' l , i ,V4. f;. i ��) r 40. ' 46 i i r { r! i t At ti i '4 `� 4y- +: , ,, a. r b t rt.,, iv , . 4 ...-r: '4,..-- w • � t ' , -v� i 1 ° "S rel 1 Materials Used to Build Deck OF, PQ OP' • Pressure Treated 4x4 Posts (4 total ) • 2x8 Treated Lumber • Sonotubes for Footings (4 total) • Evergrain Envision Capped Composite Decking • Marquee Railing System to 9;00 Toth, Vicki From: Mike Knobloch <Mike_Knobloch@tamko.com> Sent: Tuesday, December 23, 2014 11:24 AM To: Toth, Vicki Subject: Variance Hearing To Whom It May Concern, I appreciate the time the Zoning Board took hear our case about the deck located at the Knobloch's residence at 795 Bayview Drive, East Marion, NY 11939. I am requesting that the Zoning Board please move forward in making a decision of approving the variance for our deck. I realize that some type of barrier is needed between the two houses and my brother and I will re-address that in the spring time with our neighbor. Please contact me should you have any other questions or concerns! Thanks! Mike Knobloch TAMKO Building Products, Inc. Northeast District Field Sales Manager Cell #417-621-5629 Confidentiality Notice: The information contained in this email belongs to the sender, is confidential and may be legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this email is strictly prohibited. If you received this email in error, please immediately delete and destroy all copies of the original email and its attachments, and notify the sender. 1 • Y16t \k,diq 0" Zoning Board of Appeals Town of Southold RECEIVED Southold Town Hall OFT 4201 53095 Main Road Southold, NY 11971-0959 BOARD OF APPEALS December 4, 2014 RE: JAMES KNOBOCH #6809—Request for Variance from Article XXIII Section 280-124, and Building Inspector's August 4 Notice of Disapproval To Whom It May Concern: Thank you for this opportunity to address the Board and share my thoughts on the above variance request for 795 Bayview Drive, East Marion, NY. I know the site well, being the homeowner of 765 Bayview Drive, located to the back of the Knobloch house. I wish to object strongly to the addition of the deck at 795 Bayview Drive. The deck construction and location was ill-considered and done without the proper permits. Although the Town has ruled that the deck has been constructed on the 'side' of the Knobloch property, it is clearly at the back of the Knobloch house.The deck backs onto the side of my property and house, and due to the location and height of the deck I have lost privacy in my bedroom,which is approximately 12 feet from the deck. The deck is an area which individuals gather and is used for smoking cigarettes and cigars, making cell phone calls, socializing both early early in the morning, and late at night, storing of wet towels, empty coolers, used bottles and cans, and unruly dogs. From the deck one has direct view into my bedroom, and I am subject to the noise and smoke from the deck, as well as unfiltered views of the deck's stored beach paraphernalia. The Knobloch house is rented on a weekly basis during the summer months. The Knobloch house has a large lawn, as evidenced by the plot survey, and other areas of the house and land would have better accommodated a deck. I was told that the deck was built in the current location so individuals would not have to walk through the dining area or screened porch to get to the outdoor grill. Building a door directly from the kitchen to the lawn would • • 4r-(0 ' (D5 have solved this problem. Plus, one would not need a deck of the current size if meant to only accommodate a grill. A ground level patio would also have sufficed. The house has a screened in porch,which was formerly a deck and was closed in 9+/-years ago. It provides a nice space enjoying the outdoors, and the grill had formerly been located beside it, allowing guests and hosts to continue to interact when cooking. I want to maintain a cordial relationship with the Jim and Mike Knobloch. Despite this issue, I like them. I understand that Jim and Mike may need to use this home for income and have been willing to support of their investment in their mother's home. I have tried to be a good neighbor by being tolerant of the barking dogs renters have left on the porch when they leave, and the extreme noise that renters can generate as they celebrate their vacation. I have tolerated views of the deck as a storage site, as well as not complained when I had to hire an exterminator to eliminate the carpenter ants that, according to the exterminator, migrated over from the Knobloch wood pile which was stored closer to my house than theirs. However,with the addition of the deck, all is getting to be too much. My home is becoming a less pleasant place for me to live. The deck attracts renters and guests to amass outdoors, at the expense of my privacy and quality of life. The current shrubbery does not block the view, noise, or smoke. My desire is that the deck be removed, as doing so would eliminate the problems that it causes. However, if the Town is not willing to mandate this, I would be willing to consider having the deck amended to comply with Town building codes, under the (written)condition that it cannot be screened in or enclosed at any time. In addition, I would want a 6' ( height) cedar tongue and groove double sided fence to be installed between our properties, at the Knobloch's expense,to run from the (front) edge of the deck to the first corner property marker by my shed. Should you wish to discuss further I can be reached at the below phone number. Again,tha k you for your time. Regards, 7 Ka d It,A Kathleen Dwyer 917 767 5095 III BOARD MEMBERS rrr�'' • Southold Town Hall Leslie Kanes Weisman,Chairperson �1�r �QF $�Uly 53095 Main Road•P.O.Box 1179 111d� � alp Southold,NY 11971-0959 Eric Dantes 4 4 Office Location: Gerard P.Goehringer T tk• ,� Town Annex/First Floor,Capital One Bank George Horning .i �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider = lit,COMM II Southold,Southold,NY 11971 ,••� http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 4, 2014 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, DECEMBER 4, 2014: 10:30 A.M. - JAMES KNOBLOCH #6809 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 4, 2014 Notice of Disapproval based on an application for building permit an "as built" deck addition to existing single family dwelling, at; 1) less than the code required single side yard setback of 10 feet, located at: 795 Bayview Drive East Marion, NY. SCTM#1000-37-1-19 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(a.Town.Southold.nv.us Dated: November 10, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 M • NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold : NAME KNOBLOCH , JAMES #6809 MAP # 37 . - 1 - 19 VARIANCE SETBACK REQUEST "AS BUILT" DECK ADDITION DATE : THURS, DEC . 4, 2014 10 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZO • (0gQ NING • 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: littp://southtovvii northfork.net November 10, 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, December 4, 2014 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 November 17th: 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 possible; AND not later than November 24th: 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 November 25th: 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 applicant/agents 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 December 2, 2014. 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. c(,`\r I ¶'c IY' \ � �\.'N #11994 u5 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 27th day of November, 2014. LEGAL NOTICE A. - ROGER HERMAN '� SOUTHOLD TOWN 1005 M. ZONING BOARD OF APPEALS 11 - Request fora Variance from THURSDAY DECEMBER 4,2014 Article 'XXIII Section 280-124 and LC�-� PUBLIC HEARINGS the Building Inspector's July 16,2014 Principal Clerk NOTICE IS HEREBY GIVEN,pur- Notice of Disapproval based on an suant to Section 267 of the Town Law application fora building permit for a and Town Code Chapter 280(Zoning), deck addition to existing single family Town of Southold,the following public dwelling,at;less than the code required hearings will be held by the SOUTH- front,yardsetback of 35 feet;located 0.K____-) OLD TOWN ZONING BOARD OF at. 18 Sound Road Greenport, NY.APPEALS at the Town Hall, 53095 ) 3Gfl�s#1000`35 1 17 day of2014. Main Road,P.O.Box 1179,Southold, it•60 A 6t — LAUR fwOLIce New York 11971-0959,on THURSDAY7 Request for Variance DECEMBER 4,261 from Article III Section 280-14 and the tau A.M._-58'cot NECK ROAD Building Inspector's October 30,2014 )LLC #6816 - Request for Notice of Disapproval based on an ap- special Exceptionunder Article HI plication for building permit-for addi- Section 280-13B(12)for equestrian sta- tionsand alterations to existing single tiles and riding academy,located at:55 family dwelling,at;1)less than code re- Cox Neck Road($Duni. _ I Z....,\._,.......) quired front yard setback of 50 feet,lo- cated at:3595 Paradise Point Road(aka C '''"•I A VOLIN SKI tititck,NY.SC M#1000119-7-#9.23 Robinson Road)(adj.to Southold Bay) 21:-.1',...� '' NEW YORK 1�4 A.M. - CAPT MA NOW", .;> (1 Request for Southold,NY. SCTM#1000-81-1-15.5 RINE ;ALES 11:15 A.M. - ALLEN SANKOV- is t } u i iC r. ,13050 Variance from Article XhSection 280 ICH #6811 - Request for Variances 1::30 P.M. - FRANK McGUIRE iunty 49 and the Building Inspector's Sep-.,. from Article III Section 280-15 and the 1 -Request for Variances from Ar- y 110 P.M. LAUREN ZAMBREL- tember 5,2014 Notice of.Disapproval Building Inspector's July 21,2014,2014 ticle:III Section 280-14,Section 280-15 LI#6803-Request for Variance from based on an application for building Notice of Disapproval based on an ap- and Article XXIII Section 280-122A Article III Section 280-15 and the permit to construct a 40' X 40' X35' plication for an"as built"location of an and the Building Inspector's Septem- Building Inspector's February 11,2014, principal storage building, at; 1) less accessory in-ground swimming pool,at; tier 8,2014:Notice of Disapproval based Updated September•29, 2014 Notice than the code required minimum side 1)less than the code required side yard on an application for building permit of Disapproval based on an applies- yard setback of 25 feet, located at: setback of 5 feet,2)less than the code for 'as built' additions/alterations to lion for building permit to ro-construct 9605 N''S Route 25 Mattituck, NY. required rear yard setback of 5 feet, existing single family dwelling and ac- with second story addition an accessory $CTM#1000=122-6-12 located at 1240 Longview Lane South- cessory structures,at;1)(dwelling)less garage,at; 1) less.than the minimum 10:15 A.M. - RICHARD and BO- old,NY.SCTM#1000-88-4-45 than the code required single side yard side yard setbaeleof 5 feet;located at: $$TPE SUTER #6815 - Request for 11.30 A.M. - GEORGE ROHR- setback of 20 feet,2)(pool house)soca- 4910 Pequash Avenue Cutchogue,NY. Variance'•fiom Article XXIII Section BACH #6814 Request for Variance lion other code required rear yard,3) SCTM#1000-110-3-27 280-124 and the Building Inspector's from Article III Section 280-15 and the (garage) location other code required The Board of Appeals will hear all October 27,•2014 Notice of Disap- Building Inspector's September,5,2014 rear yard,located at:2800 Bridge Lane persons or their representatives,desiring priit+al based on an application for Notice of Disapproval based on an Cutchogue,NY.SCTM#1000-85-2-3 to be heard at each hearing,and/or desk- building permit for additions and al- terations to an e>fisting seasonal single application for building permit for ac- 14?ilk- JOAN COOKE #6808 ing to submit written statements before family dwelling,at 1).less than the cessory garage,at location other than - R for Variances from Ar- the conclusion of each hearing. Each code required.frontnt 1) setback of he the code required rear yard, located tide III Section 280-124 and the hearing will not start earlier than desig- feet,located at 855 Fisherman's Beach at40 1620 Grand Avenue Mattituck,NY. Building Inspector's August 28, 2014 nated above. Files-are available for re- Road (aka Haywaters erRma (adj. to SCTM#1000-107-3-9.2 ; amended September 5, 2014 Notice view during regular business hours and Cutchogue Harbor) Cutchogue, NY. 1;15 P.M. - MACH3. LLC #6797 — ' of Disapproval based on an applica- prier to the day of the hearing. If you $CTM#1000-111-1-30_ (Adj.from 11/6/2014 PH) Request for tion for building permit to construct have questions,please contact our office 10:30 A.M.-JAMES KNOBLOCH reversal of the Building Inspector's de- additions and alterations to existing at,(631)765-1809,or by email: Vicki. #6809-Request for Variance from Ar- termination,based on the Building In- single family dwelling,at;1) less than Toth@Town.Southold.ny.us. tide XXIII Section 280-124 and the spector's Notice of Disapproval dated the code required front yard setback of Dated:November 10,2014 Building Inspector's August 4, 2014 September 4,2014 pursuant to Article 35 feet,2)less than the code required ZONING BOARD OF APPEALS Notice of Disapproval based on an III, Section 280-13A based on an ap- rear yard setback of 35 feet, 3) less LESLIE KANES WEISMAN, as plication for a Pre-CO for two dwelling than the minimum code required side CHAIRPERSON application for building permit an" built"deck addition to existing singes units on one lot,at;1)"as built"conver- yard setback of 10 feet,4)less than the BY:Vicki Toth shin of accessory storage building into code required total side yard setback 54375 Main Road(Office Location) family dwelling,at;1)less than the code required single side yard setback of 10 a second dwelling unit, located at: 30 of 25 feet,5) more than the code per- 53095 Main Road(Mailing/USPS) feet, located at: 795 Bayview 1)1 i,e Smith Road(corner Indian Neck Lane) mitted lot coverage of 20%, located P.O.Box 1179 East Marion,NY.SCTM#1000-37 1-19 Pcconic,NY.SCTM#1000-98-3-39 at:2205 Bay Avenue East Marion,NY. Southold,NY 11971-0959 SCTM#1000-31-17-6 11994-11T 11/27 • 61-0 r,00 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS p ) L9 Jf\ (Name of Applicants) SCTM Parcel# 1000- 3� _I_ ki COUNTY OF SUFFOLK STATE OF NEW YORK • I, residing at 0/10 lVr) New York, being duly sworn,deposes and says that: Oil the day of `(`p 1oeP -f , 20 I t-F I personally mailed at the United States Post.Office in "k4.0v`1(_ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. fr � (Signa Sworn to:before m this 2r4 day , 20)`I CONNIE D. BUNCH Notary Public, State of New York i6 Rk 01 BU6185050 f,.0k � in Suffolk County Cernn yeti Expires April 14,2 J(0 • . (Notary Public) . PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. U.S. Postal ServiceTM U.S. Post ;erviceTs, CERTIFIED MAILTM RECEIPT CERTIFIED MAIL. RECEIPT ,74 (Domestic Mail Only;No Insurance Coverage Provided) m ft1 (Domestic Mail Only;No Insurance Coverage Provided) , (J6O CII N p For delivery information visit our website at www.usps.com, For delivery information visit our website at www.usps.com,, ci ►n WA �t ' 1.? =' $' A ,, ,� m ratilisii 2 ' ' L m m Postage $ $01449 0914664::f: - m Postage $ $0.49 0958 m '\ m Certified Fee $3$ 30 postmark` r-R Certified Fee $3.30 6 O Return Receipt Fee "!�/ re O Postmark pp�� Q Return Receipt Fee r / ere O (Endorsement Required) $ �y 10 /��t 1:3 (Endorsement Required) $')7r0 I� Restricted Delivery Fee Restricted Delivery Fee c.;,',2_, Cr (Endorsement Required) $O, 00 0 (Endorsement Required) $0,00 m Total Postage&Fees $ $4;949 114.0261414 •=.- Total Postage&Fees $ $6.49 11/17/2014 ru Sent To _ Sent To O▪ Street,Apt.No.; ',1 1 l ,A O Street,Apt.No.; tom- or PO Box No. ,�. VL 1 (t._f: *'t \A r. or PO Box No. Q.3© , �k Aa \L IA VA. ,46,, City,State,ZIP+4 t t)` 1 `L c fi\ 1?--5� City,State,ZIP+4 V r a5 l/l/ i`t / y ` t PS Form 3800,August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse for Instructions U.S. Postal Service,. U.S. Postal Service,,, CERTIFIED MAILTM RECEIPT CERTIFIED MAILTM RECEIPT m (Domestic,Mail Only;No Insurance Coverage Provided) N m . . (Domestic Mail Only;No Insurance Coverage Provided) I=1 N For delivery information visit our website at www.usps.comn f`-. 0 For delivery information visit our website at www.usps.com© I F?FtWEtI �t 0 .. `n m Ln E .H I0N 14Y...11 R. ,7 .. ° m m Postage $ $0.49 09 ,: m Postage $ Ot�c /. m $0.49 Certified Fee a p$3.30 03 Postm Certified Fee $3.30 V),20/4 • ( Return Receipt Fee O Postmark Endorsement Required) $2.70 He ,.. Return Receipt Fee CI t3 (Endorsement Required) ', Here Restricted Delivery Fee D . 1:3 (Endorsement Required) $0.00 Restricted Fee (Endorsement Req iced) $0.00 Total Postage&Fees $6.49 11/17/2014 In -/- Total Postage&Fees m $ $6,49 11/17/2014 (11 Sent To t t Sent To t �, �\j l_ c.. on ,� \��. -rig, Sok�RSf1Y) O Street,Apt. o.; , or PO Box No. ta;P p Street Apt.No.; l� IN.. ,�`' N or PO Box No. g ,©. f v 'q Ciry,State,ZIP+4 `,l 37,�1i 1- rd-j3 City,State,ZIP+4 f4csIr l stivl ` I �� PS Form 3800,August 2006 See Reverse for Instructions G PS Form 3800,August 2006 See Reverse for Instructions U.S. Postal Service,. U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT CERTIFIED MAILTM RECEIPT „i (Domestic'Mail Only;No Insurance Coverage Provided) I- (Domestic Mail Only;No Insurance Coverage Provided) r9 co For delivery information visit our website at www.usps.com,, iQ For delivery information visit our website at www.usps.com, 5 � O 01L U a ; ru Postage $ $0.49 09�$ ""__"`1`t 1 rl Postage $ $0.49 Irk Certified Fee $3.30 0.`i -' e Certified Fee $3.30 `10 dam ` i Fee 0 (Endorsement Re▪ Return quired) $2.70 20/4 I I DO (Endorsetement Reequtired) $2.70 ��11ere 1 O f D Restricted Delivery Fee Restricted DeliveryFee (Endorsement Required) $0.00 ,rr (Endorsement Required) $0.00 �,',,^• C"' / tom , .-' ' a` N Total Postage&Fees $ $6.49 11/17/2014-- ,, m Total Postage&Fees $6.49 11/17/2014 - Sent To (\, v e Sent To 1��W ti j�ZLt,� � a. \Ply `(1 orrPO Apt l 4 to 0 Street Apt.No., a 6 c, 0 or PO Box No. jt � or PO Box No. i` City,State,ZIP+4 S& \/,‘ ‘\\L I nix_ i x City,State,ZIP+4 �6/0 C ac' PS Form 3800,August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse for Instructions -ter SENDER: COMPLETE THIS .TION :.hIPLETE THIS SECTION ON JVERY • Complete items 1,2,and 3.Also complete A. `Ignatu item 4 if Restricted Delivery is desired. ❑Agent ��:�� • Print your name and address on the reverse X 0 Addressee X. so that we can return the card to you. B. R eiv b n N C. Date of Delivery NI Attach this card to the back of the mailpiece, lel la . or on the front if space permits. D. is delivery address difrerentfrorn item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery addreasslow:`..,,, ❑No aa6 Crake Ave- Service `` cs \tV %\le.1 A\ 1--1'8?--- 3 §Itertified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 0470 0001 7428 4816 (Transfer from service/Elbe° PS Form 3811,February 2004 Domestic Return Receipt 1o2595-02-M-154o 1 • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si. Ff r 9111, item 4 if Restricted Delivery is desired. • // 0 Agent • Print your name and address on the reverse • l 0 Addressee so that we can return the card to you. B. Received by(P 1,,,' e,999 ! . •ate of Delivery • Attach this carchaibe back of the mailpiece, ,'INor on the front ife permits. � D. Is delivery Ifferent from its(n 1? 0 -s 1. Article Addressed to: If YES,e 4.'d very address , ❑ W&AAA Oe...VV4A iv' IN, CP, D ` t©Y I ,),\' 3. Service Typ 6> J` aCertified M. 0 Express Mail () �\t(�(J n ` �° 3-1911 - (❑Registered -- -rpt for Merchandise = dI l a(� 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. (TrArticle rfrom 7012 3460 0001 3335 0730 (transfer from service labs° PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540, SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X Ct ❑ so that we can return the card to you. B. R b ( ted C. • Attach this card to the back of the mailpiece, �jd �G l/� or on the front if space permits. V ( tjl� / ,--- D• Is address from Item 1? 0 Yes 1. Article Addressed to: If ,enter delivery address below: 0 No CAN 4.S 0 641.11et1141 r ipvl 1/lJa,V. .`r\ , 1\ \/ I — 3. Service lype Certified Mail ❑Express Mall Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7012 3460 0001 3335 0716 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 • COMPLETE THIS SECTION uN DELIVERY SENDER: COMPLETE THIS SECTION >_. A. Si ature • Complete items 1,2,and 3.Also complete r-� 0 Agent item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. B. .lip eiiled by(Printed Name) C. Date of Delivery ��^`l� • Attach this card to the back of the mailpiece, +Ov G H Q or on the front if space permits. D _ ., , addre nt from item 1? ❑Yes 1. Article Addressed to: If S,'`=r delive ress below: 0 No ,ti (/V/ a 5D k It)1 \(_ Nn ,RG-0,-,,,,___ sr„,,, 4� © � t ( a5-1� ;3. Service Type `� Certified Mall 0 Express Mail O Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number . 712 3460 0001 3335 0723 (Transfer from service label) Domestic Return Receipt 102595-02-M-1540 PS Form 3811.February 2004 ---------- b � r; • q I TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING • ,\'tD c (Name of Applicants) Regarding.Posting of Sign upon Applicant's Land Identified as _ SCTM Parcel#1000- '3-7 A ll COUNTY OF SUFFOLK) STATE OF NEW YORK) . - I, . S: residing.at 0,645 ,New York, being duly sworn, depose and say that: On the 1 1 day of VDV1_4 11 , 2019 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained-in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be -/-f'-1 (ST e) Sworn to before me this 4 Day orLec.o , 201q CONNIE D. BUNCH Notary Public, State of.New York No.01 BU6185c050 `rs;r<lifiod i1 Suffolk County Cornr is,-,ore Expires April 14,2 Ol �o (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. I i 1 i i; 17.S. Postal ServiceT., CERTIFIED MAILTr., RECEIPT . . DtiMil Only;NoInsuranceCoverageProvided)(Domestic .- qq�0\ C] 0 For delivery information visit our website at www.usps.com „ o F fi 5 � f) [J a Postage $ $0.49 09:s i0 1,,,!C s. Certified Fee $3.30 0r 9 o s 0 Return Receipt Fee �Y j ark�l� f CI (Endorsement Required) $2.70 i Restricted Delivery Fee I= (Endorsement Required) $0.00 O do IS) Total Postage&Fees $ $6.49 11/17!'t” .•---' M r-1 Sent To p Stor PO,Apt.No.; `7 Len C 4- \ . N. or PO Box No. �.Cl J'Y City,State,ZIP+4 �`ce c;L •Sb x I Vcti �a 05 FS Form 3800,August 2006 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPf.rE ThIS SEC Tion,O'. , , :.L,o, ■ Complete items 1,2,and 3.Also complete A. re item 4 if Restricted Delivery is desired. El Agent ■ Print your name and address on the reverse X IXAddressee so that we can return the card to you, B. R4Ived by(Print ) C. Date of Delivery • Attach this card to the back of the mailpiece, � / S ��_�-�!� or on the front if space permits. D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: ` r If YES,enter delivery address below: CI No68/di.0,1 LovAlikAr- 4.3A--• 3. Service Type c L tO( X11 V A• lakertmad Mail ❑Express Mall �l ❑Registered ❑Return Receipt for{ dice gg,Lfob ❑Insured Maio ,Ci C.O.D. 4. Restricted Delivery?(Extra Fee) ❑As 2. Article Number 7011 3500 0000 1140 0449 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt �5-u2-M.1540 :)ENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ✓ Complete items 1,2,and 3.Also complete A. Sign re,` Rem 4 if Restricted Delivery is desired. X ? \ !. El Agent • Print your name and address on the reverse . ID Addressee so that we can return the card to you. . ' B. Received by(Printed Name) e ofI • Attach.this Card to the back of the mailpiece, i c J t c I or on the front if space permits. l6 D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: if YES,enter delivery address below: G❑No b V 6169 a3s � VPt q1 Y 3. se"C Type Certified Mall ❑Express Mall l Registered 0 Return Receipt for Merchandise 1 0 Insured Mall 0 C.O.D. ,‘ 4. Restricted Delivery?(Extra Fee) 0 Yes i' Article Number s7011 3500 0000 1140 0456 ( r 0 jPS Form 3811,February 2004 Domestic Return Receipt ;194.42 M-1510 001 Toth, Vicki From: Toth, Vicki Sent: Monday, November 10, 2014 1:03 PM To: 'Kathleen Dwyer' Subject: RE: Knobloch Deck Ms. Dwyer- You have the Zoning board members correct. Regarding viewing the file,they are available Monday through Friday 8AM-4PM. It has to be done with a FOIL request.We have them here at the office. His application is scheduled for 10:30AM on December 4th. I am unable to send copies from an active file without a FOIL request. You could do a FOIL through the website. I cannot guarantee the file is able to copied if the plans and survey are larger than what we can copy which is 11X17 max. Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064(fax) Original Message From: Kathleen Dwyer [mailto:kathleen.dwvert zurich.com] Sent: Monday, November 10, 2014 12:43 PM To:Toth,Vicki Cc: Kathe Dwyer Subject: Fw: Knobloch Deck Hi Vickie, I hope this email finds you well. I was in East Marion this weekend and the weather was spectacular. I would appreciate your sending me a copy of the plot survey(blueprint)for the Knobloch property. Also, a copy of the report that indicates that the location of the Knobloch deck is on the 'side' of their property vs the 'back' of their property. In addition, can you confirm the names of the individuals on the Board of Appeals please? I am unable to find a specific listing of who these individuals are on the Southold website. Are the Zoning Board members (listed here) also the Appeals members? If these are not correct, I would appreciate receiving the correct names. Leslie Weisman Gerard Goehringer Eric Dantes George Horning Kenneth Schneider 1 Vicki Toth All can be faxed to me at the following fax number: 866 6112817 '*f w V� Or emailed to me at: kathleen.dwyer@zurich.com or kdwyer235(«@gmail.com It would be helpful if I could receive all this week. Thank you, Kathleen Dwyer 917 767 5095 ******************* PLEASE NOTE *******************This message, along with any attachments, may be confidential or legally privileged. It is intended only for the named person(s),who is/are the only authorized recipients. If this message has reached you in error, kindly destroy it without review and notify the sender immediately.Thank you for your help. ******************* PLEASE NOTE *******************This message, along with any attachments, may be confidential or legally privileged. It is intended only for the named person(s),who is/are the only authorized recipients. If this message has reached you in error, kindly destroy it without review and notify the sender immediately.Thank you for your help. 2 BOARD MEMBERS ,r'' " Southold Town Hall Leslie Kanes Weisman,Chairperson �•����QF $Q(/y_ . 53095 Main Road•P.O.Box 1179 ,`O !1%b . Southold,NY 11971-0959 Eric Dantes ; IF * Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ` Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider : IiYCOUNr '� Southold,NY 11971 ii\http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 October 8, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6809 Owner/Applicant: Knobloch, James Action Requested: "As built" deck addition — single side yard setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson B Encls. r_oil, &N‘ Office Location: ,i �QF $QUTy' Mailing Address: rr 4/ 4 Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) sig P.O. Box 1179 Southold,NY rrr 119710 1�� Southold,NY 11971-0959 �gCoUN.r( .... S http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 January 9, 2015 Michael Knobloch 15 Etta Place Lynbrook,NY RE: ZBA Application#6809 Dear Mr.Knobloch: Transmitted for your records is a copy of the Board's January 8, 2015 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerely, Vitki, Vicki Toth Encl. Cc: Building Dept. gi30 _, eija 3 -1 1 • . 4.0,12O• �L ,r 5^ 91' e • Opp , O v ,, 4 , N ?S 49 . a' o �' c M1 0 - e s b. a' s A rPg e° ,. - ,.>.- oil. 22 p0 'n°'• 25 m c�'� % EW ♦ n^, np e' a, O .A `� ® ryO-_1.9_.s___ 1 • ..+g -b , ^ O'• \ / /, �`c�'� . ♦,r a mI a Wal"' S r 0 .. T ---—^0 , A e. +,. n ♦ a.i, 3 $ t Yz u 7, ` , ,y z � ' a ' BAWIEW , a , � 5 P EYO n 9 < eINS , `" , I a'. 3 2 1 Ivor d " 9 a S zj m. i Inn, ::r3, ,j I 4' ''',:.‘b b:�R" roar r � I :.,9u r+o, 23 t Ra , i { �" ORIENT Cep RN at I IR k RAR "® " a wconog a a' w, o �: S' 6 ,.z,, : 18 bag : r$a' u t g.4PDXx a & '',,oro 9 i TOWN OF - 0 23.2 Y 4 SOInHOLD - Spring Pond' t{'"—�' 2'9A(4) _i HARBOR 17 g`• 0 �'' ® 6.BA(c) I ' a ♦,4 _ , 4' i ,y, '�. a ,0 4 at, ` 9 4 O'Lt. ow • 'A0. 1 ., 4� 11;5 „p. /eV 3-04 1: I V a3 i , - R ' :e c., - ? s 37,—.5:_.-7 -,, ,,,,g ‘,, il., th ‘3.1,'"Q e-(.10,>. n r 4 • , . i'•' ' c31._ -” 1 _ NOTICE 1 COUNTY OF SUFFOLK © E n sslRwwN OTKeNmse,wLL r„cFER„Es � U7s�j Y tift —SCN—— Knm^'�itl Wie N— wRE NAIWN TIE FOLLQNNG LATRICTS' —r—— AaN.owblm. ——R—— sc...„ 2 SEVER wwn ANT MAINTENANCE,ALTERATION.SALE OR y3 Real Property Tax Service Agency KST 26 DISTRIBUTION OF ANY PORTION t)F THE �. ;r county center Riverhead,N Y„90, M 132 _w—_ ...a Mori,* d1 SUFFOLKCDUNTY TA%1MPIS PROHIBITED i7 Sf,ALE 1N FEEi. A �Iq mE 'N� i.1%, NATER ntiyr wmeuunv°w.,LsR —w—— ,..4„ BS wEIUSF TNR TTE PE ON YE y'iJS,Y 4,� �.".va" '^x` a,.�s. _ _ _ .� ,. �-. ,m, �'s •rte ,-�.... ,. •