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HomeMy WebLinkAbout6826I --7Z�PE-P-m (tai) VCEco lS/ Eck �o bE Zoe-, T qP a� ,6 t, FW BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider ZBA FILE: 6826 OF SOUr�� y100UNT`I ,�,,, Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19, 2015 RECEIVED FEE ?015 6. MIA uthold Town Clerk NAME OF APPLICANT: Lewis Teperman SCTM# 1000-21-2-16 PROPERTY LOCATION: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. 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 lI 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 December 29, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 29, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP because the subject deck is partially located in the Coastal Erosion Hazard Area (CERA). However the Board finds that, under Southold Town Code Chapter 111-6 Definitions: Unregulated Activity, structures or parts of structures less than 200 square feet are permitted in the CERA. The proposed reconstruction in-kind of the subject deck has and will have an area of 182 square feet within the CERA, which is less than 200 square feet. Therefore, the Board finds the proposed reconstruction in-kind as CONSISTENT with the LWRP standards and therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is non -conforming located in a R40 Zone District. It is improved with a two story frame dwelling with attached rear deck, accessory deck and accessory beach house. It has 62.65 feet of frontage on Aquaview Avenue, 245.85 feet on the west property line, 40.01 feet on Long Island Sound and 357.78 feet on the east property line as shown on the deck reconstruction plan prepared by Matthew Benjamin Sherman LPE dated 11-19-14 as drawing number C.1. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-116 and the Building Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for building permit to reconstruct a deck, at; 1) less than the code required bluff setback of 100 feet. RELIEF REQUESTED: The applicant requests a variance to rebuild, in-kind and in-place, an existing deck having a setback of 24.8+/- feet from the top of bluff where the code requires a minimum setback of 100 feet. Page 2 of 3 — January 19, 2015 ZBA#6820 — Teperman SCTM# 1000-21-2-16 ADDITIONAL INFORMATION: 1. The Suffolk County Soil and Water Conservation District did a site inspection on December 29, 2014 of the subject parcel with respect to the proposed reconstruction of the existing deck and found the property to be suitable for the current proposal with no apparent degradation to the surrounding natural resources. 2. John T. Metzger, L.S., obtained field measurements that the East side of the existing deck to the top of Bluff is approx. 24.8 feet. 3. There are three letters of support for the proposed reconstruction from neighboring property owners. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5, 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing dwelling with attached deck has been in the same location since 1975 without detriment to nearby properties. Attached decks are common additions to residential properties in this neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The deck exists in a nonconforming location and therefore its reconstruction in-place and in-kind will also be in a nonconforming location which requires a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a 24.8 foot setback from top -of -bluff is mathematically substantial, representing 75% relief from the code. However, this variance is for a deck reconstruction in-place and in-kind and the existing deck exists at this non conforming location with no evidence of degradation to the surrounding natural features. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing an existing deck in-place and in-kind, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the Site Plan, Deck Reconstruction, drawing number C-1, prepared by Mathew B. Sherman, P.E., dated 11.19.14. CONDITIONS: Deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 — January 19, 2015 ZBA#6820 — Teperman SCTM# 1000-21-2-16 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. (Absent was: Member Goehringer) This Resolution was duly adopted (4-0). Leslie Kanes Weisman, Chairperson Approved for filing /. /2015 C) N W C4 LONG LONG ISLAND SOUND z 'z A M FINAL MAP9 PE REVIEWEDw BY ZBA z � SEE DECISION # ., DATED / / lu 3r -r W d8 U x EL. 8' eo � L. 8' i -r VA" X 6" DECKING � �� I � 1•Q�M EL. 10' BEACH EL. 10' o EL. 12' HOUSEx EL' . 14 n EL. 1 EL. 16' 2- 2" X 10" ACQ GIRDER EL. 20, EL. 22 4" X 4" ACO POSTS ON AIN tai EL. 24' Z EXISTING CONCRETE FOOTING EL. 26' ci (TYPICAL ALL FOOTINGS) EL. 28' — EL. 30' EL. 32' ELI. 364 EL. 38' • OR EL. 40' Nr'+ EL. 42' DECK 2" X 8" ACO LEDGER BOLTED �3 c EL. 44' TO HOUSE FRAME WITH 5" "LEDGERLOK" SCREWS • 16" O.C.; TOP OF HANG D.J. FROM LEDGER WITH �S � LIC SIMPSON LU28 CONNECTOR SE t� Ua EL. 46' 7.9'Ad Cj UNE S DECK TO BE m REPLACED FRAMING PLAN W v A SCALE V=4" Y4" LAJ TEPERMAN PROPERTY 1225 AQUAVIEW AVENUE, EAST MARION SCTM: 1000-21-02-16 2 STORY m RESIDENCE SITE PLAN BASED ON SURVEY OF PROPERTY BY; m STANLEY J. ISAKSEN JR. 5 LAST REVISED 05-16-05 o 4' x 4• rosr W/ 2 OER x s ACQ LEDBOLTED EXISTING HOUSE CD WIRE t Glr RAIL TO HOUSE FRAME WITH V STRUCTURE TO REMAIN vi •LEDOERLW SCREWS • 16• O.C.; J'-2. HANG D SIMrSON W28 CONNECTOR 1 • X 10' RIM BOARD I!• X r DECK BOARDS - CONTINUOUSLY AROUND 2' X 12" ACO D.J. 16" O.C. Z O 2- 2' X 10" ACQ GIR CPROV. H4 ONNECTOR 0 W n LATTICE - 2• X 10' ACQ GIRDER r, Q� SIMPSON ABU U Z CONNECTOR (TYr) 0 o -O __ ON EXISTING CONCRETE _ ----- --- -- - �� SITE PLAN (TYMCAL ALL FOOTINGS) n \W Z LU r,_-- - V' / ) I_L_ / O N SCALE 20:1 Z <y z PARKING 0 Z ::) S SECTION AA v Q cyQ o � <SCALE NTS 1,200 f (� � � E- 1 Neo• 5 10 � Y� N Q AQUA .s ` � w N Lj m VIEW AVE_ RECE1VEb Q 0- C� rt DEC 9 2014 W < ZONING E30AKU JF Al,, g m z of Z z V) < z uN In uw�AILINIM 9 10 ws aBBBx.BB AW aa11M 6 A waunaw agar~ nay IF KKrs aunuar ur UcBi> lo •- c� OFFICE LOCATION: �O�SU(/ryOlO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) cnO �r \,-Southold, NY 11971 �-QZ- Telephone: 631 765-1938 ✓/u�`a �COUNTY,Nc� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date January 29, 2015 Re: Coastal Consistency Review for ZBA File Ref. LEWIS TEPERMAN #6826 SCTM# 1000-21-2-16 6 �0��a RECEIVED jAN '> 9 ?015 BOARD OF APPEALS LEWIS TEPERMAN #6826 - Request for Variance from Article XXII Section 280-116 and the Building Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for building permit to reconstruct a deck, at; 1) less than the code required bluff setback of 100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-2-16 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the following Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Portions of the deck are located seaward of the Coastal Erosion Hazard Area (CEHA). The reconstruction of portions of the un -permitted structure within the CEHA is not permitted. The Board of Trustees issued a Wetland Permit and Coastal Erosion Hazard Permit (6483) on December 21, 2005; however, the permit did not include the subject deck structure. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water -dependent uses in coastal hazard areas_ b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. VQ iof'). r� 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for. a. structures which functionally require a location on the coast or in coastal waters. b. water -dependent uses which cannot avoid exposure to hazards. C. sites in areas with extensive public investment, public infrastructure, or major public facilities. The deck does not require a location on the coast, is not water dependent or a public facility. It is recommended that the deck area be modified to exclude portions that are located within the CEHA. Figure 1. Subject parcel and adjacent properties. It is important to note that no permits were found for the deck within the CEHA on the property located to the east of the subject parcel (circle). Similarly, a Coastal Erosion Hazard permit was issued for SCTM# 1000-22-2-13 by the Board of Trustees in 1992 (rectangle). The deck on the parcel does not comply with permit conditions and should not be considered in decision making. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action Cc: Stephen Kiely, Assistant Town Attorney X Al `� 428 G SUITE 110 RrAMMEAD, NY 11901 Phone (631)727-2815 x8 FAX (631)727-3160 Leslie K. Weisman, Chairperson Town of Southold Board of Appeals P.O. Box 1179, 53905 Main Road Southold, NY 11971 December 29, 2014 Re: ZBA File Ref. #6826 — Teperman Dear Ms. Weisman: t SCTM # 1000-21-2-16 Paul A. TeNyenhuis, CMC District Manager George Ptnios, Chairman (516) 607-1566 � 9atP RECEIVED y BOARD OF APPEALS Our office has conducted a site inspection on December 29, 2014 at the home of Lewis Teperman at 1225 Aquaview Avenue in East Marion regarding their application to rebuild their front deck on the existing footprint. Upon inspection of the existing structure there appears to be no resource concerns. The existing footprint does not show signs of contributing runoff towards the bluff, no degradation or erosion of the bluff top or the bluff face is evident. At the time of the visit the bluff appears to be in stable condition with good vegetative cover and the foreground (yard) leading to the bluff top is in turf grasses. It is recommended that the building plans include diverting landward any runoff that may develop during reconstruction. During construction, it is further recommended that heavy machinery, equipment, or supplies be stored and/or a minimum of a 25' setback from the bluff top edge be observed. The heavy weight and vibrations from the machines may cause sloughing of the bluff. Finally, running machines for long periods of time have a negative impact on the neighboring bluffs. Overall, the property was found to be suitable for its current proposal with no apparent degradation to the surrounding natural resources. I would like to thank you for requesting the comments of the Suffolk County Soil and Water Conservation District. If you have further questions regarding this evaluation, feel free to contact us at your earliest convenience. Since I , Shar Frost Soil District Technician iAv ]POUNTY OF SUFFOLK . S Steven Bellone SUFFOLK COUNTY EXECUTIVE --------------- Economic _ Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner December 29, 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: RECEIVED JAN 0 6 2015 Division of Planning and Environment Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number 115 Commerce Dr. LLC/2232 Rose Bnok Farm LLC 6823 Estate of William Wood Jr. Nikolakakos, Stelios & Penelope Teperman, Lewis Pavlou, Andreas Nappi, Rick 860 Bayview Drive LLC Turner, David TRK/cd 6824 6825 6826 6827 6828 6829 6830 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 ■ (631) 853-5191 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Olinkiewicz Contracting Inc. (Teperman) 1225 Aquaview Avenue East Marion, NY 11939 Please take notice that your application dated September 12, 2014 For a permit to reconstruct a deck at Location of property 1225 Aquaview Avenue, East Marion, NY County Tax Map No. 1000 - Section 21 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: 9�0 RECEIVEDs^ DEC 9 ?.O14 ZONING BOARD Or AP?ERLS DATE: September 29, 2014 RENEWED: December 9, 2014 The proposed construction is not permitted pursuant to Article XXII Section 280-116 which states; "All buildings located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than one hundred (100) feet from the 4.,� .,C..,...1.. l.I.. CF .... L...«l- f) S Note to Applicant: An* c nge or deviation to the above referenced application may require further review by the Soutba@ Town Building Department. CC: file, Z.B.A. � � 1 PECONIC SURVEYORS, P.C. P.O. Box 909 1230 TRAvELER STREET SOUTHOLD, N.Y. 11971 631-765-5020- FAx 631-765-1797 John T. Metzger, L.S. December 10, 2014 James Olinkiewicz Olinkiewicz Contracting RE: SCTM # 1000-21-02-16 1225 Aquaview Lane, East Marion NY 11939 To Whom It May Concern: (RECEIVED OEC 9 2014 ZONING BOARD OF APPEALS Please be advised that the surveyor from our firm, Peconic Surveyors PC, visited the property above and obtained this field measurement: East side of existing deck to top of bluff approx. 24.8 feet. If there are any questions please do not hesitate to ask. Sincerely, t F � • 0 "J�- �?a � RECEIVED Fee: $ filed Eiv: Assignment No- ----------��-- 7t mimr. HC)APD OF APPLICATION TO THF. SOUTH01,D TOWN BOARD OF APPEA1,S AREA VARIANCE House No.1225 Street Aquaview Ave Hamict East Marion scrm 1000 Section 021 Block 02 Lot(s) 016 Lot Sire 1/4 Acre 'Lorre 1A APPEALS I (WF) APPEAL THE «RFI -FEN DFTERMINATION OF THE BUILDING INSPECTOR DATED_ 9/30/14 BASED ON SURVEYISITE PLAN DATED 9/12/14 Applicants)/Owner(s): Lewis Teperman Mailing Address: 1225 Aquaview Ave East Marion NY 11939 Telephone: 917-453-2578 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: James Olinkiewicz for (Owner ( )Other: Address: PO Box 591 Shelter Island Heights NY 11965 Telephone: 445-7324 Fax: 749-3217 Email: jimolink@aol.com Please checl. to specify who rou Irish correspondence to be nraileel ta, front the abure name ( ) Applicant/Owner(s), 4/Authorized Representative, O Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 9/12/14 and DENIED AN APPLICATION DATED9/30/14 FOR: Building Permit ( ) Certificate of Occupancy O Pre -Certificate of Occupancy ( ) Change of Use ( ) Pertnit for As -Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Inil icate:\rticle, Section, Subwclion of Zoning Ordinance by numbers. Do not quote the code. Article: 5(X11 Section: 280-116 Subsection: Type of Appeal. Aa 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 Other A prior appeal ( ) has, 4A has not been matte at any time with respect to this propertti, LINDER Appcal No(s). Year(s). _ - ("'cavi beSure to re'.eittr !t hi !ori i rnrr( :4'!nu t/t: c tjuG% tinct nr i ul! our crj"ltCi +i v' as,,.vaat z J RECEIVED NamC of OWnCr: /.BA Filcl.' ZONING BOARD OF APPEALS REASONS FOR APPEA1, !J'l,'acu h, Specific, a�dlitiotee a7l shts ntcn" he Its�d ttilh pr(parer's si�;nawro notari.rd): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearbv properties if granted, because: Replacing Deck -in place in kind 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than aft area variance, because: Deck replacement needs to be done 3. The amount of relief requested is not substantial because: Pre -Existing 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Pre -Existing 5_ Lias the tilevcd difficulty been seifcreated? ; } Yes, orj/No Wily: Pre -Existing Deck Are there any Covenants or Re.trictions concerning this land? j/No { ; Yes (please furnish a copy) 'I his is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the ncighborhoed and the Itealth, safety and welfare of the community. 14 �j LYi a hc.ore rnr this r, Ort Notir, Nuhli: we of Applicant or Authorized mum submit written ,luthortz.dton trom VICKI TOTH Notary Noo. ON6190of 696� York Qualified in Suffolk COW � Commission Expires July 28, 2$ i • S APPLICANT'S PROJECT DESCRIPTION APPLICANT: Lewis Teperman DATE PREPARED: 12/4/14 1. For Demolition of Existing Building Areas Please describe areas being removed. E=xisting Rear Deck �(�a RECEIVE[ Ur 014 II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ZONING BOARD OF APPEALS 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: M. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Replace existing Deck Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1600 Proposed increase of building coverage: one Square footage of your lot: 27 Acres Percentage of coverage of your lot by building area: 25% V. Purpose of New Construction: Replacing existing deck in place in kind 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): Flat to heavy slope bluff 25% property 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. 412012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED) A. Is the subject prem es listed on the real estate market for sale? OO (' Yes No B. Are there any proposals to change or alter land contours? ZONING BOARD OFAPPEALS No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? Yes 2.) Are those areas shown on the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. 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? NO 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? No If - yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. 1. Please list present use or operations conducted at this parcel Existing Single Family and the proposed use Single Family (ex: existing single family, proposed: same with garage, pool or othcr) Il4 1 �6orized signature and ate AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD (.14a(P i2ECEIVEC ZONING BOARD O: 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 239a of the General Municipal Law. 1. Name of Applicant: James DlinkiewicZ 2. Address of Applicant: PO Box 591 Shelter Island Heights 3. Name of Land Owner (if other than Applicant): I pwi_s leperman 4. Address of Land owner: 1225 Aquaview Avenue East Marion NY 11939 5. Description of Proposed Project: Replace existing rear deck in place in kind 6. Location of Property: (road and Tax map number) 1225 Aquaview Ave 1000-021-02-016 7. Is the parcel within 500 feet of a farm operation? { } Yes M No 8. Is this parcel actively farmed? { ) Yes V No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) / L l(r,_l /V 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. W 617.20 Appemkv B Short F.nvironnienta! Assessment Form RECEIVED Instructions for Completina 0EC � /1ii4 Part I - Project Information. The applicant or project sponsor is responsible for the completion o`30' MG S tAMsOF APPEALS beeomc part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part I based on information currently available. if additional research or investigation would be needed to 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 I - Project and Sponsor Information Name of Action or Project: Teperman Project Location (describe, and attach a location map): Brief Description of Proposed Action: Remove existing deck and replace in place in kind Name ol'Applicant or Sponsor: Telephone: 631-445-7324 James Olinkiewicz E; -Mail: - _ _ jimolink@aol.com Address: PO Box 591 city/60 State: Zip Code. Shelter Island Heights NY 11965 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance. NO YFS administrative rule, or regulation! If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that J may be affected in the municipality and proceed to Part 2. if no, continue to question 2. 2_ Docs the proposed action require a permit, approval or funding from any other governmental .4'ency? NO YES If Yes. list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? Zf acres b. Total acreage to be physically disturbed'? _oni acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? .27 acres 4. Check all land uses that occur on, adjoining and near the proposed action. o Urban I i Rural (non -agriculture) ❑ Industrial r i Commercial VResidcntial (cuhurban) D Forest 17 Agriculture ❑ Aquatic o Other (specify): u Parkland Page i ol'4 E AIVEV"&&20�K0 (l lr r b fi H L' 3. Is the proposed action, . -NO a. A permitted use under the zoning regulations?� BONING BOARD OFAPPE b. Consistent with the adopted comprehensive plan'? YES NiA 14_.._ Vy V 6. Is the proposed action consistent with the predominant character of the existing; built or natural landscape? NO YES _ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Arca? If Yes, identify; NO YLS 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Arc public transportation scrvice(s) available at or near the site of the proposed action? c. Are any pedestrian accximmodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing publiclprivate water supply? if No, describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing w.ntewater treatment: _ NO YES NO YES 12_ a. Docs the site contain a stntcture that is listed on either the State or National Register of !-Historic Places? b. Is the proposed action located in an archeological sensitive :area? NO YES 13. a. Dock any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodics regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or watcrbody? If Yes, identify the wetland or waterbody, and extent of alterations is syuarc feet or acres: 14. id�ttify the typical habitat types that occur on, or are likely to be found on the project site_ Check all that apply: Shoreline ❑ Forest ❑ Agricultural1grasslands ❑ Early mid -successional O Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species ofanimal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 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? I f Yes, a_ Wiil storm water discharges flow to adjacent properties? 4NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (nttlpff and storm drains)? If Yes, briefly describe: NO ❑ YES NO 1'h.S Page 2 of •1 L] E 18. Docs the proposed action include construction or other activities that result in the impoundment of NO YIS water or other liquids (c.g. retention poral, waste lagoon, conn)? impact may occur impact may occur 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 mana- ,gentenl facility? If Yes, describe: _ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? NO YES 5. Will the proposed action result in an adverse change in the existing level of traffic or If Yes, describe: affect existing infrastructure for mass transit, biking or walkway" I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURA'T'E TO THE BEST OF MY KNOWLEDGE Applicant sponsor name: _ 71-(A t? Date - Signature: J Tart 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 I 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'?" RECEIVED �o� No, or small Moderate to large ZONING i3{)ARD OF APPEA impact may occur impact may 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 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" the proposed action cause an increase in the use of energy and it fails to incorporate L6:.Will reasonably available cncrury, conservation or renewable c�rrc-n_ opportunities? 7_ Will the proposed action impact existing: a. public . private water supplies? b. public ; private wastewater treatment utilities? S. Will the proposed action impair the character or quality of important historic, archacological, architecaural or aesthetic resources? 9. Will tax; proposed action result in an adverse change to natural resources. (e.g.. %vetlands, w'aterbodics, groundwa(er, air quality, llort and fauna)? Pa,,C 3 of'I • • 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 ol'the proposaf 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. F'ach 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 tenn and cumulative impacts. RECEIVED DEC R 2 M ZONING ROARE, ()F AppEALS uus oox a you nave determined, based on the intormation 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. o 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 em ironmcnual impacts. Name of lead Agency -- Pale Print or Type Name of Responsible Officer in Lead Aoency Title of Responsible Officer _ _— Signature of Responsible Officer in Lead Agency Signature ot'Prcparcr (if ditrcTrni from Responsible Officer) Pa -e 4 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 ol'the proposaf 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. F'ach 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 tenn and cumulative impacts. RECEIVED DEC R 2 M ZONING ROARE, ()F AppEALS uus oox a you nave determined, based on the intormation 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. o 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 em ironmcnual impacts. Name of lead Agency -- Pale Print or Type Name of Responsible Officer in Lead Aoency Title of Responsible Officer _ _— Signature of Responsible Officer in Lead Agency Signature ot'Prcparcr (if ditrcTrni from Responsible Officer) Pa -e 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ftECEIVE�/ ?� DEC 4 9014 ZONING BoAkE> (:)i APF - ,LS 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 : Lewis Teperman (IAst 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) Tax grievance Variance X Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES �M 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 applicauttagent/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 this 61-kd f C " ' 20A Signature Print Name ewis Teperman • • RECEIVED e 0, (j DEC: 9 ?0'14 AG ENT/REPRES ENTATI V E TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : James Olinkiewicz (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) Tax grievance Building Permit Variance X Trustee Permit _ Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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 this Z-" day of NOV Uoe , 20 Signature Print *e;/ James Olinkiewicz Town of Southold L«'RP CONSISIT:N(T ASSI':SSNIFNT FORM A. INSTRUCTIONS It4-V RECEIVED DEC: 9 nm ZONING BOARD OF APPEALS I. All applicants f6r hermits* including; Town of Southold agencies. shall complete this CC.aF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. 'nis assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. 'Eveept mino1" e.L"C'lllF)/ aciioiLv 171C1l1[IJ1Jg Buililing Permits 6117C10/her ministerial lk'171111.5 my locatetl within the ('6(wi l Erosion Hezarcl Aped. 2. Before tinswcring 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 Watertront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and Averse cf7ccts Upon the coastal arca (which includes all of Southold Town). 1 If any question in tectioit Con this kwni is answered "yes", then the proposed action may affect Ilio achievement of the l MRP policy standards and conclitions contained in the consistency review law. Thus, tits action should be analyzed in more (Ictail and. if necessary, mod, Iled prior to making a dcterrnination 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 conclitions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (soutlioldtown.nortlifork.net), the Board of "Trustees Office, the Planning Department, all local libraries and the "town ('lerk's office. R. 1)ES(71ZIPTION OF SiTC AND PROPOSED ACTION SCTM# 021 - 02 - 016 The Application has been submitted to (check appropriauc response): 'town Board FT: Planning llept. Building 1)ept. V Board of Trustees I . Category of"Town of'Southold a-1cncv action (check appropriate response): (a) Action undertaken directly by Town agency capital 0 construction, plannin`y activity', a�acncy rc�aulatiom. land transaction) (h} financial aseistCtnc:c (c.2. "Mill. 10an. subsidy) (c) Permit. approval, license. ccrtilicatiow W Nature and extent of action: Remove and replace deck in place in kind • Location ofawtlon: 1225 Aquaview Avenue East Marion Site .27 Present land usc: Residential RECEIVED -- - — 9-M41 ZONING -BOARD OF APPEALS Present zoning; classification: 2. If an application for the proposed action has been filed with the 'km"n of Southold agency. the following intormation shall he provided: (a) Name ofapplicant: (b) N'lailing address: (c) Telephone number: Arta Code ( ) (d) ,application numhcr, 1fany: Will the actions he directly undertaken, require funding, or approval by a state or Ueral -tgency:' Yes No Lel I I Ives, which state or federal agency? DEVELOPED COAST POLICY Police I. Foster a pattern of development in the *town of Southold that enhance comnutnitV. Character, preserves open space, makes efficient use of infrastructure. makes beneficial use of a coastal location, and minimizes adverse effects of development_ See 1_.WRP Section III — Policies, Page 2 for evaluation criteria. Yes I No � (Not Applicable - please explain) Attach additional sheets if necessary _ Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111 — Policies Pares 3 through U for evaluation criteria _� Yes �IrNo LYJ (Not Applicable — please explain) Existing House :lttacf: additional �hccts it nr�csan Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. Sec: LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes jr_,� No (Not Applicable- please. explain)/� (p Pre-existing _--__-__ RECEIVED — - - - __'OEC , 7,914 — �bNING BOARD OF APPFnt c Athich additional sheets ifncccssarr NATURAL COAST POLICit S Policy 4. Minimize loss of life, structures, arid natural resources from flooding and erosion. See LWRP Section [11 - Policies Pages 8 through 16 for evaluation criteria LLI Yes '= NOW (Not :applicable - please. explain) Pre-existing :Attach ,additional sheets ii'mcessmN _ Policy 5. Protect and improve water quality and supply in the ']'own of Southold. See LWRP Section I li - Policies Pages 16 through 21 for evaluation criteria J r� ' I Yes No W (Not Applicable - please explain) Pre-existing \Uaeh additional shects if ne cssary Policy 6. Protect and restore the duality and function of the Town of Southold ecosystems including Significant Cowstal Fish and Wildlife habitats and wetlands. See LWIM Section III -- Policies; Pages 22 throu;;h 32 for evaluation criteria. I- Yes L 'd No;,e (Not :applicable - please explain) pre-existing 0 \trach additional sbects it nccessarn 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 Scction III — Policies Pages; 34 through 38 for evaluation criteria. Yes No q (No( applicable please explain) Pre-existing RECEIVED --- } 2014 ZOWNG-SOARD OF APPEALS Attach additional sheets iPnceessan• Policy 8. NE1. imize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See 1,1VRP Section 111 -- Policies, Pales 3.1 through 38 for evaluation criteria. Yes ) i (Nut Applicableplease explain) Pre-existing PUBLIC COASTPOLICIES Policy 9. Provide ror public aeeess to. and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section 111 — Policies; Pages 38 thronl;h 46 for evaluation criteria. Ld Ye -O NoW-J (Not Applicable — please explain) Pre-existing :Attach additional sheets it neccsi�ar; IVOIWNC COAST POLICES 0 0 Poliev 10. Protect Southold's water -dependent uses and 131-01,10te Siting of iiew water -dependent uses in Suitable locations. See I-XV111' Section III - Policies; Pages 4"? through 56 for evaluation criteria. Yes 140 (Not Applicable -- please e-%I)I;tin) Pre-existing -�90 0< -1 -----RECEIV D ZONING OARD OF APPEA'S Altachadditionil sheets if necessary Policy 11- Promote sustainable use of living marine resources in Low, Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes F-1 No No( Applicable - please explain Pre-existing ..%unch additional slwcts ifnCCCASaiv Policy 12. Protect agricultural lands in the Town of Southold. See LNVRP Section III - Policies; Pages 62 diroucyli 65 for evaluation criteria. Yes l :No L- Nol Applicable - please explain Pre-existing Allachadditional shrrts it ncces.;aM Policy 13. Promote appropriate use and developineW of energv and mineral resources- See I,WRP Section I II - Policies; Pages 65 through 68 for evaluation criteria. ?I Yes No NJ, Not Applicable - please explain Pre existing 0 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I� Lewis Teperman (Print property owner's name) NY 11939 0 0a�0 RECEIVED DEC q 'r?p4 ZONING Q(�AkL) qj•. Af4'� ALS residing at 1225 Aquaview Lane, East Marion (Mailing Address) do hereby authorize James 01inkiewicz (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (O er's Signature) Lewis Teperman (Print Owner's Name) or • FORM N0. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY P (o'?.2- RECEIVED DEC 9 2014 ZONING 80ARD OF APPEALS No: Z- 6793 Date: 05/03/04 THIS CERTIFIES that the building DWELLING Location of Property: 1225 AQUAVIEW AVE EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 21 Block 2 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 7, 1975 pursuant to which Building Permit No. 7685-Z dated JANUARY 9, 1975 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 * *NOTE: THIS IS A DUPLICATE ORIGINAL OF CERTIFICATE OF OCCUPANCY ISSUED ON NOVEMBER 28 1975. The certificate is issued to FRANK J. & MYRA K. SALAMONE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF SBALTH APPROVAL 5 -SO -3 11/26/75 ELECTRICAL CERTIFICATE NO. N-251162 10/20/75 PLUMBERS CERTIFICATION DATED N/A r 7 9 e, � 9I� � ri orized gnature Rev. 1/81 0 No: Z-33192 FORM NO. 4 • TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building AS -BUILT ALTERATION RECBIVISI , _6 h ZONING BOARD OF APPEALS Date: 08/05/08 Location of Property: 1225 AQUAVIEW AVE EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 21 Block 2 Lot 16 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 14, 2007 pursuant to which Building Permit No. 32906-Z dated APRIL 16, 2007 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 AS BUILT ALTERATIONS INCLUDING FRONT ENTRY TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to LEWIS & HELAINE TEPERMAN (OWNER) of the aforesaid building. SUFFOLK COUNTY DBPARTMENT OF HEALTH APPROVAL N/A ELSCrRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 2042478 05/26/05 08/23/06 MATTITUCK PLUMBING /,111tho)e1zed gignature ONO 4''Of �� • , • �, �' • 0• , • i •iii i••� i• ! / I of IF t 4� iif ' AI f �� v r"` 4 �► i "�low&kr* ,�...mw r W �7 , � iJ « . 40t• 'A- i ►'� ` �«r V R_. ,�...mw r W �7 , � iJ « . 40t• 'A- i ►'� ` �«r V m �� Y'ok��s w IF �tECEIVEV- Iwo *— Ak IN - 04 .,� r � 71n Ws, • 2 0 5OARD Of F i TMs. 0 TOWN '41F SOUTHOLD PROPERTY RECORD CARD • �, r ��STREET. • � {Illi 0 .� F �. EN • �� t i• �� • lM 1763. Value K EMMA n ' f � t ♦ i i a' # Y r _ - HAM' tt 7 i ll TI �� / /V1YIt ■ �� i jRAX&M illIgm s FARM L NOR Acre I Value Per_� m� s Acre m &WAZ i;11 ■fj ON WATER .d ' •NTAGE -ON • • . r 1 TillableFRONTAGE .... . land DEPTH House Z�t ��BULKHEAD . .� •� AppEA - Total DOCK O, _ pp "Mz:::- � `� 0 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER O�Og�fFO��►coG o� y� ca Z Oy� • Ol.F 0 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 17, 2014 RE: Zoning Appeal No. 6826 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov Transmitted herewith is Zoning Appeals No. 6826 for Lewis Teperman-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, Applicant/Owner Transactional Disclosure Form, Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval to Olinkiewicz Contracting Inc. Dated September 29, 2014/Renewed December 9, 2014, Board of Zoning Appeals Application Authorization from Lewis Teperman for James Olinkiewicz, Certificate of Occupancy for No. Z-6793 Dated May 3, 2004, Certificate of Occupancy for No. Z-33192 Dated august 5, 2008, 9 Pages of Photos, 2 Pages of Town of Southold Property Record Card for Tax Map No. 1000-21.-2-16, A Letter from John T. Metzger of Peconic Surveyors to James Olinkiewicz Dated December 10, 2014, Drawing by Sherman Engineering & Consulting Dated November 19, 2014. 11 ***RECEIPT*** Date: 12/16/14 is Receipt#: 179472 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6826 $500.00 Notes: Payment Type Amount CK #513 $500.00 Name: Teperman, Lewis 200 E. 32nd Street 35b New York, NY 10016-6306 Paid By Olinkiewicz Contracting Total Paid: $500.00 Clerk ID: SABRINA Internal ID: 6826 I MAY 04 104 02:30PM SOUTHOLD BUILDING 631_7(5,9562 4 TOWN OF SOU' HOLD BVILDIM DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CBRTIFICATR OF OgCUPANCy No: Z- 6793 THIS CMTIFIZO that the. building DKZLLIN© P.1 0xCx9vx FEB - § 1015 B Y.- - - � KI'L Dates _OSZ63Z9�} Location of Propenyl 1225A uAVI_tsW AVE AS ARION (HOUSE NO.) (STRR$T) (RAMLET) County flax Map No. 473889 Section 21 Black 2 Lot 16 subdivision �. Filed map No. Lot No. Conforms sub"Ant"'Ily to the Appliaatian for Building Permit heretofore filed in this office dated JAWARY 7, 1975 pursuant to Whiah Building Permit No. 76$5-Z dated .7ANVARY 9, 1975 was issued, and conforms to all of the requirementa of the applicable pxovigions of the law. The aocupangy for which this certificate is iesued is Old FAMIL'St DWBLLMG * MOM THIS 18 A DUPLtCAT$ ORIGXNAL OF CERTIFICATE OF OCCUPANCY ISgop ON NOV$MBHR 28, 1975. The cextifiaatq is issued to BRANK Z. &_1NYRA K. SALAMONE (OWNER) of the aforesaid building. MMYOLK COQ DEPARTMRNT OF XMUaH APPROVAL 5-80-8 11 175 BLECTRIC',AL CBRTIFICM No. PLUMBER& CERTIFiCA9 ON DATED Rev.. 1/81 N-251162 10/20/7 NIA f— r - oxizea gttatuxe '02/2612004 14:54 6317347955 FAHN REALTY YOM NO. a T"F14 OF SOL"OLD pulLDINQ dSpAOMINT ' To" CLSI k s OFFICA SOUTHOI.U► K'Y• BUILDING PERMIT ('CHIS �.&M17 MUSY BE KEEri dN 1HE PREMESPS UltiTtl. 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ANY ALIERAIM M AGMMON 70 IM SRWY IS A NaA"aV � P CONIC SUR OF SWIM 7=W JW NEW MW STATE EDIIC4WN LAW (631) 765-5020 FAX FdIIDFPT AS Pat RC1>LtV 7209-Su9aMSM 2 Au c1ERmcmms P.O. BOX 909 hrllEl7t/ ARE m D Fm TICS IMP AND CO DAM n,sEwor ONKY IF a–momuNIENT 1230 7RAWELM STRU SAD YAP GK'S RM 7W SEAL OF 7W SURWYUR VM AFMANS AINEaK • =PIPE SOUTNOiO, N. Y. 11971 M110.5E Si�NA 1797 ! IL ` ,a APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF MAY 20,1999 Appl. No. 4676 - ALBERT PALUMBO 1000-21-2-14 STREET & LOCALITY: 1095 Aquaview Avenue, Fast Marion DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: The applicant's property is located along the north side of Aquaview Avenue, East Marion, with frontage along the Long Island Sound. A site plan map prepared by Zivkovic Associates, Architects, P.C. dated 11-3-98 shows an existing one-story frame dwelling, a separate stairway leading from the top of the bluff to the beach and accessory shed at the beach area. BASIS Of APPLICATION: Two Building Inspector's January 12, 1999 Notices of Disapproval citing Section 100-239.4A(1) for a proposed deck 10 feet from the bluff and citing Section 100-244 for a proposed deck with side yards at less than the required 10 ft. and 15 ft. (25 ft. combined). AREA VARIANCE RELIEF REQUESTED: Applicant requests a new deck 28.2 feet wide at the north end of the dwelling, with a setback from the top of the bluff at 10 feet and side yards at 10.4 feet and 11 feet (combined sides 21.4 feet), at the closest points as shown on the site plan dated 11-3- 98 prepared by Zivkovic Associates Architects, P.C. OTHER INFORMATION AND EVIDENCE: The Board held a public hearing on this matter, noticed pursuant to Chapter 58, and at written and oral testimony were presented. Based on the testimony and documentation presented to the Board and other evidence, the Board of Appeals finds the following findings of facts to be true and relevant: 1. Applicant initially sought permission to construct a 15 ft. by 28.2 ft. deck addition 10 feet at the closest point from the top of the bluff, with proposed side yards of 10.4 feet and 11 ft. instead of the required 10 ft. and 15 ft., or 25 feet combined. 2. The Suffolk County Sal and Water Conservation District conducted a site inspection of the property, and in an April 30, 1999 letter to the Board of Appeals noted that: v Fane 2 - May 20, 1999 ( 4W6TOo�, ,Apps. No. 4676 - A. Palumbo (1000-21-2-14) a. The bluff lot appears to be Ina somewhat prod cove. b. The deck addition will slightly increase Me amount of runoff that flows over tfie bluff face. c. The ground below the deck should be protixted from runoff, by for example, a gravel base. 3. After review of the Soil and Water Conservation District report, the applicant offered to reduce the size of the deck addition from 28.2' wide to 17'6" wide, and from 15' depth to 12'6" in depth, all in accordance with a drawing submitted May 20, 1999 by Brian Connolly, Architect. The deck addition to be located on the northwest comer of the house will eliminate the need for a side yard variance. REASONS FOR BOARD Atr iION, DESCRIBED BELOW: Based on the testimony and record before the Board, and personal inspection, the Board makes the following findings: Grant of alternative relief described herein will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the applicant's deck will not extend beyond the existing nonconforming side yard setback. There was no evidence presented to suggest that the deck addition, as amended, would have any adverse effect on nearby properties. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursuant, other than a variance, because the setback to the top of the bluff are nonconforming with respect to the existing single-family dwelling, and no addition is possible without a variance. 3. The variance is substantial in relation to the code requirements. 4. The alleged difficulty has not been self-created and is due to the preexisting nonconforming location of the single-family dwelling on this lot. 5. The variance as proposed will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood because the deck addition is modest in size, and the conditions hereby attached to this approval will mitigate potential runoff from the deck as noted by the Soil and Water Conservation report. In considering this application, the Board deems this action in be the minimum necessary and adequate to enable the applicants to enjoy the benefit of a new deck addition, while preserving and protecting the character of the neighborhood and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Dinizio, it was RESOLVED, to GRANT relief as alternatively agreed and applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the ground below the deck be proteected with a gravel base. 2. That any service runoff shall be redirected away from the bluff, toward l Page 3 - May 20, 1999 Appl. No. 4676 - A. Palumbo (1000-21-2-14) the road. 3. That the deck shall be set back at a minimum of 12'6" to the tap of the bluff at its closest point. VOTE OF THE BOARD: AYES: GOEHRINGER, DIN ZI TORA, HORNING. (MEMBER COLUNS WAS ABSENT.) THIS RESOLUTION WAS D (4,i} --GERARD P. GOEHRINGER CHAIRMAN Far Filing on 5/24/99 RECEMD AND FILED SY THE SOUMO,D T-OwN CLQ DATE sla�11� HOUR 10010 �y _,1—"/7 7 .,Oe Tovm. Clark, Town of Southow - oC / 67 34ecxrn6+'uc *-m ,q e ck 16 ' q.,e. for o, 44 61v#. firfc �� sec caSd— //A A Cxwi bipied. Side a�C. is a 1/1 be rax A4 xX Sec y� sec a.qo- js(f-) off V,?/t"f A701 Y W/c" 410hr BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.nordifork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 EC 11VED �.3 A 2 5 2014 So rho! Q,�'� d Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 17, 2014 ZBA FILE: 6734 NAME OF APPLICANT: Albert Palumbo PROPERTY LOCATION: 1095 Aquaview Ave., East Marion, NY SCTM# 1000-21-02-14 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 February 25, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 2, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non -conforming 11,186 Sq. ft. lot in the R40 zone. It is improved with a one story dwelling with attached deck and accessory shed. It has a deck at the top of the bluff with stairs to the beach and an accessory building on the beach. It has 60.00 feet of frontage on Aquaview Avenue, 229.59 feet along the west property line, 40.96 feet on Long Island Sound and 242.01 feet on the east property line as shown on the survey prepared by John Metzger, LLS dated February 5, 2014. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116A(l) and Article XXIII Section 280-124 and Section 280-15(F) and the Building Inspector's January 30, 2014, amended February 25, 2014 Notice of Disapproval based on an application for building permit for reconstruction of a deck to a roofed over addition to existing single family dwelling and existing shed, at; 1) less than the code required setback of 100 feet from the top of bluff, 2) less than the code required combined side yard setback of 25 feet, 3) existing shed at less than the code required front yard setback of 35 feet and less than the code required side yard setback of 5 feet RELIEF REQUESTED: The applicant requests variances to: 1) reconstruct and enlarge an existing deck with a new proposed roof over at a setback of 16 feet from the Top of Bluff where the Code requires a minimum of 100 feet, and 2) the same proposed deck having a minimum of a 21 foot combined side yard setback where the code requires a combined minimum of 25 feet. 3) to maintain the location of a 53 square foot as -built shed having a 20.2 foot front yard setback where the code requires 35 feet and 4) to maintain the same shed having a 2.8 foot side yard Page 2 of 3 — April 17, 2014 ZBA#6734— Palumbo SCTM#1000-21-2-14 setback where the code requires 3 feet. All as shown on the Survey and Site Plan of proposed construction, prepared by John T. Metzger, L.S. dated February 5, 2014, and the architectural drawings prepared by Eileen Santora, Designer, dated 12/30/13, drawing number 410, 1 of 1. ADDITIONAL INFORMATION: The subject parcel, under ZBA Appeal #4676, was granted a variance for a 12.5 foot setback from the Top of Bluff to the existing subject deck and a variance for a 21.4 foot combined side yard setback. A letter of response from Suffolk County Soil and Water, dated April 2, 2014, stated that "Upon inspection of the existing structure there appears to be no resource concerns." They recommend that in order to maintain the integrity of the bluff, storm -water runoff from the new roof structure must be directed away from the bluff. Additionally, during construction, consideration to inhibit erosion must be considered and they recommend the installation of gravel under the deck to help protect from runoff. There are letters from neighbors indicating support of variance relief for the proposed work and location of the as -built shed. At the public hearing the applicant submitted photos of other waterside decks with non -conforming bluff setbacks and accessory sheds and garages in front yards in the subject neighborhood. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 3, 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-bMffif l). Grant of the variances for the reconstruction, enlargement and roof above the existing deck will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, because the proposed deck addition will be characteristic to what other dwellings in this neighborhood have constructed. Grant of the variances to maintain the as -built shed will not produce an undesirable change in the character of the neighborhood, because the as -built shed is small (53 s.f.) and is located in an area screened by hedges and evergreens. 2. Town Law 6267-b@A)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance for the proposed deck reconstruction and addition. The dwelling exists within the 100 foot Top of Bluff setback, therefore any proposed construction seaward of the existing dwelling will require a Top of Bluff setback. The subject parcel, under ZBA Appeal #4676, was granted a variance for a 21.4 foot combined side yard setback. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance for a front yard setback for the as - built shed. The parcel has a narrow front yard with a 41.5 foot front yard setback to the existing dwelling, which limits the conforming locations to where a shed can be located that will not place it very close to the dwelling or block either side yard access. The front yard is mostly gravel driveway and parking. There is no garage or accessory structure for storage. This is the only practical location for the `as built' accessory shed, in this front yard, so as not to constrict vehicular ingress, egress and parking. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance for the as -built sheds non -conforming side yard location. The applicant could move the as -built shed 0.2 feet (2.4 inches) to a conforming side yard location. However, this non -conformity is de minimius in nature. 3. Town Law &267-b(3)(b)(3). The variances granted herein for a 16 foot "Top of Bluff' setback and a 21 foot combined side yard are mathematically substantial, representing 94% and 16% relief from the code, respectively. However, the parcel was previously granted variances for a "Top of Bluff' setback at a minimum of 12.5 feet (to the subject existing deck) and a combined side yard of 21.4 feet in ZBA Appeal #4676, which mitigates the substantiality. The variance granted herein for a front yard setback to the subject as -built shed is mathematically substantial, representing 42% relief from the code. However, the as -built shed is small, and well screened from the road. The variance granted herein for a side yard setback to the as -built shed is not mathematically substantial, representing 6% relief from the code. Page 3 of 3 — April 17, 2014 ZBA#6734 — Palumbo SCTM# 1000-21-2-14 4. Town Law 526740M(4) o evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The new reconstructed deck will be further from the top of bluff then previously granted. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and follow the recommendations of the Soil and Water letter dated April 2, 2014. 5. Town Law $267-b(3)(b)(5). 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 8267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining an as -built shed in its as -built location and the reconstruction of a deck with a roofed over 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 267-13, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried, to GRANT the variances as applied for, and shown on the Survey and Site Plan of proposed construction, prepared by John T. Metzger, L.S. dated February 5, 2014, and the architectural drawings prepared by Eileen Santora, Designer, dated 12/30/13, drawing number 410, 1 of 1. Subject to the following conditions; CONDITIONS: 1. The ground below the deck shall be protected with a gravel base. (as per Appeal #4676) 2. Storm -water runoff from the new roof structure over the deck must be directed away from the bluff. 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. Vote of the Board. ayes. Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes This Resolution was duly adopted (5-0). Leslie Kanes Weism ,Chairperson Approved for filing l /�! /2014 I ISLAND SOUND LONG ISLAND SOUND --_LONG - I ! CONSTRUCTION DOCUMENTS it FOR -__�__� Y WOOD DECK REPLACEMENT 1 ! i mill FOR i ; I 4 RICHARD & NORA/ A. MOELLER ! o t !, I mr.Yme.m. 1w ' ' E4 AT �--�--- - _ ..� AQUAVIEW AVENUE aw'wN�i�e. ! QUUX Vj qq -- EAST MARION, N.Y. PROJECT NO. 09101 AUGUST 10 2009 �� ! ! M 49041.- � Q(/qy�� n 3�J�. �ood 1 F]I1571N0 61Tfi .fuc Mlm M�NII1V9Y 9YNIOil1b[YNIIUK YL IlflXlYD IAM.t.1YfYCM. wnn ■rtlea,xm, �^ .� i PROPOSfiD SNE PIAN urwu. r� �Wi0[W A IIAYEY OY NtlIV9tlt V/VI NM1.PL LIOI�pINOPM4Yp18. urouwe m nn. DRAWINP INDEX SITE INFORMATION-- M0. DYA'11MU'!!08 ■BVZ( NM k DA35 �Y � �.k� �tC� is r e e .-�- - AA DRAWNO INDEX& SITE PIANS 09.10.01 S.tT.M.NO, iOD0.0213.19 AD TASIF.S.CWIRTSSSCNEDULEB 09.10.01 _ LOT SRE: 13&41 S.F. _ A•4 PIANS, ELEVATIONS& DETAILS 0910.0/ Page 2 of 4—Jaeuary 5, 2012 ZBA File#6524 • Moelkr CTM: 1000-2] Z-15 BASIS OF APPLICATION: - Request for Variances from Art. XXII Section 280-116A(1) and Article XXIII Section 280-124 and the Building Inspector's November 1, 2011 Notice of Disapproval based on an application for building permit for as built deck addition, at; 1) less than code required 100 foot setback from top of bluff, 2) less than the code required side yard setback of 10 feet. RELIEF REQUESTED: The applicant proposes to maintain the subject 16'x14' deck constructed under a 1985 building permit #14245Z (C.O. #Z13839) and reconstructed in 2009 without the required building permit(s), thus subjecting the deck reconstruction to the "as -built' status requiring area variances for; 1) a 27 foot setback from the top of bluff where the Code requires a 100 foot setback, 2) an approximately 6 foot (5.83 feet) side yard setback where the Code requires 10 feet. ADDITIONAL INFORMATION: A letter dated November 22, 2011 from Suffolk County Soil and Water referencing a site inspection of the subject parcel concluded that " Overall the deck is not having a significant impact on the stability of the bluff. Approximately half of the impervious area could be contributing runoff toward the bluff edge but the bluff is currently well stabilized and not showing any signs of erosion" Suffolk County Soil and Water made the following recommendations: a drywell be installed to accept the runoff from the downspout on the northwest corner of the dwelling, there are two downspouts on the east side of the dwelling out letting directly onto the adjacent property, drywells for these two down spouts would eliminate impacting the neighboring property. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2011 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 6267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck was constructed in 1985 and exists in its 2009 reconstructed as -built status without creating any undesirable change in the character of the neighborhood or detriment to nearby properties. Waterside decks with non -conforming setbacks from the bluff exist in this neighborhood. The applicant's deck is not visible from the street and is well -screened by landscaping and vegetation from the adjoining neighbors property. 2. Town Law 8267-b(3�)(2). The benefit sought by the applicant cannot be achieved by some Page 3 of 4— January 5, 2012 ZBA File#6524 - Moeller CTM: 1000-21-2-15 3. Town Law 6267-6(3)(b)(3). The variances granted herein are both mathematically substantial. The 27 foot "top of bluff' setback requires a 73% relaxation of the code required 100 foot setback and the 5.83 foot side yard setback requires a 42% relaxation of the code required 10 feet. The substantiality of the granted variances are mitigated by the acknowledgement that the subject deck legally existed under permit #14245Z (C.O. #Z13839), was reconstructed in place and in kind and does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to the subject deck. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The letter from Suffolk County Soil and Water dated November 22, 2011 indicated that "The bluff face is well established with vegetation and there are currently no signs of any significant erosion at the site. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant reconstructed the subject deck without the benefit of acquiring a building permit. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstructing a deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Survey of the subject parcel prepared by Michael K. Wicks, L.S. dated Sept. 28, 2009, and the Architectural Drawings, sheets A-1, A-2, A-3 prepared by Mark S. Advocat, R.A. dated 05/20/08, revision dated 08/10/09 Conditions: 1. Create a 5 foot wide Landscaped Buffer, as defined in Section 268-3, from the top of the . bluff line landward towards the Coastal Erosion Hazard Line for the width of the parcel. 2. Install drywells for all downspouts on the dwelling as per Suffolk County Soil and Water and LWRP recommendations. 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 given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration than does not increase the degree of nonconformity. Page 4 of 4 — January 5, 2012 ZBA Fik#6524 -Moeller CIM: 1000-21-2-15 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dinizio, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing / / /p /2012 N i Revision * Date: 2/4/2015 LOW ISLAND I I I— 1 - -_- " i — — -1PMX. WTTOM T BUFF I I I i I I I — l I I . I I I / an EL 12 p� k Fl� Flat a24 ELW ELW ELW a32 a34 a ELW a40 a42 EL 44 APnWX TOP OF MIJIF DbTW PRIVET - I•F11 III I F iiiii,i w I I 2 - 5TORY RE5VENM � I I f I I I ! I 1 I I II I I I I I � I 1 f � I I AQj j Landscape Plan: 2-2-15 Teperman Scale: Landscape Design by: David Cichanowicz xxwxv Creative Environmental Design r January 29, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, PO Box 1179 Southold, NY 11971-0959 0 Albert and Donna Palumbo 1095 Aquaview Avenue East Marion, NY 11939 Re: Lewis Teperman #6826 Request for Variance — Bluff Setback SCTM#: 1000-21-2-16 1225 Aquaview Avenue East Marion, NY 11939 Dear Zoning Board Members: I am a resident of Aquaview Avenue and a neighbor of Lewis Teperman. I am in support of the Teperman's Request for Variance # 6826 that is before the Board on February 5, 2015 and am in agreement with and have no objection to the reconstruction of the existing deck, in kind and in place. Regards, Albert Palumbo RECEIVED FF E' 0 3 i -i<, BOARD OF APPEALS January 29, 2015 995 Aquaview Avenue East Marion, New York 11939 Town of Southold Zoning Board of Appeals 53095 Main Road, PO Box 1179 Southold, NY 11971-0959 Re: Lewis Teperman #6826 Request for Variance — Bluff Setback SCTM#: 1000-21-2-16 1225 Aquaview Avenue East Marion, NY 11939 Dear Zoning Board Members: We are residents of Aquaview Avenue and are neighbors of Lewis Teperman. We are in support of the Teperman's Request for Variance # 6826 that is before the Board on February 5, 2015 and are in agreement with and have no objection to the reconstruction of the existing deck, in kind and in place. Regards, n Steven D. Axelrod and Sandra L. Schpoont January 29, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, PO Box 1179 Southold, NY 11971-0959 Re: Lewis Teperman #6826 Request for Variance — Bluff Setback SCTM#: 1000-21-2-16 1225 Aquaview Avenue East Marion, NY 11939 Ll k U'%a)o RECEIVED ; BOARD OF APPEALS Dear Zoning Board Members: I am a resident of Aquaview Avenue and a neighbor of Lewis Teperman. I am in support of the Teperman's Request for Variance # 6826 that is before the Board on February 5, 2015 and am in agreement with and have no objection to the reconstruction of the existing deck, in kind and in place. Regards, AL and Peg Jespersen 1155 Aquaview Ave, East Marion, NY Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 • http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE • Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 5, 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 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, FEBRUARY 5,2015: 1:15 P.M. - LEWIS TEPERMAN #6826 - Request for Variance from Article XXII Section 280-116 and the Building Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for building permit to reconstruct a deck, at; 1) less than the code required bluff setback of 100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-2-16 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: January 12, 2015 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 0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD2, NEW YORK AFFIDAVIT OF .In the Matter of the Application of MAILINGS Lewis Tepetman (Name of Applicants) SCTM Parcel # 1000- 21.-2-16 COUNTY OF SUFFOLK STATE OF NEW YORK I, James Olinkiewicz residing at 5 Dickerson Drive, Shelter Island Heights New York, being duly sworn, deposes and says that: On the 14th day of January , 2015, I personally mailed at the United States Post Office in Shelter Island , 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 ( )q 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 ap 'cant's property. (Signature) Sworn to before me this (t�+�`day of r�� aY y , 20 IS / DOREEN E. MCNEMAR PUBLIC, STATE OF NEW YORK 1C) Registration No. 01 MC6274186 Qualified in Suffolk County Commission Expires Dec. 31, 2016 PLEASE list on the back of this Affidavit or on a she --et of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. M .. • CC . • cO ' For delivery information a S M j ✓. rry iY AL USEC3 •••D Postage r -q 0%4 ._ Certified Fee O ,S . O Retum Receipt Fee O (Endorsemem Required) 0 Restricted Delivery Fee O (Endorsement Required) IL X C3 Total Postage & Fees M f0 \, N SSATO O -- Sbeef, Apt No.; PO GCI 6 f ---------------- or Box No. M .. • . • cO ' For delivery information visit our website at www.usps.como j ✓. rry iY AL USEC3 _D ,-•p Postage $ $0.49 0%4 ._ a Certified Fee ,S . $3.30\ C3 C-3 C3 Return Receipt Fee (Endorsement Required)$2.70 Postmark � Here C3 Restricted Delivery Fee (Endorsement Required) X $0.00 Postage 0 f0 \, N rp Total Postage & Fees4 0 14/2015 30 M , M Sent To �' / /YI i � (-- S `� --------------FGi Street, Apt No.; or PO Box No. I - -Iy /yl-- �_r�� I Q--1 - -�1� - -p -- ------------------- Q — City, State, ZIP+4 �, T U�1 r f � -----I---1------------------------ 0 `1 11 ?33 O (Domestic Mail Only; . • . r- rU • . • rR CO CO da R& h6i I A L U S E _D .o C3 Postage $ f0 \, N Postage $ _D Certified Fee 30 03� ` f` r� Certified Fee Q D C3 Return Receipt Fee (Endorsement Required) u 142.70N 3 yy11 qr� k " Gul C3 O Endors=eReceipt Fee ( eq red) Restricted DelNery Fee O Restricted Delivery Fee (Endorsement Required) (Endorsement Required) .� rt.l C3 Total Postage & Fees $ /2015 m Total Postage &Fees M -Q..# T- $0.49 $3.30 , 03 Postmark ," n • = JAN i Here $0.00 f MSent To Y rV l M I I ►ov►rnCO m Gcrodr� e --d- � rv�'-- --- fi- __-•-- -_ _-•--__-•---•__-----_a--r_---___•-----__-•------------------------------•• r-'� .Sctr66tt NO.;--- - �treetihntNa.: / / % l r or PO Box No. ----�--- C /l- i<F - -- U �-- - ------- r%- or POB----- 6 �• ------------------ h -I �--------- ------ ---- •---- - City, State, ZIR+4 Clfy, State, ZIP+4 I 1%li! /t / / I C 1 ✓I /n PS Form 380� August r ■ Complete items 1, 2, and 3. Also complete A. Sign i� Item 4 if Restricted Delivery is desired. X ❑ Agent ■ Print your name and address on the reverse ❑ Addre so that we can return the card to you. g to Name) C. Dat f Del ■ Attach this card to the back of the mailplece, or on the front if space permits. - D. Is delivery mitem 1? Ye1. Article Addressed to: If yEgff,�nl below: Q No i M t to Loa 3. Ser21"TYP*��',,�OrlI(1 n r� i 7 33 rlty Mall Express'" 1 l p 1 Registered 0 Return Receipt for Merchandise V l ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7 013 30211 0000 1606 4834 (ih;rrts W from service label) PS Form 3811, July 2013 Domestic Retum Receipt 4 I , 4001inkiewicz Contracting • PO Box 591 OV Shelter Island Heights, NY 11965 YWp 749-3217 Town of Southold Zoning Board of appeals, As per your Instructions a copy of the Legal Notice as well as a cover letter with my phone number and a copy of the survey was mailed certified, return receipt requested to the following owners of property specified by you. Lot # 21.-2-15 Muller Family Trust 21 Camelot Lane, Setauket, NY 11733 Lot # 21.-3-14 Anna & Nicholas Bilianias 6 Cambrian Rd, Syosset, NY 11791 Lot # 22.-2-1 Ann E. Monaco 9 Cliff Drive, Kings Park, NY 11754 Lot # 22.-1-2.1 George & Anna -Thula Kaitery 167-18 71St Ave, Flushing, NY 11365 James Olinkiewicz ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your flame and address on the reverse so that we can return the carol to you. ■ Attach this card to the back of the mailpiece, or on the front i�to* permits. 1. Article Addressed � „'�nick If, CI;I A. Signature X B. Received by (Printed Name fD. ifferent enter dress C. D49of Delivery 20 from item 1? CI Yes below: 0 No 6 �U 1 ' I � lei Gl� � `- g. ce Val G'Ce Priority Mail Express'" s O C[ I 0 Registered Retum Receipt for Merchandise J 7 ❑Insured Mall C1 Coiled on Deiivery p Yes 2. Article Number (Transfer from service labe9 P Form 3811 July 2013 ■ Complete items 1,. 2, a item 4 if Restricted Del ■ print your name and al so that wWcAn:4vtu►rri ■ Attach this card to the or on the front if sp4c1 1. Article Addressed to'. Z ()Ai 4 q 60"'-d 'f �Oec-15 4. Restricted Delivery? (Extra Fee) 7013 3020 0000 1606 4841 Domestic Return Receipt Also complete A. Signature g� 0 Agent . t.. is desired. X Addressee it the reverse B. 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Article Number 7 013 3020 0001 (Transfer from service label) IPS Form 3811, JuN 2013 Domestic Return Receipt �J TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Lewis Teperman (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 21.-2-16 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, James Olinkiewicz -4 (Jg A(,o —T'"eAr WX cit AFFIDAVIT OF POSTING residing at 5 Dickerson Drive Shelter Island Heights , New York, being duly sworn, depose and say that: On the 14th day of January , 2015 , 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 (Signature) Sworn to before me this l 441"Day ofj' „Av vti( , 2015 DOREEN E. MCNEMAR WTARY IC, STATE OF NEW YORK Public) Registration No.01MC6274186 Qualified in Suffolk County Commission Expires Dec. 31, 2016 * near the entrance or driveway entrance of my property, as the area most visible to passerby. � NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME0 SCTM #0 0 TEPERMAN, LEWIS 1 000-21-2-1 6 OVARIANCE:BLUF.F SETBACK REQUEST: DATE: # 6826 DECK RECONSTRUCTION THURS. FEB. 5, 2075 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 OF APPEALS -TOWN OF SOUTHOLD 765-1809 0 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 291h day of January, 2015. Sworn to before me this day LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 5,201S PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Tbwn Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY FERRUARY 99-30 A.M. - JOAN COOK .. #6808 - (Adj. from 12/18/14) Request for Vari- ances from Article MU Section 280.124 and the Building Inspector's August 28, 2014 amended September 5, 2014 Notice of Disapproval based on an application for building permit to construct additions and alterations to existing single family dwell- ing, at; 1) less than the code required front yard setback of 35 feet,2) less than the code required rear yard setback of 35 feet, 3) less than the minimum code required side yard setback of 10 feet, 4) less than the code re- quired .total side yard setback of 25 feet, 5) more than the code permitted lot coverage of 20%, located at: 2205 Bay Avenue East Marion, NY. SCTM#1000-31-17-6 1.0:00 A.M. - ROBERT W TAXON 2= - This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCIM #1000.38-&5, based on the Building Inspec- tor's December 15, 2014 Notice of Disap- proval, which states a nonconforming lot shall merge with an adjacent conforming or nonconforming lot held in common ownership until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot 1000-38.-6-6, located at; 555 & 545 South Lane(comer West Line) East Marion, NY. SCTM#'s1000-38-6-5&6 10:20 A.M. - DAVID TRN R #6830 - Request for Variances from Article XXIII Section 280-124 and the Building Inspec- tor's December 5, 2014 Notice of Disap- proval based on an application for building permit for additions and alterations to ex- isting single family dwelling, at; 1) less.than the code required minimum . single side yard setback of 5 feet, 2) less than the code required minimum combined side yard set- back of 25 feet located at: 640Vest Shore Drive (adj. to Southold Bay) Southold, NY. SC1M#1000.80.1-47.1 10:40 ANL - RICK NAP'_PI #6K8 - Re- quest for Variances from Article XX 11 Section 280.124 and Article XXII Section 280.116B and the Building Inspector's December 3, 2014 Notice of Disapproval based on an application for building per- mit ermit for additions and alterations to existing single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum single side yard setback of 10 feet, 3) .Iess than the code.required bulkhead setback of 75 feet, located aC 5218 Peconic Bay Bou- levard (adj. to Great Peconic Bay) Laurel, NY. SCTIVI#1000.128.2.22 11:00A.M. - 860 RAYVIEW DRIVE IC - Request for Variance from Ar- ticle =1 Section 280-116B and the Build- ing Inspector's September 3, 2014, renewed December 15, MI.4 Notice of.Disapproval based on an application for building per- mit to construct a deck, a41) less than the code required bulkhead setback of 75 feet, located at: 860 Bayview Drive (adj. to Spring Pond) East Marion, NY. SC1M#1000.374-7 ULA. QUINN #6933 - Request for Vasi• ances from Article III Code Section 280-15 and Article XXII Code Section 280.116 and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for ac- cessory in -ground swimming pool, at; 1) location other than the code required rear yard, 2) less than the code required 100 foot setback from top of bluff; located at: 63165 County Route 48 (aka North Road) (adj. to Long Island Sound) Greenport, NY. SCPM#1000AO.1-14 : Request for Variances from Article III Section 280.15 and Article XXII Section 280-116B and the Building Inspector's Oc- tober 31, 2014 Notice of Disapproval based on an application for building permit for ,as built' accessory garden shed, at; 1) less than the code required minimum rear yard setback of 10 feet, 2) less than the code re- quired bulkhead setback of 75 feet, located at- 4500 Ole Jule Lane (adj. to a canal) Mat- tituck, NY. SCTM#1000-122.4-32 1.15 PM - LEWIS TEPERMAN OM - Request for Variance from Article XXII Section 280-116 and the Building Inspector's September 29, 2014, renewed December 9, 2014 Notice of Disapproval based on an application for building per- mit to reconstruct a deck, at; 1) less than the code required bluff setback of 100 feet, located at: 1225 Aquaview Avenue (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-2-16 L'30 PM - BERRY & BERRY. [' #f>$1$ - (Adj. from 1/22115) Request for Variance from Article XI Section 28049 and the Building Inspector's January 14, Principal Clerk of2015. RISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01V06108050 QU011110d In Suffolk County "'"' "3omtnlstilt�,t Expl►es Fobruary 28, 2016 2015 Notice of Diwpproval based on an ap- plication to oorivert dwelling to single con- tractor's business, at 1) Jess than the code required minimum front yard setback of 1~0o feet, located at: 41535 Main Road (aka State Route 25) Peconic,NY. SCIM#1000• 75-5-13. . T46.Board Of Appeals will hear all per- sons or their representatives, desiring to be heard at each bearing, and/or desiring to .submit written statements before the conclusion 81' each hearing.. Each hearing will mot statt'eat6a dud designated above. Files are avaiW* for review during regu- lgr Wsiim hotux and prior to the day of .the headng. If you have questions, please contact our office at, (631) 765-1809, or by email Dated: January 12;3015 ZONING BOARD OFAPPEALS 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 12D72 IT 1/29 0 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: hq://southtown.northfork.net January 12, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, February 5, 2015 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 January 21 st: 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 January 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 28th: 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 February 3, 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. BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 16, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6826 - Teperman Dear Mr. Terry: We have received an application for re -construction of a deck in E. Marion. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS • Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider QF $0(/jyO� O �Ol • �O COUNT`I,� http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 16, 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 #6826 Owner/Applicant: Teperman, Lewis Action Requested: Reconstruct deck — bluff 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 r. _O � ti OR. 0, � Encls. BOARD MEMBERS • Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUl�� y�OUNT`I,Nct� http://southoldtown.northfork.net • Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 16, 2014 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Attn: Paul TeNyenhuis Re: ZBA File Ref, No. 6826 - Teperman Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in E. Marion, NY, and shown on the enclosed site map. The hearing on this application is expected to be held on February 5, 2015. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson N !-13-1/ Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider February 20, 2015 James Olinkiewicz P.O. Box 591 Shelter Island, NY 11965 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RE: ZBA Application #6826 - Teperman Dear Mr. Olinkiewicz: Transmitted for your records is a copy of the Board's February 19, 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, VIA Vicki Toth Encl. Cc: Building Dept. ALI 11 \K a' 1.3A SEE SEC. NO. 030 SDoNO C7-i(n - - H - - SS CRRWi OTMERwSE,KLPROFERTS:S S;P1�i NOTICE COUNTY OF SUFFOLK © 130 TOWN OF SOUTHOU • - -�.- - SEv.ER � mE 3e MAINTENANOE.ALTERAT10N, SME OR 3' E M. T I1SN 1 DISTRIeUTgN OF ANY PORTION R .� ,• w. Real Property Tax Service Agency '� v v-- _ �rUSr OF TIIE SUFFOUCCOUNTY County Center (4} W LLAGE OF Nµ� Evw1ER TAX NAP IS PROM&iE0 WT -WRITTEN PERMISSION OF THE RiverAeell, N Y 11901 • 7 SCALE W FEET m 1. �� PEAL PROPERTY TAX SERVICE wW.cy ✓ y 1 e ` ty P 6]0 031 DISTRICT t� 1040 -" ` comrtRcxxi mTE w m, —