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HomeMy WebLinkAbout7107 i •SSG �L2�/� CHECK BOXES AS COMPLETED n )'� ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for priors o Q a ( ) Assign next number on lis �? outside of file folder �, N ( ) Date stamp entire origina file number m -n -n En w CO W o () Hole punch entire origina' X o c z G) CD (before sending to T.C.) — �; CD v ca n rn3 (D :3 v v ( ) Create new index card ,v co-5 . r ( ) CQ Print contact info & tape 1 3 co CD ( ) Prepare transmittal to Toi m CD `�' Z < CD ( ) Send original application % @ o o � to Town Clerk o ( ) Note inside file folder w/p a O0 and tape to inside of foldE 3 ( ) Copy County Tax Map; hig neighbors and AG lots —" c� ( ) Make 7 copies and put wii ( ) Do mailing label . 0 v BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ell �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento COWN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1509•Fax(631)765-9064 RECEIVED -�- g.2q am FINDINGS,DELIBERATIONS AND DETERMINATION EC 2 7 2017 MEETING OF DECEMBER 21,2017 ZBA FILE 7107 Swuthold Town Clerk NAME OF APPLICANT: Martha E. Rosenthal PROPERTY LOCATION: 802 Munnatawket Avenue,Fishers Island,NY SCTM No. 1000-6-3-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without 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 August 29, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LW" DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject is a non-conforming 12,534 sq. ft. parcel located in the R-80 Zoning District. The parcel measures 140.00 feet fronting Munnatawket along the easterly property line, measures 89.53 along the southerly property line, measures 140.00 along the westerly property line and 89.53 feet along the northerly property line. The parcel is improved with a two story single family dwelling, an as-built porch and an as-built deck as shown on the survey prepared by Richard M. Strouse, L.S. dated June 12, 2017. BASIS OF APPLICATION: Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's July 17, 2017, Amended July 31, 2017 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling; at: 1) located less than the code required minimum rear yard setback of 35 feet; located at: 802 Munnatawket Avenue, Fishers Island, NY. SCTM41000-6-3-2. RELIEF REQUESTED: The applicant requests variances to legalize "as-built" additions and alterations to an existing single family dwelling an "as-built" deck which measures 6.5 feet from the rear yard setback, where the code requires a minimum of 35 feet. ADDITIONAL INFORMATION: During the public hearing, the applicant's representative submitted to the Board a Memorandum of Law which described the relief requested, an outline and analysis of area variance criteria, as well as the history of improvements on the parcel since the owner's purchase in 1977 and the issuance of a building permit in 1989. On May 10, 2007, File No. 6024, the applicant received variance relief for additions to the single family dwelling which consisted of a roof overhang having a rear yard setback of 25 feet. Also in 2007, the applicant hired a contractor to add a front porch and convert the rear deck into a three season room. It wasn't Page 2, December 21, 2017 #7107, Rosenthal SCTM No. 1000-6-3-2 known until recently that the already built porch and deck were not included in a building permit issued in 1989 that had not yet been closed with a certificate of occupancy for additions and alterations to the dwelling. This application attempts to remedy any procedural oversight on the part of the applicant. The Board received correspondence on December 4, 2017 from the adjacent property owner expressing support of the subject variance request. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 7,2017 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 subject property is isolated from nearby properties in a neighborhood with very few houses. It is accessed by "Mannatawket Avenue which is essentially a driveway. Three of the subject property lines adjoin one neighbor's property whose dwelling is located at considerable distance from the subject dwelling and is well screened by vegetation. All of the features of the subject dwelling and deck in their current configurations have been in place for at least ten years without adverse impacts and, with the exception of the rear deck,their footprints and lot coverage(at 16.7%)have not changed in close to thirty years. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot, be achieved by some other change that would be feasible for the applicant to pursue, other than an area variance. The parcel is very small, and restrictive and the as built additions cannot be reasonably removed and relocated 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 81.4% relief from the code. However, the lot is very small size and the non-conforming improvements in question are located in the rear yard where they produce no impact on other nearby properties or the street. Moreover, the rear property line appears to be much farther away from the subject deck because of a flat grassy area that lies beyond the property line and a precipitous vegetated slope down to the adjacent neighbor's property. 4. Town Law X267-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. Since the improvements were completed years ago, any adverse impact would have already been discovered. Additionally, the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. Although, the applicants admit that they were not aware of any open building permits or construction completed without proper permits, the applicants 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 requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an as built attached rear deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, December 21, 2017 #7107, Rosenthal SCTM No. 1000-6-3-2 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member, Goehringer, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for and shown on the survey prepared by Richard Strouse, L.S., dated, June 12, 2017. 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), Goehringer, Dantes,Planamento, and Acampora. This Resolution was duly adopted (5-0). Leslie Kanes Weisman Chairperson Approved for filing//2—/,j/2017 00 R 5 oc) o cN _ W O SL '4ND o1- 6 S S U � Y 0 .� . � w N c w cf) i Q co Ew f 51TE Q 06 / / 1— cu .i N F — RICHARD E. RIEGEL, III & U c U 2 � AMANDA JT RIEGEL .> 3 ' N � � a� M / N/F vE W42� fn Lu oNo IRON PIPE / / JANICE & PHILIP poX 00 00 (FOUND) / OPALENSKI V ' M N 76'� MON. w ccp� ppb W O (FOUND) r IRON 8g•53' PIPE 0 NEST 3 j !FOUND) G', / #080 \\ Y`IJT U 1 N/F � RICHARD E. RIEGEL, III & / � BUILDING N: 5290.15 ' 3° N/F z HAR50R AMANDA JT RIEGEL /to SETBACK LINE I�W: 558.13 FI GETAWAY LLC uvi l co V i�!P LOCATION MAP SCALE 1 "=400' 0 6 J = / MAP REFERENCES I o DECK o1 �4► J / 1. "PLAN OF PROPERTY TO BE CONVEYED BY THE REV. WILLIAM 21 o HILLIARD TO ROBERT C. & DONNAMARIE SORENSON MUNNATAWKET 4 ROAD FISHERS ISLAND, NEW YORK' SCALE 1"=20 FT. FEB. 26, 1976 7,9 ,F)� I BY CHANDLER, PALMER & KING. Q 2 W HOUSE / NOTES Z w 0 23 4 / Q / 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE Of w Q INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE a_ O w PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR Q II_ O z = o EXCEEDS THE SCOPE OF THE ENGAGEMENT. o Y \ o MH 23.4' Q a 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY ~Q g PERSON, UNLESS ACTING UNDER THE= DIRECTION OF A LICENSED � � • r ; / LAND SURVEYOR, TO ALTER AN ITEIv! IN ANY WAY. D ,w Li 7 w _ 3g• f 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND Q Q SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL = w ARE THE PRODUCT OF THE LAND SURVEYOR. o U) N/F 00 0 MARK W. HOLZNER & I. " Q 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND Illf LESLIE J. MARSHALL GEODETIC SURVEY TRIANGULATION STATION "PROS" Q S 5. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 006, BLOCK 3, LOT 2. GRAVEL I.PIPE l S 76•p~p � i1 PARKING 6. TOTAL AREA = 0.29t ACRES (12,534 S.F.). i (FOUND) I f \� Z 7. SITE IS LOCATED IN 'ZONING DISTRICT R-80. • r 8. PERCENT OF LOT COVERAGE— 16.7% _ r 8't HIGH HEDGE 1 40` U O N: 5154.30 z a W: 591.96 LEGEND O PROPERTY LINE – o ABUTTERS LINE — — U) EDGE OF PAVEMENT EDGE OF GRAVEL ------------------- > RICHARD EN R RIEGEL, III & OVERHEAD WIRES o/w � AMANDA JT RIEGEL Now OR FORMERLY N/F w FINAL MAP UTILITY POLE ♦- o REVIEWED BY ZBA Z SEE DECISION # q10 - o , UATED .�_k / X01,7 - q j Q t D 2 c0 00 I\ I\ v Z w w L� Ld O Y 0 3: CYJ O 4 � O w � Z O J Q_ m o o C) U QUALITY CONTROL CERTIFICATIONt 20NING BOARD OF APPEALS DATE: JUNE 12, 2017 GROUP REVIEWED DATE PROJECT MANAGER SCALE: 1 = 20' SURVEY 20' 10' 0 20' ENVIRONMENTAL SHEET: 1 OF 1 CIVIL GRAPHIC SCALE IN FEET STRUCTURAL ARCHITECTURAL PROJECT: #2017817 E 3-O 3/4" 6'-9' 3'-O 3/4• V r H �m __________ p O V E E • 4. v n EXISTIN& ROOF m 3 SEASON d ROOM A STONE STEP F F U I r m ry -- --- - - -------------- - ----4 --- - - 1 I4 3 5 _ 5-O — 5-T" 2-II 2 j6'-o. s-5• I'-1o• 3-I, ; DECK o EXIST O EXISTING ROOF SITTING ROOM G STORAGE ui STAIR j DEN _DN LIVING ROOM o - I- -' -4-'• �I�� - T T T ZF I r BATH E; I6 - o I - - I I - GC S - �4F fE�✓ - �� X II I i r II � I� II 'I I II II II I !I .I I I d h 111 I I 1 I ! 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G ANDER5EN/2-TW210410 3-0 1/b X 5-07/5` 4 VINYL b'-8' 537 SF DOUBLE MULLED VERIFY ROUGH OPENING D z U o TYPE I (NOT U5ED) d JELDVLW WINDSORPRO-GORE 850 2'-O" 6'-8' 15/6- 4 MDF PASSAGE SET 9 JELDWEW WINDSOR PRO-GORE 850 2'-O" 6'-8' 13/b° 4 MOF PASSAGE 5ET 10 ANDERSEN/FWH6066 3/4" 1 GLAD/6LA5EP FRENCH DOOR PAIR K11-1-LACE DEADBOLT ET RECEIVED a v o o u ------ II TRU5TILE/FL 1500 2'-8" b'-8' 1 3/8° 3 MDF/GLA55 TEMP 51NCLE FRENCH DOOR DATE 07/26/2017 1 m 1J 12 TRUSTILE/FL 1500 6'-O' 6'-8" 1 3/8" 1 MDF/GLA55 TEMP FRENCH DOOR PAIR KPRIVACY SET LEGEND �j SCALE 1/4" 1 4 TRUSTLE INSUL 5TEEL 2'-8° 6'-6" 1 3/4" 4 GLAD 15 MOT USED) j II J 15 JELOWEW WINDSOR PRO-GORE b`-O 3'-0° b'-b" 13/8" 4 MOF PRIVACY 5ET AUG 0 2017 jD NEW WALL PROJECT# 2005804 L - ,r Ib 1 JELOWEW WIND`AR PRO-GORE 850 2 ' b'-b° 13/b° 4 MDF PASSAGE SET JELDWEW AND5OR PRO-GORE b50 -0 '-6 2 ' MDF PRIVACY SET O EXISTING WALL DRAWING NO ZONING BOARD OF APPEALS REMOVED WALL A-2 TYFE 3 TYPE 4 2 OF 4 1 CONTINUOUS RIDGE VENT - ARCHITECTURAL ASPHALT SHINGLES �--I ICE 8 WATER SHIELD LOWER 36"OF ROOF PITCH,TYP _ ca IX5 FASCIA BOARD DETAIL NEW GABLE VENT IX5 FRIEZE BOAR DETAIL NEW WHITE CEDAR 5HINGLE5 IX4 WINDOW TRIM W/ U o - IX6 HEADER TRIM , CEDAR SHINGLES -- -- - - - -- --- -- - —- ----- - - � - -- -— IX4 CORNER BOARDS - 'I�L.'L ,�'+,L', u z IJ'' NEW AWNING 'LU WINDOW iq— { --,r y ` 4 ';_3 L WINDOW CENTERED ON BEDROOM WALL 2 J�� uL-4 ,1J,'L�[ 1 <e uIIILLL J. aLu�I T I T 4, u Xm i16 ;1 al, �� ^i.ic.c t L I'.�:�,' - u-ll' I �LI-� •':,)i-J �`'�LI'! =`��r\�'.fi, I I -r 11 H�� v ,.�u I���� t W L - -rL T j, '=r 'JL'" '4J'•�I! 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I 'I il I Jilil.i,_ LC'1LiI,J ' JJI L�Jt � a Ly Ll' � -- i1J ,u I' Ili ,UUI, ,'I' Ll 'L, `">� L L- � li �Jy� ''L L _11 'I 1 i _ .r L1L J J J J �I 1 L� ,: jf II IL �� 'I, t41 -- I 111 1� 1 �tl II�'1JL il .� Lt� l,i'' ,1 I. ��rr=�- 4 '��'U '� _ �_ �� -- -- - - - — ---- --- -- -- OLo RECEIVED a o o L �_IXIO WATER TABLE DETAIL (� g�j DATE 07/26/2017 AUG 10 2017 ((( SCALE 1/4" = V-0" WE5T ELEVATION NORTH ELEVATION PROJECT# 2005804 5GALE I/4"=1'-O" SCALE 1/4"=1'-O" DRAWING NO ZONING BOARD OAPPEALS A-3 3 OF 4 �� , , r+►- COUNTY OF SUFFOLK PECEIVED SEP 0 5 2017 ZONING BOARD OF APPEALS t� Steven Bellone. SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 29, 2017 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Stritzler Family Trust #7106 Rosenthal, Martha #7107 Sellis, Zane #7108 Mangieri, Gian #7109 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th R ■ P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099■(631)853-5191 I° FORM NO. 3 RECEIVED TOWN OF SOUTHOLD AUG i8 2017 BUILDING DEPARTMENT ZONING BOARD OF APP1sALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: July 17, 2017 AMENDED: July 31, 2017 TO: Stephen L. Ham, III (Rosenthal) 3 8 Nugent Street Southampton,NY 11968 Please take notice that your application dated June 28, 2017: For permit to legalize"as built" additions and alterations to existing single-family dwelling at: Location of property: Munnatawket Avenue, Fishers Island,NY County Tax Map No. 1000 - Section 6 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The "as built" deck, "as built"porch, and first& second story additions and alterations, on this nonconforming 12,534 sq. ft. lot in the Residential R-80 District, are not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a rear yard setback of 35 feet. The "as built" construction has a minimum rear yard setback of 6.5 feet. Note: The first story addition received a building permit, BP# 8476 (currently BP# 40540), originally issued on April 6, 1976; and the second floor addition received a building permit, BP#17910, issued on March 13, 1989 (currently BP#40540. (b Authorized Sigture . Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. f Fee:$ Filed By: -' Assignment No. n J APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED AREA VARIANCE A U G 10 2017 House No. 802 Street Munnatawket Avenue Hamlet Fishers Island ZONING BOARD OF APPEALS SCTM 1000 Section 006•00 Block 03•00Lot(s)002•000 Lot Size 0.29 acre Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 07/17/2017 * BASED ON SURVEY/SITE PLAN DATED 06/12/2017 *amended 07/31/2017 Owner(s): Martha E. Rosenthal Mailing Address: 10 Birch Road, West Hartford, CT 06119 Telephone: (860) 986-8810Fax: (631) 287-1076 Email: erosen1000@yahoo.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III for(X) Owner( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: U631) 283-2400 Fax: (631 287-1076 Email: Matthamesq@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 06/12/2017 and DENIED AN APPLICATION DATED 0 6/2 6/2017 FOR: (X)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use (X)Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section: 280-124 Subsection: Type of Appeal. An Appeal is made for: ( A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(:} has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 6024 Year(s). 2007 . (Please be sure to research before completing this question or call our off ce for assistance) Name of Owner: Martha Rosenthal ZBA File# 6024 REASONS FOR APPEAL (Ftease be specific, additional sheets may be used Vvith preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: the only property impacted is the adjoining property on the west which surrounds the subject property. Heavy vegetation screens the portions of the subject dwelling from the dwelling on the adjoining property. A portion of the dwelling on the adjoining property is even more nonconforming than the most nonconforming portion of the residence on the subject property. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: all the structures in question have been built and the applicant reasonably believed the same were covered by validly issued permits. The applicant would suffer substantial financial damggeiif the structures had to be removed. 3.The amount of relief requested is not substantial because:even though the existing setbacks for which variances are now required are substantially less than the minimum requirement of 35 feet, given the location of the residence on a seldom used street, the location of the residence on the only property conceivably impacted by the subject property's encroachment into the required rear yard, and the presence of screening vegetation, the impact of the relief will not be substantial. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the construction has already been completed and the the property has established landscaping. :There will be no chnage to existing conditions and no adversecimpact if the variances are granted. 5.Has the alleged difficulty been self-created? {X} Yes,or { }No Why: The structures were built in part in nonconforming locations. However, for the most part, they were constructed pursuant to validly issued permits by the Building Department. Are there any Covenants or Restrictions concerning this land? {X}No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 3i day Stephen L. Ham, III, authorized agent of July 2017 1 D RECEIVED Notary Public AUG 10 2017 BARBARA T.HAM 4Motary Public,State of New York ZONING BOARD OF APPEALS No 02HA5061959 Qualified in Suffolk County too Commission Expires August 15,v APPLICANT'S PROJECT DESCRIPTION»\ APPLICANT: MARTHA E. ROSENTHAL DATE PREPARED: JULY 31, 2017 1.For Demolition of Existing Building Areas I Please describe areas being removed: N/A RECEIVED � 9 H.New Construction Areas(New Dwelling or New Additions/Extensions): ZONING BOARD OF APPEALS Dimensions of first floor extension: See Plans submitted herewith. Dimensions of new second floor: See Plans submitted herewith. Dimensions of floor above second level: n/a Height(from finished ground to top of ridge): 22' 3" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Dwelling conisted of a first floor with a main living area, a galley, kitchen, two bedrooms and a bathroom Number of Floors and Changes WITH Alterations: In 1976 a first floor bedroom with attached s r_ storage room added to south side of dwelling facing Munnatawket Avenue. In 1989 a second oor added- w/ iwing room an bedroom wit connecting interior stair ase. Deck_and_screened porch added to no tth and wa ar rhar rima (ar u d level) rn - a roo a e o secon floor, o er a up ra a an oter con r�ea. Screened porch to 3-season living area, exterior refinisied and front deck facing1�east IV.Calculations of building areas and lot coverage(from surveyor): was added. 2017: code coemPadda t Existing square footage of buildings on your property: 1,772 s q. f t. Proposed increase of building coverage: 0 Square footage of your lot: 12,534 s q. f t. Percentage of coverage of your lot by building area: 16.7 V.Purpose of New Construction: to provide additional living space 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): land contours have had no impact on meeting code requirements J Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? A U G y 0 2017 Yes x No B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 3.) Is the property bulk headed between the wetlands area and the upland building area? n/a 4.) If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a 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. I. Please list present use or operations conducted at this parcel two-story single-family dwelling with decks.&&porchand the proposed use two-story single-family dwelling with deck and porch (ex: existing single family,proposed: same with garage,pool or other) -Jl-I,C�Gi,... L . I t July 31, 2017 Authorized signature and Date Stephen L. Ham, III, authorized agent MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11068 PHILIP B. MATTHEWS - (1912-1992) 631-283-2400 .STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T.HAM e-mail Matthamesq@aol.com August 7, 2017 BY UPS ��� Ms. Kim Fuentes RECEIVEp Town of Southold AUG 10 2017 54375 375 Main Road ard of Appeals 70"'N(3 BOARD CFgpp p Southold, NY 11971 �� Re: Application of Martha E. Rosenthal (SCTM No. 1000-006.00-03.00-002.000) Dear Kim: In connection with the referenced application, I have enclosed nine sets (including the attached set of originals) of the following documents: 1. Applicant Transactional Disclosure Forms, one each signed by the owner, Martha E. Rosenthal, and one signed by me as agent. 2. Notice of Disapproval, dated July 17, 2017, amended July 31, 2017. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description. 4. Questionnaire, signed by me as agent, together with a copy of Certificate of Occupancy No. 22123. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. . Agricultural Data Statement, signed by me as agent. RECEIVED Ms. Kim Fuentes AUG 10 2017 Page 2 August 7, 2017 ZONING BOARD OF APPEALS 8. Letter of authorization, dated August 5, 2017, signed by Martha E. Rosenthal, authorizing me to act as her agent in connection with this application. 9. Copy of current assessment cards for the subject premises from the Office of the Board of Assessors. 10. Two color photographs showing the existing house from different vantage points. 11. Set of"As Built" Plans and Elevations (11" x 17"), consisting of pages A-2 and A-3, prepared by CME Architecture, Inc. under date of July 26, 2017. 12. Survey Map prepared for Martha E. Rosenthal by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated June 12, 2017. 1 have also enclosed two checks to the Town of Southold in the amount of $500 each to cover a $1,000 application fee. If the application fee is only $500, please return one of the checks to me. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Martha E. Rosenthal, by Stephen L. Ham, III, agent 2. Address of Applicant: 10 Birch Road, West Hartford, CT 06119 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: securing approval for "as built" second story addition, three-season porch and deck additions to single-family dwelling 6. Location of Property: (road and Tax map number) 802 Munnatawket Road, Fishers Island (SCTM # 1000-006.00-03.00-002.000) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { ) Yes {g} 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. n/P I PI NAME and ADDRESS RECFr\1Fo / 1. AUG 10 2u!7 2. 3. ZONING BOARD OF APPEALS 4. 5. 6. (Please use the back of this page if there are additional property owners) L • 9:, a..,4&. ` , t 07 / 31 / 2017 Signature of Applicant Stephen L. Ham, III, as Date Note: authorized agent of Martha E. Rosenthal 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or 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 1 -Project and Sponsor Information Name of Action or Project: Martha E. Rosenthal Project Location(describe,and attach a location map): 802 Munnatawket Avenue, Fishers Island (SCTM No. 1000-006.00-03.00-002.000) Brief Description of Proposed Action: application for variances to permit issuance of building permits and/or Certificates of Occupancy for "as built" deck, "as built" porch �algond story additions and alterations to single-family residence AUG N17 NG gQARD of APPEAL Name of Applicant or Sponsor: Telephone: (860) 985-8810 Martha E. Rosenthal E-Mail: erosenlOOO@yahoo.com Address: 10 Birch Road City/PO: State: Zip Code: West Hartford CT 06119 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 0.29 +/-acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.29 +/-acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban N Rural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, _ NO YES N/A a.A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies:^ X 10. Will the proposed action connect to an existing public/private water supply? NO YES RECEIVED If No,describe method for providing potable water: X AUG Izoc� 11 11.Will the proposed action connect to existing wastewater utilities? ZONING BOARD OF APPEALE NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban x Rural 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or inon-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundmenttof NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Martha E. Rosenthal, Applicant/sponsorname: By Stephen L. Ham, III, authorized agenbate: July 31, 2017 Signature: '`a L• c!A::: r 4,4 Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed RKW6 � No,or Moderate „ small to large ZONING.BOARD OF APPEALS _ impact impact „ may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 r No,or Moderate' small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. RECEIVED AUG 10 2017 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Martha E. Rosenthal 10 Birch Road West Hartford, Connecticut 06119 August 2017 Board of Appeals RECENED Town of Southold AUG 10 2017 P.O. Box 1179 54375 Main Road ZONING BOARD OF APPEALS Southold, NY 11971 Re: Application for Variances at Premises at Fishers Island (S.C.T.M. No. 1000-006.00-03.00-002.000) Dear Board Members: The undersigned,the owner of premises situate at 802 Munnatawket Avenue, Fishers Island, New York (SCTM # 1000-006,00-03.00-002.000), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as her agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any variances that are required for the issuance of a building permit and/or Certificate of Occupancy for the "as built" deck, the "as built" porch and the "as built" first floor and second story additions and alterations at the foregoing premises, a survey of which was prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of June 12, 2017. Very truly yours, Martha E. Rosenthal APPLICANT/OWNER TRANSACTIONAL DISCLOSURE I;ORI The Town of Southold's Code of Ethics wwohibits conflicts of interest on the part of town officers and employees.The purl2ose of this form is to,provide information which cau alert the town of possible conflicts of interest and allow it to take whatever action is nece.isary to avoid-same. YOUR NANJE : Rosenthal, Martha E. (Last name,first name,middle initial,unless youar?,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) ha-ve a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business luterest" 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 you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the appileazitiageiit/represeiitative)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)tile legal or beneficial owner of any interest in a non-corporate ental(when the applicant is not a corporation) Q an officer,director,partner,or employee of tile applicant,or t*tt- I I Dj RECEIVED D)tile actual applicant DE SCR IPTION OF RELIATIONSIHP AUG 1-0 2017 ZONING BOARD OF APPEALS, Submitted this day of r 20 17 Signature Print Name Martha E. Rosenthal AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Stephen L. Ham, III, agent for Martha E. Rosenthal (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 you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. dk I/M The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): RECEIVED A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) A�� 10 201 B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is J! %FWr ")0F APPEALS C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this—31st day of July ,20 17 Signature -✓/. - L• hti.-I IU Print Name Stephen L. Ham, III Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. --o-- e)/D /1 B. DESCRIPTION OF SITE AND PROPOSED ACTION RECEIVED I AUG 10 2017 SCTM# 1000 -006-0QU - 03 -00 - 002.000 ZONING BOARD OF APPEALS The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 11 Board of Trustees 1:1 Board of Appeals x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: Application for variances to permit issuance of building permits and/or Certificates of Occupancy for "as built" deck, "as built" porch and second story additions and alterations to single-family residence at 802 Munnatawket Avenue, Fishers Island Location of action: 802 Munnatawket Avenue, Fishers Island Site acreage: 0.29 acre Present land use: single-family residential Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Martha E. Rosenthal ( ) Mailing b address: 10 Birch Road West Hartford, CT 06119 RECEIVED AUG 10 2017 (c) Telephone number: Area Code(860. 985-8810 ZONING BOARD OF APPEALS (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ Not Applicable TOWs: OF SOUT1 OLD r BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. RECEIVED AUG 10 2017 CERTIFICATE OF ®CCS PANCJNING BOARD OF APPEALS No +..212. Date ........................4pr4..................... 19.0. THIS CERTIFIES that the building located at .. g:5... 19"µA �'? � . ...... ............ Street Map No. ..... .... 1.3W. No ......ICS......... Lot No. .x=..........��lhQx;;..I��d��i[`d�e.�n�a. conforms substantially to the Application for Building Permit heretofore filed in this office dated Dejaem ber.•3••, 19...& PUISUCl11t to which Building Permit No. 2631.x. dated ........ ....................I�k,.C�?plj)A�.. J, 1 S'. �t , was issued, and conforms to all of the requirements of the oppticable provisions of the law. The occupancy for which this certificate is issued is ........ NPP.41AF................ ............................................................................. e [! �. f1Yt1..?T e... �.,�� Q'?�2p;. ................. ............................. The certificate is issued to .... (owner, lessee or tenant) of the aforesaid building ......................... .. ....... ......... . .. Building Inspector APPEALS BOARD MEMBERS so o - Mailing Address: James Dinizio,Jr., Chairman O� rypl Southold Town Hall 'l O 53095 Main Road•P.O. Box 1179 Gerard P.Goehringert Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon �l ,^�aa�� Town Annex/First Floor,North Fork Bank Le`lie Kanes Weisman eco 54375 Main Road(at Youngs Avenue) ,�Wl Southold,NY 11971 RECEIVED http://southoldtown.northfork,net 2017 ZONING BOARD OF APPEALS RECEIVED AUG TOWN OF SOUTHOLD a-+ILI $;30a^• ZONING BOARD OF APPEAI: L(631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2007 S®ugh®fd Town CI¢rk ZB File No.6024--Martha Rosenthal Property Location: Munnatawket Road, North of Fox Avenue, Fishers Island CTM 6-3-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 12,632 square foot non-conforming parcel in an R-80 District is improved with an existing single-family dwelling as shown on site plan prepared by CME Architecture, Inc. dated January 17,2007. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the applicant's request for a building permit and the Building Inspector's February 20, 2007 Notice of Disapproval concerning a proposed addition which will be less than 35 feet from the rear lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated April 5, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an addition partially less than the code required 35 ft. rear yard setback. The addition is on the east side of the dwelling facing the road and is will be a covered porch, REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The owner wishes to construct a new overhang and porch by removing the top decking and to add onto the existing deck with a roof and supporting columns. The porch is greater from the rear yard lot than the existing dwelling. The porch addition will provide shelter from bad weather and be used as an entrance to the home,which is not an undesirable change. J Page 2—May 10,2007 ZR File No. 6024- Martha Rosenth m. CTM No.6-3-2 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 setbacks of existing homes in the neighborhood have many variables. 3. The variance granted herein is not substantial, The addition is only 6' by 16.8'with a roof overhang, which brings the rear yard setback to 25 feet, greater than the rear yard setback that exists for the dwelling. 4. The difficulty has not been self-created. The home was constructed without planning for shelter from the elements. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the site and construction diagrams plan prepared by CME Architecture, Inc. dated 1/17/07, subject to the condition that the porch remain open, and not enclosed. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. �/ Vote of the Board: Ayes: Members Dinizio (Chair Oliva, Goehringer, Simon, and Weisman. Thisr /—(� 1 Resolution was duly adopted (5-0). RECEIVED J nes Dinizio Jr., airm 61?/2007 AUG 0 207 //""proved for Filin ZONING BOARD OF APPEALS RECEIVE® JUN 1 2 07 So hold •tTown Clerk A �� •� �.����` a . . ° � '�: NIS 1. x � r „ it _ Subject: picture of the house Date: 3/27/2017 9:03:49 AM Eastern Standard Time From: martha.rosenthal@gmail.com To: Matthamesq@aol.com Cc: martha.rosenthal@gmail.com AUG 10 2017 Y ZONING BOARD OF APPEALS Again no rush. This picture should be helpful. It depicts the various additions, ED 'pwp . E `TY `° kV .ARVFA0 _:- "- a .. DISTSUBLOT C�VyNEf2 S�VI'� 6'1U t STREET VILLAGE Q x m a►'d,.F Nt o-s /1/t a h n d a w fCe'7�74� � A Lq r7 E ACR. FORMER OWNE, 9d W6f/E S W TYPE OF BUILDING M Ifle RES �v SEAS VL. FARM COMM. CB, MISC. Mkt. Value M LAND D 1 MP, TOTAL DATE REMARKS t 9 / -- w SO 19a�p v7-ESs4s6z 60 33aa z 90 � 9 � 3I � SAT s �s (a 0 2 2la (p ,l ►S��e, - le�' A E B I D G N D�l 3 r 3 NEW NORMAL BELOW ABOVE �] !� �� I ZZJ3 Z. -` 11j1/X?4'� DSQ f/F�� I�ll1Z o FARM Acre Value Per Value c oS—L Z �� O�C�nfr� cn7t i✓ Acre `' `�� 1 r-- a 0 3 �3 fees4 t"� 1 0 Tillable 1ch I' Tillable 2 1114 ami Tillable 3cn Tlmfi n Woodland Rrmchl FRONTAGE ON WATER I Swampland _ _ A � ]1 �➢ L a 0 Brushland FRONTAGE ON ROAD 1 r ;�_ p'� 1 House Plot ONING BOARD OF APPEALS DEPTH f BULKHEAD ( 3� — �� mn m Total DOCK 2 -- m N - m •tea -•--ti- W SCTM #', _ TOWN OF SOUTHOLD PROPERTY RECORD CARD FjW CD OWNER STREET a VILLAGE DIST. SUB. LOT N m N lr`(�a ACR. o REMARKS p. TYPE OF BLD. . w PROP. CLASS LAND IMP. TOTAL DATE CD Lao I� Co r �� U) O C O NIG BDA co Rrj m APpFAL6 0 70 FRONTAGE ON WATER HOUS1=/LOT - -a BULKHEAD m TOTAL m w ON t. - �- ' ■■■ice■ ■■i�iiii■iii!!!■i■ �4. �;`` ' `... , ■■■ice !■■■■�■■t■■ ■■N EN � •°• � .�,�,. ::� �.+`_ � '- s � , _ iii■ ■t■�:■:�■`�'■viii SEEM ME .. . . :s.-.���"=��s «��� � _3 � �. �� .. , ,� YY-~ �v�■!7;■�/'�1■■�:�/li�l■Gid■■�■■■■ -. ' — `%;? :L; Jr-:;_ Qu;..•• .s` :ii•?Siy... :y-,i::,.ei'l;:ir. '_-7:"7.`t`'-:: ■�� ��������� _ - ������� �■ ■■■■■■■■iia■■ ■■■■■■■ ■■ Ill■R!�■iii■■ti■i feu"ndction Basement r . � ;mss • r �Type Rooms 2nd Floo! Mmici Mv S • w s- ■ r - oFoe,�►�® ELIZABETH A.NEVILLE,MMC may. l/y Town Hall,53095 Main Road TOWN CLERK ® � P.O.Box 1179 vs ae Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® . Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �O,( ,�`�® www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 14, 2017 RE: Zoning Appeal No. 7107 Transmitted herewith is Zoning Appeals No. 7107 for Martha Rosenthal-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, Certificate of Occupancy, Findings Deliberations and Determination Meeting of May 10, 2007, Photos, Property Record Card, A Cover Letter from Matthews & Ham-Attorneys & Counselors at Law to the Zoning Board of Appeals, A Letter from Martha Rosenthal to the Zoning Board of Appeals, Survey, and Drawings. * * * RECEIPT * * * Date: 08/14/17 Receipt#: 227469 Quantity Transactions Reference Subtotal` 1 ZBA Application Fees 7107 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#15261 $500.00 Rosenthal, Martha Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Rosenthal, Martha 10 Birch Rd West Hartford, CT 06119 'Clerk ID: SABRINA Internal ID,7107 izl � =1 D DEC 117 o-y._3LQQ "`®`- AFFIDAVIT STATE OF CONNECTICUT ) ss.: COUNTY OF HARTFORD ) EDWARD F. ROSENTHAL and MARTHA E. ROSENTHAL, being duly sworn, depose and say: 1. We reside at 10 Birch Road, West Hartford, Connecticut 06119. 2. Martha E. Rosenthal is the owner of premises at 822 Munnatawket Avenue' Fishers Island, New York (SCTM # 1000-6-3-2), which premises are the subject of Application No, 7107 to the Board of Appeals of the Town of Southold. Edward F. Rosenthal is a former co-owner of the aforesaid premises 3. We are both fully familiar with the facts and circumstances surrounding the improvements made to the subject premises since we both acquired an ownership interest in such premises in 1977. 4. We have both reviewed the Memorandum to the Zoning Board of Appeals of the Town of Southold prepared by our attorney, Stephen L. Ham, III, Esq., a f copy of which is attached hereto. All of the facts and circumstances set forth in that Memorandum, including those related to our knowledge concerning the Zoning Code requirements and the issuance of building permits and Certificates of Occupancy, are accurate and complete. 5. In particular, neither we nor any co-owners with us ever built or caused to be built any additions, improvements or alterations to the subject premises knowing them to be in violation of any building or zoning codes. When advised that there were open permits affecting our property, we always made prompt payment to renew them. We were unaware until recently that there was an open permit for an add ,iJiQn when we purchased the property in 1977 or that our rear porch and deck were 'not-covered by the 1989 permit obtained by our contractor, Anthony Marshall. We have actively sought to have our property inspected by the Building Department, even replacing at substantial expense a staircase that the Building Department had initially approved but that turned out to be in violation of the State Building Code when inspected. Until recently, we were unaware of the procedures for obtaining Certificates of Occupancy, assuming either that they were obtained by our contractors or that our payments to renew permits as requested by the Building Department satisfied our obligations in that regard. 6. We make this affidavit in order to assist the Board in making a determination with respect to the application of Martha E. Rosenthal, knowing it will rely on the truthfulness hereof. l Edward P. Rosenthal kA - Martha E.. Rosenthal Subscribed and SXorn to Bef re Me This 6 'Day of December, 2017 Lisa A Brown Notary Public Y Notar Public-Connecticut _ �r��� My Commission Expires I" August31,2019 MATTHEWS Sc HAM ATTORNEYS AND COUNSELORS AT LAW ' Ar 38 NUGENT STREET /\® SOUTHAMPTON, NEW YORK 11988 PHILIP B. MATTHEWS (1912-1992) 831-283-2400 STEPHEN L.HAM, III FACSIMILE 831-287-1078 BARBARA T.HAM e-mail:Matthamesq@aol.com December 7, 2017 i MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold I ! FROM: Stephen L. Ham, III RE: Application of Martha E. Rosenthal (SCTM No. 1000-006.00-03.00-002.0001 This Memorandum is being submitted in support of the application of Martha E. Rosenthal (Application No. 7107) for a variance relating to premises owned by her at 802 Munnatawket Avenue, Fishers Island, New York (SCTM No. 1000-6-3-2). I VARIANCE REQUESTED The applicant is requesting a variance to the Southold Town Zoning Code I (the "Zoning Code") to legalize certain "as-built" additions and alterations on her I approximately 0.29-acre parcel as shown on the Survey Map prepared for Martha E. Rosenthal by CME Associates Engineering, Land Surveying &Architecture, PLLC under date of June 12, 2017 (the "Survey"). The variance is necessary to the extent these additions and alterations lie within the required 35-foot minimum rear yard setback under the Zoning Code. The additions and alterations are the subject of open building permit nos. 40540 and 40542 which reflect the merger and renewal of permits issued in 1976 and 1989 1 and the renewal of a permit issued in 2007. For the reasons set forth below, these permits have never been closed out with Certificates of Occupancy. The 1976 permit covered a bedroom addition and storage area constructed by the then owner, Robert Sorenson. The 1989 permit approved plans for a second floor addition and alterations to the first floor but (unbeknownst to the applicant) it did not cover a rear porch and deck which the applicant's builder constructed anyway. In 2007, the applicant applied for a building permit to make alterations to several first floor rooms and to construct a front porch addition. The front porch addition was denied due to the fact that a small portion of an overhang was within the 35-foot rear-yard setback line. At that point the applicant sought and obtained a variance(Application No. 6024)and, upon its issuance, caused the porch and its overhang (along with the approved alterations) to be added to the residence. All of the foregoing additions and alterations for which the applicant is seeking a variance to the rear-yard setback requirement are permitted uses in this R-80 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code. Therefore, the requested variance is an area variance. Town Law§267.1 and the standards of Town Law §267-b(3)(b) apply. RELEVANT FACTS The applicant acquired a 50% interest in the property with her husband in 1977. They purchased the other 50% interest in the property from their co-owners in 2004. In 2005, the applicant's husband transferred his 50% interest to the applicant, at which point she became the sole owner of a 100% interest in the property. The Building Department issued the 1976 permit notwithstanding that a i portion of the proposed bedroom addition and storage area covered by that permit would 2 be constructed within the required rear yard. When they purchased the property in 1977, the applicant and her co-owners were unaware of this permit and the fact that it had not been closed out with a Certificate of Occupancy, let alone that the addition had been built partially within a required rear yard. The 1989 permit was secured by the contractor,Anthony Marshall,who was hired that year by the applicant and her co-owners to construct a second story addition and perform first floor alterations. In connection with that work and at his suggestion, Mr. Marshall added a porch and deck in the rear yard. In 2007, the applicant hired a different contractor to add a front porch, to convert the rear porch constructed by Mr. Marshall to a "three-season room" and to make other alterations to her residence. Only then did she became aware that Mr. Marshall had never obtained a Certificate of Occupancy to close out the 1989 permit and, prompted by the Building Department, paid a fee to renew the 1989 permit, not realizing that it had to be closed out with a CO. It was not until 2007 as well that the applicant became aware of the 35-foot rear yard setback requirement and it was not until this year when she was advised by her attorney who had spoken to Chief Building Inspector Michael Verity that the applicant became aware that only the second story addition and certain alterations were covered by the 1989 permit issued to Mr. Marshall and that the rear porch and deck were built by him without benefit of a permit. The illegality of the rear porch and deck were not questioned by the Building Department until this year. Indeed, the plans on which the 2007 permit was issued reflect the conversion of the"existing"rear porch to a"three-season room"and show an"existing" deck. In issuing the 2007 permit, the Building Department never questioned the legality 3 of those structures. The only denial relating to the 2007 permit was for the covered porch at the front of the house due to the presence of the overhang in the 35-foot rear yard setback and the applicant sought and obtained a variance for that problem. The legality of the rear porch and deck apparently never came up at the Zoning Board hearing either nor was that issue addressed in the Board's decision. Inspections to close out the 2007 permit revealed a Building Code problem with the staircase which has since been rectified. It was not until earlier this year, through several conversations between the applicant's husband and attorney with Mr. Verity that the applicant really became fully aware of all of the legal issues pertaining to her property. In any event, all of the improvements to the applicant's property have now been inspected and found by the Building Department to be in compliance with applicable building codes. Except for the payment of applicable fees,the only matter remaining to be resolved before Certificates of Occupancy can be issued to close out the open permits is the requested variance to the minimum rear yard setback. ANALYSIS OF AREA VARIANCE CRITERIA The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)areas follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances 4 0/ present in the instant matter in light of the foregoing factors follows . 1. Relative Benefit and Detriment. There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. All the uses in question are permitted uses. All of the features of the dwelling and deck in their current configurations have been in place for at least ten years and,with the exception of the front porch, their footprints and the lot coverage have not changed in close to thirty years. Moreover, there will be no further changes or additions if the requested relief is granted. There will be no increase in noise or traffic. Even though the subject parcel is a mere 12,534 square feet in area, the lot coverage is only 16.7%, well within the 20% maximum permitted in this R-80 Zone District. Under these circumstances,the benefit to the applicant of the improvements in question clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. Preserving the improvements made to the applicant's residence will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, with the exception of the front porch which already has the benefit of a variance,the improvements have been in place and the building's footprint has remained unchanged for close to thirty years and the applicant is not requesting relief for any expansion. Second, the subject parcel is for all intents and purposes isolated from nearby properties in a neighborhood with very few houses. On the east, Munnatawket Avenue is essentially no more than a driveway that serves one and perhaps two other properties. On the north, south and west, the parcel is surrounded by property owned by 5 Richard and Amanda Riegel. The applicant's house is well away from the Riegels' house and is shielded from view by heavy vegetation at the point where it is closest to the Riegel property line. Accordingly, the visual impact of the applicant's house and deck has always been and will continue to be very limited. Finally, the Riegels themselves, the only neighbors who could possibly be affected by the rear yard setback encroachment in this case, have advised your Board by letter dated November 29, 2017 that the Rosenthal improvements have "no impact" on their property. 3. Alternatives. The subject parcel is very small for the Zone District in which it lies, having an area of only 12,534 square feet which is less than 16% of the minimum lot area requirement in its R-80 Zone District. Even when the relief provisions for nonconforming lots are applied, the building envelope for the parcel would be extremely restricted as indicated on the Survey. Therefore, even if the lot were vacant and new construction were being proposed for the first time, this situation would present a classic case of"practical difficulty" since a front yard or a rear yard variance would certainly be necessary in order for the owner to utilize her lot. Given the practical difficulty, if construction of the residence, deck and porch in their current sizes and configurations was being proposed prior to the grant of a variance, the only question would be whether the applicant should apply for a front yard variance to build closer to Munnatawket Avenue or a rear yard variance to build closer to the boundary with the Riegel property. In light of the size of the adjoining Riegel lot, the existing vegetation and the positioning of the Riegel house, the least impact would be 6 produced by placement of the improvements at the rear of the property. Accordingly, if the improvements to the applicant's property did not now exist but were merely being proposed for construction, the best alternative for their location would require a rear yard setback variance just as one is now required to legalize their"as-built" status. In summary, based on the size of the applicant's property and its severely restricted building envelope, even if her improvements were now being proposed instead of being "as-built", she would have no viable alternative but to seek a variance of some sort. Furthermore, due to conditions present on the neighboring Riegel property mitigating any possible adverse impact, a rear yard setback variance would be the best alternative anyway. 4. Substantial Nature of Variance. Without considering any other factors or circumstances present in this case, the variance requested in this application would certainly be deemed substantial. However, given the small size of the applicant's lot and the narrowness of the building envelope, substantiality should not be a significant consideration here, especially where the improvements in question are located in the yard where they produce no impact on the character of the neighborhood. 5. Impact on Physical and Environmental Conditions. Since no expansion is proposed, whatever impact on physical and environmental conditions the construction of the improvements may have had some thirty years ago, that impact has long since been absorbed. Accordingly, granting the requested variance will have no impact on physical and environmental conditions at the site. 6. Self-Created Hardship. Self-created hardship is an issue in this case to the extent certain of the improvements were built without the benefit of a building 7 permit and all of the ones for which relief is now being sought violate the required rear yard setback under the Zoning Code. While the applicant could arguably be charged with knowledge of these nonconformities, in the case of the 1976 permit and the 1989 permit, the Building Department itself actually approved plans for first and second story additions within the required rear yard setback and, in the case of the 2007 permit, the Building Department did not question the legality of the deck or rear porch but instead approved alterations to the "existing" deck and conversion of the "existing" porch. The applicant herself did not become aware of the 35-foot setback requirement until after all construction other than the front porch had been completed and, until her attorney was so advised by the Building Department earlier this year, she did not realize that her deck and rear porch (now three-season room) were not covered by the 1989 permit secured by her contractor. Submitted herewith is an affidavit of the applicant and her husband testifying as to their knowledge and assumptions with respect to the various permits issued and improvements made over the years. It is clear that, while the knowledge of the applicant and her co-owners was imperfect and their assumptions were at times mistaken, they always acted in good faith. In light of the facts that(i) neither the applicant nor the prior co-owners of the subject parcel acted in willful disregard of the law, (ii) the applicant would have faced a practical difficulty and would have had no alternative but to seek a variance of some sort in any event, and (iii) the siting of the improvements in the rear yard has no impact on the character of the neighborhood,self-created hardship should not be a serious consideration in this case. 8 V 01 CONCLUSION Based upon the foregoing,the applicant would have been able to show good cause for the granting of a variance from the rear-yard setback requirement had she made application for such relief prior to construction of the improvements to her residence. Accordingly, the relief requested in order to permit the applicant to obtain Certificates of Occupancy for these "as-built" improvements after construction should be granted. S.L.H., III 9 2017 94 BROADBROOK ROAD BEDFORD HILLS, NY 10507 November 29,2017 Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Application of Martha E. Rosenthal(No.7107) Dear Board Members: We are writing In support of the application of Martha E. Rosenthal for the variances that are necessary for her to obtain Certificates of Occupancy for the improvements to her residence at Munnatawket Avenue on Fishers Island. We are the owners of the property bordering the Rosenthal property on the north, west and south and are familiar with the survey of the Rosenthal property that shows the deck as close as 6.5 feet and the house as close as 7.9 feet from our property ' line. Although those setbacks are relatively small, the proximity of the Rosenthal improvements to our property line has no impact on our property. Our house and accessory buildings are located well away from the Rosenthal property and we have no present intention of erecting any structures near to the Rosenthal property. We understand that no additional improvements to the Rosenthal property are proposed. Accordingly, we urge you to grant the relief requested in the referenced application. Fy Richard E. Riegel III IL Amanda Riegel BOARD MEMBERS OF S®(/j Southold Town Hall Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes ac Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�C®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 7, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 7, 2017: 9:45 A.M. - MARTHA E. ROSENTHAL #7107 — Request for a Variance under Article XXIII, Section 280-124 and the Building Inspector's July 17, 2017, Amended July 31, 2017 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing single family dwelling; at: 1) located less than the code required minimum rear yard setback of 35 feet; located at: 802 Munnatawket Avenue, Fishers Island, NY. SCTM#1000-6-3-2. 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: kimf@southoldtownny.gov Dated: November 16, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 L 1�. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork net November 6, 2017 Re: Town Code Chapter 55 -Public Notices for Thursday, December 7, 2017 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than November 27th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 29th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 5, 2017. 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 Enols_ u y II ZONING BOARD OF APPEALS j TOWN OF SOUTHOLD, STATE OF NEW YORKj �w----------------------------------------------------------------------X �`+-�. In the Matter of the Application of 666 Martha E. Rosenthal AFFIDAVIT OF MAILING S.C.T.M. No. 1000-006.00-03.00-002.000 j COUNTY OF SUFFOLK ) ss.. j STATE OF NEW YORK ) i I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 24th day of October, 2017, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. L • ' i Stephen L. Ham, III Sworn to before me this j .2/J,"'day of November, 2017 i Notary Public, State of New York BARBARA T. HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 l�f I i I I I / 1 s o ru 1-0 FAIT f i t 1� rr Lr S BED O E �I S 5 L C+968 r � m Certified Mad Fee $3 L 35, } 1T 14 O Postage- ,q M $ C77 so CIO N-, F�draServicas&Fees(checkbox,ed$dfeap= �• Certified Fee 1 16 Postm 4 41t 1{ ❑RetumReceipt(herdcoPYl $ X111 fl i ,y�P stma, (71 V O 1I I p ❑Return Recelpt(efectmnic) ^' CO Return Receipt Fee $[i,t_10 -) e t I O ❑CenmedMallRestdctedDeilvery $ ... ^� He�fl,� O (P-ndorsementRequired) C Z�l O ❑AdultSlgnatureRequired $ Restricted DelrveryFee Lfi l �� ❑Adult Signature Restricted Delivery$ O (Endorsement Required) � \\: O Powe $0.49 42 4 r•R Total Postage&Feesru Lrl Total postage and ads r t I f 1a rLl U.J M .r9 Sent To $ Mark W. Holzner & Leslie J. Marshall - Sent To ---�---- r - -- -------------- - - -= --- - -- ---�;^- Richard En.._Rie el_.&_ C Street&Apt.No., St�eef andApENo.,ob Box No. PoeoxNo. 164 Farist Road _ __________________ ------------------------------ - ---- �� -------------------------------•--- t•- 9 4__Br o ad.Brook_Ro�------------------------------------------ or - c.tysrere,ziP+a' Fairfield, CT 06825 c�ry'stare,ZIP+4® Bedford Hills NYI 111.1 Ln /° • 43 . . E3 FIS ECS S, NQ V 6NY 6 -L ii �® rn Certified Mall Fee $3.35 0968 c $ 1 s7{' J] Extra Services&Fees icheckbox,addree,pypp (ate) r��OCT ��� ❑Return Receipt (hardoepy) $ 88���� O ❑Retum Receipt(electronic) $ ` +- • ark y O ❑Certified Mall Restricted Delivery $ $0 00e ••� {{i 0 ❑Adult Signature Required $ }.(` r�$ 4 2017 0 ❑Adult Signature Restricted Delivery$ O Postage $11.49 $ \ J] 1 rr) Total Postage and b e— 2 m $ � Sent To ,-a FI Getawa _LLC------------------------------------------- ---------- 1 -G O StreetihMfi.Afo.,or Pb Boz o. P, Q.. �Qx z�4----------------------------------------------- arysrare,zFishers Island, NY 06390 :/1 1 11 111•1, _ _ 1 • / / / DEbVERY RPER-.'&6MP' A. Signature ■ Complete items 1,2,and 3. 0 Agent I ■ Print your name and address on the reverse ❑Addressee I i so that we can return the card to you. B. Received by(Printed N me) C. ate elivery ® Attach this card to the back of the mailpiece, ' or on the front if space permits. 1. Article Addressed to: D: Is delivery address different from dem 1? 13 Yes IfYES,enter delivery address below: p No ( Amanda J. Riegel Richard E. Riegel � K 94 Broad Brook Road Bedford Hills, NY 10507 III 111111 III!IIS I I I I I II 1111 II I I I II I II I I Ill I III Service Type 13 Priority Mad Expresso El ❑Adult Signature ❑Registered MaIITr^ ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted Ek Certified Maile Delivery i 9590 M3 0349 rj 163 8502 05 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise TM ❑Collect on Delivery_RestdctesLDelive�E SiP.ngure C`_._o _nfirmation 2.. ArttiCIe Numbe-i Tg nsfer froom+!-ent a lah g on �"` ,f�1!'� E `, Yt i • .I.� .r �. l� l' F, :?"�f(7�.ii i , ,;��j+�'a t'V - ,t - - � < ipt �, ,S Form 3811 ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 6-3-1 Amanda J. Riegel Richard E. Riegel 94 Broad Brook Road Bedford Hills, NY 10507 6-3-3 Mark W. Holzner Leslie J. Marshall 164 Farist Road Fairfield, CT 06825 6-3-4 FI Getaway P. O. Box 214 Fishers Island, NY 06390 s . .ehl J ■ Complete items 1,2;and ■ Print your name.and address on the reverse ti so that we cart return the card to you. ©Agent ❑Addressee ■ Attach this card to the back of the mailpiece, B• Re d by Naq C. Date of Delivery or on the front if space permits. 1ti 2 f I. Article Addressed to: D. Is deliv dress d nt from°t ❑Yes Mark W. Holzner If YE a rd g belo " p No f Leslie J. Marshall r OCT 21 2017 i 164 Farist Road 1.0 `O `0 „Fairfield.CT 06825 � s i Fairfield, CT 061825 f fIIIIIIII�ffl IIID III II Illi Ili IIII�IIIIIIII III I13 7 AduIlS Signature Restrictedice Type ❑Registered eMail d M PM ssO 9590 9403 0349 5163 6501 99 d Delivery ❑Delivery Mail Restricted �Certified Mail® Delwery t ❑Certified Mail Restricted Delivery ❑Return Recelpt for ❑C011ect on Delivery Merchandise —2._Article_Numbet-Mransfer from service/abe0. ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTm 7 014 212 0 0 0 0 3r'8 Q p], °7 215' '{ '-'inured Mail . ( i t ; El Signature Confirmation �sured Mall Restricted Delivery i Restricted Delivery Sver$500) PS Form 3811;April 2015 PSN' 53 ° ' Domestic Return Receipt MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORF 11988 w PHILIP B. MATTHEWS (1e12-1ee2) 631-283-2400 �\a STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM e-mail Matthamesq@aol.com UC November 22, 2017 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Martha E. Rosenthal (SCTM No. 1000-006.00-03.00-002.000I Dear Kim: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the several properties to be notified, the three original certified mail receipts and two of the three signed green return receipt cards. I will provide the third signed green card if and when it is returned to me. I will scan and email the signed and sworn to Affidavit of Posting upon receipt and deliver the original of that Affidavit at or prior to the hearing. Sincerely, L Stephen L. Ham, III Enclosures l ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Martha E. Rosenthal AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. Nos. 1000-006.00-03.00-002.000 ----------------------------------------------------------------------x COUNTY OF NEW YORK ) ss.. STATE OF SUFFOLK ) - I, Thomas Ahlgren, residing at 1525 Peninsula Road, Fishers Island, New York, being duly sworn, depose and say that: On the 21 st day of November, 2017, 1 personally placed the Town's Official Poster,with the date of hearing and nature of the application of Martha E. Rosenthal noted thereon, securely upon the property of Martha E. Rosenthal, 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 (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be December 7, 2017. Thomas Ahlgren Sworn to before me thisZ11111 day of November, 2017 4�,4COL4 (N&a Public) tIPW-ZZ6�3 TYPESET Mon Nov 27 17.20.00 EST 2017 HERB LEWIS#7111—Request for a Vari- LEGAL NOTICE ance under Article HI,Section 280-15 and SOUTHOLD TOWN ZONING the Building Inspector's August 14,2017 BOARD OF APPEALS Notice of Disapproval based on an applica- THURSDAY,DECEMBER 7,2017 tion for a permit to construct an accessory PUBLIC HEARINGS in-ground swimming pool;at:1)located in NOTICE IS HEREBY GIVEN,pursuant to other than the code required rear yard; Section 267 of the Town Law and Town Code located at: 4525 Breakwater Road,Mat- Chapter 280(Zoning),Town of Southold,the tituck,NY.SCTM#1000-99-2-17. following public hearings will be held by the 11:30 A.M.-LORI AND NEIL KEARNS SOUTHOLD TOWN ZONING BOARD OF #7112—Request for a Variance under Arti- APPEALS at the Town Hall, 53095 Main cle IV,Section 280-19 and the Building In- Road, P.O Box 1179,Southold,New York spector's July 14, 2017 Notice of Disap- 11971-0959,on THURSDAY,DECEMBER proval based on an application for a permit 7,2017. to make roof alterations to an existing ac- 9:30 A.M. - STRITZLER FAMILY cessory building (pool house); at: 1) less TRUST #7106— Request for a Variance than the code required minimum setback under Article XXH,Section 280-116 and from the property line of 15 feet;located at: the Building Inspector's July 26,2017 No- 18075 Soundview Avenue(Adj.to the Long tice of Disapproval based on an application Island Sound), Southold, NY. for an amendment to the Building Permit SCTM#1000-51-1-8. No.41221 to construct additions and alter- 1:00 P.M. - DURANTE AND ANNA ations to an existing single family dwelling; GALEOTAFIORE#7113—Request for a Va at: 1)located less than the code required riance under Article XXIH, Section 100 feet from the top of the bluff„located 280-124 and the Building Inspector's Au- at: 955 Soundview Avenue(Adj.to Long gust 23,2017 Notice of Disapproval based Island Sound), Mattituck, NY. on an application for a permit to construct SCTM#1000-94-1-8. additions and alterations to an existing sin- 9:45 A.M. -MARTHA E.ROSENTHAL gle family dwelling;at:1)less than the code #7107—Request for a Variance under Arti- required minimum front yard setback of cle XXIII, Section 280-124 and the 35 feet; located at: 2675 Hobart Road, Building Inspector's July 17, 2017, Southold,NY.SCTM#1000-64-5-32. Amended July 31,2017 Notice of Disap- 1:15 P.M.-MATTHEW MIZRAHI#7114 proval based on an application for a permit —Request for a Variance under Article IV, to legalize"as built"additions and alter- Section 280-19 and the Building Inspec- ations to an existing single family dwelling; tor's August 4,2017 Notice of Disapproval at: 1)located less than the code required based on an application for a permit to minimum rear yard setback of 35 feet;lo- legalize "as built" accessory ground- cated at:802 Munnatawket Avenue,Fish- mounted solar panels; at: 1) located less ers Island,NY.SCTM#1000.6-3-2. than the code required minimum setback 10:00 A.M.-ZANE SELLIS#7108—Re- from the property line of 15 feet;located at: quest for a Variance un erArticlelH,Sec- 530 Hobart Road, Southold, NY. tion 280-15 and the Building Inspector's SCTM#1000-64-1-32. August 9,2017 Notice of Disapproval based 1:30 P.M. - SHAWN FITZGERALD/ on an application for a permit to construct FITZGERALD S P REV. LIV. TRUST an accessory garage;at:1)located In other #7115—Request fora Variance from Arti- than the code required rear yard;located cle XXII Section 280-105C and the at: 25335 NYS Route 25, Orient, NY. Building Inspector's July 27,2017 Notice SCTM#1000-18-3-13. of Disapproval based on an application for 10:15 A.M. -GIAN MANGIERI#7109— building permit to construct an eight(8) Request for a Waiver of Merger petition foot deer fence,at;1)more than the code under Article II,Section 280-10A,to un- required maximum four(4)feet in height merge land identified as SCTM No. when located in the front yard,located at: 1000-125-3-18, which has merged with 495 Paddock Way, Mattituck, NY. SCTM No. 1000-125-3-2.3, based on the SCTM#1000-107-4-2.10. Building Inspector's July 6,2017 Notice of The Board of Appeals will hear all persons Disapproval, which states that a non- or their representatives,desiring to be heard at conforming lot shall merge with an adja- each hearing,and/or desiring to submit writ- cent conforming or non-conforming lot ten statements before the conclusion of each held in common ownership with the first hearing. Each hearing will not start earlier lot at any time after July 1,1983 and that than designated above Files are available for non-conforming lots shall merge until the review during regular business hours and total lot prior to the day of the hearing If you have size conforms to the current bulk schedule questions,please contact our office at,(631) requirements (minimum 80,000 sq. ft. in 765-1809, or by email. KimF@ the Agricultural Conservation Zoning Dis- southoldtownny.gov trict);located at:2050 NYS Route 25,Lau- Dated November 16,2017 rel, NY. SCTM#1000-125-3-2.3 & ZONING BOARD OF APPEALS 1000-125-3-18. LESLIE KANES WEISMAN, 10:45 A.M. - FLEMING TJ AND HB CHAIRPERSON TRUST#7110—Request for Variances un- BY Kim E Fuentes der Article XXIII,Section 280-124 and the 54375 Main Road(Office Location) Building Inspector's July 20,2017 Notice 53095 Main Road(Mailing/USPS) of Disapproval based on an application for P.O.Box 1179 a permit to construct additions and alter- Southold,NY 11971-0959 ations to an existing single family dwelling; 2146600 at:1)less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard set- back of 35 feet;located at:30(a.k.a 355) Osprey Nest Road, Greenport, NY. SCTM#1000-35-6-18. 11:00 A.M. - JON TOMLINSON AND #0002146600 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 weeks(s),successfully commencing on 11/30/2017 Principal Clerk Sworn to before me this 4—day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Expires February 20,2020 BOARD MEMBERS �F soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporai[ Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCQU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 27, 2017 Stephen L. Ham, III Attorney at Law 38 Nugent Street Southampton,NY 11968 Re: ZBA File# 7107 Martha Rosenthal, 802 Munnatawket Avenue, Fishers Island SCTM No. 1000-6-3-2 Dear Mr.Ham; Transmitted for your records is a copy of the Board's December 21,2017 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 the attached determination to the Building Department. If you have any questions, please call the office. Sincerely, 1��- �LL Kim E. Fuentes Board Assistant Encl. cc: Building Department 14UTlk . E t� F HEARli4u The following application will be heard by- the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME ROSENTHAL, MARTHA #7107 MAP # 6 .-3-2 VARIANCE SETBACK REQUEST LEGALIZE "AS BUILT" ADDITIONS/ALTERTIONS DATE : THURS DEC . 7 t201 9 :45 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD -TOWN OF SOUTHOLD 765- 1809 BOARD MEMBERS Of SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor,Capital One Bank Gerard P.Goehringer '�cO �� 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 August 14, 2017 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7107 Owner/Applicant: Rosenthal, Martha Action Requested: Legalize "as built" additions/alterations - 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 By: � Encls. 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