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NO MORS
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson ��®F s® �® 53095 Main Road•P.O.Box 1179
�® �® Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes CA Town Annex/First Floor
Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COW, Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064 RECEIVED
FINDINGS,DELIBERATIONS AND DETERMINATION M SEP 2 6 2018
MEETING OF SEPTEMBER 20,2018 &
0,2018l�, i��
So hold Town Clerk
ZBA FILE: 7168
NAME OF APPLICANT: Reuben and Margery David
PROPERTY LOCATION: 1130 Glenn Road, (Adj.to West Creek), Southold SCTM#1000-78-2-29
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 thru A 14-25 and the Suffolk County Department
of Planning issued its reply dated March 16, 2018 stating that this application is considered a matter for
local determination as there appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront
Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization
Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 19,
2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as
well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP
policy standards and, therefore is INCONSISTENT with the LWRP. In his comments the LWRP
Coordinator states that the "as built accessory" apartment does not meet Town Code regulations and was
constructed without benefit of Board review. Furthermore, a portion of the residence is located within the
FEMA Flood Zone—0.2 PCT Annual Chance Flood Hazard.
PROPERTY FACTS/DESCRIPTION: The subject property is located at 1130 Glenn Road, Southold,
NY and measures a total of 29,620.8 square feet. The northerly property line measures 100.00 feet and
faces Glenn Road, the easterly property line measures 264.04 feet and the southerly property line
measures 79.88 feet and 89.99 feet adjacent to West Creek with a total of 169.87 feet and the westerly
property line measures 284.99 feet. The property is improved with a single-family dwelling that was
constructed in 1985. The property has an existing dock and floating dock on the southerly portion that
abuts West Creek within a tidal wetlands buffer of 10 feet as shown on the survey dated August 5, 1985
prepared by Howard W. Young, L.S.
BASIS OF APPLICATION: Request for Variance from Sections 280-13(A)(6)e, and the Building
Inspector's February13, 2018, Notice of Disapproval based on an application for a building permit to
legalize an"as built"accessory apartment in an existing single-family dwelling; at; 1) "as built" accessory
Page 2, September 20, 2018
#7168, David
SCTM No. 1000-78-2-29
apartment exceeds 40% of the livable floor area of the existing dwelling unit; at: 1130 Glenn Road, (Adj.
to West Creek) Southold,NY. SCTM#1000-78-2-29.
RELIEF REQUESTED: The applicant requests a variance for a permit to legalize an "as built" accessory
apartment in an existing single-family dwelling at 1130 Glenn Road, Southold, NY, SCTM#1000-78-29.
The "as built" construction, on this 29,620.8 square foot lot in the R-40 Zoning District, is not permitted
pursuant to Article III, Section 280-13(A)(6)e, which states: The accessory apartment shall not exceed
40% of the livable floor area of the existing dwelling unit and any addition thereto permitted under
Section 280-13B(13)(i) hereof. The livable floor area of the as-built accessory apartment is
approximately 90.9% of the livable floor area of the dwelling unit.
ADDITIONAL INFORMATION: On October 19, 2016 the Southold Board of Trustees authorized to
this applicant a Wetland Permit for the existing 2,164 square foot dwelling to construct a 4 foot by 20.2
foot first floor addition; existing 42 feet by 12.3 feet deck to be reconstructed and proposed to be
extended 26.5 feet by 8 feet south side and 12.3 feet north side along the rear of the existing home with
new 4 foot wide stairs to grade; construct a 42.6 by x10.5 foot screened-in porch below deck; construct a
4 by 6 feet outdoor shower; install a new drywell; remove 8 foot by 16 foot shed in side yard, and for the
existing 4.3 by 8.2 foot "doll house" shed to remain; with the condition to establish and perpetually
maintain a 10 foot wide non-turf buffer located along the landward edge of the tidal wetlands; as depicted
on the revised site plan prepared by MCH Design Services, dated November 27, 2016 and stamped and
approved on December 2, 2016.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on July 5, 2018 and August 2,
2018 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. The subject dwelling received a certificate of Occupancy for a new one family dwelling,
Certificate of Occupancy#Z13895 dated October 3, 1985 and issued to Lars Torkelsen.
According to Building Department records,the basement level was described as unfinished space.
At some point, the basement level was converted to livable space,without benefit of a permit,
including what the applicant's attorney refers to as a"summer kitchen. "
2. The David's were issued Building Permit#41845 on 7/27/2017 to "legalize an as built basement
altered into living pace and to construct new additions and alterations to the existing single family
dwelling as applied per Trustees approval" (see additional information above).
3. On February 13, 2018,the Building Department denied the applicant a building permit for
additions to an existing rear yard deck, and issued a Notice of Disapproval requiring a variance to
legalize an "as built" accessory apartment in an existing single-family dwelling which size is
approximately 90.9 percent of the livable floor area of the subject dwelling, where the code
permits a maximum of 40 percent.
4. The applicant applied for variance relief stating in their application that, although there is a full
second kitchen on the lower/basement level,the home remains a single family residence, and the
applicants have not created, nor do they desire to create an accessory apartment. Rather,they are
requesting a variance to maintain the as built second kitchen. While the application does seem to
question the Building Department's determination that the second kitchen created an "accessory
Page 3, September 20, 2018
#7168, David
SCTM No. 1000-78-2-29
apartment,"the applicant still only sought variance relief,the applicant did not seek an
interpretation challenging the Building Department's determination. Specifically,the applicant
stated in the Reasons for Appeal" section of the application that the owner is not requesting an
accessory apartment, only a second kitchen in the single family dwelling. Therefore, it could be
argued that in the application, the applicant, although not agreeing with the determination that the
second kitchen constituted an accessory apartment, did recognize that a variance was required for
the second kitchen in a single family dwelling.
5. The Members of the Board of Appeals conducted personal site inspections of the interior of the
subject dwelling prior to the public hearing which was held on July 5, 2018, and observed that the
subject dwelling is sited on a sloping property that creates a primary entrance at grade facing the
road frontage and another entrance at the basement/lower level at the rear of the dwelling,
accessed through an enclosed porch. The interior of the basement level contains an office/studio,
workshop, full bathroom, mechanical and two storage rooms, a complete kitchen containing a
cook top, oven, refrigerator, sink, dishwasher, counter tops and built-in kitchen cabinets labeled
kosher kitchen, a great room with exercise area, a bedroom, and an enclosed screened porch, all
built without benefit of a permit. The office,kitchen, great room, bedroom and enclosed porch all
have windows. The upstairs is accessed through an open staircase without a door, all as shown on
a foundation plan labeled Sheet No: A-1 dated 12/21/2017 prepared by MCH Design Services.
This floor plan was preceded by a floor plan drawn and stamped by James J. Deerkoski, Licensed
Professional Engineer dated 7/12/2017 submitted to the Building Department for the issuance of
Building Permit#41845 issued on 7/27/2017 in which the kosher kitchen is labeled as "existing
snack bar"consisting of a sink with counter, dishwasher, and refrigerator and without a stove
shown on the drawing. No plans for the upper level were provided but personal inspection
confirmed an as built complete kitchen on that level and an open staircase to the lower/basement
level.
6. At the public hearing on July 5, 2018 the applicant submitted testimony, and argued in support of
the granting of the variance. No evidence or testimony was presented that supported the
proposition that a second kitchen is allowed in a single family dwelling. At that time, the Board
of Appeals asked the applicant to return to the Building Department to determine the feasibility of
creating an accessory apartment from a portion of the as built basement level that was closer to
the code permitted maximum of 40 percent of the livable floor area of the dwelling in order to
keep the lower level kitchen, or removing the stove from the basement and relocating it to the
kitchen on the upper level. The hearing was adjourned to the next month.
7. Prior to the next hearing date, in a letter dated July 31, 2018,the applicant's representative
submitted a"Memorandum of Law" in which the applicant's representative, relying on the Court
of Appeals case Baskin v Zoning Board of Appeals of the Town of Ramapo, 40 NY2d 942
(1976), argued that a second kitchen is an allowed use in a single family dwelling.
8. At the second hearing on August 2, 2018 the applicant's attorney informed the Board that she and
the applicants met with the Chief Building Inspector and decided that it was not financially
feasible for either option to be implemented since the applicant's had already spent considerable
money on renovating the house,which were renovated without a building permit, including both
kitchens, and requested that the Board grant a variance for the second kitchen.
9. Based upon personal inspections of the interior of the subject dwelling by the Board members and
the public record,the Board concludes that the home is currently designed and used as a single
family dwelling.
10. There were several inconsistencies between the application and the testimony and other
documentation submitted on behalf of the applicant at the hearing. The application states that the
reason for the application for the requested variance is because the applicant's family is Jewish
and having a second kosher kitchen is "a desirable amenity." However on July 5`h the applicant
Page 4, September 20, 2018
#7168, David
SCTM No. 1000-78-2-29
stated that the request was being made because she has "a potential son-in-law coming into my
family and he comes from an Orthodox family..." The applicant then asked the Board if she
could change her application to a request for an accessory apartment even though"we won't be
using it as such" (page 8 of the hearing transcript). However,neither Mrs. David or her attorney
established on the record that the David's do not keep kosher while a current family member is in
residence who does observe the dietary requirements of a kosher home,thus necessitating two
complete and separate kitchens. Further, if in fact, Mr. and Mrs. David and their daughter and
potential future son in law both keep kosher,than only one kosher kitchen is required in their
single family dwelling. Moreover, on June 22, 2018, the applicant's attorney submitted
documentation regarding the requirements of a kosher kitchen from the United Synagogue of
Conservative Judaism. The submitted documentation makes clear that there is no need for two
kitchens and that maintaining a kosher kitchen does not require the use of two stoves.
11. The reliance by the applicant's representative on the Baskin case, for the premise that no variance
is needed for the second kitchen in a single family dwelling is misplaced. In Baskin,the
applicant, Landa, applied for, and received, a variance for a second kitchen in a single family
dwelling. Thereafter, Baskin, a neighbor who had appeared at the ZBA hearing and objected to
the granting of a variance,brought an Article 78 challenging the issuance of a variance. The
Supreme Court overturned the ZBA's issuance of the variance and the appellate division affirmed
the lower court's decision. The Court of Appeals, however, overturned the decisions of the trial
court and the appellate division and adopted the dissenting opinion in the appellate division
decision as its own,thereby affirming the ZBA's granting of the variance. Baskin, as the
applicant does point out, does stand for the notion that an application should not be denied solely
on the ground that the design lends itself for a legal use to be transformed to an illegal use in
future.
12. Moreover, in the Baskin opinion,the ZBA had granted the variance, and that it is"axiomatic that
the court will not substitute its judgment for that of the board or set it aside unless it clearly
appears to be arbitrary or contrary to law." In Baskin,the ZBA cited several reasons for the
granting of the variance, including; 1)there were significant differences in the degree of religious
observance between the applicant and his son and daughter-in-law that required that the applicant
have a separate kitchen from the one used by his son, 2)the structure being built had a single
entrance, a single boiler and only one utility room, and 3)the staircase separating the upstairs and
downstairs was an open staircase.
VARIANCE REQUESTED FOR THE LEGALIZATION OF AN AS BUILT SECOND KITCHEN
Although the application before the Board was legally noticed as a variance for an over-sized accessory
apartment,the Board agreed to consider the applicant's request for a variance for a second kitchen.
1. Town Law §267-b(3)(b)(1). Grant of the variance for a second kitchen as requested will produce an
undesirable change in the character of the neighborhood or a detriment to nearby properties. Complete
interior second kitchens in single family dwellings containing a stove, refrigerator, sink and built in
cabinets, are not characteristic in the Town of Southold residential districts, unless they are part of a
legally established accessory apartment in a principal dwelling that is accessory and incidental to the
principal dwelling.
2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,
feasible for the applicant to pursue, other than an area variance. The applicant can create an accessory
apartment in the lower level of the subject dwelling to legally maintain the as built kosher kitchen or
remove the kitchen and relocate the second oven to the kitchen on the first level.
Page 5, September 20, 2018
#7168, David
SCTM No. 1000-78-2-29
3. Town Law §267-b(3)(b)(3). The variance requested herein is mathematically substantial,
representing 100% relief from the Notice of Disapproval issued by the Building Department and the
limitation of one kitchen in a single family dwelling unless a second kitchen is a part of a legally created
accessory apartment, which constitutes a second dwelling unit, accessory to the principal dwelling.
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. An interior kitchen cannot be seen by other properties in the neighborhood and would have
no environmental impacts.
5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. Although the subject kitchen was
built without a permit at some point in the past,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 and dwelling under the Zoning Code in effect prior to or at the time of purchase.
6. Town Law X267-b. Grant of the requested variance is NOT the minimum action necessary and
adequate to enable the applicant to enjoy the benefit of a kosher kitchen in their single family dwelling
while preserving and protecting the character of the neighborhood and the health, safety and welfare of
the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test
under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson, seconded by
Member Acampora, and duly carried,to
DETERMINE THAT the subject residential structure is a single family dwelling pursuant to the Town
Code, in the R-40 Zoning District
SUBJECT TO THE FOLLOWING CONDITION:
1. The second kitchen on the lower level must be removed prior to the issuance of a Certificate of
Occupancy, AND TO
DENY the variance as requested for a second kitchen in a single family dwelling
Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes,Acampora,Planamento and
Lehnert. This Resolution was duly adopted(5-0).
C
oa4w
41,21�
Leslie Kanes Weisman
Chairperson
Approved for filing /a� /2018
Patricia C. Moore
Attorney at Law `
51020 Main Road
Southold,New York 11971
Tel:(631)765-4330
Fax:(631)765-4643
July 31,2018
Zoning Board of Appeals
Southold Town Hall Annex AUG d 2 2016
Main Road 7 1r
Southold, NY 11971 BY:_®--—Z (
tl
- --- Re:- -DAVID-- - - - -
1130 Glenn Road, Southold
SCTM 1000-78-2-29
Appeal#
MEMORANDUM OF LAW
The residence located on this property is both designed and used as a single family
dwelling which includes an improved lower level and a first floor. The house has a single
sanitary system, single heating and air conditioning system, single hot water and electrical
system, a single water meter and a layout with an open interior stairway between the basement
and main floor of the house . These are all features of a single family dwelling. In the lower
level, a second kitchen has been installed which is used by the owners as a Kosher kitchen in
furtherance of their religious observations.
The Building Department has incorrectly described the lower level as an "accessory
apartment" disregarding both the actual design and the use of the home as a single family
dwelling.
The courts of the State have addressed cases in which building departments and zoning
boards,have denied building permits based upon assumptions on how a property would be used,
rather than upon the actual use. In particular,the courts have addressed improvements made to
single family dwellings which could be used as a two-family home, but which were not.
In a case which bears striking resemblance to the facts in the appeal before this Board,the
Court of Appeals,New York's highest court, established the principle that improvements made to
residences are to be judged,not upon design or the potential for future,misuse,but upon the
actual use. In the case Baskin v Zoning Board of Appeals of Town of Ramapo,48 AD2d 667,
668, (2"d Dept. 1975) rev'd sub nom. Baskin v Zoning Board of Appeals of the Town o Ramapo,
40 NY 2d 942 (1976) the Court described the single family residence and its use stating:
The occupants of the residential housing which is the subject of the instant
appeal are clearly all members of one family. The fact that they will have separate
11
kitchens arising out of the neer..,� fi,+„rP ;,,-�a.�,_to have a kosher kitchen
cannot serve to transform what is one family living in one house in shared heating,
utility and entrance facilities;and without segregation within the house (witness
the open stairway between floors), into a two-family home simply because it could
be altered into a two-family home. Zoning ordinances, which are enacted under
the police power to protect the public health, welfare and morals, should not be
used to bar the owners and legal occupants of a one-family home in a one-
family zone from using available space to provide themselves with such
luxuries as an additional sitting room, kitchen, bathroom or extra bedroom
simply because,in other hands, such facilities COULD be used for
maintenance.of a two-family home.-It is-clear that the existence of a mere
------ ---- - - -
-- - - --- -- - ---- --- -- --- - ---
opportunity for future evasion or violation of law does not raise a presumption that
such violation in fact actually presently exists (citing Holt v. United States, 218
U.S. 245, 251, 31 S.Ct. 2, 54 L.Ed. 1021)(emphasis added)
The David family occupies the home on Glenn Road as their principal dwelling
utilizing it as a single family dwelling. The Certificate of Occupancy will reflect that the
use of the premises is restricted to a single family use. Nothing further is needed nor can
be required of them to enjoy their home with extra bathrooms, or bedrooms or, as in this
instance, an additional kitchen.
CONCLUSION
There is no legal basis to withhold issuance of the Certificate of Occupancy for
this single family residence, and the Board must instruct to the Building Department to
issue it.
Patricia C. Moore
JUL 3 1 718 �J
Attorney at Law By. 61
51020 Main Road -7 —®
Southold,New York 11971
Tel: (631)765-4330
Fax: (631)765-4643
July 31, 2018
Zoning Board of Appeals
Southold Town Hall Annex
Main Road
Southold, NY 11971
Re: DAVID
1130 Glenn Road, Southold
SCTM 1000-78-2-29
Appeal#7168
MEMORANDUM OF LAW
The residence located on this property is both designed and used as a single family
dwelling which includes an improved lower level and a first floor. The house has a single
sanitary system, single heating and air conditioning system, single hot water and electrical
system, a single water meter and a layout with an open interior stairway between the basement
and main floor of the house . These are all features of a single family dwelling. In the lower
level, a second kitchen has been installed which is used by the owners as a Kosher kitchen in
furtherance of their religious observations.
The Building Department has incorrectly described the lower level as an "accessory
apartment" disregarding both the actual design and the use of the home as a single family
dwelling.
The courts of the State have addressed cases in which building departments and zoning
boards, have denied building permits based upon assumptions on how a property would be used,
rather than upon the actual use. In particular, the courts have addressed improvements made to
single family dwellings which could be used as a two-family home,but which were not.
In a case which bears striking resemblance to the facts in the appeal before this Board, the
Court of Appeals, New York's highest court, established the principle that improvements made to
residences are to be judged, not upon design or the potential for future, misuse,but upon the
actual use. In the case Baskin v. Zoning Board of Appeals of Town of Ramapo, 48 AD2d 667,
668, (2"d Dept. 1975) rev'd sub nom. Baskin v. Zoning Board of Appeals of the Town o Ramapo,
40 NY 2d 942 (1976) the Court described the single family residence and its use stating:
The occupants of the residential housing which is the subject of the instant
appeal are clearly all members of one family. The fact that they will have separate
kitchens arising out of the need for my future son-in-law to have a kosher kitchen
cannot serve to transform what is one family living in one house in shared heating,
utility and entrance facilities, and without segregation within the house (witness
the open stairway between floors), into a two-family home simply because it could
be altered into a two-family home. Zoning ordinances, which are enacted under
the police power to protect the public health, welfare and morals, should not be
used to bar the owners and legal occupants of a one-family home in a one-
family zone from using available space to provide themselves with such
luxuries as an additional sitting room, kitchen, bathroom or extra bedroom
simply because, in other hands, such facilities COULD be used for
maintenance of a two-family home. It is clear that the existence of a mere
opportunity for future evasion or violation of law does not raise a presumption that
such violation in fact actually presently exists (citing Holt v. United States,218
U.S. 245, 251, 31 S.Ct. 2, 54 L.Ed. 1021)(emphasis added)
The David family occupies the home on Glenn Road as their principal dwelling
utilizing it as a single family dwelling. The Certificate of Occupancy will reflect that the
use of the premises is restricted to a single family use. Nothing further is needed nor can
be required of them to enjoy their home with extra bathrooms, or bedrooms or, as in this
instance, an additional kitchen.
CONCLUSION
There is no legal basis to withhold issuance of the Certificate of Occupancy for
this single family residence, and the Board must instruct to the Building Department to
issue it.
PATRICIA C. MOORS
Attorney at Law
51020 Main Road RECEIVED
Southold,New York 11971
Tel: (631)765-4330 JUIN 2 2018
Fax: (631)765-4643
ZONING BOARD OF APPEALS
June 22, 2018
Zoning Board of Appeals
Main Road,
Southold, NY 11971
By Hand
RE: DAVID (Kosher Kitchen)
PROPERTY ADDRESS:1130 GLENN ROAD, SOUTHOLD
SCTM:1000-78-2-29
Dear Chairperson Weisman
and Zoning Board of Appeals:
With regard to the above appeal for a Kosher Kitchen (second
kitchen) in the lower floor of their single family home at Glenn
Road, which is scheduled for Thursday July 5, 2018, we hereby are
submitting some additional information regarding the requirements
to maintain a Kosher Kitchen which we hope you will find helpful.
Upon your inspection of the house, prior to the hearing,
please observe that the house is a single family dwelling with no
door or separation between the first floor and lower floor. The
house is not designed or used as an accessory apartment (as is
stated in the notice of disapproval) . I
The house is the owner' s principal dwelling (they sold their
home in Dix Hills and they reside, in Southold) . The lower floor
kitchen was built by the Torkelson Family as their second "summer
kitchen". For the Torkelson Family the lower floor (finished
walkout basement) prior to air conditioning, was the summer
kitchen.
When my clients purchased the house the second kitchen was
welcomed and desired in order to abide by Jewish faith and
maintain a Kosher kitchen. This kitchen was blessed by a Rabi and
maintained in the manner described in the attached document.
If you have any questions, we welcome further discussion at
the public hearing.
Very r)ly y urs,
P-at`ricia C. Moore
encls.
To maintain a kosher kitchen, the first and most important element is to only allow certified kosher
food into yourlouse. Beyond that, however, the entire kitchen, eating areas and dishes and utensils
must also be kosher. The following guidelines for keeping a kosher kitchen are derived from the
Conservative perspective;for more practical or personal advice,please consult a halachic authority.
- Dishes & Silverware
- Cabinets,Drawers &Trays ��10
-Tablecloths, Napkins & Placemats
- Refrigerators
- Ovens
- Stovetops
- Microwaves
- Porcelain & Metal Sinks
- Dishwashers
Dishes and silverware
It is essential to have seperate sets of dishes for dairy products and meat. It is best to have two distinct
colors, patterns or styles so that you will not be confused when you look at a plate or a fork as, to
whether it is for dairy or meat.
Cabinets, Drawers & Trays
To help avoid confusion, it is best to designate separate cabinets for the dairy equipment and meat
equipment. If you have cabinets on two sides of the kitchen,you may want to put the meat on one side
and the dairy one on the other to avoid confusion. When you first organize your kosher kitchen, it is
wise to label the cabinets on the outside as "Dairy [Chalav]" and "Meat [Basar]." You can use masking
tape or colored file dots that you can get from a stationary store (red and blue are popular to be used,
red for meat, blue for dairy). Many Judaica stores and online Judaica shops also sell various styles of
labels for meat and dairy. You will also find these labels come in handy if you have guests and they
want to put the dishes away or take them out. If you have a housekeeper, labeling helps make sure no
mistakes are made.
Tableclothes,Napkins & Placemats
As with the kitchen, the dining room/eating area maintains the separation of meat and dairy foods by
using separate utensils. This includes seperate tablecloths, (cloth) napkins, placemats and other
similiar items.
While laundering may be suitable to kasher them (particularly if mistakes are made), it is advisable to
have a seperate meat and dairy set because you may forget before using them which type of food was
eaten on them last. r
Refrigerators
When placing food in the refrigerator, care should be taken to avoid contact between open packages of
meat and dairy products.
Ovens
One should not use the oven for dairy and meat at the same time. Between using the oven for dairy and
meat, the oven should be cleaned (wiped up) if spillage has occured. Electronic self-cleaning ovens
can be kashered simply by cleaning up spills and running the self-cleaning cycle, however, oven
manufacturers generally recommend that the self-cleaning cycle not be used more than once or twice a
year due to the extremely high heat that the self-cleaning cycle generates.
Stovetops
Spills on the stovetops should be cleaned, particularly in between using the stove for meat and dairy
foods. This is especially true if you tend to rest pot lids on the stovetop when cooking. There is no
need to designate seperate meat and dairy burners. It is best to avoid cooking meat and dairy foods on
the same stovetop at the same time to avoid spillage. If you must do so, extra care should be taken to
ensure that no spillage or transfer or liquid or heat occurs and to ensure that your pots are covered
tightly.
Microwaves
It is best not to use a microwave oven for cooking meat and dairy foods at the same time because
microwave covers usually have holes in them that allow fumes to escape.
Porcelain & Metal Sinks
Because porcelain sinks are made of material that is not kasher-able, sink racks (that fit on the bottom
of the sink and keep the dishes from touching the bottom) or a tub (which can be used for soaking the
dishes) are put into the sink. Separate racks or tubs must be used for dairy and meat.
Metal sinks may be kashered by pouring boiling water in them. The water must be boiling before you
pour the water in and remain boiling as it comes into contact with the metal lining of the sink. There
should be a separation (such as racks or tubs) between meat and dairy dishes.
Dishwashers
There is a difference of opinion as to how to use dishwashers:
1. Most Orthodox authorities hold that you can not use the same dishwasher for meat and dairy
................
utensils,even if they are washed at different times.
2. Some liberal authorities hold that one may use the same dishwasher (provided its interior is
stainless steel) for meat and dairy utensils provided that they are washed at different times and
an empty full cycle, only h dishwashing soap, (using the hott' vater that your dishwasher
provides) must be run in between meat and dairy. Some hold that the dishwasher must be left
unused for 24 hours before running this cycle.
3. Some,authorities require that the (stainless steel) dishwasher be given a thorough cleaning
(including the strainer) and that separate racks must be used between meat and dairy cycles.
'This is the opinion of Rav Moshe Feinstein zt"l.
4. Meat and dairy utensils can never be washed in the same dishwasher at the same time.
Sources: United Synagogue of Conservative Judaism,adapted from their interactive CD "Kosher -
.................. ....................................
Sanctifying the Ordinary"
IFF
CE LOCATION: ®��®f S® y®� MAILING ADDRESS:
lox-L Town Hall Annex ® P.O. Box 1179
AL
A 54375 State Route 25 Southold, NY 11971
`��%�✓ ,( r.Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold, NY 11971 ® �® P
Fax: 631 765-3136
l�coum,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF S'OUTHOLD
MEMORANDUM RECEIVED
To: Leslie Weisman, Chair JUN 19 2018
Members of the Zoning Board of Appeals
ZONING BOA62D OF APPEALS
From: Mark Terry, Assistant Town Planning Director
LWRP Coordinator
Date June 19, 2018
Re: LWRP Coastal Consistency Review for ZBA File Ref MARGERY RIFKIN DAVID AND
REUBEN J. DAVID #7168
SCTM# 1000-78-2-29.
MARGERY RIFKIN DAVID AND REUBEN J. DAVID #7168—Request for a Variance from Article
III, Section 280-13(A)(6)e, and the Building Inspector's February 13, 2618,Notice of Disapproval based
on an application for a building permit to legalize an"as built" accessory apartment in an existing single
family dwelling; at; 1) "as,built" accessory apartment exceeds 40% of the livable floor area of the
existing dwelling unit; at: 1130 Glenn Road, (Adj. to West Creek) Southold NY. SCTM#1000-78-2-29.
The proposed action has been reviewed.to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me,,it is my recommendation that the proposed action is
INCONSISTENT with the below Policy Standards and therefore is INCONSISTENT with the LWRP.
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.
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
The as-built accessory apartment does not meet Town Code regulations and was constructed
without the benefit of Board review. Note that a portion of the single family residence is located
within the FEMA Flood Zone - 0.2 PCT ANNUAL CHANCE FLOOD HAZARD.
MANNUAL CHANCE fl.00D HAZARD
01
t t�D t3ieran Rif w�
+" a
Figure 1. FEMA Flood zone in relation to structure.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the proposed action.
Cc: William Duffy, Town Attorney
�tictilvE�
JUN. 19 2.Ci�
BONING BOAPb aF pppF
='COUNTY OF SUFFOLK .
RECEIVED
MAR 2 2 2018
ZONING BOARD OF APPEALS
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
Theresa Ward Division of Planning
Deputy County Executive and Commissioner and Environment
March 16, 2018
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 app6ars 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
Pier, Arthur& Gwen #7167
David, Reuben&Margery #7168
Volpe, Mark #7169`
Kruter,Lee #7170
Very truly yours,
Sarah Lansdale
Director of Planning
� � o
Theodore R. Klein
Principal Planner
TRK/cd
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SHEET NO:
FOUNDATION PLAN
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STORM WATER MANAGEMENT DETAILS
NEW ROOF AREA:224.1 SQ.FT. N.T.S. FOA[i O ,�E'r �+- .E i6E
AT 100%WATER RUNOFF:37.4 CU.FT.
PROVIDE 6'DIA.X 2'DEEP DRYWELLS
DRYWELLS CAPACITY:42.2 CU.FT.
OGEE GUTTER-STANDARD 511
NOTES:
1).EXECUTION: SITE
A).DO NOT BEGIN INSTALLATION UNTIL SUBSTRATES HAVE BEEN PROPERLY PREPARED. D
2).PREPARATION:
A).CLEAN SURFACE THOROUGHLY PRIOR TO INSTALLATION.
B). PREPARE SURFACES USING METHODS RECOMMENDED BY THE MANUFACTURE NOIR S C TM # 1000-13-50-171
ACHIEVING THE BEST RESULTS FOR THE SUBSTRATE UNDER THE PROJECT CONDITIONS.
PAINT CONCEALED METAL SURFACES AND SURFACES IN CONTACT WITH DISSIMIILAR
METALS WITH PROTECTIVE BACKING PAINT.
3.INSTALLATION: DESCRIPTION: SQ.FT.AREA: LOT COVERAGE: EXCAVATE: FILL:
A).PERFORM WORK IN ACCORDANCE WITH CDA HANDBOOK AND THE DRAWINGS.
1).GUTTER TO BE PITCHED TOWARDS LEADER 1"TO 2"FOR EVERY 40'OF RUN.
2).SHEET METAL JOIN LENGTHS WITH WATERTIGHT JOINTS.
a).COPPER/LEAD:FLASH AND SOLDER GUTTERS TO DOWNSPOUTS AND PROPERTY: 30105.6 SQ.fi. .70 ACRES
ACCESSORIES.
B).ALUMINUM:RIVET AND CAULK WITH A BUM SEALANT SLIP JOINT
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3).CONNECT DOWNSPOUTS TO STORM SEWER SYSTEM AS INDICATED.SEAL PROPERTY WETLANDS: 7504.9 SQ.Fi. .17 ACRES
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WELLS TO BE 10'MIN. 4).PROTECTION: BUILDABLE PROPERTY: 23200.7 SQ.Fi. .53 ACRES
WAY FROM HOUSE A).PROTECT INSTALLED PRODUCTS UNTIL COMPLETION OF PROJECT.
B).TOUCH-UP,REPAIR OR REPLACE DAMAGED PRODUCTS BEFORE SUBSTANTIAL
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072502
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FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: February 13, 2018
TO: Patricia Moore (Reuben/David)
51020 Main Road
Southold,NY 11971
Please take notice that your application dated January 19, 2018:
For permit to legalize"as built" accessory apartment in an existing single-family dwelling at:
Location of property: 1130 Glenn Road, Southold,NY RECE ®
County Tax Map No. 1000—Section 78 Block 2 Lot 29
Is returned herewith and disapproved on the following grounds:
The "as built" construction, on this 29,620.8 sq. ft. lot in the R-40 District, is not permitted pursuant to
Article III, Section 280-13(A)(6)e, which states; "The accessory partment shall not exceed 40% of the
livable floor area of the existing dwelling unit and any addition thereto permitted under 280-
13B(13)(j)hereof."
The livable floor area of the as-built accessory apartment is±90.9% of the livable floor area of the
dwelling unit.
Aut riz ignature
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.
RECEIVED 1
MAR 0 5 2010
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
ZONING BOARD OF APPEALS
ee:$ Filed By: Date Assigned/Assignment No.
ffice Notes:
House No. 1130 Street Glen Road Hamlet Southold
SCTM 1000 Section-78—Block 2_Lot(s)_29_Lot Size 30705.6 Zone_R-40
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED
February 13,2018 BASED ON MAP DATED_interior foundation plan 12/21/17
Applicant(s)/Owner(s): Margery Rifkin David&Reuben J.David
Mailing Address: 1 Ryder Court,Dix Hills,New York
Telephone:_ Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com
NOTE: In addition to the above,please complete below if application is signed by applicant's
attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents:
Name of Representative: Patricia C.Moore Esq. for(X )Owner,or ( )Other:
Agent's Address: 51020 Main Road,Southold NY 11971
Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmoore(-,mooreattys.com
Please check box to specify who you wish correspondence to be mailed to,from the above names:
❑Applicant/Owner(s),or H Authorized Representative, or ❑Other Name/Address
below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED foundation plan dated
12/21/18 and DENIED AN APPLICATION.DATED January 19,2018 FOR:
H Building Permit(for second kitchen)
❑Certificate of Occupancy ❑Pre-Certificate of Occupancy
❑Change of Use
❑Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article III Section 280-13(A)Subsection(6)(b) 2nd Kitchen in lower level(Kosher Kitchen)
Type of Appeal. An Appeal is made for:
H A Variance to the Zoning Code or Zoning Map.(Second kitchen deemed an accessory
apartment)-owner requests a second kitchen for single family dwelling use.
❑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,H has not been made at any time with respect to this property, NDER Appeal
No. Year
pECEIVED ` ,
(Please be sure to research before completing this question or call our office for assistance.) MAR Q 5 2018
Name of Owner: Margery & Reuben David ZBA File 4
ZONING BOARD OF APPEALS
REASONS FOR APPEAL(additional sheets may be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the
neighborhood or a detriment to nearby properties if granted, because:
The house was constructed by Lars Torkelson in 1985 as a single family dwelling
with a "summer kitchen" in the lower floor (walk out basement). The David family
purchased the property in 2016 and obtained permits from the Southold Town
Trustees and a building permit for a small addition on the first floor and renovations
to the house. One of the desirable amenities of the house was the second kitchen.
The family is Jewish and having a kosher kitchen for the Jewish holidays is very
desirable. The building department would not allow a second kitchen without the
variance. The building department called the space an "accessory apartment" but
the owner is not requesting an accessory apartment or a separate dwelling, only a
second kitchen for the single family dwelling.
(2) The benefit sought by the applicant CANNOT be achieved by some method
feasible for the applicant to pursue, other than an area variance, because:
The second kitchen is existing and without the variance it would have to be removed.
A kosher kitchen is very common in the Jewish faith. To maintain a kosher kitchen
there has to be a physical separation of all cooking and serving sets. Milk and meat
products may not touch.
A second kitchen without any intention to create a second dwelling is not uncommon.
According to Tor Torkelson, the prior owner's son, his mother used the second
kitchen seasonally and for holidays. It kept the house cooler and it was a traditional
European/Nordic feature.
(3) The amount of relief requested is not substantial because: The house is a single
family dwelling, the second kitchen for the prior owners was a "summer kitchen"
because it had access to the outside. For the applicants, the second kitchen is for
religious purposes. In either case, the house remains a single family dwelling. There
is no request for a two family or an accessory apartment certificate of occupancy,
only "a second kitchen for the single family dwelling".
(4) The variance will NOT have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district because:
A second kitchen is an interior amenity with no environmental impact.
(5) Has the alleged difficulty been self-created? (X)Yes, or ( )No.
The house, when purchased, had a second kitchen which was added after the house
was constructed. The David family had plans for the house renovation so the
RECEIVED 1
MAR 0 5 20 1
basement improvements with the second kitchen would be include �i�Pbuilding APPEALS
plans for the renovation. The owners wish to have all improvements legally
recognized by the building department. Without the variance the kitchen has to be
removed.
Are there Covenants and Restrictions concerning this land: 8 No. ❑ Yes lease
furnish copy).
This is the MINIMUM that is necessary and adequate, and at the same time preserve
and protect the character of the neighborhood and the health, safety, and welfare of
the community.
Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE
COMPLETE THE ATTACHED USE VARIANCE SHE
EE Please be sure to consult
your attorney.)
�ignOure of Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sor I UP before me th' S
01 20
ar ub�
BETSY A.PERKINS
Notary Public,State of New York
No.01 PE6130636
Qualified in Suffolk Co
Commission Expires July 1�
RECEIVED I W
MAR 0 5 2018
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference) ZONING BOARD OF APPEALS
Applicant: Margery Rifkin David & Reuben J. David
Date Prepared: Janua1y 29 2018
Variance is only for use of interior kitchen in basement.
I. For Demolition of Existing Building Areas
Please describe areas being removed: None
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: none
Dimensions of new second floor: none
Dimensions of floor above second level: none
Height(from finished ground to top of ridge): Building permit issued for one story house
renovation front of house 18'6" and rear 24'10" (walk out)
Is basement or lowest floor area being constructed? If yes,please provide height(above
ground)Yes,the existing basemernt is a walk out level. The lower level includes a great
room, exercise area and recreation area. The lower floor also includes keeping an existing
kitchen as the owners "kosher kitchen".
measured from natural existing grade to first floor: n/a
III. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:Number of Floors and
Changes WITH Alterations: The existing one story house also includes a walk out basement
The basement is being renovated with a great room , recreation area,storage and utilities.
The lower level has an existing kitchen used b,} the prior owners as a "summer kitchen".
The applicants wish to keep the kitchen for Jewish Holiday
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: 14%
Proposed increase of building coverage:
Square footage of your lot:30,705 sq.ft.
Percentage of coverage of your lot by building area: Less than 20% (14%)
V. Purpose of New Construction Requested:
retaining existing kitchen in basement
VI. Please describe the land contours (flat, slope%, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): flat and adjacent to west creek. Trustees permit
issued for renovations to house.
Please submit seven(7)photos,labeled to show all yard areas of proposed construction after
staking corners for new construction),or photos of existing building area to be altered(area
of requested changes).
RECEIVED I I U
MAR ® 5 2018
Z01YING BOARD OF APPEALS
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premisp,listed on the real estate market for sale?
Yes No
B. Are re any proposals to change or alter land-contours?
, No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses?
2.)Are those areas shown on the survey submitted with this application? .\ q.&
3.)Is the property bulk headed between the wetlands area and the upland building
area? amt
4.)If your property contains wetlands or pond areas,have you contacted the Office of
the Town trustees for its determination of jurisdiction? � )4 Please confirm status
of your inquiry or application with the Trustees: 201J,6-K/r�'✓i�yUtz�? ts
and if issued, please attach copies of permit with conditions and approved survey.��fV.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? A112
E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not
shown on the survey that you are submitting? AIL7 Please show area'of the
structures on a diagram if any exist or state none on the above line. aa
F. Do you have any construction taking place at this time concerning your premises? Ve 1f
yes,please subrriit a copy of your building permit and sun, as approved by the Building
Department and please describe: 77- q5
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. J'IG(v-�t�
H. Do you or any co-owner also own other land adjoining or close to this parcel? Alf
If yes,please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel 11605e— 5 Gy le A l
and the proposed use F
h' ",A- a// 2 4e� &sf dx'• .(ex:existing single family,propo d:same with
garage,pool or other)
1
Authorized signature and Date.
TOWN OF SOUTHOLD (o
t�o�� uFFO�,��oGf L BUILDING DEPARTMENT kEcaVED
a ".
, y� TOWN CLERIC'S OFFICE AJAR 0 6 2018
SOUTHOLD;NY
kil
TONING BOARD OF APPFALS
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES
WITHONE-SET_ OF_APPROVE® PLANS AND SPECIFICAT,0_NS
UNTIL FULL` COMPLETION OF THE WORK AUTHORIZED)
Permit#: 41845 Date: 712712017 _
Permission is hereby granted to:
David, Reuben & Margery
1 Ryder Ct
Dix H ills,,NY 11746 .
To: legalize "as built" basement altered into living space and to construct new additions
and alterations to the existing single-family dwelling as applied for per Trustees
-approval. Additional certification may be required.
\ h
i�
r
At premises located at:
11,30 �I.�nrt�Nd ®uth®Id .�.�_ � .� ._. wm
SCTMV 47388
Sed/Bloc /Lot#78.-2-29
Pursuant to application dated _ 6/19/2017 and approved by the Building Inspector.
To expire on ,1/26/2019.
Fees:__.
AS BUILT-SINGLE FAMILY ADDITION/ALTERATION $1,765.60
SINGLE FAMILY DWELLING.-ADDITION OR ALTERATION $494.80
CO-ADDITION TO DWELLING $50.00
Total: $2,310.40
,
uSuf,i• , i"n'spector
FORM NO.4 RECEIVED 11 I
TOWN OF SOUTHOLD BAR ® 2018
BUILDING DEPARTMENT
Office of the Building Inspector ZONING BOARD OF API'EAI�
Town Hall
Southold,N.Y.
Certificate Of Occupancy
No. . . . . . . . Date . . . . . . . . . . .October. 3 . . . . . . . .. ., 1985.
THIS CERTIFIES that the building . . . . . new,dw e l Z J-A&&
Location of Property . „1130, , , , , , , , , , , , , , ,Glen ,Rd;.. . , . . . . . . , .Southold. . .
House No.
. . . . . . . . . . . . . . . . . ....
treet Ham%r
County Tax Map No. 1000 Section . . . . .7$. . . . .Block . . . . . .?.. . . . .Lot . . . . 2 9 . ... . . . .. .
13
Subdivision . . . . . . .�1e s t ,Creek ,Estates,_ ,Filed Map No. . .?A4 8.Lot No. . . . . . . .
conforms substantially to the Application for Building Permit heretofore Bled in this office dated
P e c e mb e r .17. . . , 190.pursuant to which Building Permit No. . . .1.2849.Z . . ... . . . . . .
dated . . . . . . . J a' i a P.M. ,21, , , , , , , , . 19$4 . ,was issued,and conforms to all of the requirements
of the applicable provisions of the law.The occupancy for which this certificate is issued is .:. . . . . . .
. . . . . . P.rivate .4pe,-f4mily, dwellinS: . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to . . . . . . . . . . . . . . . . . .CARS TORKELSEN
(owner, dbc}4 kakh {
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . . . . . !A-A97171 , , , ,, , , , ,, , , , , , ,
UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . . . . Xb M 0 R . . . . . . . . . .... . . . . .
�c
• . • Building Inspector
ae�.gist
pp
V
RECEIVED
MAR 0 6 2018
ZONING BOARD OF APP5 905
0k0
wo\0 °
GV U� I
t _
syssoe; '^` L'IGETI 9'y^' ,
x./?9.OJ• Z S ��J�j
o,
tz. SZON use ME
_ � L Eta896 t9Y
SUSPFOLK COUM HSILIM DEPARTM$Ni °NE�uxc n.BAS EMT�,z
t+ P 1985 •'
DATEJF 2� H. D. WF. #�71
Phe 90wage dispopal and(rater supply
facilities for this looatlon have beenInspected by this department and found
to be satisfactory.
JA
Chief of Gener 1 F.npineerf na � � to EL'13 �1
Servtccs o
/ /%/ 01
C O
CF �. 1� EL'Z•0 /i E
GRE �
a �E5T(dredged °a
l 79.88 '
$.78°0540lw �w
SURVEY FOR AUG. 5,1965
LARS TORKELSO•N a ASTRI TORKELSON FEB.22-:984
SUFFOLK
SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES LOT-13,"WEST CREEK ESTATES" DEC.19,1983
SEPT 20,1963
AT SOUTHOLD DATE. AUG 22,1983
FOR APPROVAL OF CONSTRUCTION ONLY TOWN OF SOUTHOLD SCALE I"=40`
SUFFOLK COUNTY,NEW YORK NO. 83-653
DATE��-1(S REF.NO• MUNAUTHORIZED ALTER(ITION OR ADDITION To THIS
NEW YORK lTATELEDUCATION LA1i'ION 7200 OF THE �Pjo OF A f11,`
*COPIES OF THIS SURVEY NOT SEARING THE LAND
APPROVED SURVEY0RI INKED SEAL?OR EMBOSSED S[AL SHALL AHD W 09
MOT BE CO�11$IOERE0 To BE A VALID TRUE COPY 0`� }0 'f
MWARACIE INDICATED.He
SHALL BUN ONLY 10
HEALTH DEPARTMENT-DATA FOR APPROVAL TO CONSTRUCT 711E PER FOR WHOM THE SURVEY IS PREPARED
AND CH HIS BEHALF TO TME TITLE COMPANY,OOVF/IN-
M
NEAREST.W \AIN_MI. *SOURCE OF WATER.PIIIMTE✓PUBIIC_ MENTAL AGENCY AND LENDING INSTITUTION LISTEDWt
M SUFE CO.TA%NAF DHT!�SECTIONSlDCK°L LOT?9 HEREON,AND TO THE AS3JONEES OF THE LENDING }
N THERE ARE NO OWELLINS WITHIN 100 FEET OF THIS PROPERTY INS71TUilON.6UARANT[ES ARE NOT TRANSFERABLE �'�
OTHER THAN THOSE#MOWN HEREON. TO ADOITIO AL INSTITUTIONS OR SUBSEQUENT 4,
M THE WATER SUPPLY Alb SEWAGE DISPOSAL SYSTEM FOR THIS R131DEHM OWNERS fc O 45893
WILL CONFORM TO THE STANDARDS OF THE SUFFOLK COUNTY DEPARTMENT *DISTANCES SHOWN HEnON FROM PROPERTY UNE$ ,P
OF HEALTH SERVICES. TOE%MING"STRUCTURES ARE FOR A SPECIFIC •2A
APPLICANT, PURPOSE AND ARE NOT TO BE USED TO ESTABLISH t1ND SUG'L
PROPERTY LINES OR FOR THE ERECTION Of FENCES
ADDRESS
TEL. 400 OSTRANDER YOUNG 81 YOUNG RRHEAD,NEW YORKE
ELEVATIONS SHOWN THUS,EE.7.J ARE REFERENCED TO MEAN SEA LEVEL ALDEN W.YOUNG,PROFESSIONAL ENGINEER
SUBDIVISION MAP FILED IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY - AND:LANG SURVEYOR N XS LICENSE NO.12845
ON AU0.1S,1965 AS NAP X0.34148
---Io- =EKIEiT
.Mum HOWARD W.YOUNG, LAND SURVEYOR
14 THE LOCATION OF WELL(W),SEPTIC TAMR(STf6 CESSPOOLS(CF)SHOWN HEREON N.Y.S.LICENSE NO 45893
ARE FROM FIELD OBSERMTIONS ANO OR DATA OBTAINED FROM OTHERS
BRANDIS 6 SONS.INC.16LB t
I - L D . •T
RECEIVED,
MAR 0 5 20
AGRICULTURAL DATA STATEMENT_
ZONING BOARD OF APPEALS ZONING BOARD OF APPEALS
TOWN OF SOITTHOLD
WHEN TO MB THIS'FORM:The form must be completed by the applicant for auy special'use perittit,site.
plait appro0al, use varMuce,,or subdivision approval ou property within an agricultural district OR witl M
-500 feel of a farift op'erdfloft located fit agricultural district All applications requiring an agricultarul'datk
stirtefrteitt iitusl he refe•reed to the Sttffolk Comity Department of Planning in.accordance with seiddofts 239--
M
39=rit df:d 239'r: erierallVlrtiticipol fait.
1)Name of Applicant: c
2)Acldeb of Applicant: r2b&d I o/
3)Name of Land Owner(if other than applicant)
4)Address of Land'Owner:.:.
5)Description of Proposed Project:
6)Location of Property(road and tax map numbef): //3 b Q O
7)Is.the parcel withiri an ifgflbuftal distact?.bNo 13Yes If yes,Agricultural District Number.
8),Is.diis parcel'a.ctively farmed?❑Nb EIYes
9) Name and address 'of any bwner(s)-of land. within the agricultural district'coniaining active fatm
op6ration(s)16cated 500'feet of the.bounda. of.the proposed project.INmay be available ihrough
the Town Assessors-Office, Town Hall location'(765-1937) or from any public computer at the Town Hall
locatioa's by viewing the paFcel•nurribers on the Town of Southold Real Property Tax System.
'Name'and.Address
3.
4:
5.
(Please use bank side of page if more thansix properly owners are identified.) . . _
The lot numbers may be obtained,in advance,when requested from the Office of the Planning Board-at 765
1938 or.the Zedffg-Dodra-6f Appeals at 765-1809.
V A0
"t-gnature of Applicant Date
Notd.
I.The local tioaid will tolicit cotnmenmAom the owners of land identified above in order to consider the effect'of the proposed action
on their farm.operition.Soliciiation will-be made by supplying a copy of this statement.
2:Comments returned to the local board will be taken into consideration as part of the overall review.of this application.
•3.The clerk to the local boird.is iesgorisibli for sending copies of the completed Agricultural.11ata Statement to the property owners
identified above.The•c6st for mailing shall be paid by the applicant at the time the•application is submitted for review.Failure,to pay at
such time means-the application is not complete and cannot be acted upon by the board. .
1-14-09
RECEIVED
617.20
Appendix B MAR ® 5 2018
Short Environmental Assessment Form ®NYNG ®AR®®FAPPEA9,
Instructions for Comnletin�
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:
/lea,►-y� Thi f �
Project Location(describe,and attach a location map):
//30 ' 6'm� 1200di Soa o�o�
Brief Description of Proposed Action:
Name of Applicant or Sponsor: n Telephone: l0?J�.. �� 4133o
10�✓ 1) -f ��N�" E-Mail: C foam 04n� c1Y�7
Address.
�o
City/PO State: Zip Code:
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation? /
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: /
3.a.Total acreage of the site of the proposed action? 501 acres
b.Total acreage to be physically disturbed? ® acrehie✓�
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant orproject sponsor? acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial DIesidential(suburban)
❑Forest ❑Agriculture ❑Aquatic ❑Other(specify):
❑Parkland
Page 1 of 4
5. Is the proposed action, Zara NO YES N/A
a.A permitted use under the zoning regulations? MAR
b.Consistent with the adopted comprehensive plan? G g0AVID Op AP
P�A� ✓
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape?
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies: /
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ,/
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: I/
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of terations in sq re feet or acres:
� .L.
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑SS�oreline 11 Forest ❑Agricultural/grasslands ❑Early mid-successional
CY Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered?
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO j YES
If Yes, O/ ❑ A✓
a.Will storm water discharges flow to adjacent properties? Lf NO YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: "0❑YES "
Page 2 of 4
18.Does the proposed action include construction or other activities that result in theggeo nent of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)? 16 /
If Yes,explain purpose and size: NAAR R 10 -5 MR ✓
ZLIM14t,numr%w OF APPEALS
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:
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:
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE p
Applicant/sponsor a e: / GGk,-GZ 00 rr— Date:
Signature:
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
,;{"'- -'.',ur`--• ''?:`.'"''. ='3F'` occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community?
4. Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies?
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources?
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands,
waterbodies,groundwater,air quality,flora and fauna)?
Page 3 of 4
No,or Moderate
��, small to large
;Z®NINA�OARD 0f A���A 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.
❑ 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
rJECEWED i
NEAR 0 5 2018
Z®NING BOARD OF APPEALS
Board of Zonine Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
01L 'esiding at
(Print property owner's name (Mailing Address)
97 do hereby authorize
_(Agent)
R0 D fle to apply for variance(s)on my behalf from the
Southold Zoning Board of Appeals.
(Owner's Signatu /
(Print Owner's Name)
RECEIVED
MAR 0 5 20 I l d
AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME: / �'
(Last name,first name middle initial,unless you are applying in the name of so eone else or otw entity,s ch 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 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 t0officer or employee owns more than 5%of the shares.
YES NO 17
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.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
G
Submitted this
__,S'—day of r��� ,20
Signature
Print Name �ecl��d 13�T•�bc�
RECE ED
MAR 05 2018 110 lb
APPLICANT/OWNER ZONING BOAR®OF APPEALS
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOUR NAME: A4,iy2G try Domyln
(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 XTrustee 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 _
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.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
C)an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this L✓ tl"day of De-e- ,20/7
Signature Cb c1_�
Print Name P A1Z-&,69�Y PJ�V14
ReCEIVeD
Town of Southold MAR 0 5 2018
LWRP CONSISTENCY ASSESSMENT FORM
ZONING BOARD OF APPEAL5
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.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
Margery& Reuiben David
SCTM# 1000-78-2-29'
AGENT: Patricia C. Moore Esq., 51020 Main Road, Southold,NY 11971
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Dept. Building Dept. ❑
Board of Trustees ❑ Zoning Board of Appeals X
1 Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital construction,planning
activity, agency regulation,land'transaction) ❑
(b) Financial assistance (e.g. grant, loan, subsidy) ❑
(c) Permit, approval, license, certification: ❑ Type:
Town of Southold LWRP
Consistency Assessment Form l
l ) '
Nature and extent of action: retain kitchen in basement(exempt from LWRP) (
.�l ?l1
Location of action: 1130 Glen Road, Southold
Site acreage: 30,705 sq.ft. 5 20
LIAR
Present land use: House being renovatedof APPEALS
ZOIVII�G B®A�
®
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: Margery & Reuben David
(b) Mailing address: j Ryder Court,Dix Hills,New York
(c)Telephone number: (_631) 243-3299
(d)Application number, if any: _
Will the action be directly undertaken,require funding, or approval by a state or federal
agency? Yes ❑ No X 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 X
Discussion (if appropriate): Interior alterations. Kitchen in basement
Policy 2. Protect and preserve historic and archaeological resources of the
Town of Southold. See LWRP Section III-Policies Pages 3 through 6for evaluation criteria
Yes ❑ No Not Applicable X
Discussion (if appropriate): _
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria
Yes ❑ No D Not Applicable X
Town of Southold LWRP
Consistency Assessment Form 2
U9lSNaEN15D
Di$CU$$i0n (if appropriate): 1VIQR ® 5 201? 4�
NATURAL COAST POLICIES ZONING BOARD OF APPEALS
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion.
See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria
Yes ❑ No ❑ Not Applicable X
Discussi0n (if appropriate): parcel is not in flood zone
not in flood zone
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP
Section III-Policies Pages 16 through 21 for evaluation criteria
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate):
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems
including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-
Policies; Pages 22 through 32 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): _
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III-
Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34
through 38 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion(if appropriate): _
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and
hazardous substances and wastes. See LWRP Section III-Policies;Pages 34 through 38 for
evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion(if appropriate): _
Town of Southold LWRP
Consistency Assessment Form 3
RigCEIVED
MAR 0 5 2018
PUBLIC COAST POLICIES �0ARD OF APPEAL
Policy 9. Provide for public access to, and recreational use of, coastal waters,public
lands, and public resources of the Town of Southold. See LWRP Section III-Policies;Pages 38
through 46for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): interior improvements
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new
water-dependent uses in suitable locations. See LWRP Section III-Policies;Pages 47 through
56 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): _
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the
Peconic Estuary and Town waters. See LWRP Section III-Policies;Pages 57 through 62 for
evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate):
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-
Policies;Pages 62 through.65 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate)
Policy 13. Promote appropriate use and development of energy and mineral resources. See
LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria.
Yes ❑ No ❑ Not Applicable X
Discussion (if appropriate): _
Town of Southold LWRP
Consistency Assessment Form 4
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BOARD OF SO€JTHOLD TOWN TRUST]EESRECEIVED'
SOUTHOLD,NEW YORK
MAR 0 5 2018
s I PERMIT NO. 8901 DATE: OCTINNN.MUTOF APPEALS
ISSUED TO: REUBEN &MARGERY DAVID I ;
<< PROPERTY ADDRESS: 1130 GLENN ROAD,SOUTHOLD
t.
SCTM# 1000-78-2-29
H;
AUTHORIZATION
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Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in }i
` accordance with the Resolution of the Board of Trustees adopted at the meeting held on October 19,2016,and -
in consideration of applibation fee in the sum of$250.00 paid by Reuben&Mar�,ery David and subject to the
Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits
the following: i
Wetland Permit for the existing 2,154.Isq.ft.dwelling; construct a 41x20.2' first floor
addition; existing 421x12.3' deck to be reconstructed and proposed to be extended
,- 26.5'x8' south side& 12.3' north side along the rear of the'existing house with new 4' L
wide stairs to grade; construct a 42.61x10.5'screened-in porch below deck; construct a
41x6' outdoor shower; install a new drywell; remove 81x16' shed in side yard,and for '
the existing 4.3'x8.2'"doll house"shed to remain;with the condition to establish and
1-;
perpetually maintain a 10'wide non-turf buffer located along the landward edge of r
a� tidal wetlands; and as depicted on the revised site plan prepared by MCH Design
Services,dated November 27,2016,and stamped approved on December 2,2016.
i'
IN WITNESS WHEREOF,the said Board of Trustees hereby ca ses its Corporate Seal to be affixed,
"1 and these presents to be subscribed by a majority of the said B as of e.
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ELIZABETH A.NEVILLE,MMC ® 4 �� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®,` �,� 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: March 16, 2018
RE: Zoning Appeal No. 7168
Transmitted herewith is Zoning Appeals No. 7168 for Margery & Reuben David:
tQ
he Application to the Southold Town Zoning Board of Appeals
pplicant's Project Description
uestionnaire
gricultural Data Statement
hort Environmental Assessment Form
Applicant/Owner Transactional Disclosure Form(s)
1�jeWgRepresentative Transactional Disclosure Form(s)
WRP Consistency Assessment Form
Notice(s) of Disapproval
Board of Zoning Appeals Application Authorization
TCertificate(s) of Occupancy
Findings, Deliberations and Determination Meeting(s)
Action of the Board of Appeals
Photos
Correspondence-
Copy of Deed(s)
Building Permit(s)
Property Record Card(s)
Survey/Site Plan
Maps-
Drawings
Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.)
_4Misc. Paperwork'J�1LSrkf.,5 ] �fX131 i
Town of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 03/16/18 Receipt#: 236264
Quantity Transactions Reference Subtotal
1 ZBA Application Fees 7168 $500.00
Total Paid: $500.00
Notes:
Payment Type Amount Paid By
CK#502 $500.00 David, Margery& Reuben
Southold Town Clerk's Office
53095 Main Road, PO Box 1179
Southold, NY 11971
Name: David, Margery& Reuben
1 Ryder Court
Dix Hills, NY 11746
Clerk ID: SABRINA Internal ID,7168
I Ryder Ct,Dix Hills,NY 11746 1 Zillow https://www.zillow.rnm/homedetails/1-Ryder-Ct-Dix-Hills-NY-1174...
CORRECT HOME FACTS SAVE M SHARE (2) HIDE MORE C� EXPAND X CLOSE
p
Public View Owner View New York Dix Hills 11746 1 Ryder Court
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ami „"e.� _ F .z`,.x• ��,f.>.x,"`"> �
o e Shoppers are
1 Ryder Ct, SOLD: Waiting
$750
Dix Hills, N Y Sold on 11/14/17 r
Ask an agent about market
E 11746 Zesti matey: conditions in your
$781,515 neighborhood.
5 beds • 3 baths
3,000 sqft Z Your name ,
EST. REFI
PAYMENT - -
�. Phi ne
Est. Refi -- - - --
Payment: _ Ern ai I
$3,064/m0 I own this home and would like to
® � ask an agent about selling 1 Ryder
.see current r, -
.; U,
-- ------- — :: �gCohtact Int"d-1
Or call 631-657-0576 for more info
Note: This property is not
currently for sale or for
rent. The description
below may be from a
previous listing.
Magnificent Home,
1 of 1 7/12/2018 10:35 AM
#0002239140
0A0
STATE OF NEW YORK)
OUNTY 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 07/26/2018 .
C7�/44�.16
Principal Clerk
0Sworn to before me this day of do .
CHRIST OLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
Qualified In Suffolk County
PAY COff MIDSIon 1APIF06 February 28,2020
i
•e
r.
J TYPESET Mon Jul 16 12.50.01 EDT 2018 1,
and the Building Inspector's January 16, 10 feet; 2) additions to the single family
LEGAL NOTICE 2018, Amended February 27, 2018 and dwelling less than the code required mini-
SOUTHOLD TOWN ZONING March 5,2018 Notice of Disapproval based mum side yard setback of 15 feet;at 65 Corey
BOARD OF APPEALS on an application to demolish an existing sin- Creek Lane Road, Southold, NY.
THURSDAY,AUGUST 2,2018 gle family dwelling and construct a new sin- SCTM#1000-78-4-30.
PUBLIC HEARINGS gle family dwelling and in-ground swimming The Board of Appeals will hear all persons or
NOTICE IS HEREBY GIVEN,pursuant to pool; at, 1) proposed dwelling located less their representatives,desiring to be heard at
Section 267 of the Town Law and Town Code than the code required 100 feet from the top of each hearing,and/or desiring to submit writ-
Chapter 280(Zoning),Town of Southold,the the bluff;2)proposed swimming pool located ten statements before the conclusion of each
following public hearings will be held by the in other than the code required rear yard; hearing Each hearing will
SOUTHOLD TOWN ZONING BOARD OF located,at: 1800 Hyatt Road,(Adj.to Long not start earlier than designated above.Files
APPEALS at the Town Hall, 53095 Main Island Sound)Southold,NY SCTM#1000- are available for review during regular busi-
Road,PO Box 1179,Southold,New York 50-1-4. ness hours and
11971-0959,on THURSDAY,AUGUST 2, 11:15 A.M. - MARY ZUPA/PARADISE prior to the day of the hearing.If you have
2018. POINT ASSOCIATION #7186-Request questions,please contact our office at,(631)
9:30 A.M. - LYNN M.C. O'NEILL, for a Variance under Article III, Section 765-1809, or by email: KimF@
TRUSTEE#7174-Request for Variances 280-14 and the Building Inspector's April 3, southoldtownnygov
from Article XXIII,Section 280-124 and the 2018,Amended April 16,2018 Notice of Dis- Dated.July 19,2018
Building Inspector's March 23,2018,Notice approval based on an application to permit a ZONING BOARD OF APPEALS
of Disapproval based on an application for a lot line modification;at: 1)proposed newly LESLIE K A N E S W E I S M A N,
building permit to legalize as built additions created lot having less than the code required CHAIRPERSON
and alterations,and to construct alterations minimum lot size of 80,000 sq ft.;located,at: BY:Kim E Fuentes
(raise and move)to an existing single family 580 Basin Road, (Adj to Southold Bay) 54375 Main Road(Office Location)
dwelling;at; 1) less than the code required Southold,NY.SCTM#1000-81-1-16.7. 53095 Main Road(Mailing/USPS)
minimum side yard setback of 10 feet,2)less 1:00 P.M. - VIRGINIA GILMOUR/ P.O.Box 1179
than the code required minimum combined ROBERT WHITE (JESSE DORFMAN Southold,NY 11971-0959
side yard setback of 25 feet,at 205 Fisher- CV)#7185-Request for a Waiver of Merger 2239140
man's Beach Road,(Adj.to Cutchogue Har- petition under Article II,Section 280-10A,to
bor),Cutchogue,NYSCTM#1000-111-1-39. unmerge land identified as SCTM No
9:45 A.M. - FREDERICK AND DALE 1000-144-3-27, which has merged with
STANLEY#7180-Request for Variances SCTM Nos. 1000-144-3-28 and
from Article BI, Section 280-15; Article 1000-144-3-35,based on the Building Inspec-
XXIII,Section 280-124,and the Building In- tor's April 13,2018 Notice of Disapproval,
spector's March 23,2018,Notice of Disap- which states that a non-conforming lot shall
proval based on an application for a building merge with an adjacent conforming or non-
permit to construct additions and alterations conforming lot held in common ownership
to an existing single family dwelling;at, 1) with the first lot at any time after July 1,1983
additions to the dwelling located less than the and that non-conforming lots shall merge un-
code required minimum side yard setback of til the total lot size conforms to the current
15 feet;2)existing accessory shed located in bulk schedule requirements (minimum
other than the code required rear yard, at. 40,000 sq.ft.in the R-40 Residential Zoning
2485 Bay Avenue(Adj to James Creek),Mat- District),located,at 350 Bartley Road,Mat-
tituck,NY SCTM#1000-144-4-6 tituck, NY. SCTM Nos 1000-144-3-27,
10:15 A.M.-ELIZABETH E.MACEDO- 1000-144-3-28 and 1000-144-3-35
NIA AND THEODORE N. 1:15 P.M. - BRIAN AND ELIZABETH
PAPADOPOULOS #7182 - Request for WILHELM (CV), #7187 - Request for
Variances from Article III, Section 280-13; Variances from Article XXIII, Section
Article III,Section 280-15,and the Building 280-124 and the Building Inspector's April
Inspector's April 10, 2018, Notice of Dis- 11,2018,Notice of Disapproval based on an
approval based on an application for a application for a building permit to construct
building permit to construct an accessory in- additions and alterations to an existing single
ground swimming pool and the conversion of family dwelling; at, 1) less than the code
an accessory building to pool house,at, 1) required minimum front yard setback of 35
more than the code permitted one dwelling on feet;2)less than the code required minimum
each lot;pool house by design constitutes as a rear yard setback of 35 feet;at.220 Upper
second dwelling; 2) proposed in-ground Shingle Hill Road, Fishers Island, NY
swimming pool located in other than the code SCTM#1000-9-1-14.
required rear yard; 3) proposed pool house 1:30 P.M.-MARGERY RIFKIN DAVID
located in other than the code required rear AND REUBEN J. DAVID #7168 - (Ad-
yard,at:4175 Old Jule Lane,Mattituck,NY. joumed from July 5, 2018) Request for a
SCTM#1000-122-5-13 3 Variance from Article III, Section 280-
10:30 A.M.-PATRICIA C.BOOTH RE- 13(A)(6)e,and the Building Inspector's Feb-
VOCABLE TRUST#7183-Request for a ruary 13,2018,Notice of Disapproval based
Waiver of Merger petition under Article II, on an application for a building permit to
Section 280-10A,to unmerge land identified legalize an"as built"accessory apartment in
as SCTM No 1000-67-4-16 which has an existing single family dwelling;at,1)"as
merged with SCTM No. 1000-67-4-9,based built"accessory apartment exceeds 40% of
on the Building Inspector's April 11, 2018 the livable floor area of the existing dwelling
Notice of Disapproval, which states that a unit; at. 1130 Glenn Road, (Adj to West
non-conforming lot shall merge with an adja- Creek)Southold NY SCTM#1000-78-2-29
cent conforming or non-conforming lot held 1:35 P.M.-BRIAN MORRISSEY#7177-
in common ownership with the first lot at any (Adjourned from July 5,2018) Request for
time after July 1, 1983 and that non- Variances from Article II1, Section 280-15;
conforming lots shall merge until the total lot Article XXIII, Section 280-124, and the
size conforms to the current bulk schedule Building Inspector's January 26, 2018,
requirements(minimum 40,000 sq ft.in the Amended March 28,2018 Notice of Disap-
R-40 Residential Zoning District),located,at proval based on an application for a building
265 Burtis Place,Peconic,NY SCTM Nos permit to construct additions and alterations
1000-67-4-9 and 1000-67-4-16 to an existing single family dwelling and to
10:45 A.M. - SIGURDSSON BALDUR, legalize an existing 100 sq.ft accessory shed,
LLC,(WADE GUYTON, MGR. #7184 - at, 1) accessory shed located less than the
Request for Variances under Article III,Sec- code required minimum rear yard setback of
tion 280-15,Article XXII,Section 280-116A,
OFFICE LOCATION: V ®� MAII.ING ADDRESS:
Town Hall Annex T ��® P.O.Box 1179
l
54375 State Road Route 25 �® Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY . _ Telephone: 631 765-1809
http://southoldtownny.gov
COURM
ZONING BOARD OF APPEALS
Town of Southold
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 5 2018
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, JULY 5, 2018.
9:45 A.M. - MARGERY RIFKIN DAVID AND REUBEN J. DAVID #7168 — Request for a
Variance from Article III, Section 280-13(A)(6)e, and the Building Inspector's February 13,
2018, Notice of Disapproval based on an application for a building permit to legalize an
"as built" accessory apartment in an existing single family dwelling; at; 1) "as built"
accessory apartment exceeds 40% of the livable floor area of the existing dwelling unit;
at: 1130 Glenn Road, (Adj. to West Creek) Southold NY. SCTM#1000-78-2-29.
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: June 21, 2018 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
'_'ONING BOARD OF APPEALS\
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main koad, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(6311) 765-11809 Fax (531) 755-9054
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
June 6, 2018
Re: Town Code Chapter 55 -Public Notices for Thursday, July 5, 2018
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.
I) -Before June 18th: - -- - - - _--
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If
you know of another address for a neighbor, you may want to send the notice to that address as
well. If any letter is returned to you undeliverable, you are requested to make other attempts to
obtain a 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 June 25th: 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 June 27th: Please make arrangements to place the enclosed Poster on a
signboard such as cardboard, plywood or other material, posting it at the subject property seven
(7) days (or more) prior to hearing. (It is the 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 July 2, 2018.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Ends
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
---------------------------------------------------------x
In the Matter of the Application of AFFIDAVIT
DAVID #7168 OF
(Name of Applicant) MAILINGS RECEYveo
CTM Parcel #1000-126-6-13 JUN 2 9 2018
ZONING BOARD OF APPEALS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose
and say that:
On the 18TH day of June, 2018, 1 personally mailed at the United States Post
Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
a true copy of the attached Legal Notice in prepaid envelopes addressed to current
owners shown on the current assessment roll verified from the official records on file
with the ( X ) Assessors, or ( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicul right-of-way of
record, surrounding the applicant's property.
(Signatu
Sworn to before me this
day of --YV/U E , 2018
(N ary Public)
MARGARET C. RUTKOWSKI
Notary PuNbilic,49tatte of New York
82528
ouaiified in Suffolk County
a0
Commission Expires June 3,
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to
the owner names and addresses for which notices were mailed. Thank you.
rte.
ZONING BOARD OF APPEALS gg �
TOWN OF SOUTHOLD: NEW YORK
---------------------------------------------------------------
x
In the Matter of the Application of AFFIDAVIT
OF SIGN
DAVID # 7168 POST
Regarding Posting of Sign Upon
Applicant's Land Identified as
1000-126-6-13
---------------------------------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and
say that:
On the 27th day of June, 2018, 1 personally placed the Town's official Poster,
with the date of hearing and nature of the application noted thereon, securely upon the
property, located ten (10) feet or closer from the street or right-of-way (driveway
entrance) - facing the street or facing each street or right-of-way entrance*; and that
I hereby confirm that the Poster has remained in place for seven days prior to the
date of the subject hearing date, which hearing date was shown to be THURSDAY, July
5, 2018
.i
ricia C. Moore
Sxvorn to befo e e this
day of�� , 2018
Notary .c Y A.PERKINS
IqotM Public,State of New York
No.01 PE6130636
Qualified in Suffolk Cou
Commission Expires July 18a�4
*near the entrance or driveway entrance of the property, as the area most visible to
passersby.
DAVID ZBA APPEAL Q#,
ctm: 78-1-35 _ e - lo , 23
Town Clerk 01 d LLI,
Town of Southold
PO Box 1179 ° ?OX # /
Southold NY 11971
ctm: 76-1-14
Patrick & Leigh McKegney
244 W 74th St. Apt. 8C
New York, NY 10023
ctm: 76-1-13
David R. Starwood
Jane Taylor
P.O. Box 803
Southold, NY 11971
ctm: 78-2-28
Angela Gorsky
19 Homestead Ave.
Garden City, NY 11530
Ctm: 78-2-30
John & Lorena Bloom
503 Sweet Hollow Road
Melville NY 11747
ctm: 78-2-5
Mitchell Weinfeld
Minutaglio Aubrey
92 Beechknoll Rd.
Forest Hills, NY 11375
ctm: 78-2-6
Peter & Lynn Richardson
45 Harrison Dr.
Berkeley Heights, NJ 07922
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7
#0002226110
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 06/28/2018
Principal Clerk
Sworn to before me this day of0aA_k6/9
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01V06105050
8uolifled in Suffolk County
My COmmiccloa Expires February 28,2020
TYPESET Thu Jun 14 12.56:06 EDT 2018 l ,
ing single family dwelling;at;1)less than the
LEGAL NOTICE code required minimum rear yard setback of
SOUTHOLD TOWN ZONING BOARD 50 feet;2)less than the code required mini-
OF APPEALS mum side yard setback of 15 feet;at 5400
THURSDAY,JULY 5,2018 Peconic Bay Boulevard (Adj. to Great
PUBLIC HEARINGS Peconic Bay),Laurel,NY.SCTM#1000-128-
NOTICE IS HEREBY GIVEN,pursuant to 2-12.
Section 267 of the Town Law and Town Code 11:15 A.M. - JOHN AND MARGARET
Chapter 280(Zoning),Town of Southold,the HOCHSTRASSER#7176-Request for a
following public hearings will be held by the Variance from Article XXIII, Section
SOUTHOLD TOWN ZONING BOARD OF 280-124 and the Building Inspector's March
APPEALS at the Town Hall, 53095 Main 12,2018 Notice of Disapproval based on an
Road,PO. Box 1179, Southold,New York application for a building permit to construct
11971-0959, on THURSDAY, JULY 5, additions and alterations to an existing single
2018. family dwelling; at; 1) less than the code
9:30 A.M.-ARTHUR AND GWEN PIER required minimum side yard setback of 15
#7167-Request for a Variance from Article feet; at: 2855 Nassau Point Road, (adj. to
XXIII,Section 280-124,and the Building In- Little Peconic Bay), Cutchogue, NY.
spector's February 6,2018,Notice of Disap- SCfM#1000-104-13-9.
proval based on an application for a building 1:00 P.M.-MICHAEL GERACI#7173-
permit to construct additions and alterations Request for Variances from Article XXIII,
to an existing single family dwelling;at; 1) Section 280-124 and the Building Inspector's
located less than the code required minimum March 15,2018,Amended March 20,2018,
front yard setback of 40 feet:at:25 East Side Notice of Disapproval based on an applica-
Avenue,Mattituck, NY. SCTM#1000-99-3- tion for a building permit to construct addi-
18 tions and alterations to an existing single fam-
9:45 A.M.-MARGERY RIFKIN DAVID ily dwelling;at,l)less than the code required
AND REUBEN J.DAVID#7168-Request minimum front yard setback of 40 feet;2)less
for a Variance from Article II1,Section 280- than the code required minimum rear yard
13(A)(6)e,and the Building Inspector's Feb- setback of 50 feet;at:525 Old Salt Road(adj.
ruary 13,2018,Notice of Disapproval based to James Creek), Mattituck, NY.
on an application for a budding permit to SCTM#1000-144-5-17.
legalize an"as built"accessory apartment in 1:15 P.M.-BRIAN MORRISSEY#7177-
an existing single family dwelling,at;1)"as Request for Variances from Article III,Sec-
built"accessory apartment exceeds 40%of tion 280-15;Article XXIII,Section 280-124;
the livable floor area of the existing dwelling and the Building Inspector's January 26,
unit; at: 1130 Glenn Road, (Adj. to West 2018, Amended March 28,2018 Notice of
Creek)Southold NY.SCTM#1000-78-2-29. Disapproval based on an application for a
10:00 A.M.-MARK VOLPE#7169-Re- building permit to construct additions and al-
quest for a Variance from Article XXIII,Sec- terations to an existing single family dwelling
tion 280-124, and the Building Inspector's and to legalize an existing 100 sq.ft.acces-
March 5,2018,Notice of Disapproval based sory shed;at; 1)accessory shed located less
on an application for a building permit to than the code required minimum rear yard
construct additions and alterations to an exist- setback of 10 feet;2)additions to the single
ing single family dwelling;at;1)located less family dwelling less than the code required
than the code required minimum rear yard minimum side yard setback of 15 feet,at:65
setback of 35 feet;at: 10896 Great Peconic Corey Creek Lane Road, Southold, NY.
Bay Boulevard, Laurel, NY. SCTM#1000- SCI'M#1000-78-4-30.
126-6-13 1:30 P.M.-KENNETH RICHERT#7188-
10:15 A.M.-JUSTIN AND ELIZABETH Request for a Variance from Article III,Sec-
MIRRO#7171-Request for a Variance from tion 280-14 and the Building Inspector's
Article IV,Section 280-18 and the Building April 17,2018,Notice of Disapproval based
Inspector's February 26,2018,Notice of Drs- on an application for a lot line modification,
approval based on an application for a at,I)proposed lotmeasures less thanthecode
building permit to demolish and construct a required minimum lot area of 80,000 sq ft.;
new single family dwelling,at;l)less than the located at: 25705 County Road 48, Cut-
code required minimum front yard setback of chogue, NY. SCTM#1000-84-2-2.2 &
50 feet,at:2455 Nassau Point Road,(adj,to 1000-84-2-2.3.
Hog Neck Bay/Little Peconic Bay) Cut- The Board of Appeals will hear all persons
chogue,NY.SCI'M#1000-10413-6 or their representatives,desiring to be heard at
10:30 A.M.-STACIA M.REMPE#7178- each hearing,and/or desiring to submit writ-
Request for a Waiver of Merger petition under ten statements before the conclusion of each
Article II,Section 280-10A,to unmerge land hearing.Each hearing will
identified as SCTM No.1000-53-6-39 which not start earlier than designated above.Files
has merged with SCTM No. 1000-53-6-40, are available for review during regular busi-
based on the Building Inspector's March 19, ness hours and
2018 Notice of Disapproval,which states that prior to the day of the hearing.If you have
a non-conforming lot shall merge with an questions,please contact our office at,(631)
adjacent conforming or non-conforming lot 765-1809, or by email: KimF@
held in common ownership with the first lot at southoldtownny.gov
any time after July 1, 1983 and that non- Dated:June 21,2018
conforming lots shall merge until the total lot ZONING BOARD OF APPEALS
size conforms to the current bulk schedule LESLIE K A N E S W E I S M A N,
requirements(minimum 40,000 sq ft.in the CHAIRPERSON
R-40 Residential Zoning District),located,at BY:Kim E Fuentes
3080 Bayshore Road,Southold,NY.SCTM 54375 Main Road(Office Location)
Nos 1000-53-6-39 and 1000-53-6-40. 53095 Main Road(Mailing/USPS)
11:00 A.M.-LAURIS G.L.RALL#7175- P.O Box 1179
Request for a Variance from Article IV,Sec- Southold,NY 11971-0959
tion 280-18 and the Building Inspector's 2226110
March 22,2018 Notice of Disapproval based
on an application for a building permit to
construct additions and alterations to an exist-
1+I �,TIr:. E U' F HEAR1i4 (.'i1
The following application will be heard by the Southold Town
Board of Appeals at Town Hall , 53095 Main Road , Southold:
NAME : DAVID , REUBEN # 7168
SCTM # : 1 000-78-2-29
VARIANCE : "AS BUILT" APARTMENT EXCEEDS 40%
OF LIVABLE FLOOR AREA OF EXISTING
DWELLING
REQUEST: ACCESSORY APARTMENT_
DATE : THURS . , JULY 55 2018 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 OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809
BOARD MEMBERS _ Southold Town Hall
Leslie Kanes Weisman,Chairperson ����� SDUTyOI 53095 Main Road-P.O.Box 1179
p Southold,NY 11971-0959
Patricia Acamporat Office Location:
Eric Dantes Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer �� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento COU Southold,Southold,NY 11971
http://southoldtownny.gov I E
ZONING BOARD OF APPEALS D
TOWN OF SOUTHOLD LIAR 2018
Tel.(631)765-1809-Fax(631)765-9064
Southold B a d
March 12, 2018 Planning
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold,NY 11971
Re: ZBA File Ref. No. # 7168 DAVID, Reuben&Margery
Dear Mark:
We have received an application to legalize an "as built" accessory apartment in an
existing single family dwelling. A copy of the Building Inspector's Notice of
Disapproval under Chapter 280 (Zoning Code), and survey map,project description form,
are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chai �rn
By:
BOARD MEMBERS riF S0(/ Southold Town Hall
Leslie Kanes Weisman,Chairperson �o�� ry�lO 53095 Main Road•P.O.Box 1179
Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes G Town Annex/First Floor,Capital One Bank
Gerard P.Goehringer '�c� • ,^�aa�O 54375 Main Road(at Youngs Avenue)
Nicholas Planamento �j'C�U ��v Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064
March 12, 2018
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 # 7168 Owner/Applicant : DAVID, Reuben & Margery
Action Requested: Legalize an "as built" accessory apartment in an existing single family
dwelling.
Within 500 feet of: ( ) State or County Road
(X) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
(X) 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 C iton
By: t74
Encls.
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson o \Vjf SU�jyol 53095 Main Road-P.O.Box 1179
p Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dantes �, Town Annex/First Floor,
Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento OIiYcou Southold,NY 11971
http://southoldtowmy.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel.(631) 765-1809-Fax(631) 765-9064
September 25, 2018
Patricia Moore
Attorney at Law
51020 Main Road
Southold,NY 11971
Re: ZBA Appeal No. 7168
Reuben and Margery David
1130 Glenn Road, Southold
SCTM Nos. 1000-78-2-29
Dear Mrs. Moore;
Enclosed is a copy of the Zoning Board's September 20, 2018 determination filed today with
the Town Clerk regarding your application.
Sincerely,
Kim E. Fuentes
Board Assistant
Encl.
cc: Building Department
IMS
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