Loading...
HomeMy WebLinkAbout7168 1Qeu be4'1 +- H30 -, d a I a,l,c `�O-s �u c u 017 ►� atin ��tsh � v l P- IAS sla lis ' J D-0 CHECK BOXES AS COMPLETED Z I ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND ( ) Check file boxes for � o a � ,�J ° Q a ( ) Assign next number 3 ° outside of file folder , co ( ) Date stamp entire or ° file number m -n -v CO cn I ( ) Hole punch entire or X o 0 N — D o (before sending to T. _w `D o_ o G i ( ) Create new index ca 3 o0) ;' Z 0 � cQ ( ) Print contact info & 0 � rn -� Q X m ( ) CD Prepare transmittal @ 0 Y, ( ) Send original applic 3 0 0 to Town Clerk ( ) Note inside file fold and tape to inside n ( ) Copy County Tax M,( 0 neighbors and AG Ic -n ( ) Make 7 copies and l ( ) Do mailing label rn I co i 03�1 311a�� � 31aaf g f I 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 H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 IH I M C • �� Desian Services i ��aV� t:a.w mchdesianservIms,rom a phone. I (631)298-2250 42'-("'; MAR emall: michael@mchdeslgnservlces.com 23'-6"(EXPAND DECK) I'-9" 4'-0" 4'-0" 4'-0" 4'-0" 4'l" 4'-O" 4'-O" AF 4'-O" 4'-O" I'-9" •y q�y ISG BOARD OF APPEALS 415" -911 p 415" 415" 415" 415" 415" 415" 415" h®INl. 4'11" 6'-615" 6'-'115° 6'-OY�" I (3)7X10 ACO GIRDER _ 744GW4050 744GW4050 7440W4000 744GW4050 744GWlOSO 744GW4050 7440104050 744GW4050 744GW4030 PROVIDE CROSS BRACING IBX74 PC TRENCH FOOTING, (3)7X10 ACO GIRDER AB REQUIRED AT POSTS 6X6 ACO POST 3'BELOW GRADE �� (31 2X(' 17°dle LONG PIER FANG BLK OVER POET c i BIGFOOT FOOTING �P) v 9'BELOW GRADE NR'-Il' 2'-0" II° 3 SCREENED PORCH - BUILD UP PATIO To BE 5'-3 0!i D WA LS U DI E GIRD � 1�1 INSTALL SCREENPANELB LY _O? AND WALLS UNDER GIRDER • (3)H3/4Xe_V4 ML"1/fU 5/8°STEEL FLITCH PLATES(FLUBW--_ UNDER GL08ET _ _ I STEM WALL -TERNATIVE!43 1.974X76 ML UPSET 6Edhl iO h PO0T0 <:IT'P1GAU OR(9)1-3/4X14 ML UPSET BEAM BtAIR LNDG -3 Lu U r 41 OF33AR •' i 3a'�95" I IO'-596° - AJ ' ROSE EXISTING I Q' !' PROVIDE BLOCKING OVER WALL 7'-0 0436 FWGBOSIIL10° FILYa8001IR EGRESS.B.S 8F OPNG d �I — — REPLACE HEADER I (7)7X10 'PASS THROUGH (L S-1/2 ML HDR (7)41/7 ML HDR ❑1 7X10 OR L — ! O — h)9-Vl ML HDR -(7)7X10 NOR I 3.1/7X5-1!1 18e I L J IX L I O " ' COLUTNAM 4 1� . -- u COLUMN B CL 31'-7H� {• a Q _ w K EX. OFFICE i B /STUDIO (�I Z 0' EX.BEDROOM .................. K .....B.G�::N:.... .Kip. ..... y ...........� EXISTING POST 4 0'CEILING z I , O I TO BE REMOVED A L 4 KOSHER KITCHEN F7 a V A �' ' . I e c'-' BUNG k' \J u BOX IN POST I9y v ABOVE COUNTER RR RELOCATE I -IX.7X10.IB°OC(VIF) d EX.GREAT I RODM 7 EX.DOOR � � � B G— eITLING L � . • I I N I ry F•Q I DW "'0"1 '0 I O A O ........ .... l��J/ •. i Lmm . _ ® �vERIFY EXIBTRIG FOOTPI" �/� 1 MMIMRt.lX3Xf CONG FTG �r CIO EX IUeXlO ........ EX.WBXIO -..... I - .. .. .... .. is 7• !• .�: , r B CEILING X� •� Q o O ,6.: . EXISTING POST Q EX WORK SHOPro ee REMovED B'CEILING • CLOBE7Af� Q 7 ' EXERCISE� " - ISE AREA - 3 -- --- /RECREATION EX.GARAGE _ �•, +- 8 CEILING O 'Z 4'EW(3)43/ IHVS ML y RE;BANE WALL (�7X6 P�eT w/ AS REQUIRED ... I EX. MECHANICALS 7x77(f I G. DRAWN BY: MH ...... . ........ .a.�.. B CEILING OPEN RAILING 10'-1115° ( EX�WBXIO-'+ EX.W0X10:�+- IX WBXfO I 4''O" 1�/ 4'O• I CLOSE 4 12/21/2017 u� 0 EX.STORAGE v EX STORAGE � B-- EILIN� 9 B G-� ILIN� SCALE: SEE PLAN •....................... SHEET NO: FOUNDATION PLAN SCALA: 1/8" = 11-0II 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 eDRY CONNECTORS. 3).CONNECT DOWNSPOUTS TO STORM SEWER SYSTEM AS INDICATED.SEAL PROPERTY WETLANDS: 7504.9 SQ.Fi. .17 ACRES CONNECTION WATERTIGHT. 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 COMPLETION. ESTIMATED AREA Of 3000 SQ.FT. 0 0GROUND DISTURBANCE: 0 0 c 0 t ^ v J EXISTING HOUSE: 2175.9 SQ.FT. 9.4% z EXISTING DECK: 482.2 SQ.FT. 2.1% o O EXISTING PORCH: 56.0 SQ.IL0.2/° • EXISTING SHEDS: 256.9 SQ.FT. 1.1% EL 2 PROPOSED ADDITIONS: 87.4 SQ.f1. 0.4 I r PROPOSED DECK ADDITION: 219.8 SQ.fi. 0.9% 4 CU.YD. 2 CU.YD. w APROXIMATE LANDWARD S� U � LIMIT OF TITAL WETLAND O PROPOSED DRYWELLS: 1- 8'dio 5 CU.YD. 3 CU.YD. 10' NOF-TURF EL TOM: 3278.2 SQ.FT. 14.1% 9 CUP .YO. 5 CU.YD. �"'�� lO c/J z O i IW z A N07541. 9�I �U2 I �i a a ao 84 9-�p C'7 0 o SHED '_ 1 1 LIMITS`OF CLEARING 00 _ ^F-I co 0111 I (HAY BALES) EX. STONE WALKWAY PORTA-LAV TORFMAIN t ^ O O 91.2' v ' EX.RECT ON SITE FOR CONSTRUCTION ON GLE CENTER OF CONSTRUCTION w: J ,\ E�`J(• O \ CONSTRUCTI11IIIONDISTFA` EXISTING ASPHALT RIVEWAY ,Myu TO REMAIN4 ON SIb0. WEST CREEK \\ \ z" ai m EXIST. ae;' DECK (DREDCxED� \ \ w:; i EL. 12.3 `� ` QO \ u o MEETS & BOUNDS \ N O `-:' 1 BY: YOUNG &YOUNG EX. ISTY, ORCH 1 O' DATED: AUG. 22, 1983 \ ', 12.3' HOUSE \ 'i0,6 X BASEMENT EL.8.1 '00p \ 'X :.J . HAY BAY w/SILT FENCING; ' j 4, j \ l.0 !T O 12.0 X4, 14.0'X9. LIMITS OF CLEARING TO BE ADDLTION �� O O FLOATINCsDOCK EX, RAMP DOC NO MORE THAN 20'FROM PROPOSED WORK AS _ O IVO DICATED ON SITE PLAN ��; �� �� O ..................... � 15.8' 12 � 1. � 1 ' 9 g fV v _ EX.SHED GP _ 99 \ \ Y HW4 01 .. RELOCATE.. .. _ - O X c� ......:.t� ow .: "u.o 11 I �J 1 :•EX.WOO ` _ '. O` 1 SOIL-; 0% •SHED TO E� ` LOCATION .........--•- t.;I : REMO. ..--••.........................� ................. ' I 10 NON-TURF (WAYBALES) RF LIMITS ES B S 1601514011 E 26'4.0401 ` CONCRETE \ WASHOUT 1 APROXIMATE LANDWARD SEL LiMIT OF TITAL WETLAND 10 11 EL 2 61TE FLAN DRAWN BY: MH SCALE. 1" = 20'-0" 1/23/2018 SCALE: SEE PLAN OF NEW C, 5. DE SHEET NO: o � I 072502 ��FESSI0 0-11x/ J 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 r ;;`',r•i•t �y ���) /'iy//i. t:�\•t•Sid t ,1~ n � `a / .•/s t=q r/ i. 6� -... 5 /SR�B�'�ATI'S�"AIIt4'IDJr71II/T.R9P8F><'�'itcmnaoc2RN,AWJJml�iT6•mJ`J0.�VmP7Ilo6•lmK9i^ASCI4SRLL•�IF�7LS77' 9b�.."�t'65�"'1�'Cfh'lt:S:971RM' ,5r —� r ' 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 . r 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. r - r — _J �h�v� �t Hri-F, ��r' �, -�;:J 97r: '3,ia ,. �'�° � .� ,•��� ups 0-zy'� - !- ,cam'�/r -? epi• �:t,�-,, .��'`A�i?.• � uSs, / ,:)' � .�V�' �'� y/�•.• •'• 1 - .t t%L� 1 u u+ r• - �. 1 : m C H Desi n Services em h phone (631)298-2250 47'-B° eMll• mlchaelQmchdeslgnservlws com 4-0' 4-0° 4K° 4K° 4K° 4K° �e AI ] ] } DUO ACO GOaDER }44GW050 ].dGWb90 ]dIGWOBD W090 ]MGWOBD2...-901——° .1-0-O1——— EF PR z C z.BRz. ° A)Dfb ACO GIRDER —— _ _— — ®®q ® I dB REO10tID Al P09T9 XG pOB ��OBT 9'BELOW GRdDE A)W T T 9'-10• b d .-e PIER CONG&X OYER eT SCREENED PORCH 39 = a� ® I g eI11LD UP PAW TO 0E B'•3 v p FLVBN Wml BdBeAENT ��e tl 4 p AMBTALL BCRECN PA— STM RRC4 AUEL9BT uFUTCN pLdTE91FLUBW !" (� r_ _ TEM Wdu aTBaaNn 0 ai w.x�e fa ima`Er m�;ri'— 4 wl �moFn Ex. q+ P'�°°I mg PO6TB � OR FY9M.t411PeaT BEdF1 � B�dU2 L1ID0 C q/ SA••4 � tYoe a :3B•-69A° Ip•-r�yp° „ I - � \.G° � O r--- �1 •� •ALIO° REYSE E%DTMG I J PRGvbE BLOCKMG OVFA WALL Y4 GIM FiG00616 RtGB061W EGRE99�Bb-.—R- P oCIL REPLACE HEADER I >R. pd09 THROBGN N 4V]nL NOR A)9N t4.MOR ni}xb MR L IA L –_ B m9 nn ryCm}xb MR B Pan a hl L I•– •- � 31'•th° • cowrM 4 – _ J �' �'1 G O K F e -9d E/XBb.eNOe.D lD m I Bxi9TMG PoeT BEDROO n No.l •'........................... ... ................... ......... ... GeeREo a KOSHER KITCHEN – , move cw�NrEx I R Op�.� .I6•GD rv�, �!� W RELauTe I� d I� EX,GREAT ROOM Ex]xlG kl Iex.DOOR •� u i °� P� - --- — — — — - `-dam" ® -�-�---•.�RB, �,,.G ® A O • , T�•emlvfn.abkf COtc PfG Ek YR%b OB%b • T ' ......: •..... V : .....I...a mG.l6'Gc rvP] Ex BORRKM-SHOP T• EM9TMG PGT G EM REnavEn cL°EEr_4* r.. EXERCISE AREA e.: a '''Y�I•'''` /RECREATION EX.GARAGE ,f � 2 &ew n}iYd�rnve ra• B eEwuG m d dB REONPtEO EX.MECHANICALS ]a 5'r R .�.. T CPE~ dtiMG� -66° DRAWN BY: MH — —• IX WBXIO i—��— IX WBxrG I�. .'.O• �f .y " IX WBxlO• ; • : Y GLOBES 12/21/2017 ' 2 EX.STORAGE EX STORAGE SCALE: SEE PLAN SHEET NO: FOUNDATION FLAN SCALE- ve = Fo,, � i R�G�IVEU� pNING 6 UAVkv of ANP s� .y FLooiQ- STF}l�S TO M0IN FLool� RFCrCWEU 11� ZONING BOARD OF APPEALS -rte. LO Wer, FLoo+e s7`R��eS i o M61N FLOOR Now i RECEIVEu ( (�� ZONING BUARU OF APPEALS jw-.WAS6-0 { f Y� f Lo w E6z FLooe k-O S HES K!Tc-H EIJ D REC LIAR 5 288 RD OF APPEALS NAM- - a'S�y.1�`a�TN�k`�'k.`�a r h*, yr��} J i:. � �• - 1 �c k}E 7lvaic.ilOr _ .yam__. ',• R, 4 � �u+`agMw��r 9 - i {y K -- 5h t n F" 1-0 vJ�i2 �LD02 NING ESCIARU U F APPEALS Entr. S circ. �'7, r � 51 Ar dill _ moi/ � ... .?.�'.�T • j L�'"•._ { _ 1 jo- v ./ ,.. -- mss,•.. _.- -, .'t. f,csT - X. - - ..r _�,,, � ,mow•'` p W c R- FLooP � .- C'9 E D Room glpk • RECEIVES-. 1�� MAR D 5 WO I ING BOARD OF F" _ y.r 1, Dv/ �� FL00,49, EXE P-CiSE PPIEP '11 RECEIVED f Y ZONING BOARD OF APPEALS y, 1 i 4 Y 1 l NxN G�ON�v ur NPpEA� � - t r`. M y .f• R+ F. p� J-cW E 2 PLOOK C)FFIC-ElSTV DJ0 i •, --moi-" Alm poJPW t `9r' 1 � /J '71 RECEIVED QNING BOARD Of PE =`O i r low t� it s E ry .r L o w EK FLOOD, , i f' w www- �•li�li ++ a olli list%% IM Now' ,. r• so KW"- r•w P[t— � '" ,,.� � �._ •,SAI —00 RECEIVE LIAR 05 ING BOARD y'Vv r 1, !. ... M1 3: s'ly 1 k e R 4 �y v +. K poll m r � I � r` � REOEIVEL- MAR 0 5 Z018 ZONING BOARD OF APPEALS i B i ti 77�1- M H w F LOCK tt►i L-A- w0 y T-o M 19 STEP- 6�b�ooM KFCEIVEL; � s loll maw■ "�4. " �IMt� r +fie 4 M 6 l N FL-e90k M610 Jc1TCffEN RECEIVED LIAR 0 5 ZOi� ZONING BOARD OF APPE W A . y i «r M N FLOCK 1 1. 1 t i w i t { r i f s 7 1 { h. ,r �, ^.,� •�� KFC{ Y `•a •� e •w. r 6 IV .. ` . ♦ eft_ - l��Df2�o M 30-1 � RECEIVE`- . Mat,' ^.res �; •.yt�!1LtM'.1f�17 l r 4 � • i w� • s �M+. .i►� irk yL•'r M t l'vl Iq ► � �L�iDIZ F�ECEIVEO ."•• :ZONINGBOARD OF APPEALS w 5 � 6 e 2 w- _ -oft- 7 a ' x. � I" wlh ' rt r a M 191 N F(_OOK H/�L C_ BI�TH�oONJ L i yf t r r J ` Y I it a _ . ` • � • ti' , r; ?■ ,<'t ..gyp� 'S. �. RD OF APPEALS ' 4 u _ I J P r ,Y s - •,�• 41 An ,� eke' ti _ •'.. , 1' ` 'a r. i lyry� k F' • i TOWN OF soulrijoL ' 690J i OWNER STREET - y, u a /� VILLA D« . sv�. LOT P R ER N N ;� •5 s-� � E ACR. aY+- Ie s �g f 610 W TYPE OF BUILDING SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. W TOTAL DATE REMARKS J-2) v ,/ '�1� z00, 6 & b 27 G °ro Z2 3 67 a�� /x fS�f G'rlufr. a�w, ek J. Cnis7`r. o//�ioesa access. ,�/��. �� /•y� C10,C:) - ct< c R d 'ort -e /�aGg C�j' ► e BUI ING ONDITI N z�l 2 - 11 CAD=A M Acre a eP J SSG /(a � 7.57�0 iy 1ro ' 7 e S alu CD cn:lable 3 'Woodland • J p amp land FRONTAGE ON WATER shlond 0I F r � FRONTAGE ON ROAD o Ise Plot DEPTH v -4"-r— ma BULKHEAD D DOCK ■■■ ■■ ®O■■N■■■N!■ . .• ■Orf■ ■■ONO■■■!MMMME ON 00 0 IN ��■■■!�!! ON No ■■■■■!!!�!IN r ■ ■I ��l EVEN OMEN J ■ �i=� ■lO�rN ami■■NONE ■■E!E 11Sis■ ! ■■■■N■■■■! i iiiI■NANO■■■■1■■!■ !■■it'd!■■ i!■��■� 13�ENE■e■�E■■i! - ■■■r■■r�E WARd MONO ona OR No ON ME _ ■■■EOE■ !!■!■f�ii■■ ■■!N■ M■ ■■■�!�■!■EE■ _ Basement a 'r 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 "t\`Y }{„ moi'%.off• A _&wN. " �. >' /�`V'1 � y �;;• ca� 1f� � � '': gra�;�x�:,: ,t' � s a � p Fas.�a.' •'F ";or w"�:._�'r, 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 ' o M ru ,. i r,I " a t. 8 W Certified Mad Fee ` c �^"- - rU$ Certrfied Mad Fee Lrj /I �p Extra Services&Fees(check box,add fee as eppropd I u') $ 1L�•• A ❑ Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee as appropdate, fi c AD- Return Receipt electronic $ f, 1 ,..� ❑Return Receipt(hardcopy) $ ❑ p(electronic) . Postmark E:3 ❑Certified Mall Restricted Delivery $ �Dle � ❑Return Receipt(electronic) $ I It ems.•7� \ l��trnark ❑Adult Signature Required $ 'fes' p I ❑�rtlFled Mall Restricted Delivery $ 1 �S \ ) re❑Adult Signature Restricted Delivery$ rO E]Adult Signature Required $ - M [:]Adult Signature Restricted Delivery$ {� Postage (mak O � o g �" - postage �y ,E�`�(�s C3 Tot Town Clerk o Ln Seg Town of Southold ® ; �, Angela Gorsky C3 PO Box 1179 _____--_ � ste 0 19 Homestead Ave. -�----------�----- Southold NY 11971 ----------- 7 `� Garden.City, NY 11530 Will- MW1 •••• •- � ® D I Ftd C3 D ® a o ® D M ,. ® m M I ° ii C3 C T if ri t I r" _ _,^ IF is � ( , p ru Certified Mall Fee �� CO) F � l`-�7 u, = U n I N Certified Mad Fee i Extra Services&Fees(check box,add tee as appro date $ - - a I , i ❑Retum Receipt(hardcopy) $ ��rtoa Extra Services&Fees(check box,add fee as appropdate) 0 ❑ Return Receipt(electronic) $ /y �ostma ,..q ❑Return Receipt(hardcopy) $ a c 1 ru ❑Certified Mall Restricted Delivery $ "°• CV Here (]] --� Q ❑Return Receipt(electronic) $ ra ® )e,. f❑Adult Signature Required $ ! ` r3 ❑Certified Mall Restricted Delivery $ '� ' Q El Adult Signature Restricted Delivery$ (L---i c•-� ((� . 1 O E]Adult Signature Required $ { i Postage � e'y I O E]Adult Signature Restricted Delivery$ -� Postage 1• ! E3 Total Patrick & Lei h Mc a e -� . Leigh ,g, John & Lorena Bloom`/ ----/ Serf' 244 W 74th St. Apt. 8C 0 o $ 503 Sweet Hollow Road-` s7�ee New York, NY 10023 �' — r_1 S Melville NY 11747 - ----I .----------- �'- - ® A M ° l ° °gym z I 1 m ° ° °co 1 ru . ;`..a ,( t'1..s' A .ms t�J {: �! � �k' !1 tw: ef�is° :,»:.°• 4`;,,1 '—^ �t. Certified Mall FeeLi a 1I A Certified Mail Fee _ Extra Services&Fees(checkbox,add fee as appropnate) `�� Ln $ ,� ❑ Return Receipt(hardcopy) $ - _� \ I Extra Services&Fees(check box,add fee as appropriate) .t y E3 ❑ReturnReceipt(electronic) $ Po T�( ark 1 ,� ❑Return Receipt(hardcopy) $ • g Q ❑Certified Mall Restricted Delivery $ d 1:3Return Receipt(electronic) $ CIO s mark ❑CeedMalRestctedDelive $ Her 0 []Adult Signature Required []Adult Signature Restricted Delivery$ �!� � ❑Adult Signature Required $ Postage []Adult Signature Restricted Delivery$ Postage of David R. Starwood 07® �/ o T, Mitchell Weinfeld Ln; Jane Taylor s Minutaglio Aubrey 0S r-9 C3 P.O. Box 803 ------------------ o s 92 Beechknoll Rd. --------------- Southold, NY 11971 -- — `` Forest Hills, NY 11375 ----------------- -C - ----------------- _ -n —1 n m C13 0 FF° , � ��✓? ft 1�a C�S����� rU Certfied Mad Fee<11 � � Certified Mail Fee `�1 �j g —. Ln $ fc," � �11 - Extra Services&Fees(checkbox,add fee as approp9�ate Extra Services&Fees(check box,addfeeasappropda,) ��' j rq ❑Return Receipt(hardcopy) $ / ,� ❑Return Receipt(hardcopy) $ �Jr Cm•) 0 ❑Return Receipt(electronic) $ ' � ❑Return Receipt(electronic) $ �, Postmar rPostmar \`�•� �%/ � El Mall Restricted Delivery $ I Here � -- Q ❑Certified Mall Restricted Delivery $ __�at -?� ,. � ❑Adult Signature Required $ '� O ❑Adult Signature Required $ " a, ?•rte ❑Adult Signature Restricted Delivery$ ,�•, ❑Adult Signature Restricted Delivery$ E:3 postage s Postage $ o Peter & Lynn Richardson C3 Total Postage and Fees Ln 45 Harrison Dr. --� T � Sent To 7'he D/o Berkeley Heights, NJ 07922 -------------------a SieefandAptNo,orPOBaxNo. = - = --U---4'---#----------------------------------------------------------------- ' City,State,ZIP+4� 1 I •. 1 1 I 111•1. •- -- - - • . • A Si ure fi'ddres'see ■ Comprete items 1,'z,and 3. ent■ Print your nameand address on the reverse X � so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B e el ed by(P' Namb�� J �C� te��a�$elivery jor on the front if d6sce permits. t ' D. Is delivery addr fferent m rem 1? ❑Yes Town,-Clerk If YES.enter delivery ad bet ut�`p No Towno1, Southold s PO Box "1179rYn �1 Southold.NY 11971 3. Service Type ❑Priority Mail Express@ l II I�I�I�I III I'I I III I I I IIII I I I I I II II II I IIII III ❑Adult Signature ❑Registered MallTM i {l ❑Adult Signature Restricted Delivery E3 Registered Mall Restricted 9590 9402 2472 6306 2684 39 ❑certified Mail® Delivery ❑Certified Mad Restricted Delivery ❑Return Receipt for I ❑Collect on Delivery. Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM i 2. Article Number(Transfer from service label) ❑Insured Mall ❑signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500 PS Form'1381 11;July 2015, PSN 7530-02-000-9053 Domestic Return•,Recelpt COMPLETE • • S SECTIONON i ■ Complete items 1,2,and 3. A. Signature j ■ Print our name and address on the reverse ] ,g E3 Agent so that we can return the card to you. X f ' " �� � E3 Addressee 1 ■ Attach this card to the back of the mailpiece, B• R.elvedlby(Pr)nf�eyd�&6 ,) -C. Date of Delivery,. or or on the front if space permits. �r ���� �(lp 1. Article Addressed to: ;7;, D.Is dellverV address diWgrent from Item 1? ❑Yes id Town �a wm, LLL If YES.enter delivery address below: p No Box I - � P�(on%C , 3. IIIIIIII IIII I I I I I I I I I I III I i I I I I I II(I I I I I I I I 11 Adult Service gnat Signature Restricted Delivery ❑Reggiste d Mail Restricted' 9590 9402 2472 6306 2682 24 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT ❑Insured Mall ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted DelNery. '(over$500) 1 Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt 1 SENDER:.COMPLETE THIS SECTION • • ON DELIVERY I ■ Complete items 1,2,and 3. Pis ture ■ Print your name and address on the reverse ❑Agent f so that we can return the card to you. Addressee ! • reiv Printed ame) Date of Delivery 1111111 Attach this card to the back of the mailpiece;;,'i�., or on the front if space permits. V —artl�a arirlra�¢od,rn-_ _—� •�, elivery address different from item 1? ❑ es John & Lorena B I o o m If YES.enter delivery address below. N 503 Sweet Hollow Road Melville NY 1.1747 lI II I Illill III III I III f l l l l l l l l III(I I I I III 3. Servide Type ❑Priority redII Express® ❑Registered+ ❑Adult Signature MaNTM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted-- 1 9590 9402 2472 6306 2683 92 ❑Certified Mad® •Delivery ❑Certified Mal Restricted Delivery - ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article;Number(Transfer from service.label), I i , , ❑Collect on DeliveryRestrictedDelivery ❑Signature ConfirmationTM i i i r 13 Insured Mail' : : [1 Signature Confirmation ❑Insured Mail Restricted Delivery` i Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Retulli,Receipt 1 " -71 � v DER: s •N COMPLETE THIS SECTIONONDELIVERY ® Complete items 1,2,and 3. M. ecelve7by Saliat ■ Print your name and address on the reverse Cl—❑Addr so that we can return the card to you. Addressee Z:2 ■ Attach this card to the back of the mailpiece, rinted Name) , C. Date of Delivery or on the front if space permits. r9t i. 1 e.+i io r.• D. Is delivery address different fronrdern,1? ,0 Yes David R. Starwood If YES,enter delivery(adr(elssbelow:`�VONo Jane Taylor P.O_.Box 803 Southold, NY 11971 II 1 I I II I I III I I III I I I I i II I I I I II SII 3. Service❑Adult Signaturre ❑RegisterMail ed MaillTMss& ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2472 6306 2684 15 ❑Certified Mail& Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) El Collect on Delivery Restricted Delivery 13 Signature Confirmation m ❑Insured Mad ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SENDER: COMPLETE SECTION COMPLETE • ON 0 . Complete items 1,2,and 3. A. Sign tur le Print your name and address on the reverse Agent so that we can return the card to you. \ ,y ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1 artirla pririraccari tnr D. Is delivery_addres different from item 1? ❑Yes Mitchell Weinfeld If YES enterdelive�addressbelow: ❑No Minutaglio Aubrey ����� 1 92 Beechknoll Rd. ; Forest Hills, NY 113753. II �II I I III I III I I III I III III I I III SII El dulls gn turee Restricted Delive 1:1Registe ed Ma icE�TyoqLz� 11 Priority Mail lTMss& 9590 9402 2472 6306 2684 53 ❑Certified Mad& ry El Dellivery Registered Mad Restricted ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mail 11 Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE THISn,SECITI ON ON DELIVERY SENDER C ■ Complete items 1,2,and 3:. `:S A. Signature �( ■ Print your name and address on the reverseX [3Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Ref e ved by(printed Name) C. Date of D livery or on the front if space permits. Lrij61�� MCl(,�O�� 0l "l Patrick &Leigh McKegney D. Isdelivery eraddress diffaddresbelerent from ow: El Yes If YES.enter delivery address below: ❑No 244 W"74t" St. Apt. 8C New York, NY 10023 SII I I II I III I I I I I I I I II I I III 3. Service Type ❑Priorly Md Expresso ❑Adult Signature ❑Registered MadrM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 990 9402 2472 6306 2684 22 ❑Certified Mad® Delivery t ❑Certified Mail Restricted Delivery EJReturn Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ElSignature ConfirmationTM ❑Insured Mail ❑Signature Confirmation ❑Insured Mad Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i 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 Revis*m - - - - - " - - 04-21-98 �) 11-0398 p a 11-23-98 03-19-01 0403-01 N 32.5 ssz Iu an s,e m w a 2 i 06-27-01 08-13-01 12-01 45 3839 1011 1HE70)iE 01-14-02 �� / $ 1-OA(c) n) CON&eN 01 08-12 o3 t+) SLEEPY HOLLOW x'12 ,e \l !� 10-10-03 'm m 4 6 Z Ij 1�t/1 10.13 5 4 04-15-O4 to A 1023 $ w 10.6 N 10.7 10.8 o•�(0) a ,� , _ no -006-0044 m t 2 4; 175A m ae+ e y z t QA(c)a s,o 0-24�5 1010; 105 1014 10A(c) 01-12-06 W 'a ars 1r 11-22-06 1 8 n» O rm 1 � 8 8 qs) ,m $ 1-4A t+) 1 m 104p,)11-20-09- u Po .1 q 3�) 09-30-11 32 is d 12-03-12 $n� m eo r es tq 10-3 O S +m) —1 �3,,,,s 2 � (501 042314 :u v +3° +m 15yOM J 03-02-15 '11 0 40-1 a S°+u ++o r + ,� m m m 28 l�R ' 07-1415 u�) 4, 1�2`rm 17 18 19 20 e 8 P>! 1 40 s no ,u 21 F rn) cen E 45 S 1 39 �) 23 24 25 26 r J�p� RA m tm ,x WNOF `g1 121 ,- 1.oA(c) La a 1 t� g 2 g_ a 6 fGLE 32 +33 34 aE q° >s s nr tom+as nm 21 22' , m w F 23 24 25 26 21 m rn n a m m m "s �pl®I�✓� 12.1 -:- '-c. u, - m � rP '(/l u s0 b 73 a^14 my 15.2 78g8 18.2 w 7S 7 16 J •� /• a (ck 13A(c) ,a q/q�� su, `lp SEE SEC NO. -� 2 \ a. � \�'b 183 ^a b �•�, 21Plc1 0,7p`lclq •`•` - / O � � s g � -J M° v us z"20 N 51•� 3 �. is yp ,OP m q SB n> s ,a "0nsr a1 511 x' 29 '48yo e s ® 63 �z& 31 39 7Og7 24 31 4, m � gg d Phe �t g tf� �, 9 709 20 21 ',I�/`7(� JY�' AN. 8 tt')•a o1 16 29A (' 4Y / �/(� j �1 a� � Og ,.. / U Vs a-3 r.2 1 4A(c)a 17 103 19 q `0� ';�8 •P/ 2 V �Q2�� d INYrb Lw ——sat—— H,arem I)mIM um ——„—— uRLEss tnnWv o,++ERVL+sE auvlmvERnes „ � -_W-- RAoea q_ RPEWMIN1HE p�a11T•ING aSRiiC15 - f1``s S )mc�ClM tlNtYe t/y` %v'Nci7 Sa1DOl SEVER' rDmad Lm I°nnmlDmrFJ lace--IbT-- llHYORAN q--0 a t)YMIYe --p-- Nnhulanw OmM Lim--M-- LIGHT I� VNIFR� l'>Lt[JyL[y b/prs}y{v1 � ® vMN REpuSE /W!/J J�wtld �wgLbn Wra.reinmwW um--WN-- p•A9UlA vatTEv rOaeia llm -5--