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n-, �� .-- -- - -- -- - - - -- ------f . -�4. 4,0.7_(a y APPEALS BOARD MEMBERS Mailing Address: �0��0� S�UlyDl Southold Town Hall James Dinizio,Jr., Chairman O 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Southold,NY 1 1.97 1-0959 Ruth D. Oliva Office Location: Michael A. Simon 0� �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman y"Oum 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD �I- ) (',a,� :; Tel. (631)765-1809•Fax(631)765-9064 ,,: OCT _ FINDINGS, DELIBERATIONS AND DETERMINATION th®ld Town Cleat MEETING OF SEPTEMBER 27, 2007 ZB File No. 6076—Robert K. Simon Property Location: 3715 Main Bayview Road, Southold CTM 78-2-14 SEQRA.DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 39,583 square foot parcel is located in the R-40 Low-Density Residential Zone District. The property has 126.67 feet along Main Bayview Road and is improved with a single-family dwelling, as shown on survey prepared by John C. Ehlers, Land Surveyor dated May 6, 2002. BASIS OF APPLICATION: Request for a Variance under Sections 280-122 and 280-124, based on the Building Inspector's July 24, 2007 Notice of Disapproval and Zoning Code Interpretation #5039 (Walz Application), disapproving an addition with alterations to the existing single- family dwelling, for the reason that the new construction will be less than 40 feet from the front lot line, which will increase the degree of nonconformance with regard to the front yard setback. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated August 27, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 13, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant proposes to construct an addition to a dwelling which is located in a nonconforming location 27 feet from the front line, as shown on h, a Page 2—September 27, 2007 ZB'File No. 6076—Robert K.Simon CTM No. 78-2-14 the 5/6/2002 survey prepared by John C. Ehlers, L.S. The proposed addition includes alterations to the roof, as shown on an elevation diagram (Page 1) prepared 9/18/06 by Eileen Wingate. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing house predates the zoning code setback requirement, with its nonconforming 27 foot front yard setback. The existing front yard setback will be maintained during the proposed new roof construction. The applicant states that they have not been able to obtain a certificate of occupancy for the house, and is trying obtain health department approval for a future new sanitary system and future new house. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is no other way to construct a new roof considering the location of the existing house. 3. The variance granted herein is not substantial. The amount of relief concerns only that area which increases the degree of front setback nonconformity for the roof construction. 4. The relief in this application has not been self-created. The house predates the zoning code setback requirements. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of obtaining a certificate of occupancy for the dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairman Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by John C. Ehlers, Land Surveyor dated May 6, 2002. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in s. # Page 3—September 27, 2007 ZB'E'ile No. 6076—Robert K.Simon CTM No. 78-2-14 this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Goehringer, Simon, and Weisman. (Member Oliva was absent.) This Re ution w my adopted (4-0). J es Dinizio Jr., Qhairmaln 16 / ( /2007 proved for Filing RECEIVED �+ ( 1 CT - 2007 buthold Town Clerk 77 1- Z MAP FOR -�� SETBACK A VERAGE A T SOUTHOLD F Q ,HOUSE o1 TO WN OF SOUTHOLD ; SUFFOLK COUNTY, N. Y. HOUSE 1000-78-02 14 �� Aa = SCALE: 1 60 - JUL Y 9, 2007 s- \ 1000-78-02-14 HOUSE HOUSE N . HOUSE O f HOUSE MET�c0.,� .,. 0. 49618 ANY ALTERATION OR ADDI77ON TO THIS SURVEY IS A VIOLATION OF SEC77ON 72090F 7HE NEW YORK STA7F EDUCA77ON LAW. ECONIC U (631) 765-5, -1797 EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CERTIFICARONS , HEREON ARE VALID FOR THIS MAP AND COPIES ]HEREOF ONLY IF P.O. BOX 909 (AND SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF 7HE SURVEYOR 1230 TRAVELERS R WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 03-24 t7 yy' `gyp/ ]T� — °��`''"' SITUATE: aOUTHOLD N rF S TOM: 5OUTHOLD �: {: ,ryr, SUFFOLK GOUKTY, NY e � SURVEYED 05-06-02 5UFFOLK COUNTY TAX # ) 1000-78-2-14 tit` CERTUM TO: ez r ' ROBERT Kf SI[MORT C010MOI A T,TH LAND �p��o �2o4m, Tll7CH.]E INSURANCE COMPANY � i"S B �r/ ,��?:.•, p a � cy �V ,E.,v;'i,.�i�rt5 reSr.,htt,M1r: .0 9e cf 9 o F tr-te�4.r n Q'� o/'/h M)� ` ose/�^y 1 `^ ail s J v of bo ®4 �r ��A� tL �• �'U `�a9',;` �e Post o gt'.r n�' V E� p!L on llne 1 r ty sJ it t•. k a f�1��3�'' � aT• / 7�r�.a �• � � zb• 9 `I o Go m I a< icy tl,, ,,,o --- 4,`+' ILI �'w r t} CQp Al x O` oa I ."4w'S 0301 o e i Q0 :it•rr`� r.c 9e �` r co bo `{ �' ' VAC' •tJ 1 Y P O 4'' �'7 " HOC� Fe V � } r 41 O 4 � \O r • { r� I rS4�yLY1S ®� NE"8r }tl �P t t NOTES: `t�a G. /l ��® MONUMENT FOUND cc �® PIPE FOUND � . r' •g • � t r 5F OR OPI AGRE5 _ J 11 TANG- 01= GE55POOL5 UNDER ath°rl°tlnitnrntlnnn nrx,lrin^nn,rvey �� g i I V.4 .... _.•.. ,_-- mp nenrng°I erNs°u Inr d s,n vnynr•...nn Iv n �. ®vl°latl°o r„ctnn-r�orl,Fvtr rwcnr�.nr tnn LAND 15 NOT VERIFIED `Non tort.atuln 6),r.uGr„r Lnr, 1 r f �lMy rope°�,rrmn tlw n.lg•vn nv Ir•�vr.y A ( r k°tl 1:!ntr n nnl nr ltvi rn 1.H i ° .;!;c_7WN HEREON ARE tl,;nnl v „n'r�Fltl r^tl rn n„vnl y ® l �y m !��JlCJ1IL� >� LAND SURVEYOR I t�I,. ._P C' 1''�I l�, fib ��l`��+L� �J f� ]( __GOD ZONE AE 8 A� 36103G0166 G ; ,tl•°nth �tlUJ t Iln„`arm°:.. "'g `r n 4 t t ' 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 ll Nn /. 111 f w nrr°J 1"= 40' p y y I r RIVERHEAD N.Y. 11901 -Wr w,um uun r.°mp, -- t I g Ky°M InM 4r•.{ItitV,n II•.lr:tl hc.°rm,rn� 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\02-169A.pro ��_ t c trnr,�rnruhln w°m tmr.,vrct wwm. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 13, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section .267 of the Town Law and Chapter 280 (Zoning), Code of the 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 13, 2007: 12:15 p.m. ROBERT K. SIMON #6076. Request for a Variance under Section 280-122 and 280- 124, based on the Building Inspector's July 24, 2007 Notice of Disapproval and Zoning Code Interpretation #5038 (Walz Application), disapproving an addition with alterations to the existing single-family dwelling, for the reason that the new construction at less than 40 feet from the front lot line, which will increase the degree of nonconformance with regard to the front yard setback. Location of Property: 3715 Main Bayview Road,Southold; CTM 78-2-14. 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 do not hesitate to contact our office at(631) 765-1809,or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: August 16,2007. ZONING BOARD OF APPEALS JAMES DINIZIO,JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 2QA7•samended Nyttce of..D�sapprovai concerning as built deck addmons to . the eiustutg single family dwelling fot the reaspnsytaf the construction will bq(n� essathan 1A feet onta Single stag' yard;(b�less than 2$filet for both side yarda ck s j(c)exceeding ietb Ehe code �imitahon of 20°/ maxunuin lqt cover-,`. age;:at 58315gRoufe�1$ (a/k/a Norfti-= - Roady Gteengoit CTiv1Y14 212 71s20 a rn WENDY LOMAS and • CHARLOTTE�,G>?�Ntc"�#60b7 Rea ,: giiestFfor a Variance.Under:Code:See;.' Lon ZBQ-15 based in tiie Building nspgutot s Jun'P 18 I iW,1�4?ttce OfDrs;: ' approval concetmng-propased struCUon in of°an e7astuig:=. aCeesso cy buddjpgr� th> Saincitonc eoq £oamlug loUogatplegsUian^The cod required l0nfegi#;o ,aanny%p`operty aat. S00'"Stephenson's lYoaF (Ptrvate,Rod 11335 ,7 e GQ>`r$utANt E$EEB1 and si1QN>xy gE1aE g6bz Red _. quest<for Vartapces unai SecUOns 281jt 1SB;id 1C,basfSd 3n,iJfe.Bu¢dr ingInsPect©c< ',�,Q AQZ1Notice of, Dis P ,va(epncenygg:piopost¢ ad d ofii and alterahoad Ea:+an°e�Ustiag.,:•- ae,¢essoty builtiiitg for tfierreasogttiaC;'; the newconstruedon beJess Wan 10' feet ftomtha rope alZ:n; d the exq istwgpbnconfotmdtg size:d�ili increase the'!code limitation o£7S0'square feef,,:. EG'ALIVQTICE at 24925 Maui Road C,,c ogue CTIvI SOf}�HOTTI.TbRsPiZONING 109-I2Q3 r$Oy�RTi OF ARP)vALS -.: 11`4� a'm 1)3EN�IETC'BROKAVT TtiiJtSfSe+rl!;$EPTEMBER13,2007 #607� Requestfgra V$nanca under �U$LC HEARINGS Section 2801 base 2 on;the_Buildi NQTICE IS,. pur Inspector s July 20 07 amended suait to Secuan167t bf the Town Law tice of D�sappYoval concerning an exLct -` and`Chapter DSO(Z<gnmg),Code of the mg accessory bud�mg a hrch as a resdlt Town o Sbufhbld Wt fgllowmg public e of the ptopasoq`T;w dwelllhgconstruc aavtngs w�)I;te heldi;Iif the SOUTH lion;willhearyaxdother[hanthe.code OLD O. ZONING BOARD;.OF required rearyard at 430Q'Bergeq.AV= PEA&S ath We Tawn Hall;53095• 'enue,Mattituck;CTM 1 k3 7 14 1155 a m Al l I CAhLAIIAN#6038. Main Rbad P'O Box 1179 Southold Re uest fora Variance raider Sectigfl. Nei#York ii, t1959 on THURSDAY 280 122 based,'on tkte Building Inspec, SEPLEMB R;73 2007' toi s'January30;2007 Notice of Disap= . 9:35 a.m. JAMES and JURY HAY WARD#6054:RequestfoEa Variance `Proval concerning proposed additions., andalteratiouito aa'axisting accessory under SeCGon 28b fS` based. on;.the yuilding vnth cgnversto4i from,the exist- Biiildtng Xnspector s aasended June:20 20Q7 Notice.of D>sappzoval updated 1°g bazn user Cti=an accessory playhouse t July 17 200 which"states that.the.pio orsiindaFaceesSoryuseasspercode:Thy' posed accessory garage will be located existing bain,Yplus ihe-proposed addi:. in:,a=ya;d other Wan the code•required, tions;rs prop¢sad in on the nconforming; reaz yard a>;14505Ihree:.Waters Road front ya;d w$tead of the code regdire¢!: Orienf'CTM 15 3 19 t6ai�a� ��214451Route 25 Orient , 9 45 a m :ROBERT O BRIEN v t #6f)75 Regtigs.'t forA a Variance:,under 12 AS p m URIE. and FOS ' Section 280 11'6 based on the Building TER REE'. #6041 (carryover from: Inspectors August 7 2Q07 Nohce:;of 6/28107 by applicant) Felice height„at:. Djsapproval c}oncenung;;pmposed �d 75375 Mani Rgad(alkJa;Front Street) diEion}and a fte7atr4ns tq the existing. . Gieenport CPM 481 2 t suiglefamily;d el?h or the reason 1215 pm',AOBERT..K SIM014 Wa the n@w.c sttU ti n will be'less #6076 IZequek fora Variance Under' - thaii73£eef7frdm the existing bulkhead Seetiop 280.122 and 2W424 based'oa:.. the,Building Tpspector s July 24 2oo -. atlaceht to(Sntidmets Bny at 1455 Tlu Notice of Disapproval:and Zoning- man s Path h`astivIariop CTM Sl 13'-2 4 55 a m SCQTT and SAIi?H Code Igterpretation#5038.(WalzAppli HASSILDINE#6072 RetjuestforFVan cation dtsapptoving an:atldrtion wttn asedon,. altkratrons to,the existing single family antes under,Section 28(�124 b dwe111ng ton the reas on that[lie neW,' t }tilding Ins�epYors3Jply J9 2007, ypstritCUonita:=less titan Q feeE front; NoTace oPDrsapprovat wTuch states:that 0tht.,';nopose2h'lronsttnchoq"(aftek sub .i,-il' ont)otluie wlucl willmcreasethe, starihaldemoliponofthe.exisUngbuild degree ofnohcbnformancewrthregard:'.' ring) with 'additions and'alterations,for 6 front yatflisetba6k;;Ioo'ti6a.of.: a ueW single family dwelling tytut less Property 715,;Mam.,, a iew Roa wt5aii*10'feef'olf a smgle'side yard and Southold CTM 78 214 less than 25 fee, total Sidi yazds Lo¢a 12 25 gm DQ.VJD SHERMAI?" t� Ei o$tiro tk6063 Request,as amended foX Vari q rrlty75 W sC Creak Av � $under�Secfroris1�180'f0 and 280E 7e,-nuer CutchSgiie CTM 3�0-5-4 #60691 R�uesRt©or$ � Pg. Sr �pif 1Z d20d Pl 6be of Dtsapproy, 1' Sections 28EF 1,66E 280122A En 286 wncennng'a proposed clecle addltioq, 124 based on the Building Insector'sluh (ldwil a6de 1 s than 10 feet on 7uly 1 ';bfotice of Duapproyal El y, 2{)wrjl^be less Wan cggcerrngg proposed addit�on(s)and 35 feet total side yard setbacks and(3) alterations to the ex>$Ung single family will exceed tho code hmitaUon of 200� e w c ase t6e)de a lot epvetage y)ocahon of Property 260'. �'"'dw MA hle� �Se are EF �oundexslPa(lii Southold:CTM 64 2 Zit' fnoneonformunCundet?Zontng Cdde „ 1e ern 0 Ywhe7p located less eLeaBaart}of Appeals will hear all; SSf e og a igle }tic ya;d Less to bnsytoratheu re�resgg tka es desi`r than 35.£eet f6i combined srde:yard'set jo be hea d at oach-hearmg and/or . backs 4lso p{oposed is an adrhUdnat desiring to sutimiC written statements' less thanr75rfeekfrom,the existjn bplk befbre.tthe.¢Qucluston of each hex% hgad Txicatronio�lTropetty 1274Pine @rig BaFhhearing vnll not start eazlier'. Ube Road 1 i tchogue CTM 11W 3 6. than designated above Files are avai) 103b a.m;: JQEI,;antl�`DON�7'A, able:fgr�2evtew during regulaz bu$E CAT?1pIIA#6071 Request£or a Van ne,'ss hours and;prior to•the day of,ti . :-aucenmderSectibrt280'1248 based'ion hearing If-.you Kaye'questions.please''' the:Bull¢u g Snspectbzs June Z;;2007 do;not hesit ate.to contact our office Nq:4ce ofisagpoval',,concenrn an at(631)765 18091 or by.email Linda. :apphcati9n:'foi abuilding permit for I{oivalskr@'�ownSouttiold:nyus an:as butt deck addifib to the suEgle Dated August 17 2007 family dwelling for tTie_reason iha`Kthe ZONING- 0ARD'OF APPEAES' requested cpnstmcUon:will exceed We TAMES DINIZIO JR CHAIRMM.4 2g� code lupttahon at 760 0a)<wood By LintlalCowalsla Drive�quth`old,CTMZ�-1�Z6 2 ,r -54375 Mam Raad(Office l;ocaUon):' 11 QQ anm P�¢ER and SHARON 53Qg5+Main Road(3 alhdgAddress: GANIEEI 0 ti6066°RequestEfoFt k x, C c r P O Bpx 4179 sVaiaan es liiider Se�Etgn Qt 124, ied i f 4" ,' SouthQldrl7l 11971 Op39 on the..Bwldmg 1gSpe�Cors June�1 85bb 1T 812� � #8500 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina MacDonald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 23RD day of August, 2007. �\ UBLW—Ziaz Principal Clerk Sworn to before me this day of y i��-7 2007 BABETTE CORNINE Notary Public,State Of New York No.01 C05792800 Qualified In Suffolk Coun Commission Expire FORM NO. 3 {Pow NOTICE OF DISAPPROVAL DATE: July 24, 2007 TO: Robert K. Simon 3715 Main Bayview Road Southold,NY 11971 Please take notice that your application dated June 7, 2007 For permit to construct second story additions and alterations to an existAUn le fa &dwelling at Location of property: 3715 Main Bayyiew Road, Southold,NY { County Tax Map No. 1000 - Section 78 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conforming 39,583 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforminguse,ise, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings_" The existing single family dwelling notes an existingfront ront yard setback of 27 feet, which will be maintained with the second story additions/alterations. Therefore, the proposed construction is not permitted pursuant to Article XXIH Section 200-124, which states that non-conforming lots,measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. This Disapproval is based on a survey last amended 02/28/03 by John T. Metzger LS a plans date ert Levine PE. Authorized Si ature Note to Applicant: Any Chang �eviation the above referenced application, may require further review by the Southold Towg Department. CC: file, Z.B.A. APPLICA )N TO THE SOUTHOLD TOWN BO ) OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. A-WOW Office Notes- House No.�21,�_Street 0W./W Bey 14/9ctJ Hamlet_ 7nn7 t SCTM 1000 Section Block Lot(s) Lot Size 83` , Zone R—'40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTORLu� DATED`De Q0 2 07 BASED ON MAP DATED y 7— yg Q_-3 Applicant(s)/Owner(s): ;?a#q P r— k S/ MailingAddress: 3 71• ��®1, � P6 COA11 L IVY. / J 9._f'a Telephone:73+ 4 Z// Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: for( )Owner, or ( ) Other: Agent's Address: Telephone Fax#: Email: Please check box to specify who you wish correspondence to be mailed to,from the above names: )dApplicant/Owner(s),or ❑Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING IVo /07/07 P +CTOR REVIEWED MAP DATED OZ ®3 and DENIED AN APPLICATION DATEDFOR: A Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Articled I LL Section 280-_ 2 00 --J Z Subsection Type of Appeal. An Appeal is made for: J'A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required.by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has ,J(has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) 3 Name of Owner 0 3 e K. �jA'I�� ZBA File#F REASONS FOR APPEAL FadcTitiaread sheets enccy,be used mills preaaarc's srRuawre): AREA VARLINCEREASO S. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby pro,�rties if granted,because: 'T*E ho 4es e s 3 oo -ke4- r� e-e.e_4 cl+"c-A ati. elr¢ eL$ 4Z S/Vnr/c�a� C�is~{a.9�e �titt2 !'oe;d. ` r e Q.cC -F-hssf fi" Q d4r4v¢ ,.y -Fr01Ati,ny ®.1 vHa-In 60ydoe,.n �v'hrcf. hAJ /ate Swt bac,E of iez,2. 4ef, Tbils hoccre desks tiJWt a-n0-K9--r hcse d+mc447 fra.%t (2) The benefit sought by the applicant CANNOT be achieved by some/ method feasible for the applicant to pursue,other than an area variance,because: ®nC-e f-e)04„re4 4r14 a_ G 4 o, . ,s crax.r.4e-A I rf /s PIQ.?r,e-A be rel0cArfed -tv -f'A,.e r-ea,, cx_s pa r- 0r.9'.' ccjLe, pro posed -KxKs be:.nY Z.•�, �"�' !� ' Corti P '%C n c-e— O-ic .S'eef ha4 S't=,q <A-0. ft?' (3) The amount of relief requested is not substantial because: /9// th4 f /s 4e:n9 Q.s fte d 4� /S 10 A.r; ,� � •�� die Pose S cc, ..� . ja robe bet �s ,,�:.t� Q� 0-�A v- is;n1 (4) The variance wftl NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: bj if s� Co..,- {fub`e. a.;A cz-1racfi�e� if �:%l o •�!y i.✓��t✓Lr.� 7)e tee :?4A0f A1901. (5) Has the alleged difficulty been self'-created?' ( )Yes,or 04No. Are there Covenants and Restrictions concerning this land: A No. ®Yes(please furnish comet), This is the MINIMUM that is necessary and adequate,and at the same time preserve and prastect the character of the neigbborhood and the health,safety,and welfare of the community. C/aecic llus,bar( ) IF A ESE VARIANCE IS RHO REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please he sure to r��jr, __ yyr of ororney.) Signature of Appellant or'Kuthorized Agent (Agent must sninnit uritten Autborikation from Owner) Sworn fore me this day o 20 0 Notary Public 10 ANNA GONZALEZ NOTARY No.01G050L State k 64202 Suffolk County Term Expires August 12,4W Zd t O ?6- APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant_ Roe6A-r_ k. -5i.-Io A-.,/ Date Prepared: A6 i l- e 7 I.For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas(New Dwelliinn or New Additions/Extensions): Dimensions of first floor extension: �I Dimensions of new second floor- Dimensions of floor above second.level: IV.A Height(from finished ground to top of ridge): Z!!f 4Q--Q't Is basement or lowest floor area being constructed? If yes„please provide height(above ground) measured from natural existing grade to first floor /I A I1I. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary))- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: `-rit✓0 Number of Floors and Changes WITH Alterations: L#04M6FE � �v1 j nNE. F�toa� IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 'f-7/ Sg 7 Proposed increase of building coverage: .41VA`4 Square footage of your lot: Percentage of coverage of your lot b building area. 2% V. Purpose of New Construction: iQE Qag—c- EX is 77A& tf,P iAA-1-70 JIS - EP. 0% VI. Please describe the land contours(flat,slope®fo,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code regnirement(s): A6 A Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002;212005; 1/2007 l./ QUESTIONNAIRE FOR FILING WrM YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes KNo B. Are there any proposals to change or alter land contours'? 5LNo ❑Yes,please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? f 2)Are these areas shown on the map submitted with this application? } 3)Is the property bulkheaded between the wetlands area and the upland building area? Arb 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? - YEJ Please confirm status of your inquiry or application with the Trustees:spy OE WjjM WAa,s pie-yoj,) and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /tfo E. Are there any patios,concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? A60 (Please show area of these structures on a diagram if any exist. Or state "none"on the above line, if applicable.) q F. Do you have any construction taking place at this time concerning your premises? Ala If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? !1i If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel a 4"X,7.0 A.277A-` — Sip/ � I A.,at r.r and proposed use mples:z sting: single-family; proposed: same with garage or pool,or other description.) U 7 Xu_t1forized Signature and Date 2/05; 1/07 C. Revisions 01-21-98 I I-09-9D ,cz II-23-96 00-1 9-01 N 304,200 04-00-01 z°° ne ,es 06-27-01 OD-13-01 lel s 09-12-01 45 38 39 y 10.11 _ THE WURE+J 01-14-0 S.OAIcI r2�02 3- _ 'TS 06- 10, ° CONSER\IJCT 06�012-03 =Z SLEEPY HOLLOW 10.12 he 10-10-03 " 5 1 95 10.17J 5. 04-IS-09 „ q _ ,,, 10.6 �J0 I.OA(c) 10.23 10.7 10.8 OD-06-04 s 4 5-26-OS 2 '~}eo `0ao`,s IMA u� 10.9 1.OA(c) '' n° 10-29-05 10.10 1 OA(° j°10.5 "a~ 30.14 . c1 OI-012 06 GpaNG6+p0 +0 9 _ ° 1.OA(cl 10.22 �,� O Uzi '10.4 'OAS 2�piJ z 11 e 'r n +o° 11.1 10.3 I50'n 4117 j 1B19221)O5 zz 23 24 zs 26 - 13.1 's16 ` us n Is rJz �a12 4s „s J GLENN 35 33 44 34 t GLENN "9 B 7 .1] IDRAW4CE1 " " 20 ° RD. 29 m �19A z1 �2 24 25 26 2� _ a rr, _ - S - 13 P m 15.2 18.1 14 a 18.2 .y 1S.,1 16 1.24fc1` 1.3A(c) , �6Gti, s1 g 'rs, J SEE SEC.NO.076 �,+ p 23 }i glcl 1 za0� \RO p 1.1a1� 1 a,20" N P e512 3 ° Gs 2° 19.1 x,c a. S r,y S.3 y 7 3y0x° - 251c1 6.OA(c) a 4 1.2P e� 56p1c1 -?o ,rz l660 r�/or,/'xOv 15•x m ,xe 51.1" 9 xs, 9 29 s •' 3 / � �B ne 1.2a s l50'1 s e 2B JJ rPoz A� 6 a°s 17 j'H ,n "50.'2�y: „4 � n B � x H.� Jq,�"`J3• 2 \ P?,s xN�AWxAS N ,16 V ' 2 10p1t1 �2g .O,°29 x p uq9 o t56 e' tip 's CT�$ 25 Po 4 92 9J 15✓ }.� - q8~ ei"a o$ 11 $��� $ 2.4 .rr J7 4 cl ns ,3O2s °✓ 'sc "q°-M 0 5g 5'V .,° 23 x°, •10 'h y2Plc1 s•° 13 N - :3q.2^tP�`46 y,43,2'y N 59 13 22 z.� O J,2gI 1 'O104? 61 j42.3= r+ xe 45.1 2.9A " v; 16 12.1 MAW 5.6A(c) .. 3g'' :62 O;, 17 IB.3 lg" " 422. N 300,400 ry o l50'1 $ ua nm ro MATCH 11NE Nlis _ sEE SEC.N0.087, a 1 Lr w.rn a AT a SLEir°b l°,H. „r __ _ ............. .,. 17— '_ TOWN OF SOUTHOLD m BUILDING_ ;RMIT APPLICATION CHECKLIST BUILDING DErARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Contact: ' Ru 8 E.k_r K. Si/►'1 v.,v Approved 0 Mail to: Disapproved a/c P6�vNi C N Y. [/YS'd Phone: 6_3l 4-Z/1 Expiration ,20 /y Bui i Ins*tor APPLICATION FOR BUILDING PERMIT . Date A4V /7 720407 0LL INSTRUCTIONS 5 s application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an addition six months.Thereafter, anew permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of.appli6nt or name,if a corporation) 37 q &joob (Mailing address-of ap licant) 7'.E CO3vf c .1W l\/, 119s7ig:, State whether•applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder _OW AI Name of owner of premises Ro Ae p, T- ' S f !� AJ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. bi_kA\d.Rn `1-<1 Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 3 7/S' m Aiti a�4y J 1 ai,%J :Sc� Lk-T�4_� House Number Street Hamlet County Tax Map No. 1000 Section '7 Block 0 2— Lot /�- Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use.and occupancy of proposed construction: a. Existing use and occupancy 511V 6 C.F- FA ryl/L b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration X Repair X Removal Demolition Other Work (Description). 4. Estimated Cos Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units r Number of dwelling units on each floor / k1j - t If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if'any: Front Rear 2 Depth 3 4 " 8�f Height 171 z Number of Stories 2 Dimensions of same structure with alterations or additions: Front �i ,. Rear ` � 6 Depth p 3L�' 8 fi Heights Number of Stories 8. Dimensions of entire new construction: Front Rear r Depth Height Number of Stories 9. Size of lot: Front / O I Rear g � 3 Depth 37Z.a/ 10. Date of Purchase.J 4 zy .3 00",X Name of Former Owner / ,11n d 774 ti F E y 11. Zone or use district in which premises are situated D r,U-n AZ- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded?YES NO_kWill excess fill be removed from premises?YES NO 14.Names of Owner of premises @o,e,-,eT K .SfIna✓Address 7 9 AAJ01) 44. Phone No. '73 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES f+C NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. FR,Q, PEzrti is 430 1- /S 16. Provide survey, to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF�J��°1-k, -RO r,Fje T /. j jMy being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the f-Q A/F— (Contractor,Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to�gfore me this day of J u N e- 20 D 7 Notary Public -Si gna ure of Applicant ANNA GONZALEZ NOTARY PUBLIC,State of New York No.01G05064202 Suffolk County Tartu Expires August 12,19W 20 /X� K 'COUNTY OF SUFFOLK l STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING August 27, 2007 Town of Southold ZBA AUG 3 1 Z007 53085 Main Rd.,P.O. Box 1179 Southold,NY 11971 Z®eslNc 130A1`M or ApPEALs Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number() Simon 6076 Very truly yours, Thomas Isles,AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 . (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 Albert J. Krupski, President ��� C� Town Hall James King, Vice-President ti� Gym 53095 Route 25 Artie Foster o P.O. Box 1179 N Z Southold, New York 11971-0959 Ken Poliwoda Peggy A. Dickerson 4,' �� Telephone (631) 765-1892 ( �(, Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 31 , 2003 Mr. Robert K. Simon 379 Wood Lane Peconic, NY 11958 RE: 3715 MAIN BAYVIEW RD., SOUTHOLD SCTM#78-2-14 Dear Mr. Simon: The Southold Town Board of Trustees reviewed the survey prepared by John T. Metzger last revised October 16, 2003 and determined the proposed relocation of the single-family dwelling to be out of the Wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code. Therefore, in accordance with the current Tidal Wetlands Code (Chapter 97) and the Coastal Erosion Hazard Area (Chapter 37) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without•a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. However, any activity within 100' of a Wetland line or seaward of the Coastal Erosion Hazard Area would require permits from this office. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. -......._......._..__---------- 1! 2 Sincerely, e. Albert J. Krupski, Jr. President, Board of Trustees AJK:lms Tr,TE DEPARTtVIENT OF ENVIRONMEti'TAL,-C) ,IS ER-,.,'t'iT-1--i,.% DEC PEWAIT ECTWE DATE AM F EFACILITYPROGRAM NUMBF.-,R'S% PERMIT ` DA TE'.S., Under the Environmental Conservation Law 'TYPE OF PERMIT M Nev Re!—%,,al pe,mit to pevnl' e 1-i jes 7r b: SPDF A!10E, i 5 T i�. Vvlater surn):a A Pokution. C',"ava: EriDsion 5 V'Rater Trnr.s-,3�� Artic'4z 23. Tt�le 27: Mimed La7i^ Ar- e T it: L.:;,.,c 187amc ,36: A,t,.cle 24: Freslt,;aelv'Jet,ands -�NYCRR T,--27 Sce?�, '1 7 2 7 c..'Cla' R,ve,s 9 A;c!_=215-: Tma", Raztatx;n Con;.C, NYC R R 6 -v`,'a 4 e Q:ta. C e-, ci j26,rT.1_p 77,T*`,e 7: 6NYCRR Sol'.!d Nlana, mer.- TELE-PHOINE NVABER PERN-VT ISSUED Ti;) I I 11 Robert Simon 1 (631) 734-421 1 r ADDRESS OF PER-'.-AIIT7EE 379 kNood Lane. Peconic, NY '11958-1729 CONTACT PERSON FOR PERMITTED VIORK FELEPHONE NIUNIBER Simon property. 3715 Main Bayview Road. Southold NMAE AND ADDRESS OF PROJ ECT FAC1.1.1TY SCTM #1000-78-2-14 'rovjr4 VIAT ERGOURSE NY111 COIC)RDINATES II Suffolk Southold West Creek DESCRIPTION OF AUTHORIZED ACTIVITY: Relocate existing dwelling to new foundation. All work must be done in accordance with the attached plans stamped NYSDEC approved, By acceptance of this Permit. the permottee agrees that the permit is contingent Upon strid comt liance with the ECL all applicable reguiations, the General Condilhons specified (see page 2 & 3) and any Special Conditions iincluded as par: of this oerrnit. PERMIT ADMINISTRATOR: ADDRESS -14 'ill aidqUarters, Bldg, #40, SUNY Jo hn _jS) Re( on 1 He j Stony Brook. NY 11790-23356 _Z:_ Z_I E z_D SIGN/AEU DATE December 'IS. 2003 Page 1 of 4 V Addendum to Plans for Renovation and Repair at 3715 Main Bavview, Southold N.Y. OBJECTIVE—to restore/refurbish existing structure. There is no intention to increase or decrease living space. The only increase would be to the headroom in the existing top dormer(6'6"to 7'6"to bring this area up to code). In the process of restoration existing violations (i.e. outside stairs)that were installed through the years will be removed. ASSESSMENT—to expose all walls from the interior by removing interior layers consisting of wood lath and plaster, plywood,homesote,wainscot,paneling and sheetrock,keeping intact the exterior parameter of the building which appears to be structurally sound. Respectfully submitted, Robert K. Simon �1 ..,."" o�S�fFO���, Office Location: �. OG Mailing Address: Town Annex/First Floor,North Fork Bank y Z 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 October 1, 2007 Mr. Robert K. Simon 379 Wood Lane Peconic, NY 11958 Re: ZBA File 6076 — Setback Variance Dear Mr. Smith: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its September 27, 2007 Meeting regarding the above appeal application. Although our department submitted a copy of the enclosed variance determination to the Building Department today, the Building Inspector will continue technical reviews once a complete application has been accepted. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision to: Building Department i a WINDOW SCHEDULE MODEL NUMBER WINDOW TYPE CLEAR OPENING GLASS AREA �— TW 3046(E) TILT WASH S.70 Sa FT. 10.31 Sa FT. „q?a' —Y- .. _____ --_... - ------•• •-- _ CW135-2 CASEMENT 5.1 SQ,FT. 6.0 SQ FT. ALL WINDOWS TO BE ANDERSEN HIGH PERFORMANCE OR APPROVAL EQUAL f---------- ' py ALL UNITS TO COMPLY WITH NY STATE RESIDENTIAL BUILDING CODE; SECTION 1609.1 A AND R. 16096.5. - (E) - MEETS NY STATE EGRESS REQUIREMENTS CLIMATE AND GEOGRAPHIC AND DESIGN CRITERIA --`-`- --- -- -- SEVERE WEATHERING TO" FROST LINE DEPTH MODERATE TO HEAVY TERMITES LIGHT TO MODERATE DECAY 11 DEGREE -WINTER DESIGN TEMP - - - _ -- ICE SHIELD UNDERLAYMENT REQUIRED T-- -- -- - -- - - - -_ (AS PER MANUFACTURERSPECIFICATIONS AND N.YSTATE CODE) L- - OCCUPANCY CLASSIFICATION- R3 RESIDENTIAL-SECTION 310 NY STATE BUILDING CODE ...-------- .. .. . .__ ; DWELLING UNIT-SECTION 310-310.2 HEIGHT 246" i FIRE AREA 780 FIRST FLOOR 380 SECOND FLOOR --= i---- - - WOOD FRAME CONSTRUCTION -- PRESCRIPTIVE DESIGN - 1995 HIGH WIND EDITION ENERGY CALCULATIONS ATTACHED -PEA • m X _r� l � ROBERT SIMON RESIDENCE i MAIN BAYVIEW -" SOUTHOLD,NY ELEVATIONS SCALE'h"=1'0" DATE:9/1 S/06 EILEEN WINGATE PAGE: 460 BOOTH ROAD SOUTHOLD,NY 11971 1 OF 3 631.765.2743 -` RANSACTIONAAL DISCLOSUR 4 APPLI�� ,ALE TO ' Fntfi 'rij„; _ OWNER, CONTRACT VE NDdz AND AGENT: The Town of Southold's Co de 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. (Last name, first name, middle initial, unless other entity, you are applying in the name of someone else or such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: 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? "Relatmnshin" includes by blood, marriage or business interest. `Business interest" means a business including a partnership, in which the Town officer or em to ee has even a partial ownership of or ein to ment b a co oration in which the Town officer or..employee owns more than 5% off shared_^__ _ _ _ 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 that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 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 12— day of Ar. 2oo -7 Signature: Print Name: a 14-16 4(419%--Text 12 ® � PROJECT LD_NUMBER 617.20 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ,PART [—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME p p _ R.i . Jr/1'�1� '`J NOtpSEE RF_P 1/2_ — HOOF IIEPA-1k 3. PROJECT LOCATION: C Municipality .�® TveOL—f 4. PRECISE LOCATION(Street address and road Intersecticns,prominent landmarks,etc.,or provide map) •y. AIE0iA. Zu-ee5.6-r-7; Bo f,/ &4)4TE a s 5. IS PROPOSED ACTION: r� ❑New ®Expansion less Modiflcallosdalteratlon 6_ DESCRIBE PROJECT BRIEFLY: l?oa_t s F /�'DO r✓ 7,)C.> '.o 1 CA_ Coate) �O®i 7. AMOUNT OF LAND�AFFECTED, Initially /Y 99 w4c acres Ultimately A/yAl acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER DUSTING LAND USE RESTRICTIONS? Yes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? AResidential O Industrial u Commerclal O Agdculture ❑ftdd wwUOpen space O other Describec 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW'OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? 2§Yes ❑No If M.list agency(s)and perrttll14Womb 11. �1DOES ANY ASPECT OF THE ACTION HAVE A CURIMMY VAUD PERMIT OR APPROVAL? IRYes O No It yes,list agency name and permitlappro»1 -rf wAl ?',ems rec-I 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMrr/APPROVAL REOUIRE MODIFICATION? ❑Yes ONO 1 CERTIFY NFORMATION PROVID At30VE IS TRW TO THE BEST OF MY KNOWLEDGE Applicantisponsor name Aa /� 0 7 Signature: 'Z6 Z,2-7- K. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER { 47, -7a bj� BRIEF MSTORY(SYNAPSIS)OF 371511RAIN BAYVIEW,SOUTOOLD,NY b CIRCA 1930 House constructed—pre C of O—with succeeding years maintained as a one family,two story residence front house with scallop shucking shack in rear,and garage/shop in middle of property. 1985 Buildings begin to fall into disrepair. 1985-2000 Buildings continue to decline with several owners and occupants. OCTOBER 2000 I enter into contract with mortgage holder to purchase APRIL 2000 Foreclosure sale held on steps of Town Hall which I purchased from successful bidder(Timothy Coffey) mortgage holder. MARCH 2O03 Plans submitted to Building Dept to renovate house and relocate it back 35 additional feet and attach it to the garage-verbal approval by building department pending approval by Board of Health. JANUARY 2004 Denied by Board of Health because there is no C of O on building. MARCH 2O05 Applied to Building Department for pre-existing C of O. Denied because the house has pre-existing violations(outside stairway and substandard plumbing). MAY 2005 Engineer certifies existing septic system. AUGUST 2005 Reapplied to Board of Health and denied must have C of O establishing number of bedrooms so septic system can be determined as adequate. Denied after 9 months of waiting—must have C of O. JUNE 2007 New building permit submitted just to repair roof and remove existing violations and to bring building up to code—denied—building does not meet setback requirements. aE-r c o-' o AUGUST 2007 Submitting Appeal Application as directed by building Department. SOUTy� ELIZABETH A. NEVILLE ,`O l® Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER Q Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER 0�� w`,��`a Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER Cow`v`f•" southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 16, 2007 RE: Zoning Appeal No. 6076 Transmitted herewith is Zoning Appeals No. 6076 of Robert K. Simon-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Transactional Disclosure Form,Notice of Disapproval, Short Environmental Assessment Form, Brief History of the property by the owner, Elevations, Map for Setback Average of neighboring properties and a Survey prepared by John C. Ehlers; Licensed Land Surveyor. ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 08/16/07 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RE-CEIVED 6076 Simon, Robert K. 773 $150.00 A u 1 t;, 22007 Saa�t!zr�!�s° TOW" Clerk TOTAL $150.00 Town Of Southold l P0 Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/16/07 Receipt#: 773 Transaction(s): Reference Subtotal 1 1 Application Fees 6076 $150 00 Check# 773 Total Paid: $150 00 Name: Simon, Robert K 379 Wood Lane Peconic, NY 11958 Clerk ID: MICHELLE Internal ID 6076 1 , FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 24, 2007 TO: Robert K. Simon 3715 Main Bayview Road Southold,NY 11971 Please take notice that your application dated June 7, 2007 For permit to construct second story additions and alterations to an existing single family dwelling at Location of property: 3715 Main BMiew Road, Southold,NY County Tax Map No. 1000 - Section 78 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, on a non-conforming 39,583 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-122,which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing�a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings_" The existing single family dwelling notes an existing front yard setback of 27 feet,which will be maintained with the second story additions/alterations. Therefore, the proposed construction is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. This Notice of DisaDDroval is based on a survey last amended 02/28/03 by John T. Metzger LS a Tans dated b o t Levine PE. ut ature Note to Applicant: Any c a the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. e i 5URYEY OF PROPERTY 51TUATF: 5OUTHOLD N TOWN: 5OUTHOLD 5UFF0LK COUNTY, W W E SURVEYED 05-06-02, �\ contours added 08-12-02 coutour5 revl5ed per fill S added 02-28-03 SUFFOLK GOUNTY TAX u 1000-18-2-14 Q S 2, q ko°w ClEltP7C[F!®7C®: o c 6 SO ROBEIlPT YL SI MON o� "l/�: COMMONWEALTH LAND g;Qv ase '1 fn E INSUJRANCE CONPANY ab� �9 an oreQ �� a �-�F m / oJyo:^at ' O I 0 `o F'+ 00 � ou o.� QDO el='IS 1 //O� J h k 1 ro' !I a \\ ® y � ai�ni srb I \o 06'E pr vo I �®�6. NOTES s? Q9 3 MONUMENT FOUND p PIPE FOUND O'NEW),o AREA = 39,585 5F OR 0 cl l AGRES ��i PY•' ? THE EXI5TENGE OF GE55POOL5 UNDER GONGRETE GOVER5 15 NOT VERIFIED 5� IMPROVEMENTS SHOWN HEREON ARE LOCATED WITHIN FLOOD ZONE AE 8 A5 SHOWN ON FEMA FIRM 56105GO166 G F o 5 ELEVATIONS REFERENCE NC6VD'29 edo'�•o„o a.�.'�wo�� NO ay up un ryro canny JOHN Ca EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y S LIC NO 50202 GRAPHIC, SCALE 1"= 40' ea^;° o RIVERHEAD,NY 11901 369-8288 Fax 369-8287 REF.\\Hp server\d\PROS\02-169c pro � 1 APPEALS BOARD MEMBERa5-J : Mailing Address: James Dinizio, Jr., Chairman O���F SOUryOI Southold Town Hall ti O 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Ruth D. Oliva Office Location: Michael A. Simon �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman yCOUNTY,Nc 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765.1809•Fax(631)765-9064 August 16, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6076 (Simon) Action Requested: Front Yard Setback Variance Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures it ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK - In the Matter of the Application of AFFIDAVIT OF (Name of Applicants) II INGS CTM Parcel #1000- 78 z _ '. X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,�ot3E.a r K :5~-4-/ residing at_ 37Q k.1®o0 4,4,0jjg P42-CaAu-c , New York, being duly sworn, depose and say that: On the Oday of At Qst a Do 7 , I personally mailed at the United Stales Post Office in ��e�N! New York by CERTIFIED MAIL, RETURN REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed RECEIPT to current owners shown on the current assessment roll verified from the official records on file with the 0()Assessors, or( ) County Real Property Offic , for every Property which abuts and is across a public or pnv�,ce street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this day of , 2007 �uSAN,;.NAGY Notary Public State of New York No.4896735 Qualified in Suffolk County Commission Expires May 20-� (No ry P li PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the 9 40CA L I S Nh (I �-a- _S` e tr RDA SLR /-- Ov 7 o�oZ LF-10 '061 S• /�•'�. l j9?' 37 5ou����7 y 1 J �• ZONING BOARD OF APPEALS TOWN OF SOUTHOLD., NEW YORK ---------------------------------------- In the Matter of the Application of AFFIDAVIT OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified aaJs. 1000---78------2-----/-!-------------- COUNTY OF SUFFOLK) X STATE OF NEW YORK) I, o ��T k oflanla re/ residing at `� WOO,) 444/c PE��ae , New York, being duly sworn, depose and say that: 2� On the .3 day of SFr7- 007 I personally placed the Town's official Poster, with the date of hearing and nature of'- 'my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way(driveway entrance)— facing the street or facirtg each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be �Sc-_i}°i � '3 a oC)� (Si tore) Sworn to before me this �Z�`day of S�rr-�:•1,3�, 2007 ANNA GONZALEZ NOTARY PUBLIC,State of New York (Notary Public No.01GO5064202 Suffolk County Term Expires August 12, HJW -- 2-01 o *near the entrance or driveway entrance of my property, as the area most visible to passer sby sby ZONING BOARD OF APPEAL-- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold Cwebsite: http://southtown.northfork.net August , 2007 Re: Town Code Chapter 55 — Public Notices for Thursday, September 13, 2007 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 Times Review newspaper. 1) Before August 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 Town Assessors' Office located at Southold Town Hall, 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 August 20th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. 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 September 3rd: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no 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 available for the additional front yard. Please deliver your Affidavit of Posting during the meeting (or to the office prior to 9/13). If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. Null , err H -iARIN0, The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : FAM E : SIMON , R. #6076 PIAP # 0E 78=2= 14 APPEAL : Front Yard Setback Variance FEQUESTsm 2nd Story Add itions/Alterations DATE : THURSDAY, SEPT . 13 , 12m. 15 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 'ONING BOARD -TOWN OF SOUTHOLD 765= 1809 ^ ' -- - ' ------ -- l 'rTvt I ice+ , 1 ���.� r �b ,• 'tom -�} � .. ,�4 b K`'.�;� . rj fo >! NNNNr 11 yes,