HomeMy WebLinkAbout6139 a
APPEALS BOARD MEMBERS - �QF soy ti Mailing Address:
Gerard P. Goehringer, Chairman �p`� r�lO Southold Town Hall
53095 Main Road•P.O. Box 1179
Ruth D. Oliva Southold,NY 11971-0959
James Dinizio,Jr. G • Q Office Location:
Michael A. Simon 'O Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman �ycoulm,� 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD RECEIVED
Tel. (631)765-1809•Fax(631)765-9064 I
APR 2 1 M08
FINDINGS, DELIBERATIONS AND DETERMINATION - Q
APRIL 10, 2008
Soap i®Id T®wit C er
ZB File# 6139—Robert F. Friemann
Property Location: Pine Tree Road, Cutchogue CTM 104-3-8
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property
under consideration in this application and determines that this review falls under
the Type II category of the State's List of Actions, without further steps under
SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and
the Suffolk County Department of Planning issued its reply dated March 11, 2008
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 CHAPTER 268: The architect offered testimony at the hearing and stated
that on the water side of the dwelling approximately 75% of the existing foundation
will remain with the existing garage converted into living space as part of the
existing dwelling. A new attached garage will be constructed at the front (southerly
side) of the home with a vehicle entrance from the north. An action of consistency is
issued under Code Chapter 268 under Policy 5 and Policy 6 and relevant Standards,
as submitted to the Board of Appeals in this review. The applicant has confirmed
with this project plans to increase the setback of the sanitary system farther from
the shoreline, a drainage system of drywells to capture and recharge roof runoff from
the building construction areas, and similarly noted consistencies with the LWRP
Policies 3, 5 and 6; see Determination of Consistency issued under Town of Southold
Wetland Permit#6801.
PROPERTY FACTS/DESCRIPTION The applicant's property consists of
31,972 square feet (metes and bounds) with 127.70 feet of frontage along Pine Tree
Road. The property is improved with a one-story dwelling as shown on the 10-29-
2006 survey prepared by John C. Ehlers, Land Surveyor.
BASIS OF APPLICATION: Request for Variances under Sections 280-116B and
280-124, based on the Building Inspector's November 19, 2007 Notice of Disapproval
Page 2—April 10, 200E
ZBA#6139—Robert Friemann
CTM 104-3-8
concerning proposed partial demolition of an existing dwelling, alterations, and
additions to the dwelling, at less than the code-required minimum of 15 feet on a
single side yard and less than 75 feet from bulkhead/retaining wall, adjacent to the
shoreline of Little Creek.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on March 27,
2008 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: Applicants are requesting the partial
demolition of the existing dwelling, to allow for new construction as alterations and
additions, at 12 feet from the side yard where the code requires 15 feet as a
minimum setback on this side yard, and at 23 feet to the bulkhead from a proposed
new deck with entry steps.
ADDITIONAL INFORMATION: More specifically, the extent of relief that is being
requested will include additions and alterations to the existing structure, demolition
of the existing roof structure, removal of interior walls as shown on plans,
construction of new interior walls, alterations to exterior walls with new windows
and doors, sheathing, siding. Also requested are first-floor additions and a new
second floor, utilizing the three walls of the existing sitting room and new
foundation walls constructed as shown on the foundation plan, except that there will
be foundation walls remaining in place, and new exterior wall sill plates to be
removed and replaced. Also proposed is an open deck addition on the easterly side of
the dwelling.
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)(b)(3)(1). Grant of the variances will not produce an
undesirable change in the character of the neighborhood or a detriment to nearby
properties because:
a. The existing home has been in this location for more than 60 years;
b. Most of the existing foundation will be utilized;
c. The additions and alterations will not create any impact on the immediate
adjacent properties or neighborhood;
d. A drainage system of drywells on the landward side of the home will
capture and recharge roof runoff from the building and related construction
activities.
e. The proposed one-story deck will remain open and unroofed, which will not
be visible from the street.
Page 3—April 10, 2008
ZBA#6139—Robert Friemann
CTM 104-3-8
2. Town Law §267-b(3)0(2). The benefit sought by the applicant cannot be
achieved by some method, feasible for the applicant to pursue, other than an area
variance. . A total demolition of the foundation, and entire home, would cause a
greater disturbance to the site than the 75% reconstruction of the home with
alterations in the nonconforming setback location on existing foundation areas.
3. Town Law §267-b(3)(b)(3). The variance requested in this application is not
substantial, based upon the size of the parcel and the environmental factors to
replace a substantial portion of their existing home. This single side yard variance
meets 80% of the code requirements. The relief requested for the setback to the
bulkhead is substantial, however, for the requested unroofed deck addition.
4. Town Law §267-b(3)(b)(5). The difficulty has not been self created. The home
was placed in this location prior to the current regulations.
5. Town Law §267-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. There is sufficient land available
to construct a home at the minimum code-required 75'. However, the environmental
agent submitted testimony to indicate that 75% will be in place in kind construction
of the first-story of the home. The additional 25% of new construction and the
second-story construction will not compromise the character of the neighborhood,
nor will it impact either the physical or environmental characteristics of the
waterfront on this parcel or the parcels on either side of the subject property.
6. Grant of the requested relief is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of the additions and alterations, while
utilizing a major portion of the existing dwelling, and 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 Chairman Goehringer, seconded by Member Simon, and duly carried, to
A) Deny the variance as applied for concerning the setback from the
proposed deck to the bulkhead, and to GRANT Alternative Relief, reducing a
section for the proposed deck at a minimum 24 feet (instead of 23 feet noted
on the survey dated 2-10-2008, and instead of 22 feet noted on the Building
Inspector's Notice of Disapproval); and to
B) GRANT the remaining requests under this application, as shown on the
map A-2b with ZBA date stamped Feb. 25, 2008, EX-1 dated Jan. 31, 2008, A-
1 dated January 24, 2008, and A-2 dated January 24, 2008, all prepared by
Mark K. Schwartz, A.I.A., and the survey (with red notations) date-stamped
by ZBA Feb. 12, 2008, prepared by John C. Ehlers, Land Surveyor;
Page 4—April 10, 200E
ZBA#6139—Robert Friemann
CTM 104-3-8
SUBJECT to the following Conditions (based on Board Member
discussions and statements made during the hearing by the
applicant's environmental agent that the following improvements
would be made on the site and as permitted by environmental
agencies)
1. Replacement of the existing retaining wall (with increased height
as permitted by environmental agencies);
2. Non-turf buffer between the foundation (on waterfront side) and
the retaining wall to be maintained at all times;
3. New deck will be completely constructed of environmentally
sensitive wood. No ACQ or other types of treated lumber will be
permitted to be used on the waterfront side of the dwelling;
4. The exception of condition#3 is any type of material for the
reconstruction/replacement of the retaining wall that is approved
by NYS DEC;
5. All storm water roof runoff will be diverted into dry wells that will
be located on the landward sides of the dwelling.
The above conditions shall be written into the Building Inspector's Certificate of
Occupancy, when issued.
Any deviation from the variance given such as extensions, or demolitions which are
not shown on the applicant's diagrams or survey site maps, are not authorized under
this application when involving nonconformities under the zoning code. This action
does not authorize or condone any current or future use, setback or other feature of
the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in
nature for an alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Goehrin Chairman), Simon and Weisman.
Member Dinizio and Member Oliva w a sent. his R on was duly adopted
(3-0-2).
Ger P. Goehringer, Chairman l,T/2008
proved for Filing
REVISIONS
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SCALE: 1/8"=P-0" j
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I RCEDAR"�"„ SEE DECISION # a
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pATEI _ �_� E m u
NORTH ELEVATION L-
SCALE: 1/8"= V-0"
DRAWN: MH/MS
SCALE: 1/8"=V-0"
JOB#:
January 24, 2009
SHEET NUMBER:
GEC C��OM�D
FEB ^�nj
Am2
OARD OF APPEALS
REVISIONS
CZ)
Ny
(ABOVE)
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f_ ,lQ7_j-T-9
------ Z, Q, SHOWER1 X I
FIRE-RATED
DOOR W/S C"HINGES
j STEEL JAMB
-4 4'-0 1�' �-j 314"
IC,10 114' 14'TJTGAn W0001 Fj Al A'Of
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PULL DOWN
STAIR
.......... L 'T
'ALTERNATIVE ""G'T'er' BUILD WALL TO IM61
ABOVE HEADER
COLUMN ABOVE
u PLATE HEIGHT AT-r-O" EXISTING WALLS[AT V-0")TO BE BUILT ........................
UP TO MATCH NEW PLATE NEW T_
(PROVIDE PRICE ALTERNATIVE OF REPLACING WALLS WITH NEW A�N
"I AS OPTION TO OWNER) 1 FLOOR PITCH • 6
PROJECT NORTH 1ST. FLOOR PLAN
EXTERIOR WALLS TO U FRAMED WITH 2.6 Dr-2 STUDS AT IV D.C..
6 SCALE: 1/8"= l'-O' 3)�LYTERICA SHEATHING TO BE 51r THICK FIR COX PLYWOOD
4)DOUBLE UP FLOOR JOISTS UNDER PARALLEL WALLS ABOVE PROVIDE:
BLOCKING AT r-CEQ C AND MIDSPAN,
TOTAL LIVING SPACE:2507.9 SO.FT. Sl PROVIDE 3-2XID READERS OVER ALL OPENINGS UNLESS
HE .2 OTHERWISE NOTED OPENINGS OVER 3 FT TO HAVE 2 JACKSTUD5
(EXISTING: 1306.4,NEW:1201.4) ON EACH SIDE CFOPEHING PROVIDE 3 JACK STUDS ON EACH SIDE FOR MI
rROLAM READERS.STEEL BE TO BE SUPPORTED WIT"TUBE GARME >_
STEEL POST tSEF FLOOR PLANT fi�TO BE GEED LY FASTENED IN fATHED4& cr
PLACE WITH PLATES AND RDLTS TO STEEL BEAMS ALL STRUCTURAL
TOTAL GARAGE SPACE:739 SO. FT. FLUSH HEADER TO BE SUPPORTED WITH 2 Ot PARALLAMS UNLESS OTHIER- CEILING z
WISE NOTED
(EXISTING:449.3-CONVERT TO LVG.SP.)
6)ALL HAVE UPGRADES WHE RE Z
AIILEJX(TAERFUM)RPROOPEVINII)WEGDSFTRCI-IROTECTION PANELS WITH FASTENING
HARDWARE UNLESS OPENINGS HAVE IMPACT GLA21NG
7)REVIEW FLOOR PLAN FDA STUD MULLS AND TEMPERED GLASS
9).INSULATE NEW AND EXISTING FLOOR WTER R30 INSUALTION,
INSULATE ALL EXTERIOR AND INTERIOR WALLS.2X6 WALLS AT R1.1
AND 2X4 WALLS AT PIS. Lc)
10).P49AATE CEILINGS WITH R30 INSULATION. U
11)ALL WADS AND CEM-IN6S TORE PROVIDED WITH 5�SREETROCK
�T�O�AM"UNDWRO�TDMVEt4OlMP.E-PESISTANT cv
SHECTFOCR GARAGE TO"AVE TYPE-X FIRE-RATED SHECTRoCk,
FLOOR PITCH
........... ...........
INSTALL
N- L 3,DEC,"-.0,,
TRENCH GRAIN
RDWWCT TO DRYWELL)
'-4 3/4' 11-1 314"
DRAWN: MH MS
SCALE: 1/9"=V-O"
JOB#:
January 24, 2009
SHEET NUMBER:
FES 12 A
Ell- -I
BOARD OF APPEALS
REVISIONS
4f
S/4"
31-03/4" V-0- V-0- T-O 1/4' 12'-2 1/2" 13-1" 9'-6" 2-6- 4'-4 1/4 4*-4.1/4'
-4
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.................................... -----------------------------------------------------
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POST POST HEIGHT
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CAIVEDRAL In
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INSTALL ATTIC FAN
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IDEATION
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WALL To TO RIDGE
RIDGE
11 SEE FLOOR PLAN FOR PLATE HEIGHTS.CFEILING R[IHT AT g'-O"
UNLESS OTHERWISE NOTED
2)EXTERIOR WALLS TO BE FRAMED WITH 12X6 DF-2 SJOS AT 14"0 C
3)EXTERIOR SHEATHING To BE 5/r'THICW FIR COX PYWODD
4)PROVIDE 3-2Uf ar02 HEADERS OVER AALL DPEKINS UNLESS
07 ERWISE NOT
ALL OPENIN65 OVERR 3 FT To AVE 2 TACK STUDS
ONTACH SIDE OF OPENING PWVIDE 3 JTACH STUDON EACH SIDE FOR ........ ------ •
-
MICOOLAM READERS
5).ALL EXTERIOR OPENM5 To HAVE DESIRGN-PRESSIr UPGRADES WHERE
APPLICABLE.PROVIX. DEBRI-PACTECTIION PANEL WITH FASTENING
HARDWARE UNLESS O-ENINGS HAVE IMP/ACT 6LA231 En
PROJECT NORTH 2ND. FLOOR PLAN 61 SUFLOOR PLAN FOR STUD MULLS
SCALE: 1/8" V-0'
7)INSULATE FLOOR WTTH RID INSUALTIDA4
NI-INSULATE ALL EXTERIOR AND INTERIOR WALLS 96 WALLS AT RIq 0 C3
AND 2X4 WALLS AT R13 0
`Q INSULATE CEILINGS WITH RM INSUR ATIIGN ALL ATHEDAAL I T11 I
SECTION'TO BF PROVIDED WITH A L"A)IR 5FACBETWEEN Floor
SHEATHING AND INSULATION ALSO PR(AVILE 1-12"THICK EDAM
INSULATION I'_o,FR OM EXTERIOR WALIL PLATE 4TO.43USE ON
CATHEDRAL Ro()F PARTS
DECKS: 106.2 SO.FT.
ALL WALLS AND CEILINGS TOR PRGV]InFD�M 5APSHFET ROCK
LIVING SPACE: 1387.3 SO. F
RAT14ROOH WALLS AND CEILING To BE NIGUM-RESISTANT. I
C 0
Ill INSTALL SMOKE DETECTORS.AS SNDWW EXIT LOCATIONS TO BE
VERIFIED IN FIELD INSTALL!MIN)11)1C.DEECTOR IN ADDITION
To SMOKE DETEC CHAS DETECTORS Tol BE 1AD-WIRED WITH I C3 BATTERY BACK UP
E
l3.)11-7/rIML HEADER
2G'-q 1/2"
DRAWN: MH MS
SCALE: 1/9"=11-0"
JOB#:
January 24, 2009
SHEET NUMBER:
IER 12
Avm4
L BOARD OF APPEALS ,,.
SURVEY OF LOTS 6 AND q
"MAP OF NASSAU FARMS II N
FILED MARCH 28, Ig55 FILE No. 117q W s E
51TU.AsTE: PEGONIG
TONN: SOUTHOLD -17
5UFFOLK COUNT (, NY S
5URVEYED 10-2a-2006 DWELLING
TOPO 08-21-2007, 10-12-2007 PUBL I G WATER
TELY
11-10-2007, 12-12-2007, 02-10-2008
SUFFOLK COUNTY TAX # Lot I O 12-FOOT CONTOUR EQUAL5 LIMIT OF AREA T AN O BE FILLED WITH LY AP5,126 5 .
60 G.Y.GLEAN 5 TO AND
PLANTED 1'•,5HE NATIVE VE APPROXIMATE TI 3,126 S.F.
1000 - 104 - 3 - 8 NONTURF BUFFER
�: 282.85' x W
CERITFEED N87°O1 20 E zI _
RGIB]E11nT IF.]FPJEIy4 NN PROp05ED 5EPTIG 5Y5TEM TO CON515T OF 1 IGOO GALLON STAKED HAYBALRI AHD N5TRJ PROJECT
SEPTIC TANK AND TWO V DIA.,b' DEEP GE`-
"")POOLS LIMITING FENCE DURING GONSTFuIGT,ON �I O
Test Hole -
McDonald _ _ -0
69osclence >VQ1
EL=15' a/la/OT U v LINE OF EVERGREENS O p �15��= III 5� < U-
I �I
1' -- Brown San Loam OL uIl Q 70 rn
/ ON
Ep S.T. �� tnX
b' - - It
Brown 511ty sand 5M �Jo O EP� / pROPOSED Gp ° 2 T� 35 y •
Brown sandy 511t ML tJ► SEPTIC � ADDITI O I - f odd
-►' - - rpm / - Z -
Pale Brown Fine �exi5tincj well Lot / Z 26' L� fJ A rnz3I Z -
O Q l0
to medium Sand SP to be abandoned -
-oned G - - `-
�70�
O 1 j, 4q 1y1�pI 2�
\ eX Sting �eptic I rn� e.o' O xI 2 a' ram➢ yr
Water in Pale Brown Fine _ - gbGndoned lJ rnrn- A
to medium Sand 5P - - - - - - - - - - - - - - - - - -
I"I' —
PROPosED IMPERVIous DRIVEWAY � � �0 � \ mZ� 5� z
r - - - - - - - - - - - - - - - - - - � �F� Ir
SITE E DATA' W "�P� ,t t e� °' rn - e' r�i I j r 013�
D�rI�F AREA: I.vrow»,� - cy. ��y�y, hol Cf--y-J•I tp _ �n rn , 1
LOT EXCLUDING BEACH 6 WETLAND �Ro TER �e J I bto __ __ �- W V 5 '� N ` r rn p 1- � 'P
AREA SEAWARD RETAINING MALL 27,646 S.F. - SERVICE
- �
EXISTING HOUSE: 1754.4 S.F. 6.3% �6 ot rea ved z lo,
�y = 1
EXISTING SHED: 64 S.F. 0.3% � ® i \ 35.5
EXISTING PATIOS,STDOPS.SIDEKALKS: 352 S.F. 1.3% 1.1
TOTAL EXISTING LOT COVERAGE: 2.170.4 S.F 7.9% Orj12n GAR
PROPOSED AUDITIONS: 1305.6 S.F. 4.7X Or ARA6E ✓E �-p+.' �41 gO I •� \\ dC4,
1470 S.F. 5.3% .n _ 22' y \
ADDITIONAL LOT COVERAGE: 2,775.6 S.F. 10% rL \ \ \ '
EXISTING AND PROPOSED 4.946 S.F. 17.95 �Cn 6 142— —
— —I — — \ N GREMOVAL OT1G. \
I
EXISTING PORCHES STOOPS.SIDEWALKS: 252 S.F. -1.31 — — — \ /1�'I •7Q
% T -64 S.F. -0.3'1 R' conc. lab 251 1 \ I
TOTAL LOT COVERAGE: _ 4,530 S.F. 16.3z ['�070���`'i,o11 W to be re\Ved I O� \ \
FLAG
z
EXISTING 3 BEDROOM HOUSE TO
BE 4 BEDROOM HOUSE
o \
NOTES: DWELLING
�
• � Lot 55 WELL IN BASEMENT
MONUMENT FOUND
DWELLING
o PIPE FOUND IG TE RPU
1=04«b-en,h-2,c/rn.
�• H.n rw+smr.eesca<wo�+.•
AREA = 31,g72 S.F. OR 0.7340 ACRE F NqL
AREA EXGLUD I NG BEACH AND WETLANDS •may�•.���.�I o,a»
SAP
5EAWARD OF RETAINING WALL = 27,646 S.F.
�����11 Lam® •e.rtnvawm wears r.r.�s n H,e n+s
TOPO REFERENCES NGVD '2q DATUM R VIEWED BY ZA& AVENUFq nr w Y .,�W �11
50UTHOLD TOWN ZONE R-40 SEE DECISION (� .� 2 , P �. H
_1c w u1r Y
Lbne Q rot troislsalN.to omltippl MtIW[Iwp
F E B 1 ^^^
EXISTING SEPTIC TO BE ABANDONED AS PER DATED
S.G.D.H.S. STANDARDS / ! CP�3 JOHN C. EHLERS LAND SURVEYOR
GRAPHIG SGALE 1"= 30' -- BOARD OF APPEALS 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202
RIVERHEAD,N.Y. 11901
369-8288 Fax 369-8287
YORM NO. 3
NOTICE OF DISAPPROVAL
DA71 : November 19, 2007
TO: Patricia Friemann
194 E. Shore Road
Huntington,NY 11743 [�E,
Please take notice that your application dated November 8, 2007 FEB
1 2
For permit for additions and alterations to an existin sin le famil d ellin�at 3
BOARD OF APPEALS
Location of property: 2935 Pine Tree Road, Cutehogue
County Tax Map No. 1000 - Section 104 Block 3 Lot 8
Is returned herewith and disapproved on the following grounds:
The proposed additions and alterations, on this nonconforming 31,972 square foot lot in the
Residential R-40 District is not permitted pursuant to Article XXIII Section 2 0-124N ° ich states that
non-conforming lots, measuring between 20,000 and-3 9,999 square feet in-ter W-size;•,reauire_a
zninimum single side yard setback of 15 feet.
Followhia the proposed additions and alterations the dweilin will have sirs lie Yard)setback of+/- 12
feet. .
In addition the Proposed construction is not permitted pursuant to Article XXII Section 280-116 B.
which states:
".All buildings located on lots upon which a bulkhead, concrete wall., riprap or similar structure
exists and which are adjacent to tidal water bodies other than sounds shall beset back not less
than seventy-five (75) feet from the bulkhead."
The proposed construction notes a proposed setback of 22 feet from the retaining wall at it closest
This Notice of Disapproval was based on a survey by John Ehlers, LS, last dated 10/12/07
Zze ign tune
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.
ECOVED
' 050����ffice ss g ed/ g
Fee: $� nly
Filed By: (iQ ate Assigned/Assignment ned/Assi nment No.
Office F E 8 1 2 2008
Notes:
MARD OF S
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Location: House No.2935 Street PINE TREE ROAD Hamlet CUTCHOGUE
SCTM 1000 Section 104 Block 3 Lot(s) 8 Lot Size31,972 S.F. Zone DistrictR-40
1 (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: NOVEMBER 19,2007
Owner as Applicant:ROBERT FRIEMANN
Mailing
Address:194 EAT SHORE ROAD,HUNTINGTON BAY,NY 11743
Telephone:631-425-4858 Fax:
NOTE:If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative :EN-CONSULTANTS,INC
Address:1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968
Telephone:631-283-6360 Fax: 631-283-6136
Please specify who you wish correspondence to be mailed to, from the above listed names:
❑Applicant/Owner(s) N Authorized Representative ❑Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 11-19-07
FOR:
N 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 and paragraph
of Zoning Ordinance by numbers. Do not quote the code.
Article XXIII Section 200- 124 Subsection B
Article XXII Section 280- 116 Subsection B
Type of Appeal. An Appeal is made for:
N 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 N has not been made with respect to this property UNDER Appeal
No. Year
Page 2
Owner:ROBERT FRIEMANN
REASONS FOR APPEAL (additional sheets may be used with applicant'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:
See attached.
(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 relief from Article XXIII Section 280-124B is sought for a landward extension of the side of the existing dwelling that
is presently set back 12 feet and thus already a nonconforming distance from the southerly property line;and b)because
relief from Article XXII Section 280-116B would be required for any expansion whatsoever of the existing dwelling
because the entire preexisting dwelling is located less than 75 feet from the retaining wall.
(3)The amount of relief requested is not substantial because:
a)The relief sought from Article XXIII Section 280-124B is limited to 3 feet or 20%relief from the required 15-foot
side-yard setback and will not encroach further upon the preexisting setback of 12 feet.
b)The relief sought from Article XXII Section 280-116B is mathematically substantial(approximately 53 feet or 70%
relief),but the relief sought is not substantial relative to the location of the preexisting structure. Specifically,the existing
house is set back approximately 34 feet from the retaining wall,and the nearest corner of the nearest proposed addition is
set back 36 feet from the retaining wall. No portions of the proposed additions encroach further upon the preexisting
setback. The proposed deck is located a maximum of 11 feet closer to or a minimum of 23 feet(+22 feet according to the
Notice of Disapproval)from the retaining wall.
(4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
See attached.
(5)Has the alleged difficulty been self-created?()Yes, or(>ONo.
The need for variance relief is not self-created because the entire dwelling,which pre-dates current zoning laws,is situated
in a nonconforming location with respect to the setbacks from which relief is requested. Thus,any expansion to the
dwelling whatsoever would necessitate variance relief.
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()IF A USE VARIANCE IS BEING REQUESTED,AND PL ASE COMPLETE THE ATTACHED USE VARIANCE
SHEET:(Please be sure to consult your attorney.)
Signature o Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this 6th ROBERT E.HERRMANN
day Fe 2008 COASTAL MANAGEMENT SPECIALIST
YP C
NUdN.S'I M14
NdaryP S-SweAWYA
Coc�SiosNa�115911
QuallisdUiSuNalkCansry
Coramissios Espfros�igust2,,�
ROBERI rRIEMANN-AREA VARIANCE RP_AaONS
1. a) The relief sought from Article XXIII Section 280-124 is required only to expand the dwelling toward
the road along the same side-yard setback as already preexists, and this expansion will occur not adjacent
to the dwelling on the neighboring property but rather along what is in effect the neighboring property's
reverse-flag access to Little Creek. Moreover, an attached concrete patio currently occupying the same
side-yard is to be removed,thus eliminating the most presently nonconforming coverage on the affected
side of the applicant's property.
b) The relief sought from Article XXII Section 280-116B is required for an attached deck on the seaward
side of the dwelling and for the proposed additions because the entire dwelling is already situated less
than 75 feet from the retaining wall, which has been present since the property was developed in 1962.
Therefore, with the exception of the waterfront deck, which is a common appurtenance in this waterfront
community,the proposed house additions will create no new encroachment by the dwelling itself upon
the now required 75-foot setback from hard shoreline structures. The granting of the requested relief
will in turn,therefore, not create any change in the character of this parcel nor of the surrounding
community, which is already characterized by preexisting dwellings with waterfront decks situated more
closely to the shoreline than would be allowed under today's zoning laws. It should also be noted that
any surrounding properties proposing expansions of dwellings with preexisting nonconforming setbacks
from the shoreline but not improved with hard shoreline structures would not require variance relief such
as that requested herein. Therefore, neither the granting or denial of the requested relief can control nor
influence the character of the surrounding community as would be the case if relief were being requested
from a section of the zoning code that would uniformly and thus more equitably affect all properties in
the neighborhood.
4. a) The relief sought from Article XXIII Section 280-124 relates only to the 3-foot variance from the
required 15-foot side-yard setback for the principal dwelling and has no impact whatsoever on the
physical or environmental conditions on the property or in the neighborhood.
b) The mitigation associated with the project that requires relief from Article XXII Section 280-116B
will actually result in a net improvement to the physical and environmental conditions on the property
and in the neighborhood. Most significantly,the project will replace the entire existing, fertilized lawn
in the rear yard with an approximately 3,126 square-foot(nearly 10 percent of total lot area)nonturf
buffer to be planted with nonfertilizer-dependent native vegetation. It will also replace the preexisting
nonconforming sanitary system with a Suffolk County Department of Health Services-conforming
sanitary system located farther from the shoreline. Moreover,the project will not only implement a
drainage system of drywells to capture and recharge roof runoff from the renovated dwelling, it will raise
the retaining wall and flatten the grade between the dwelling and the shoreline. Consequently,the
project will result in a net reduction not only of the flow rate and volume of runoff entering Little Creek
but of the potential concentration of fertilizers, fungicides, and other chemicals contained therein. It will
also result in a net improvement in the treatment of on-site septic effluent entering the groundwater table
adjacent to Little Creek. These positive project impacts are encouraged not only by Chapter 275
(Wetlands) of the Town Code,but are also consistent with the applicable Local Waterfront
Revitalization Program(LWRP) Policies 3, 5, and 6, which seek to enhance visual quality and scenic
resources adjacent to the shoreline; protect and improve water quality; and protect the quality and
function of Town wetlands,respectively. Accordingly,the project was deemed consistent with the
LWRP by the Town Board of Trustees,who also issued Wetlands Permit No. 6801 for the project. Of
course, without the renovations, none of these environmental mitigation initiatives would be employed.
COUNTY OF SUFFOLK
qE
IPA
STEVE LEVY �� 'P LS
SUFFOLK COUNTY EXECUTIVE '
DEPARTMENT OF PLANNING THOMAS ISLES,AICP
DIRECTOR OF PLANNING
March 11, 2008
Town of Southold ZBA
53085 Main Rd.,P.O. Box 1179
Southold,NY 11971
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(s)
Notaro 6136
Ragusa 6138
Friedmann .6139
Riccio 6140
Meskouris 6142
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
• COUNTY OF SUFFOLK
CO'V
Steve Levy
SUFFOLK COUNTY EXECUTIVE
SOIL AND WATER Thomas J. McMahon
CONSERVATION DISTRICT DISTRICT MANAGER
FAX: (631) 727-3160 (631)727-2315
Gerard P. Goehringer, Chairman I
Southold Town Board of Appeals
53095 Main Road,P.O. Box 1179 MSouthold,NY 11971-0959 —9,3/2s/loosBOAR
Re: ZBA File Ref. No. 6139 (Friemann)
Dear Mr. Goehringer:
We have completed a site inspection at the property known as the Friemann project, located at 2935 Pine
Tree Road in Cutchogue as you have requested.
At this time the house is not threatened by erosion. The front roof and the rear Northeast corner do not
have gutters and downspouts installed. . It is apparent at this time that erosion is occurring in the form of
small rills from that side of the house due to the roof water runoff. There is a small extension from the
back of the house that does have gutters on both sides, however they exit onto the ground surface. All
roofed structure should have gutters and downspouts installed to direct roof water runoff. We
recommend that the runoff be directed to drywells or chambers installed below grade. The slope of the
parcel is towards Little Creek and the runoff is flowing that way. The yard surrounding the house is in a
sod lawn cover in good condition planted right to the retaining wall.
You should contact Jay Tanski at New York Sea Grant for recommendations regarding stabilization
structures before removal of the retaining wall and construction of a new rock wall. He is located at the
SUNY Campus in Stony Brook, 125 Nassau Hall phone, 632-8730. The Retaining Wall along the Creek
,is in a state of disrepair and we recommend that repairs be implemented as soon as possible by a
reputable marine contractor. Wing walls are not present on this retaining wall and are normally
recommended.
/ ly 2i
423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901
2
Landscaping debris such as cut grass and leaves should not be deposited on the beach as this will only
smother any existing vegetation. Some grasses are growing along the tide line and some in sparse areas
around the beach. It appears that approximately half of the beach is covered in leaves.
The proposed changes to the house will increase the surface area of impervious roof and decking. If all
of the roof water runoff is directed into drywells there still will remain the proposed decking. Runoff
from this area could be contained by installing a gravel base beneath the area covered by the deck with
gravel extending slightly beyond the footprint of the deck. This will help to absorb the impact of the
rainwater and aid in infiltration in place.
On the proposed plan there is a"project limiting fence" and straw-bale temporary barrier for catching
sediments during demolition and construction activities from entering the Creek. We also recommend
their use,but it should be noted that they are only effective if they are installed properly. I have sent you
our recommendations in the past for the proper way to install these practices. If you need these
recommendations again, please contact me. Placement of this erosion control practice should be along
the retaining wall since filling is proposed to be placed up to the retaining wall. The fill material that is
to be spread will take time to get reestablished with a good ground cover. It is recommended that an
erosion control practice be implemented to protect this area while it is bare. Methods for this include;
using a mulched material, an erosion control blanket or netting, or using a temporary seeding.
There is a shed located on the beach. While it appears to be safe at this time, I am sure storm level tides
can reach it and the possibility exists for it to be carried away. Consider moving it to higher ground.
Respectfully,
Paul A. TeNyenhuis, Senior Soil District Technician
MAY 22
E®ARD Ol APPEALS
423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901
New York State Departmen'_ -' Environmental Conservation
Division of Environmental Permits, Region,One
SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 -3409
Phone: (631)444-0365 • FAX: (631)444-0360
Website: www.dec.state.ny.us
LETTER OF NON-JURISDICTION
TIDAL WETLANDS ACT
Mr. and Mrs. Robert Friemann 11-01-07
194 East Shore Road
Huntington Bay, N.Y. 11743
Re: Application#1-4738-03765/00001
2935 Pine Tree Rd. E E B 1 2 ?Q08
Cutchogue, N.Y. 11935 �(Q 3
BOARD OF APPEALS
Dear Mr. and Mrs. Friemann,
Based on the information you have submitted, the Department of Environmental Conservation
has determined that the property landward of the 10 foot National Geodetic Vertical Datum
elevation contour of the referenced parcel, as shown on the survey prepared by John C. Ehlers on
10-29-06, is beyond Tidal Wetlands Act (Article 25)jurisdiction. Therefore, in accordance
with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is
required.
Be advised, no construction, sedimentation,or disturbance of any kind may take place
seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit.
It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or
other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction
which may result from your project. Such precautions may include maintaining adequate work
area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20'wide
construction area) or erecting a temporary fence, barrier, or hale bay berm.
Please note that this letter does not relieve you of the responsibili aining necessary
permits or approvals from other agencies or local municip ies.
Si er y,
John Wieland
Deputy Permit Administrator
cc:MHP,
En-Consultants, Inc.
F E B 1 2 2008
BOA" OF SOUTHOLD TOWN T. USTEES
SOUTHOLD,NEW YORK BOARD OF APPEALS
Pk�RMTT NO. 6801 DATE: JANUARY_23,2008
ISSUED TO: ROBERT FRIEMANN
PROPERTY ADDRESS: 2935 PINE TREE ROAD, CUTCHOGUE
SCTM# 104-3=8
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance,with the Resolution of the Board of Trustees adopted at the meeting held on
January 23,2008,and in consideration of application fee in the suns of$250.00 paid by Robert Priemann and
subject to the:Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees
authorizes and permits the:following:
Wetland Permit to construct a 18.37 x 10.2'one-story addition on east side of existing dwelling; a
30' x 20.1'+/-two-story addition on the north side of dwelling; a second-story addition on existing
dwelling; new two-car garage with tnudroom,porch,and deck additions to an existing one-story,one-
family dwelling; remove existing concrete patio; install a drainage system of drywells; and remove an
existing Sanitary system to be replaced with an upgraded sanitary system located a minimum of 100'
from wetlands; remove and replace(in-place) an existing timber retaining wall with a stone retaining
wall to be raised 18" to el.9.5'MSL; place approximately 60 cubic yards clean sand landward of new
retaining wall to decrease the slope between the dwelling and shoreline; and establish over same area a
23'-40' wide and approximately 3,126 square root non-turf buffer to be planted with native vegetation in
place of the existing lawn,with the condition of the removal of the shed; the decking to be non-treated
lumber with Y%inch spacing; a line of staked hay bales is installed prior to construction beginning;a non-
turf buffer is established from the retaining wall landward to the 12'contour line;the installation of
gutters,leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town
Code-Storm Water Runoff,a planting plan to be subnutted before any landscaping begins,and as
depicted on the survey prepared by John C.Ehlers Land Surveyor,last dated December 12,2007,and
received on December 20,2007.
IN WITNES'S WHEREOF, the said Board of Trustees hereby causes its Corporate:Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date,
i .
UN
�1cItz,
___ -
Z0 39dd S331smji 3[J cdvog Zb9999L 69 :60 800Z/80/Z0
TERMS AND CONDITIONS
The Perznittee Robert Friemann, residing at 194 East Shore Road.Huntington� Bay.NY 11743
as part of the consideration for the issuance of the Permit does understand and prescribe to the
following:
1. That the said Board of Trustees and the'Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation perforinc;d pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and all such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto,to the complete exclusion of the;Board of
Trustees of the Town of Southold.
2. That this Permit is valid for a period of 24 months, which is considered to be the; estimated
time required to complete the work involved,but should Circumstances warrant,request for
an extension may be made to the Board at a later date.
3. That this Permit should be retained indefinitely, or as long as the said Permitiee wishes'to
maintain the structure or project involved, to provide evidence to anyone concerned that
authorization was originally obtained.
4. That the; work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
5. That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
6. That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
7. That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation, the said Permittee will be
required,upon due notice,to remove or alter this work project herein stated without
expenses to the Town of Southold.
5. The Pennittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suti:ollc County Departinent of Real Properties Office as a notice
covenant and deed restriction to the deed of the subject parcel. Such evidence shall be
provided within ninety (90) calendar days of issuance of this permit,
9. That the said Board will be notif:icd by the Permittee of the;completion of the work
authorized.
M That the Permittee will obtain all other permits and consents that maybe required
supplemental to this permit,which may be subject to revolve upon failure to obtain same.
Za 39vd S331Sna d0 c�jv g Tb99991. 69 :50 800Z/80/Z0
James F. King,I'rea'iclen'bTown ball
Jill M. Doherty,Vice�President 63095 Route 25
P.O. Box 1179
Peggy A. Dickeraon Southold,New York 11971.0959
Dave Bergen
• y0� Telephone(631)765-1892
Bob Uho�io,Jr. � C1OUN Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
January 23, 2008
REC OVEDD
FEB 1 2 2008
Mr. Robert E. Herrmann39
EN-Consultants, Inc.
1319 North Sea Road BOARD OF APPEALS
Southampton, NY 11968
RE: ROBERT FRIEMANN
2935 PINE TREE ROAD, CUTCHOGUE
SCTM## 104-3-8
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, January 23, 2008 regarding the above matter:
WHEREAS, En-Consultant, Inc. on behalf of ROBERT FRIEMANN applied to the
Southold Town Trustees for a permit under the provisions of Chapter 275 of the
Southold Town Code, the Wetland Ordinance of the Town of Southold, application
dated December �0, 2007, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the
following Best Management Practice requirements: the removal of the shed; the decking
to be non-treated lumber with 1/2 inch spacing; a line of staked hay bales is installed
prior to construction beginning; a non-turf buffer is`,established from the retaining wall
landward to the 12' contour line; the installation of gutters, leaders and drywells to
60 39dd S3S1smji do mjvoE Z129999Z 69 :60 800Z/80/Z0
2
contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water
Runoff a planting plan to be submitted before any landscaping begins, and
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said
application on January 23, 2008, at which time all interested persons were given an
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that,for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees approve the application of ROBERT
FRIEMANN to construct a 18.3' x 10.2' one-story addition on east side of existing
dwelling; a 30' x 20.1'+/- two-story addition on the north side of dwelling; a second-story
addition on existing dwelling; new two-car garage with mudroom, porch, and deck
additions to an existing one-story, one-family dwelling; remove existing concrete patio;
install a drainage 'system of drywells; and remove an existing sanitary system to be
replaced with an upgraded sanitary system located a minimum of 100' from wetlands;
remove and replace (in-place) an existing timber retaining wall with a stone retaining
wall to be raised 18" to el. 9,5' MSL; place approximately 60 cubic yards clean sand
landward of new retaining wall to decrease the slope between the dwelling and
shoreline; and establish over same area a 23'-40' wide and approximately 3,126 square
foot non-turf buffer to be planted with native vegetation in place of the existing lawn,
with the conditions of the removal of the shed; the decking to be non-treated lumber
with 1/2 inch spacing; a line of staked hay bales is installed prior to construction
beginning; a non-turf buffer is established from the retaining wall landward to the 12'
contour line; the installation of gutters, leaders and drywells to contain roof runoff and in
accordance with Chapter 236 of the Town Code-Storm Water Runoff, a planting plan to
be submitted before any landscaping begins, and as depicted on the survey prepared
by John C. Ehlers Land Surveyor, last dated December 12, 2007, and received on
December 20, 2007_
tie 39dd S331sndi do c�jvoa Zb9999L 65:6e seez/sa/ze
Permit-to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $ 100.00
Very truly yours,
r
James F. King
President, Board of Trustees
JFK/eac
50 3Jdd S331s1J1 3o QJdoS TV9999Z 69 :60 80aZ/80/Z0
Town of Southold
LWRP,CONSISTENCY ASSESSME T FORM, 1 2 7C0�
A. INSTRUCTIONS �l 3 9
1 , A. 11 applicants for perm its' including To'w n of Southold encies sh I c CCAF for
proposed actions that are subject to the Town of Southold MIN r-1 ��s�M !� Law . This
assessm ent is intended to. supplem ent other inform ation used by a Tow n of Southold agency in
in a k i o g a d e f e r m i n a f i o n o f c o n s i s t e n c y, *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
If any question in Section C on this form is answered "yes" or "no'i, then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law, Thus, each answer must be explained in detail, listing both supporting and non-
supporting facts. 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
(south ol dtown.n orthfork.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
SCTM# 104 - 3 - 8
PROJECT NAME ROBERT FRIEMANN
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees
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:
Nature and extent of action:
Construct one-story,two-story,second-story,garage, porch,and deck additions to an existing one-story,one-family dwelling;remove
existing concrete patio; install a drainage system of drywells; and remove an existing sanitary system to be replaced with an upgraded
sanitary system located a minimum of 100 feet from wetlands.
Remove and replace(in-place)an existing timber retaining wall with a stone retaining wall to be raised 18 inches to el. 9.5'MSL;place
approximately 60 cubic yards clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline; and
establish over same area a 23'-40'wide and approximately 3,126 square-foot nonturf buffer to be planted with native vegetation in
place of the existing lawn, all as depicted on the site plan prepared by John C.Ehlers Land Surveyor, last dated December 12,2007.
Location of action: 2935 PINE TREE ROAD,CUTCHOGUE
Site acreage: 0.734
Present land use: RESIDENTIAL,ONE-FAMILY DWELLING
Present zoning classification:R-40
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: ROBERT FRIEMANN
(b) Mailing address: 194 EAT SHORE ROAD
HUNTINGOTN BAY,NY 11743
(c) Telephone number: Area Code 631-425-4858
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ElNo ® If yes, which state or federal agency?
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the forna be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
❑Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
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 ❑ Not Applicable
The project is consistent with Policy 3 insofar as it shall establish a 23-40'wide and approximately 3,126 s.f nonturf buffer between the
existing retaining wall and dwelling,which shall be planted with native vegetation and thus restore and present a more natural
appearance along the shoreline.
Attach additional sheets if necessary
NATURAL COAST POLICIES
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
Attach additional sheets if necessary
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
The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment of an approximately
3,126 s.f. nonturf buffer to be planted with native vegetation in place of the existing maintained lawn area landward of the existing
retaining wall. The surface water runoff absorption capacity of this area will be increased not only by the replacement of lawn with
native vegetation but also via the raising of the retaining wall and placement of fill behind it to decrease the slope from the dwelling tot
he shoreline. Water quality will be further improved via installation of a drainage system of drywells to capture and recharge roof
runoff and installation of anew,upgraded sanitary system to be located more than 100 feet from tidal wetlands.
Attach additional sheets if necessary
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
The project is consistent with Policy 6 due to ncorporated mitigation and protective measu utlined above(see Policy 5)and
because a project-limiting fence and staked haybales will be installed to contain site disturbance during construction. With respect to
compliance with Trustees and NYS DEC laws and regulations,the work has been exempted from the DEC's Tidal Wetlands Land Use
Regulations due to its location above the 10-foot elevation contour above mean sea level. Due to the location of the preexisting house,
the additions cannot be located more than 100 feet from wetlands,but any potential impacts will be mitigated as described above.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
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
PUBLIC COAST POLICIES
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 46 for evaluation
criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's wate ependent uses and promote siting Iew water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
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
Attach additional sheets if necessary
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
Attach additional sheets if necessary
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
PREPARED BY TITLE COASTAL MGMT SPECIALIST DATEDEC. I7,2007
ROBE . HERRMANN
Amended on 811105
L,
1319 North Sea Road
Southampton, New York 11968
M 631-283-6360
Fax: 6EN-CONSULTANTS, INC www.encnsultants.com ENVIRONMENTAL CONSULTING
February 6,2008
Southold Town Zoning Board of Appeals
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn.: Linda Kowalski
Re: Robert Friemann
008
2935 Pine Tree Road,Cutchogue F�F3 2
SCTM#1000-104-3-8 3
pFtD OF �`ppEA�-S
Dear Linda: ZoNGBO
Enclosed are(8)sets of the following for your review:
1. Notice of Disapproval.
2. Zoning Board of Appeals application including;
a. Questionnaire.
b. Project Description.
c. Transactional Disclosure Form.
d. Letter of Authorization.
3. Environmental Assessment Form;
4. Property card;
5. Survey/site plan dated February 10,2008;
6. Construction plans;
7. DEC Letter of Non-Jurisdiction;
8. Town Trustees Wetlands Permit;
9. Photographs;
10. LWRP Consistency Assessment Form and
11. Application fee of$600.00.
The LWRP Consistency Assessment Form included herewith is the same form submitted with the Town Wetlands
Permit Application and previously reviewed by the LWRP Coordinator. While the scope of the proposals remains
unchanged(and thus the answers to the LWRP application remain unchanged),the 12 December 2007 site plan
referred to was updated at the request of the Trustees in association with certain suggestions made by the LWRP
Coordinator,including use of untreated lumber and 'Y2-inch deck spacing for the proposed deck,the permanent
removal of the shed presently existing on the beach,and the submission of a plantings plan prior to implementation
of the proposed buffer area. The site plan was also updated to reflect minor details specific only to the ZBA
application, including coverage information and setbacks to the retaining wall.
I trust this information shall allow you to process our request. Should any additional information be required,
please do not hesitate to contact our office.
�.Zc yphen
Enc.
COUNTY DEPARTMENT OF HEALTH
WASTEWATER MANAGEMENT
360 YAPHANK AVENUE, SUITE 2C
YAPHANK, N.Y. 11980
(631) B52-5700
G�3CC�
ROBERT FRIBMAM F EB 2 5 2008
194 EAST SHORE ROAD �PEALS
HURTTINGTON NY 117433�,�RD OF
CASH REMPT
Date Processed: 12/31/07 Receipt 0:141.794-P-92379-14610
RESIDENTIAL PUB WTR & LP'S
Hdref NO: RIO-07-0137 Fee: $275.00
Received From; EN-CONSULTANTS, INC
Amount Paid: $275.00
Check Numbers 8246
Project Name! RESIDENCE M MIS PINE TREE :RD. , 3.27,701 W OF BAY AVE,
Locations EIS PINE TREE RD. , 127.70' N OF BAY AVE.
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mo BOARD OF APPEALS
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the following,before applying?
TOWN HALL Board of Health
SOUTHOLD,NY 11971 4 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:
Approved ,20 Mail to:
Disapproved a/c
17/
Phone: 7,3
Expiration ,20
Building I pe for --
APPLICATION FOR BUILDING PERMIT
Date- 1110,5/07 20
INSTRUCTIONS
a. This-applicat on 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 1.8 months from such date. If no zoning amendments or other regulations affecting the
property hav&been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an
addition six months..Thereafter,'a newpermit shall'be•required.
APPLICATION IS HEREBY MADE to the Building DepGrtment.for the issuance pf a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,'�w York, and other applicable Laws,Ordinances or
Regulations, for the construction of buildings, additions, or alterations or"fur removal or demolition as herein described.The.
applicant agrees to comply with all applicable laws, ordinances,building 7hou ' ode, and regulatio s, d to admit
authorized inspectors on premises and in building for necessary inspectio
(Signature c aVhcan or name,if a corporation)
�lJ� 2 _C7�7
(Mailing address of app ' ant)
State whether applicant is owner, lesse , agent, architect, a veer, general contractor, electrician,plumber or builder
Name of owner of premises �oiseer F
e
(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.
Plumbers License No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposedwork;20,ft
1 be done:
2 �3 .5 ONE F/4 CUT /�'VG (F
House Number Street Hamlet
County Tax Map No. 1000 Section / 0 ¢ Block 0,3 Lot D
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 ,S//tJ G L 6- /�i9 /4 `C. y 12,E JS/
b. Intended use and occupancy
3. Nature of work(check which applicable): New Building Addition X' Alterations_
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling, number of dwelling units _ Number of dwelling units on each floor
If garage, number of cars
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
SCE- 10&4 I`S'
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front Rear Depth
Height Number of Stories
f U�
9. Size of lot: Front Rear Depth
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation? YES 1�NO
13. Will lot be re-graded? YES NOXWill excess fill be removed from premises? YES NO
_ f 9¢ CAJ 7- .rtP2-0— 1zf:: ¢- T¢PlP
14. Names of Owner of premises Fe/E f�'l W.,0 Address N(/0VVNG]VA/ 4!� phone No. S/G SL i 410
Name of Architect 4fejgX Rd c✓dn,TL Address Phone No 73¢-¢/,Pf
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES L"/NO
* IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS 4AY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
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 b.low,must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF
being dulysworn, deposes and says that(s)he is the applicant
(Name of individual signing contract) above named,
(S)He is theA_74CI* rcJ
(C tractor, A nt, 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.
Swo albefore me thi
day of 20 D
No Public e of Applicant
MELANIE'DOROSKI
NOTARY PUBLIC,State of New York
No.01 D04634870
Qualified in Suffolk County
Commission Expires September 30,
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:ROBERT FRIEMANN Date Prepared: FEBRL ARY 6,Eki ) 2 2008
1. For Demolition of Existing Building Areas Please describe areas being removed: THE EXISTING ROOF RAFTERS AND CEILIN UPR)QF APPEALS
REMOVED,REMOVAL OF INTERIOR WALLS AS SHOWN ON PLANS,AND REM OF EXISTING
FOUNDATION AT SITING AREA.
11. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:14'NORTH;43'-6"WEST;0'SOUTH; 10'EAST
Dimensions of new second floor: NORTH TO SOUTH 82'-7";EAST-WEST 75'-6"
Dimensions of floor above second level: NONE
Height(from finished ground to top of ridge): 25'-8"
Is basement or lowest floor area being constructed? If yes,please provide height (above ground)
measured from natural existing grade to first floor: APPROXIMATELY T TO TOP OF FIN.FLOOR
111. 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: SINGLE STORY-THREE
BEDROOM RESIDENCE WITH ONE CAR ATTACHED GARAGE.
Number of Floors and Changes WITH Alterations: TWO-STORY-FOUR BEDROOM RESIDENCE
WITH TWO CAR ATTACHED GARAGE.
IV. Calculations of building areas and lot coverage (from surveyor): ,
Existing square footage of buildings on your property: 1754 S.F.
Proposed increase of building coverage: 7.8%(HOUSE,DECKS &PORCH)
Square footage of your lot: 31,971.2 S.F.- 1,320(WETLANDS)-30,601.2 S.F.
Percentage of coverage of your lot by building area: 13.8%
V. Purpose of New Construction Requested: EXPANSION OF FIRST FLOOR LIVING AREA WITH
NEW SECOND FLOOR BEDROOMS.
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s):
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).
7/2002; 2/2005; 1/2006
r �
ROBERT FRIEMANN,LITTLE CREEK,CUTCHOGUE
let-
-
.-
Figure 1. Looking west from shoreline at existing retaining wall to be replaced and raised 18:;at lawn area to
be replaced with a planted nonturf buffer;and at staked location of proposed waterfront deck.
O
Figure 2. Looking southwest from shoreline at staked location of proposed 1i ortherly addition to existing dwelli ig.
BOARD OF APPEALS
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
❑Yes ®No
B. Are there any proposals to change or alter land contours?
❑No ®Yes,please explain on attached sheet. SHEET ATTACHED
C. 1)Are there any areas that contain sand or wetland grasses?YES
2)Are these areas shown on the map submitted with this application?YES
3) Is the property bulkheaded between the wetlands area and the upland building area?
YES
4) If your property contains wetlands or pond areas,have you contacted the office of the
Town Trustees for its determination of jurisdiction?YES Please confirm status of your
inquiry or application with the Trustees: WETLANDS PERMIT NO.6801,ISSUED 1/23/08.
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? NO
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting?NONE (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? NO
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel?NO If yes, please label
the proximity of your lands on your map with this application.
H. Please�t present use or operations conducted at this parcel DEVELOPED-RESIDENTIAL
and proposed use NO CHANGE IN USE PROPOSED
(exa s:existing:single-family;proposed:same with garage or pool,or other description.)
Authori ed nature and Date 2i05; 1/07
ROBERT E.HERRMANN
COASTAL MANAGEMENT SPECIALIST
ROBERT FRIEIVIANN
Approximately 60 cubic yards of clean sand will be trucked in and placed over an
approximately 3,126 square-foot area lawn landward of the new retaining wall (to be
raised 18 inches higher than the existing structure to 9.5MSL) in order to flatten the grade
between the dwelling and the shoreline. This area will then be established and
maintained as a nonturf buffer to be planted with nonfertilizer-dependent native
vegetation. As noted elsewhere in the application, the result of these actions will be a net
reduction not only of the flow rate and volume of runoff entering Little Creek but of the
potential concentration of fertilizers, fungicides, and other chemicals contained therein.
Mark K. Schwartz, AM -Architect, PLLC
e���:• P.O.Box 933 Phone:(631)734-4185
�® Cutchogue,New York 11935 Fax:(631)734-2110
February 01,2008
Southold Town Zoning Board of Appeals FEB j 2 2008
P.O.Box 1179 /3 4
Southold,New York 11971 130ARD OF APPEALS
Re: Additions and Alterations to:
Robert and Patricia Friemann House
2935 Pine Tree Road
Cutchogue,New York
(SCTM#1000-104-03-08)
Dear Zoning Board members,
The extent of the proposed construction project,as submitted to your office,will include
additions and alterations to the existing structure; demolition of the .existing roof
structure, removal of interior walls as shown on plans, construction of new interior
walls,alterations to exterior walls with new windows and doors,sheathing,siding. The
project also includes first floor additions and a new second floor. The three walls of the
existing Sitting Room must be demolished and new foundation walls constructed as
shown on the foundation plan. The existing foundation in that area is not code
compliant. The remaining foundation will remain in place. We have noticed several
areas at the exterior wall sill plates that have minor rotting. These areas will be removed
and replaced.
Please call this office if you have questions or require additional information.
Sincerely,
Mark Schwartz
FriPmann7.RAletter
14.16-4(9/95)—Text 12
PROJECT I.D. NUMBER 617.20 S E QR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS y �ECE��ED
PART I — PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1 APPLICANT/SPONSOR: 2.PROJECT NAME
ROBERT FRMMANN BY EN-CONSULTANTS,INC. F E B 12 ^nnR
3 PROJECT LOCATION: ""-+`4, 1
G�
Municipality PECONIC C o u n ty SUFFOLK /APPEAL—)
4 PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc,or provide map) a® \ O
2935 PINE TREE ROAD,CUTCHOGUE,TOWN OF SOUTHOLD; SCTM#1000-104-3-8
5. IS PROPOSED ACTION
® New ❑ Expansion ❑ Modification/alteration
6 DESCRIBE PRQJECT BRIEFLY:
Construct onto existing one-story,one-family dwelling a second-story addition,a 10.2'x 18.3'one-story easterly addition;a 20.1'x 30'two-story
northerly addition,a 20.8'x 43.5'westerly attached garage addition,and an 8'x 37.5'westerly porch addition with steps;construct attached waterfront
deck;remove existing shed and existing southerly concrete patio;install a drainage system of drywells;and remove an existing sanitary system to be
replaced with an upgraded sanitary system located a minimum of 100 feet from wetlands.
Remove and replace(in-place)an existing timber retaining wall with a stone retaining wall to be raised 18 inches to el.9.5'MSL;place approximately
60 cubic yards clean sand landward of new retaining wall to decrease the slope between the dwelling and shoreline;and establish over same area a 23'-
40'wide and approximately 3,126 square-foot nonturf buffer to be planted with native vegetation in place of the existing lawn,all as depicted on the site
plan prepared by John C.Ehlers Land Surveyor,last dated February 10,2008.
7. AMOUNT OF LAND AFFECTED
Initially 0.7340 acres Ultimately 0.7340 acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes ®No If No,describe briefly
9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park Forest/Open space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
®Yes ❑N o If yes,list agency(s)and permit/approvals
DEC,SCDH,SOUTHOLD TRUSTEES
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
®Yes ❑No If yes, list agency name and permit/approval
NYS DEC LETTER OF NON-JURISDICTION#1-4738-03765/00001
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ON o
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name ROB RT E.HERRMANN,COASTAL MANAGEMENT SPECIALIST DATE FEBRUARY 6,2008
Signature:
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
PART II- ENVIRONMENTAL ASSESSM— , (To be completed by Agency)
A.DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes.coordinate the review process and use the FULL EAF
El Yes El No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR.PART 617.6? If no,a negative declaration
may be superseded b another involved agency.
El Yes ffNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING,(Answers may be handwritten,if legible)
C1. Existing air quality.Surface or groundwater quality or quantity. noise levels.existing traffic patterns.solid waste production or disposal
potential for erosion.drainage or flooding problemsl Explain briefly:
C2.Aesthetic,agricultural.archaeological,historic,or other natural or cultural resources:or community or neighborhood character?Explain briefly:
C3.Vegetation of fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
C4.A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly,
C5.Growth,subsequent development.or related activities likely to be induced by the proposed action?Explain briefly.
C6. Long term.snort term,cumulative.or other effects not identified in CI-05?Explain briefly.
C7 Other impacts(including Changes in use of either quantity or type of energy)?Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
El Yes El No
E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ❑N o If Yes,explain briefly
PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial, large, important or otherwise significant.
Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d)
irreversibility; (c)geographic scope; and (f) magnitude. if necessary. add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If-
question D of Part 11 was checked yes,the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box it 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
AND provide on attachments as necessary, the reasons supporting this determination:
ame Of eaAgency
Print or I ype Name 01 Responsible officer in Leaa Agency I itle Of esponsi a Officer
igna ure o esponsi a Officer in gency Signature of Preparer(If different from responsible officer)
Date
2
Office Location: SufFO[�CO USPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank o� y 53095 Main Road
54375 Main Road(at Youngs Avenue) ca Z P.O. Box 1179
Southold, NY 11971 py� !� Southold,NY 11971-0959
of ,� Sao
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 16, 2008
Mr. Robert E. Herrmann
En-Consultants, Inc.
1319 North Sea Road
Southampton, NY 11968
Re: ZBA#6139 — Robert F. Friemann Variance application
Dear Mr. Herrman:
Transmitted for your records is a copy of the Board's April 10, 2008 Findings,
Deliberations and Determination, the original of which was filed today with the Town Clerk
regarding the above application for variances.
Please be sure to submit an application for a building permit with three sets of maps
and any other documentation (if not already filed) directly with the Building Inspector's
Office. You may want to furnish an extra copy of the enclosed when furnishing additional
information to the Building Department.
If you have any questions, please feel free to call at any time.
Very truly yours,
Linda Kowalski
Encl.
Copies of Decision to:
Building Department
Town Clerk (Original for filing)
�pE SO(/ry
ELIZABETH A.NEVILLE �0� Ol0 Town Hall, 53095 Main Road
TOWN CLERK P.O. Box 1179
REGISTRAR OF VITAL STATISTICS Southold,New York 11971
MARRIAGE OFFICER G Q Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �' �� Telephone (631) 765-1800
FREEDOM OF INFORMATION OFFICER Oli,'C�U � southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: February 13, 2008
RE: Zoning Appeal No. 6139
Transmitted herewith is Zoning Appeals No. 6139 Robert & Patricia Friemann-the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter
from En-Consultants, Inc. listing the following: Authorization letter from Robert F. Friemann to
En-Consultants, Inc. to represent him in the matter,Notice of Disapproval, Short Environmental
Assessment Form, 2 Property Record Card, Survey of Property, Letter from Mark K. Schwartz,
Architect explaining Additions and Alterations, Plans and Drawings of Additions and
Alterations, DEC Letter of Non-Jurisdiction, Southold Town Trustees Wetlands Permit, 5 Photos
of Property, LWRP Consistency Assessment Form.
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 02/12/08 Receipt#: 11634
Transaction(s): Reference Subtotal
1 1 Application Fees 6139 $600.00
Check#: 8317 Total Paid: $600.00
Name: En-consultants, Inc.
1319 North Sea Drive
Southampton, NY 11968
Clerk ID: CAROLH Internal ID:6139
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 2/ 12 /08
ZBA# NAME CHECK # AMOUNT TC DATE STAMP
RECEIVED
6139 Friemann, Robert and 8317 $600.00 FEB 12 2008
Patricia
sov, oaw"
$600.00
By Thank you.
.. I
REC OVEDD
APPLICANT/A.GENT/REPRESENTATtcersan�emDjoV=01n=nRj_',—
t1iis TRANSACTIONAL DISCLOSURE FO
FEB 1 2 2cn8
The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town o form is to rovide information which can alert the town of ossible conflicts of interesa h t e a`cfion is
necessary to avoid same.
-
YOUR NAME: //Q I e M AW N �O
(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.)
NAME OF APPLICATION: (Check all that apply.)
Tax grievance
Variance
Change of Zone
Approval of plat
Exemption from plat or official map
Other
(If"Other",name the activity.) ?Lsi-aMS
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 v
If you answered"YE",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 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 day of �p r 200 7
Signatu
Print Name �o.Q?�T I�. q �'rn/g.ur✓
r
ROBERT FRIEMANN,LITTLE CREEK,CUTCHOGUE
Y7�.
, 1
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Figure 3. Looking east from existing dwelling toward Little Creek and over existing lawn area to be
replaced with a nonturf buffer to be planted with native vegetation.
AA
L` `
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DD
Figure 4. Looking northeast from front yard at staked location of lai dward shdi of 1
proposed northerly addition to existing dwelling. 6,13 n
BOARD OF APPEALS
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LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MARCH 27, 2008
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, MARCH 27, 2008:
10:40 A.M. ROBERT F. AND PATRICIA FRIEMANN #6139. Request for Variances under
Sections 280-116B and 280-124, based on the Building Inspector's November 19, 2007 Notice of
Disapproval concerning proposed partial demolition of an existing dwelling, and proposing
new construction for alterations and additions to the dwelling at less than the code-required
minimum of 15 feet on a single side yard, and less than 75 feet from the bulkhead or retaining
wall, adjacent to the shoreline of Little Creek. Location of Property: 2935 Pine Tree Road,
Cutchogue; CTM 104-3-8.
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.SouthoId.ny.us.
Dated: March 3, 2008. ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
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 a week for 1 week(s),successively,commencing on the 20th
day of March,2008:
Principal Clerk
Sworn to before me this (1),day of j_ `—_2008
setback-nonconformance when.located- ,building is proposed at less than five
.tess'than.50 Feet from the,front yard line, `feet from:the oropeity line and with a lot,
____-__ _....._.... .at 9P Sterling"•Road,Cutchogue CTM.: 'coverage which exceeds the code limits- r /
LEGAL NOTICE 104-4-41 - iron of 20%(existing 27.43/ lot cover f, /1✓',1!
SOUTHOLD TOWN ZONING 11:15 A.M. JOANNE and JOHN- age) Location of.Property 145-King,
BOARD OF"PEALS GOUVEIA #6144.Request:for-Nazi -Street,Orient;CTM 1000-126-1-23..
- 12:30 P.M. CPYRO AVDOLILOS THURSDAY,MARCH 7.7,2008' ances ander Section 280-124,based on
PUBLIC HEARINGS the Building Inspector's Notice of Dis- #6145..(1)This is an Appeal of the Feb- •CHRiSTINA VOLINSK' YORK
NOTICE IS HEREBY GIVEN,put- approval concerning proposed addition ruary 29,2008 Stop Work Order issued PUBLIC-STATE OP"EW
suant.toSection 267 of the Town Law and and alterations to the existing single under Section 144-13 of the Town Code, No O1406106060
Chapter 280(Zoning),Code of the Town family dwelling,which new construction -which Order states that recent cobstruc- ,Ia11t1ed IB SU1fOlk COUBiY
of Southold;;the following'publia hear- will result in a setback at less than the tion work has gone beyond the scope of 28,2012
ings will.be held by the SOUTHOLD 'code-required"35 Meet-from the front permit,.and(2)an Appeal requesting-a
TOWN ZONING BOARD OFAP-, yard lothn -11
eand.inereaseinlotcoverage .VarianceunderSection2806A,based
hlftNltonExPltoaFebNptY
PEALS at the Town Hall,53095 Main exceeding`the:code limitation',of 20%, ':on the Building Inspector's amended
Road,P.O.Box 1179,Southold,New at 55405.County Road-48(a/k/a North March_6;2008.Notice of Disapproval ;.
York -11971-0959; on .THURSDAY. .Road),Southold;CPM44-1-11.-`' and applicants request to.amend Build-
tv(_91-C 27:2008: 11:30 A.M.DAVID FISHER#6126. Wing Permit#33677.for dwelling recon-
:30 A.M. CHRISTOFHF.R and Request for Variances under Section ,struction(additions and alterations)and
Ft IZABETH GRASECK#6135.Re- 280-124,based on the'Building Inspec- 'replacement of easterly foundation.The
quest for Variances under Sections tor's Notice of Disapproval concerning -Building.Inspector states that the de-
280-116 and 280-124,based on the Build- proposed additions to the existing shlgle- moliiion and reconstruction A this.non-
ing Inspector's February 5,2008 amend- family dwelling;which new construction `conforming 28,149 square foot parcel in
ed Notice of Disapproval concerning a will be less than'35 feet from the rear the R-40 District is not permitted under
new single-family dwelling(after demo- yard lot line,lessthan 35 feet from the Section 280-116A(1),for,the'reason that
lition of the existing dwelling)for the front yard lot line,-and with lot coverage all buildings.or structures located on—
reasons that the new construction will in excess:'of•the_code maxiinu.m limita- lots adjacent to sounds and upon which
be:(a)less than 25.feet on a single side. tion of 20%,at'2165 Old.Orch_ard Road, there exists a.bluff or,bank landward of - -
yard,and(b)less than 25 Meet for total East IYarion;CTM 37-3-4.1. .the.shore of beach shall.be set back not
side yard setbacks,and(c)less than the - 11:50 A.M.I JATOLITES and KEV- fewer than 100 feet from the top of the
code-required 100 feet from the bank INFERRO,#6129.Location of Property:. bluff or bank.(adjacent to the Long Is
or bluff landward of the shore or,beach 300 Jackson Street,,New Suffolk;CTM - land Sound).The building Inspector also
of the-Long Island Sound.Location of 117-10-2.The Applicants ptopose'reno- states a variance was issued under ZBA
Property:1910 Leeton Drive,Southold; vations/alterations, additions, and ex- #6060 for alterations and additions to a
CIM58-2-12. _ pansionof the existingadassgrgcottage single-farnily.dwelling;following this,and
9:40 A.M. JSC RE O R E" by building and in-this Appeal"requesting that apphrantintends to reconstruct the
James Zizzi,President#6137.Request the following; dwelling and replace the easterly foun-
for a-Variance under Section 280-15, 1)Reversal ofthe Building Inspector's -datibn wall.Location of Property:54985
based on the Building Inspector's Feb- November 8,2007 Notice of Disapproval C.R.48(a/k/a North Road),Greenport;
ruary 11,2008 Notice of Disapproval which states that the accessory cottage CTM 1000-44-1-50.
concerning an as-built accessory swim- use is nonconforming andwristitutes The Board of Appeals will hear all
thing pool situated in a side yard father - a second dwelling unit,citing Section persons,or their representatives,desir- ..
than the code-required rear yard at `280-171 A which'piovision states:Sucb ing to be;heard-at'each;hearing,and/or
3190 Haywaters Road,Cutchogue;CTM nonconforming use of buildings may desiring to submit written statements
111-11-13. be coot'_ued indefinitely except that before.the conclusion of each hearing.
9:55.A.M.vADt and CHERYL-RA-_ such buildin or use(A)shall not be en- Each hearing will not start earlier than
GUSA#6138.Request for Variances un- larged altered extended.reconstructed designated above.Files are available for
der Sections 280-15 and 280-116,based or restored or placed on a different por- review during regular business hours and
on the Building Inspector's February 11, tion of the lot or parcel of and occupied prior to the day of the hearing.If you
2608 Notice of Disapproval concerning a by such use on the effective date of this have questions,please do not hesitate
proposed accessory swimming pool and- chapter,nor shall any external evidence- 'to contact our office at(631)765-1809,
raised.terrace structures at less than 100 of such use be increased bv.any means or 'by email: T duds Kowalski@Town
feet from the top of the bluff,and side whatsoever-and Notice of Disapproval Southold.nvus.
yard location for the swimming pool citing Section 100-31A which provision Dated:March 14,2008. .
rather thanacode-required yard,at 1.600. .states--"In A-C R80 Districts no budding. ZONING BOARD OF APPEALS
Hyatt Road,Southold;CTM 50-1-6. : or 12remise=shall be used and no build- . GERARD P.GOC�NNGGEAN
'- 10:10 A.M. FRANK and ANTOI- ing or part of a bmlditgg shall-be erected Linda Kowalski
NF.TTE NOTARO#6136.Request for a or altered which is arranged intended. By'
Variance under Section 280-15,based on or designed to be used m_'wrote or rn' 54375 Main Road.(Office Location)
the Building Inspector's January 22,2008 part for any u es except th'e'followmg-, 53095Main Road,(Mailing/USPS)"-- - - - -
Notice of Disapproval concerning the A.permitted uses One-family detached :P.O.Box 1179
proposed location of a swimming pool dwellings not to exceed one dwellingoll - Sou thold,NY 11971-0959
at the,side of deck with hot tub addition each lot .. . ... , 875A-1T.3L20
-Yr and partly in the code-permitted rear 2) Interpretation to deal with-this
yard.Location of Property:625 Calves preexisting residential use in a residen-
Neck Road,Southold;CTM 63-7-30.1. tial zone,applying Code Section 280-122,1
10'Z5. d M RiCHARD and PA- Nonconforming $uildinaswith Con-I .
MELA FREAKING#6141.This is a forming Iles which states:A Nothing
request for a Special Exception under in this article shall be deemed to prevent I
Southold Town Zoning Code Article the remodeling,reconstruction or en-j
III, Section 280-13B(14), sub-sections Dement of a nonconforming building
a-d.The Applicant/Owner proposes a containing a conforming use:provided
Bed and Breakfast accessory use in their that such action does not create any new.`
residence,incidental to their occupancy nonconformance or increase the decree.
as a,single-family dwelling use,with up of nonconformance with regard to the
to three guest bedrooms for lodging and regulations pertaining to such build='I
serving of breakfast to not more than ten ings"B.Reconstruction 0,
a damaged
(10)casual,transient roomers.Location building.(1)A nonconformmgbuddmg
of Property:235 Lilac Lane,Cutchogue; container a conforming use which has
Lot 117 on the Map of Nassau Farms; been damaged by fire or other causes to
CTM 104-1-20. the extent of more than 50%of its fair
1040 A.M.ROBFRT F and PATRI- value shall not be repaired or rebuilt
CIA FRIEMANN#6139.Request for unless such building is made substan-
Variances under Sections 280-116B and tially to conform to the height and yard
280-124,based on the Building Inspec- re0uirements of the Bulk Schedule (2)
tor's November 19,2007 Notice of Dis- Application for a permit to build or re
approval concerning proposed partial store the damaged Portion of any build- '
demolition of an existing dwelling,and inng d_arri_aged or destroyed as set forth
proposing new construction for altera- in Subsection Bji)above shall be filed"
tions and additions to the dwelling at less within one year of the date of such dam-
than the code-required minimum of 15 ace and shall be accompanied by plans
feet on a single side yard,and less than for reconstruction which as to.such por-,
75 feet from the bulkhead or retaining iron shall comply with the re0uiretiients
wall,adjacent to the shoreline-of.Little set forth above If such dermit is issued..I
Creek.Location of Property:2935 Pine it shall use one yeai thereafter unless
Tree Road;Cutchogue;CiM 104-3-8. reconstruction bl'll&Qtdance with the
11:00 A.M. KAREN MAZZA-F- ap0r0vedplans has been initiated:
ERR (formerly Karen Miller)#6134. 3)A_Iternatively Variances based on,
Request for a,Variance under Section the Building Inspector's Noverritff 8.
280-14,based on the Building Inspec- 2007 Notice of Disapproval under See,
lor's December 17,2007 Notice of Dis• tion 280 121A and Section'IM-31A.
approval concerning a proposed lot(#1) denied for the Treasons that the access --"
proposed with a lot width at less than �cottage use is nonconforming and _
the code-required 150 feet in this pend- constitutes a second dwefling unit,and
ing three-lot Minor Subdivision,located as such may not be enlarged:ate e
at 1450 Horton Lane,Southold;CTM extended reconstructed or restored or
63-1-12;Zone District R-40 Low-Densi- placed on a different portion of the lot..
ty Residential. nor shall any external evidence of-such
11:05 A.M. THOMAS and PAU- use be increased by any means whatso-
LFTTF GIESE'•#6143..Request for a. ever as a second dwelling unit "
Variance under.Section 280422,based.` 12:15 P.M..DONALD and JANIS i
on the Budding,Inspector's January 18, ROSE#6130.Request for Variances un-
2008 Notice of Disapproval and ZBA der Sections 280-15B and 280 124,based
Code Interpretation.#5039(Walt)con- on the Building Inspector'•s January 7,
cerning proposed additions and altera- 2008 amended Notice of Dfsapproval-
tions to an existing single-family dwell- concerning_the location of a new two-
' ing maintaining the existing front yard story accessory building at a height ex-
setback,'for the:reason that the new seeding 18;feet to the top of ridge,af-
construction will.increase the degree of ter removal of a'building,and which new
TOWN . OF SOUTHOLD OkOPERTY RECORD CARD
OWNER STRE1=1' � VILLAGE DISTRICT SUB. LOT491
e X'to_ A6 d a' -gme
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4-:
FORMER OWNER N E ACREAGE
111 04-1 .-H An n j is W TYPE OF BU ILDING
tES. �d SEAS. VL. FARM E COMM. I IND. CB. j MISC. i Est:Mkt. Value
y
i
ND IMP. TOTAL DATE REMARKS
6 j� 13 d d . 00
640 ltV G d #� �/ , �/Z• u ' I rug X cu,_�9 ,gr
AGE BUILDING CONDITION - cl&A�s 1-tqKgg, CCSMa ` �G
NEW NORMAL BELOW ABOVE FRONTAGE ON WATER] 1-_f Z J/4 '
.Farm Acre Value Per Acre Value FRONTAGE ON ROAD
BULKHEAD
•i I lab le 2 DOCK AQ
Voodland
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ctens9fln 7
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Porch I ;Rooms lst Floor ! _
reay Patio i Rooms 2nd-Floor
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Dormer
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i
ZONING BOARD OF APPEALS 3A- Ya#-
TOWN OF SOUTHOLD: NEW YORK
--------------------- -----_ -X
In the Matter of the Application of
AFFIDAVIT
Robert Friemann -' OF
MAILINGS
(Name of Applicants)
CTM Parcel #1000- 104 - 3 - g
-----------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
dba
I,Robert Herrmann --PCXkdft at 1319 Nnrih 4Pa RA, Southampton,
New York,being duly sworn,depose and say that:
On the 6 day of March 2008, I personally mailed at the United States
Post Office in Southampton New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to
current owners shown on the current assessment roll verified from the official records on file
with the (30 Assessors, or( ) County Real Property Office , for every
property which abuts and is across a public or priv�6 str , or vehicular right-of-way of record,
surrounding the applicant's property.
Signature)
WSw rn to before me this
day of--j-/1pnC , , 200 F
tary Pu -c)
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.
MUM
gig]
Robert Friemann
SCTM# 1000-104-3-8
#104-3-7
Marilyn Schutt
29 North Edgewood Road
Niantic, CT 06357
#104-3-9
Richard &Phyllis Noncarrow
PO Box 100
Cutchogue, NY 11935
#104-4-20
Joan Carvo
169 E. 691" Street
New York, NY 10021
#104-2-18
Robin Sweeny :.
1 Sterling Road
Cutchogue, NY 11935
l
■ . e
zr Io e r
Ln
ro
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F F L
p Postage :1Z�� _"�Io .:1. it $�\ Postage <
p 0 ����t
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m ry �r i Certified Fee F= t grk
Return Receipt Fee ire 1 m
0 c.
(Endorsement Required) u� ; C3 Return nt Require)
` `�` '(' f p (Endorsement Required) \:
p Restricted Delivery Fee f
(Endorsement Required) p Restricted nt Required)
)
p ,c (Endorsement
E-' - p
Total Postace R Faas E
Total Postage&Fees CHARD
j sent To ROBIN SWEENY l Ira pgYLLIS &RI
CHARD
------- 1 STERLING ROAD i
Sent To
i p Street,Apt.
NONCARROW
or PC Box I CUTCHOGUE,NY 11935 II ��o sfreet,Apt Nc PO BOX 100
City,Stafe, I or Po box No, NY 11935
J City State,ZiF CUTCHOGUE,
■
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Certified Fee f,p �`" I Certified Fee 4
f f{os ark �Pop�ark
m a.`. ru �i
p Return Recelpt Fee _� He { �] Return Receipt Fee l �(, �
p (Endorsement Required) 8 � ( I 0 (Endorsement Required) <4"
p Restricted Delivery Fee qa a f/ I p Restricted Delivery Fee t�
(Endorsement Required) `�ej (Endorsement Required) �S'
rr _ n. ....__.._.- I Er — e-
Total Postage I- Total Postage"
Sent To MARILYN SCHUTT I Sent To JOAN CARVO
�` _ _ 29 NORTH EDGEWOOD ROAD I r" 169 E. 69TH STREET
p Street Apt IVa C3 Sfreet Apt RON
or PO Box No. NIANTIC, CT 06357 or Po Box No. NEW YORK,IVY 10021
City,State,Zlf City State,ZIP
i
,,a
-------
• lete A. QXgnat e El Agent
■ Complete items 1,2,,and 3.Also comp j�\1��'i p Ad essee
item 4 if Restricted Delivery is desired.nd address on t li ery
■ Print your name aheoueverse' B. Received by(printed Name) C ,r
so that we can return the card toy ,' o VV
■ Attach this cans to the back of the mailpiece',' D Is delivery address different from it 1? ❑Yes
or on the front if space permits. ❑No
1. elivery address below:
Article Addressed to: If YES,enter d
MARILYN SCHUTT I 3. Service'[We
ress
29 NORTH EDGEWOOD ROAD p oegister Mail [3 Return Receipt for Merchandise
NIANTIC, CT 06357 ❑Registered
❑Insured Mail ❑C.O.D.
[3 Yes
4. Restricted Delivery?(ire Fee)
2. Article Number 7007 1490 0003 0097 8847
(Transfer from service label) 102595-02-M 1540
Domestic Return Receipt Fri e ma h o
_ PS Form 3811,February 2004
COMPLETE THIS SECTION ON DELIVERY
A. Sign re Age t
■ Complete items 1,2,and 3.Also complete
atu
X Ad essee
item 4 if Restricted Delivery is desired. Y C. p to of ell ry
■ Print your name and address on the reverse ed b rinted am
so that we can return the card to you. B. R �
■ Attach this card to the back of the mailpiece,
D..is delivery address different from item 1? ❑Yes
or on the front if space permits. .❑No
1. Article Addressed to: If YES,enter delivery address below:
JOAN CARVO 3. Service Type
169 E. 69TH STREET ErCertified Mail ❑Express Mail
NEW YORK,NY 10021 0 Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee)
❑Yes
2. Article Number
7007 1490' p002 2043 2214
(Transfer from service label) . - 102595-o2-M-1540
Domestic Return Receipt Fret avvLo--ar)
PS Form 3811,February 2004 _ -
'SECTIONON DELIVERY
SENDER� COMPLETE TImIIS SECTION COMPLETE THIS
■ Complete items.i+2,and 3.Also complete A Si ature
r ❑Agent
item 4 if Restricted Delivery is desired. - ❑Addressee
■ Print your name and address on the reverse
so that we can return the card to you. r; .. B. Receive by(Printed Name) C. Date of�j Iju ory�j
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D.lis delivery address different from item 19 ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
PHYLLIS &RICHARD 1
NONCARROW
PO BOX 100 3. Service Type
NY 11935 Certified Mail ❑Express Mail
CUTCHOGUE, ❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted.Delivery?(Extra Fee) ❑Yes
2. Article Number: : , : ; . 7007,,149:0 0003 0097 :8854 .
(Transfer from service label) i
102595-02-M-1540
Domestic Return Receipt
p ;
PS Form 3811,February 2004
f �e
fi
Pf' jj�t
SECTION�TE THIS •MPLETE THIS SECTION ON DELIVERY
2,and 3.Also complete A. Signature
Delivery is desired. p.Agent
X
J address on the reverse ❑Addressee
rn the card to you. B. Received by(Printed Name) LC. Date of�Dellivery
:he back of the mailpiece,
ace permits. r
D. Is delivery address different from item 17 es
If YES,enter delivery address below: ❑No
fY
OA
Nor 11935 3. Servi a Type
Ld'Certif'.ed Mail ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
el) 7007 1490 0003 0097 8861
'2004 Domestic Return Receipt �f 102595-02-M-1540
A � IV,,
T ADDRESS
OC El ATTEMPTED NOT
S Cl NO SUCH KNOWN
❑ NOT DELI DELIVERABLE AS AODRESSE ETHER
UNABLE TO FORWARD
OvLv '
v
ZONING BOARD OF APPEALS p I
TOWN OF SOUTHOLD: NEW YORK 3 d
-----------------------------------------------------X f
In the Matter of the Application of
AFFIDAVIT
'Robert Friemann OF SIGNPOSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 104 - 3 - 8
-----------------------------------------------------X
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
may. ew York, being duly sworn, depose and say that:
On the�day of ,Ze�B, I personally placed the Town's official
Poster, with the date of hearing and nature of my application noted thereon, securely upon my
property, located ten(10) feet or closer from the street or right-of-way (driveway entrance)—
facing the street or facing each street or right-of-way entrance;* and that
I hereby confirm that the Poster has remained in place for seven days prior to that date of
the subject hearing date, which hearing date was shown to be
( 'gnature)
Sworn to before me this
og V' -day of 0,JLk,200 J
V--==AotaryFu lic
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
KIMUTEPHEM
�;., Cc':r�Pub!�•S!a!oolHeaYc�
`' Cc�,�iss!cnRo.5016931
C?:!95AaSu9Woun
e b
AUTHORIZATION
(where the applicant is not the owner)
r
/ * A/si e M1h%j^,1 residing .at /9Y
(print owner of property) (mailing address)
PON 4- -674AY &y N y /i7 y,� do hereby authorize
(Agent)
Ai "3 iLr,r,17}a l7D l/�,�, to apply for permit(s) from the
Southold Board of Town Trustees on my behalf.
(Owner' s signature)
ECENVED
FEB 1 2 ? B
BOARD ®E APPEALS
r
8
f
t
Mark K. Schwartz, AIA
P.O.Box 933 LBOARD
Phone:(631)734-4185
Cutchogue,New York 11935 d ee Fax:(631)734-4185
20February 25,2008 p� pPPEAL-S
TRANSMMAL
To: Southold Town Zoning Board of Appeals
P.O.Box 1179
Southold,New York 11971
Project: Additions and Alterations to:
Robert and Patricia Friemann House
2935 Pine Tree Road
Cutchogue,New York
(SCTM#1000-104-03-08)
From: Mark Schwartz,AIA
We transmit,the following-hand delivered on February 25,2008
• 8 prints of the proposed foundation plan to identify existing areas to remain and
new areas proposed.
• 8 copies of the Suffolk County Department of Health approval for the new septic
system for the proposed construction
Remarks:
Please call this office if you have questions or require additional information.
FriPmannl7.BATram
Office Location: SVFFO��' USPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank c� yj 53095 Main Road
54375 Main Road(at Youngs Avenue) erg Z P.O. Box 1179
Southold,NY 11971 py Southold, NY 11971-0959
http://southoldtowh.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax (631) 765-9064
May 22, 2008
By Regular Mail and Fax Transmission 283-6136
En-Consultants, Inc.
Attn: Robert E. Herrmann
1319 North Sea Road
Southampton, NY 11968
Re: ZBA# 6139 — Robert and Patricia Frieman (Pine Tree Road, Cutchogue)
Dear Mr. Herrmann:
Please find enclosed a copy of the Suffolk County Soil and Water District
letter dated 3/25/08 with recommendations. Also, the County has requested that
Jay Tanski at New York Sea Grant be contacted by the owner or their
representative concerning additional recommendations before removing the
retaining wall or starting other construction.
Thank you.
Very truly yours,
Gerard P. Goehringer
Chairman
Encl.
Office Location: $uFFO�/�'CO USPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank �� yj 53095 Main Road
54375 Main Road(at Youngs Avenue), y z P.O. Box 1179
Southold,NY 11971 tp �� Southold,NY 11971-0959
col
http://southoldtown.nbrthfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
T0. (631)165-1809 Fax(631)765-9064
REPLY FORM
NEW APPLICATION SUBMISSION
DATE: February 22, 2008
TO: Enconsultants,Inc. Attn: Robert Herrmann Fax 283-6136)
1319 North Sea Road
Southampton,NY. 1196.8
Re: Date of Building Inspector's Notice of Disapproval: November 19, 2007
CTM 1006-104-3-8 (Owner: Patricia Friemann) ZBA.#6139
Dear Sirs:
Please furnish eight. (8) prints of a diagram showing the foundation with all
construction as proposed (labeling existing which will remain, labeling demolition
areas proposed, also"labeling new foundation additions and extensions as proposed,
labeling support,foundation for decks, porches, steps, raised patios). (Plan EX-1 was
submitted to show the existing foundation without identifying the new foundation with
additions and other new construction areas).
Further processing.by the Department will continue after receipt of the above
information.
Thank you:
Office Location: A01.
O�OSufFO��CO' -- ASPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank o� y�e 53095 Main Road
54375 Main Road(at Youngs Avenue)- W 2 P.O. Box 1179
Southold,NY 11971 p Southold, NY 11971-0959
http://southoldtown,northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax(631) 765-9064
February 26, 2008
Suffolk County Soil and Water.
Conservation District
423 Griffing Ave., Suite 110
Riverhead, New York 11901
Re: ZBA File.Ref. No, 6139 (Friemann)
Gentlemen:
We have received an application for a project adjacent to Little Creek in Cutchogue, NY,
and shown on the enclosed site map. The hearing on this application is expected to be
held in approximately 6 weeks.
Enclosed is a copy of the site map, together with the application and a copy of the area
map. May we ask for you assistance in an evaluation and recommendations for this
proposal.
Thank you for your assistance.
Very truly yours,
Gerard P. Goehringer
B
Encls.
e FFO
Offic Location: $0 `��,0 "USPS Matting Address:
G
Town Annex/First Floor,North Fork Bank y� 53095 Main Road
54375 Main Road(at Youngs Avenue) H = P.O. Box 1179
Southold,NY 11971 Oy �� Southold,NY 11971-0959
http://southoldtown-.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax (631) 765-9064
February 12, 2008
Mark Terry, Senior Environmental Planner
LWRP Coordinator
Planning Board.Office
Town of Southold
Town Hall Annex
Southold,NY 11971
Re: ZBA File Ref. No. 6139 (Friemann)
Dear Mark:
We have received an application for additions and alterations of an existing single family
dwelling at a premises on Pine Tree Road in.Cutchogue,and shown on the enclosed site
map.. Copies of the LWRP form and area map. are also attached for your use and
reference. May we ask for your assistance in an evaluation and recommendations for this
proposal
Thank you.
Very truly yours,
Gerard P. Goehringer
Office Location: O$ufFI���`, USPS Mailing Address:
Off' �G
Town Annex/First Floor,North Fork Bank �� y1 53095 Main Road
54375 Main Road(at Youngs Avenue). y z P.O. Box 1179
Southold,NY 11971 py !� Southold,NY 11911-0959
http.:Hsoutholdtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax (631) 765-9064
:February 12, 2008
Mr. Thomas Isles, Director,
Suffolk County Department of Planning
P.O. Box 610.0
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:
ZBA File#6139 Owner/Applicant: Friemann, Robert and Patricia
Action Requested: Yard setback and.retaining wall
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,
Gerard P. Goehringer
ZBA Chairman
By.
Encls.
•
i4o' T1t'AoE UF HEAR1 ,40
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME FRIEMANN , R. P . #6139
MAP # 104=3=8
VARIANCE Setback Variances
REQUEST Add itions/Alterations/Partial Demo
DATE : THURS . March 27 , - 10 :40 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM .
ZONING BOARD-TOWN OF SOUTHOLD 765= 1809
� C
Office Location: �► OGy Mailing Address:
Town Annex/First Floor,North Fork Bank cm -'�
ti 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
FACSIMILE TRANSMITTAL SHEET TO: Fax# J-a3 /�40
Date: TOTAL NO. OF PAGES INCLUDING COVER:
6
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
J c:'L00
i
/1 ),-3 - FIEM& ,u�5
❑ URGENT ❑ FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ ----_________
NOTESICOMMENTS:
Please find attached copy/copies of the following:
v-c -fL- L
rAJ JJJIAA-� 60
Thank you.
Sender's Initials:
• 1 ! ( � . Town of Souhoid°ZBA77-7,7
O App Name O'Tax (iQ File d
P II s�gI
Board Member Ruth D. Oliva
iSearch ' w._
erHearing T�rrie15.�8 PM I
Qth
Fi el Number 6139 Tax Map 104 3 8
E
App Name FRIEMANN,,Robert and Patricia Receiued Date /121 B ;Tot Fees $6f70 00
..__. � 00
Hamlet Cutchogue �`Cype Residential zone , R 40� :Date forwarded to Tawn Clerk /12/2008 `
Status New Action �l Meeting Dates' Building Dept
r , ,. . . ..._ . .. ._.. ._ g
i ZMeetin Date, AND O.ate 1 /19/2007 i
Location 2935 Pine Tree Road 9 � �_
Adds/alterations/partial demo to existing Hearin Date.1 27/2008 ND Date 2
Short sting sfd - 200 r9 �_ Y
l
Oese, 124; single yard setback +/-12'; 280-116B +/- 22' Hearing Date 2 ,ND Date 3 j
c°PY from retaining wall adjacent to Little Creek.
Y' R 9 J Hearing bat e3 'til�tD Date 4 ,l s
i
Hearing DateA, ND Date 5 '
LWRP &Co PI sent 2/12/08; S&W sent 2/26/08; '
Foundation Ian received 2 25 08. OK for PH. _.Action Date-S ND Daie 6
Notes P / /
°Date: ....Vvrv , AND Date r C T Y Y 'Lt
3/4/2008 12 42 PM CAPS NUM Developed by the,sWthold Town Data Proce.. ii nt 3
r ..