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Home My WebLink About6153 i APPEALS BOARD MEMBERS �QF S0 Mailing Address: Gerard P. Goehringer, Chairman �p� �� 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 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yOUNN1 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ECEIVE®+ Tel. (631) 765-1809•Fax(631)765-9064 r ' 6' MAY 2 2 2008 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD MAY 8, 2008 SOuth®ld T Wn er�� ZBA# 6153 - MICHAEL KENIN Location of Property: 420 Lake View Drive, East Marion CTM 31-9-11 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. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on an application for a building permit to construct and the Building Inspector's March 10, 2008 Notice of Disapproval, amended April 1, 2008, for the reason that the proposed additions to the existing single-family dwelling will be set back less than the code-required minimum of 35 feet from the front yard lot line. CHAPTER 280 OF TOWN CODE (formerly Chapter 100): Zoning Code Section 280- 124 which states that non-conforming lots measuring less than 20,000 square feet in total size shall have a minimum front yard setback of 35 feet for an addition to a dwelling. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 24, 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: The Applicant proposes to construct a covered deck with steps (open, roofed-over porch) as an addition to the existing single- family dwelling, with a setback of 30 feet from the front yard lot line. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—May 8, 2008 ZBA#6153—Michael Kenin CTM 31-9-11 1. Town Law §267-b(Wb)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is presently 16.8 feet from the adjacent 20-foot right-of-way at its closest point. The wood deck is proposed at 30 feet from the right-of-way and is small (9 feet long and 4 feet wide) and minimally visible from neighboring properties. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant, adding a covered porch and steps, cannot be achieved by some method feasible for the applicant to pursue other than an area variance. 3. Town Law §267-b(3)(b)(3). The variance relief requested is not substantial. It amounts to 14.3% of the code-required 35 foot front yard setback. The variance concerns only the short side of a proposed Tx 9' open porch (covered deck with steps). 4. Town Law §267-b(3)(b)(5). The difficulty is self created only insofar as it is the result of a desire to add a porch to an existing house. 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. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an unenclosed, roofed-over front porch, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied, as shown on the 3/01/08 site survey prepared by John C. Ehlers, and on the October 4, 2005 Plan View-Elevation Sheet D-1 amended 1/12/07 prepared by Metz Design, signed by Joseph Fischetti, P.E., Page 3—May 8, 2008 ZBA#6153—Michael Kenin CTM 31-9-11 subject to the following condition: That the proposed porch shall remain open on three sides and not be enclosed or screened-in. 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 Goehringer (Chairman), Dinizio, Oliva, Simon, and Weisman. This Resolution was duly a e (5- r Gerard P. Goehringer, Chai• an 5/20/2008 Approved for Filing APPEALS BOARD MEMBER, so Mailing Address: Gerard P. Goehringer, Chairman �p� �� 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 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOMM 1 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 May.21, 2008 By Regular Mail and Fax Transmission 537-5291 Mr. Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 Re: ZBA# 6153 —Variance Determination (Kenin) Dear Mr. Anderson: Please find enclosed a copy of the variance determination with condition, rendered by the Board of Appeals on May 8, 2008. To assist in expediting reviews, you may want to furnish an extra copy of the enclosed variance with all the required maps at the time of submitting your application to the Building Department for a building permit. Thank you. Very truly yours, Linda Kowalski Encl. Copy of Decision 5/21/08 to: Building Department FORM NO. 3 NOTICE OF DISAPPROVAL np "77 Zia V APR DATE: Marc I rO, 2 o 60 89 R Amended: A HIJA2 0_,,�,4 TO: Matt Ivans for F:A M Kenin P 0 Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated March 6, 2008 For pen-nit for addition to an existing dwelling at Location of property: 420 Lake View Dr., E. Marion,NY County Tax Map No. 1000—Section 31 Block 9 Lot 11 Is returned herewith and disapproved on the following grounds: The covered deck addition, on this nonconforming lot is not permitted pursuant to Article XXIII Section 280-124 which states that non-conforming lots, measuring less than 20,000 sq ft., require a minimum front yard setback of 35'. The survey indicates a proposed covered deck at approximately 30'. The coverage less than thei required 200 lot cover is r uir 00 *Amended since this property ert w th bulkhead is notloca�tedon a�fidal tidal water -/Authorized Signature SURVEY OF Pf;ZOPEf;ZTY Land now Or formerly of 51TUATE: EA5T MARION Mary W"l 11"lams 4/ TOWN: 5OUTHOLD d 5UFFOLK COUNTY, NY 132.12 6' F• SURVEYED 05-16-2007 55°47'20"+� Fe. f 1.e REVISED 10-22-2007, 10-25-2007, o.b'S. on 1n S 12-17-2007, 5-OI-2008 gate Stockade e fenc I LIMIT O SUFFOLK COUNTY TAX # f e 1000 - 31 - Cl - 11 0.415. II N i / d �ti e�ce CERTIFIED TO: store lveWQy �h` d\eq \o q`�e e v� MIGHAEL KENIN I d( 5ro W O�'K ! / �� e e6 \/O6 7e�soC �V DRAINAGE CALCULATIONS: p ��S�G, \ \6y e ROOF (DWELLIN(5) N {ZL7 G G ado 0.1 DWELLING ROOF AREA MOO 5.F. I a00 X 0.17 X 1.0 = 525 G.F. 525 / 42.24 = 7.65 V.L.F. REQUIRED PROVIDE 2 8-0 VIA. X 4-0 DEEP DRAINAGE POOLS, 5 V.L.F. PROVIDED o x N A Z O RD = PROPOSED ROOF DRAIN n Cl \ •��, —I IT NOTES: N \ ■ MONUMENT ~O o PIPE O AREA = 16,165 5F OR 0.37 ACRES O 36.6� 1 6 RD I I on 11na n_ 1 c — O I woo fens 7 GRAPHIC SCALE 1 — 20 6 0 on 11ne 191.17 _ Fe.ne Land now or former) Of: N Walter E. ail?Une,0 ?D. �h/�WAL MAP r � =PEaLs BOARD GF REVIEWED BY ZZ8 SEES DEDI13#ON. r ,t_ -Unauthorized alteration o addition to a survey i �.� a1� Nap pear in a licensed lendreur SITE DATA. � o /[7/ ' g teyEduc teal is y D I � � � /.• r /l Vip lot ion pf eeet ipNeNZYorkaStateVEdu Ce[San LeNne 1�,l�f�,{�� * -only copies from the original of this survey • Ai'�r-v�1.JLiNC ON: AREA• p,{Yry. ®gzlpR9pTip• � ��!� 1}�, ` Narked Nith en original of the lend surveyor's !Vu'S VJGIl8Cil�1Y1G \ i V , 9temped Sea]She 11 pa considered to be Valid true ies- PROPERTY: 16, 165 S.F. - ` Certifications indicated hereon signify that this' � � ` � nafY Ch survey was prepared in acpord.,C with Lhe- tin,EXCLUDING WETLANDS 11, 397 S.F. Sating Cade Of Practice rer Land SU eys adopted ' by the New York State Association of Professional EXISTING HOUSE: 1, 834 S.F. 16.1% Lend Surveyors. Said certifications shall run ph.1y 24, to the person for wn-the survey is prepared. Cnd on hi6 peha1f to the title c.Npany. governnen- R•O• • PROPOSED DECKS 299 S.F.S.F. 2.6% tel agency and leading institution listed hereon, and to the assignees of the lending inat ltutipn. Certifica- TOTAL BUILD OUT LOT COVERAGE: 2, 133 S.F. 18.7% tions are not trans ferap le to add it ionel institutions 210.01 ITEMS IN GREEN JOJCLN C. 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APPLICATION TO THE SOUTHOLD TOWN B FR _,.-,L� ; For Office Use OnlyPR' Fee: $ Filed By: Date Assignedint No. Office Notes: 'R1�R=. Parcel Location: House No. 420 Street Lake View Terrace Hamlet East Marion SCTM 1000 Section 031 Block 09 Lot(s) O11 Lot Size 16,165 sq.f. Zone District B I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 26,2008 Applicant/Owner(s): Michael Kenin Mailing Address: 1236 Park Avenue; New York,NY 10128 Telephone: (212)722—5230 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative:_ Suffolk Environmental Consulting, Inc. Address: P.O. Box 2003; Bridgehampton,NY 11932 Telephone: (631) 537—516 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑Applicant/Owner(s) ®Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED December 17,2007 FOR: ® 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: 100-239.411 Subsection: Article: XXIII Section: 280124 Subsection: Type of Appeal. An Appeal is made for: ® A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑ Interpretation of the Town Code,Article Section ❑ Reversal or Other A prior appeal ❑ has .® has not been made with respect to this property UNDER Appeal No. Year Part A. AREA VARIANCE REASONS (attach extra sheet needeao: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,if granted, because: An undesirable change will not occur to the character of the neighborhood in that the proposed structures subject of this application (i.e.,proposed wood deck,proposed covered deck) are structures common within this medium-density residential neighborhood. Furthermore, review of the attached aerial indicates the presence of similar structures within neighboring properties exhibiting setbacks from both bulkheads and/or property boundaries less than the requested setbacks herein (i.e., the existing deck within the southeasterly adjacent property - n/o/f Gaipa), which have not resulted in any form of undesirable change to the neighborhood. Additionally, no undesirable impact to the character of the neighborhood is anticipated in that the proposed structures are barely visible from the neighborhood: the proposed wood deck is situated proximate only to the northwesterly adjacent property (n/o/f Williams), which is currently vacant, and opposite the surface waters of Marion Lake; the proposed covered deck (w/steps) only impacts the northwesterly adjacent property (n/o/f Williams), which again, is currently vacant. Consequently, in that these structures are common residential appurtenances within this neighborhood and are nearly undetectable by surrounding properties,we do not anticipate any detriment to the surrounding neighborhood in the granting of this variance request. (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 applicant cannot achieve the project goals without requesting variance relief in that the current improvements thereon (i.e.,dwelling,porch,deck) are pre-existing/non-conforming with respect to required zoning and environmental structural setbacks,creating a situation where potentially any further improvement within this property will result in some form of non-conformity requiring variance relief. Consequently, the benefit sought by the applicant cannot be achieved without the request in variance relief. (3) The amount of relief requested is not substantial because: No,with respect to the relief requested for the construction of the proposed wood deck situated at a minimum of 30' from the existing bulkhead, please note that surrounding properties exhibit attendant structures (i.e., decks) situated similarly, if not closer (i.e., the decking within the Gaipa property), to attendant bulkheads thereon. Consequently,we do not believe that this variance can be considered substantial in light of the existing conditions within the surrounding neighborhood. With respect to the relief requested for the construction of the proposed covered deck(w/steps),the variance amounts to only 14.3%of the required setback thereon. Consequently,we also do not believe that this variance can be deemed substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed variance relief,if granted,will not result in any form of adverse environmental impact to the surrounding neighborhood in that the proposals (i.e., covered deck,wood deck) are to be situated within a substantially improved residential lot which has existed harmoniously within this waterfront area for years without resulting in any form of adverse impact to the immediate area, physical and/or environmental. Additionally, review of the attached aerial map indicates a medium-density neighborhood comprised of similarly improved lots exhibiting structures situated closer to both bulkheads and/or property boundaries,and which have not resulted in any form of adverse impacts to the area. (5) Has the variance been self created? ( )Yes,or( X ) No. If not,is the construction .existing,as built? ( )Yes,or(X) No. No. The hardship derives from both the pre-existing/non-conforming nature of the lot and the existing improvements thereon, as well as the proximity of the wetlands boundary along the shoreline of Marion Lake to the northeast, the placement of potentially any improvement within this property would create some form of non-conformity thereon. Consequently,we do not believe that the variance is self created. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) Again, due to the pre-existing/non-conforming nature of the lot and the existing improvements thereon,as well as the proximity of the wetlands boundary along the shoreline of Marion Lake, placement of potentially any new improvement thereon would create some form of non-conformity. This is the MINIMUM that is necessary and adequate,and at the same time preserves and protects the character of the neighborhood and the health,safety,and welfare of the community. ( )Check this box and complete PART B,Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. please proceed to the signature and notary area below. A- �Signature of�� g ppellant or Authorized Agent Sworn to bef me this (Agent must submit Authorization from Owner) day of c ,2006 . Notary Public) Matthew D. Ivans ZBA App 9/30/02 Notary Public of New York Page 2 of 3-Appeal Application No, OlIV6053859 Qualified in Suffolk County Commission Expires January 22,20// Suffolk Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President Hand Delivered RIECE0VE® April 4,2008 a: Zoning Board of Appeals APR 4 Southold Town Hall P.O.Box 1179 BOARD OF APPEALS Southold,NYY11971 Re: KENIN Application Situate: 420 Lake View Drive;East Marion;Town of Southold,NY SCTM#: 1000-031 -09-011 Dear Board Members, As per your request concerning the above referenced application,please find attached: (1) Project Description concerning subject application,indicating for the proposed covered deck and steps along the northwestern side of the existing dwelling(eight [8] copies); (2) Architectural Plans,prepared by METZ DESIGN.,last dated January 12, 2007,indicating the project specifications(four [4] sets); and (3) Check made payable to the Town of Southold in the amount of$ 150.00 to cover the requisite application fee. As discussed, we formally withdraw our variance request for the proposed rear deck in that Marion Lake is a freshwater body and is not subject to § 100-239.4B. Consequently, we do not require variance relief for this portion of the project, only for the covered deck and steps. By way of this correspondence, and on behalf of Mr. Kenin, kindly arrange for this matter to be heard before the next available Zoning Board of Appeals meeting. Should you have any questions concerning this matter, please contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans attachment CC: M. Kenin Suffolk Environmental Consulting, Inc. Newman Village,Suite E,2322 Main Street,P.O. Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President March 31, 2008 Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold,NY 11971 Re: KENIN Property Situate: 420 Lake View Drive;East Marion;Town of Southold,NY SCTM#: 1000—OS 1 —09—011 Dear Board Members, This Firm represents Mr. Michael Benin, owner of the property referenced above, who is seeking all required regulatory approval to improve thereon, including approval from your Board for relief from Article XXIII § 100-239.4B ("All buildings or structures located on lots upon which a bulkhead—exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75'from the bulkhead.") and Article XXIII § 280-124 ("...non-conforming lots, measuring less than 20,000 sq. ft., require a minimum front yard setback of 35'"). Consequently,please find enclosed: (1) Town of Southold Building Department Notice of Disapproval (original and seven [7] copies); (2) Town of Southold Zoning Board of Appeals Application(original and seven [7] copies); (3) Owner's Endorsement(original and seven [7] copies); (4) Short Environmental Assessment Form(original and seven [7] copies); (5) Town of Southold Local Waterfront Revitalization Program Application(original and seven [7] copies); (6) Survey of subject property,prepared by JOHN C. EHLERS LAND SURVEYOR,indicating the existing and proposed conditions thereon, last dated March 1,2008(eight [8] prints); (7) Architectural Plans,prepared by METZ DESIGN.,last dated January 12, 2007,indicating the project specifications(five [5] sets); (8) Photographs.of subject property,indicating the current conditions thereon(eight [8] sets); (9) Aerial Photograph of subject property,indicating the conditions of thereon,including the rendering of the proposed improvements (eight [8] copies); (10) Town of Southold Board of Trustees Permit Amendment(No. 6127), dated October 17,2007,concerning subject project(eight [8] copies); (11) New York State Department of Environmental Conservation Freshwater Wetlands Permit(No. 1-4738-03574/00001),dated November 15,2007 (eight [8] copies); (12) Deed of subject property(eight [8] copies); (13) Property Cards with respect to subject property(eight [8] copies);and (14) Check made payable to the Town of Southold to cover the requisite application fee. By way of this correspondence, and on behalf of Mr. Kenin, kindly review the attached materials and schedule for the next available Zoning Board of Appeals meeting at your earliest opportunity. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans enc, cc: M. Kenin OWNER'S ENDORSEMENT U;j (TO BE SIGNED IF APPLICANT IS NOT OWNSTATE OF NEW YORK)COUNTY OF NEWYORK) SS: I,Michael Kenin,being duly sworn,deposes and says; I reside at 200 East End Avenue - Apt. 10M; New York, NY 10128. In the County of New York and the state of New York, and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Enviromnental Consulting,hm to make the foregoing application as described herein. Signature Signature If Corporation,name of corporation and Officer Officer's Title Bef me-this�day of 20V0=�' - f ;.. L ORIOL y blic State of New } otary Piiblic YOrk: 3 ` r Quaiit in Bronx Counly N . 0 5059069 . r'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)'7654802 Planning Board approval FAX: (631)765-9502 Survey X www.northforLnet/Southold/PERMIT NO. Check X Septic Form N.Y.S.D.E.C. Trustees Examined 720 Contact: Approved 20 Mail to: Suffolk Environ.Consulting,Inc Disapproved a/c r� ID P.O.Box 2003:Bridgehampton,NY 11932 Phone:�(631)537-5160 -Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT 4 Date � ,20AI ' INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. E Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Or inances or Regulations,for the construction of buildings,additions,or alterations or for remov demolition 4 herein Aesellibed.The applicant agrees to comply with all applicable laws,ordinances,building code,housing cod , regulation/S and to m' authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) P.O.Box 2003,Brid¢ehampton,NY 11932 (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder AGENT Name of owner of premises MICHAEL KENIN (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 proposed work will be-done: 420 Lake View Drive Terrace East Marion House Number Street Hamlet County Tax Map No.1000 Section 031 Block 09 Lot 011 Subdivision N/A Filed Map No N/A Lot N/A (Name) 2.State existing use and occupancy of premises and intended use and occupancy of proposed construction: a.Existing use and occupancy Residential: Single-Family Dwelling&related appurtenances b.Intended use and occupancy Same as"Existin 'withpmposed side wvered deckroposed reaz wood deck proposed rear stone patio proposed pergola(/benches). Existing rear deck/steps to be removed. 3.Nature of work(check which applicable):New Building Addition X Alteration Repair Removal Demolition X Other Work (Description) 4.Estimated Cost $25.000 f Fee (To be paid on filing this application) S.If dwelling,number of dwelling units N/A Number of dwelling units on each floor N/A If garage,number of cars N/A 6.If business,commercial or mixed occupancy,specify nature and extent of each type of use. N/A 7.Dimensions of existing structures,if any:Front 61.4' f Rear 61.4'f Depth 43't Height <32' Number of Stories One(1)Story Dimensions of same structure with alterations or additions:Front 65' t(inc.deck/steps) Rear 65' f(ino.deck/steps) Depth 59' t(inp.rear patio) Height <32' Number of Stories One(1) 8.Dimensions of entire new construction:Front Please refer to survey Rear Please refer to survey Depth Please refer to survey Height N/A Number of Stories WA 9.Size of dot:Front.100't Rear-116:13' Depth 191.17'f(max.) 10.Date of Purchase N/A Name of Former Owner N/A 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law,ordinance or regulation?YES X NO_ 13.Will lot be re-graded?YES—NO X Will excess fill be removed from premises?YES_NO X 14.Names of Owner of premises MICHAEL KENIN Address 1236 Park Ave.:NY,NY 10128 Phone No.(212)369—3007 Name of Architect N/A Address N/A Phone No N/A Name of Contractor N/A Address Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES X NO *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES X 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 below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK BRUCE A.ANDERSON—Suffolk Eavironmentat Consulting:Incc being duty sworn,deposes and says that(s)he is the applicant (Name of individual signing contract) above named,. (S)He is the AGENT (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief-,and that the work will be performed in the manner set forth in the application filed therewith. Sw to before me th dayf2WC&OFAL 2007 I Notary Public Signature of Applicant Matthew D. Ivans Notary Public of New York No. Ol IV6053859 Qualified in Suffolk County Commission Expires January 22, 2011 OFFICE LOCATION: ��0f soUIjsiO MAILING ADDRESS: Town Hall Annex ,`O l0 P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY N Telephone: 631 765-1938 G ,�► • �O Fax: 631765-3136 COMM LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner \a" LWRP Coordinator Date: April 23, 2008 Re: Request for a Variance Michael Kenin ZBA#6153 MICHAEL KENIN—ZBA#6153. Request for a Variance under Section 280-124, based on the Building Inspector's March 10, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling at less than the code-required 35 ft. minimum front yard setback, at 420 Lake View Drive, at Marion Lake, East Marion; CTM 31-9-11 . The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is EXEMPT from LWRP review pursuant to § 268-3. Definitions, item F. which states: F. Granting of individual setback, lot lime and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA;[Amended 6-6-2006 by L.L. No. 7-20061 Please contact me with any questions. foil REMOVED COUNTY OF SUFFOLK APR 2 3 2007 1 a � BOARD OF APPEALS 0 ' I STEVE LEVY SUFFOLK COUNTY EXECUTIVE x ICP DEPARTMENT OF PLANNING T DIRECOMASTOR ISLES,PLANNING DIRECTOR OF PLANNING April 17, 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 Numbers) Turnbull 6152 Kenin 6153 Traendly* 6154 Conklin 6155 Scourakis 6157 *The number and degree of variances sought may warrant a denial of the application. 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)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 OFFICE LOCATION: so MAILING ADDRESS: Town Hall Annex l0 P.O. Box 1179 54375 State Route 25 [ l�[ Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 CUUNT LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: James King, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner K' LWRP Coordinator Date: September 4, 2007 Re: Request for Wetland Pernzit for Michael Kenin SCTM# 31-9-11 MICHAEL KENIN requests an Amendment to Permit#6127 to construct a 9'X 13' covered deck and steps on the northern side of the existing dwelling; 9'X 28' wood deck and steps with associated planter on the eastern side of the dwelling; 13'X 24' semi- circular stone patio on eastern side of dwelling; and 12'X 12' pergola with benches and associated planter on eastern side of the dwelling. Located: 420 Lakeview Terrace, East Marion. SCTM#31-9-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction J 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed stone patio from the freshwater wetland boundary is 27 feet; the distance to the proposed covered deck and steps from the freshwater wetland boundary is 52 feet; the distance from the proposed pergola and planter from the freshwater wetland boundary is 57 feet; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findin2s; purpose; jurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved and to further Policy 5: Protect and Improve Water quality in the Town of Southold: 1. Establish a non-disturbance buffer landward of the wetland boundary to protect the water quality of the lake. 2. Require hay bales during construction. 3. _Require gutters to drywells on the house and additions to contain roof runoff. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc James F.King,President of SOUry Town Hall Jill M.Doherty,Vice-President ,`O Ol0 53095 Route 25 P.O. Box Peggy A. Dickerson Southold,New Yorkk 11971-0959 Dave Bergen CA-1 4C Bob Ghosio,Jr. Ol a� Telephone(631) 765-1892 Fax(631)765-6641 y��UNTV,N . ]BOARID OF TOWN TRUSTEES TOWN OF SOUTHOLD G�3CC�C�D�IG© October 17, 2007 Mr. William J. Lohn APR j 2008 Suffolk EnvironmentalConsulting, Inc. P.O. Box 2003 BOARD OF APPEALS Bridgehampton, NY 11932-2003 RE: MICHAEL KENIN 420 LAKEVIEW TERRACE, EAST MARION SCTM# 31-9-11 Dear Mr. Lohn: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, October 17, 2007: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#6127 to construct a 9' x 13' covered deck and steps on the northern side of the existing dwelling; 9' x 28' wood deck and steps with associated planter on the eastern side of the dwelling; 13' x 24' semi-circular stone patio on eastern side of dwelling; and 12' x 12' pergola with benches and associated planter on eastern side of the dwelling, with the condition of the installation of drywells and gutters to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, and as depicted on the revised survey prepared by John C. Ehlers Land Surveyor, last revised October 25, 2007, received on October 31, 2007. Any other activity within 1 00' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, )" James F. King President, Board of Trustees JFK:eac SURVEY OF PPIOPEPITY SITUATE: EAST MARION � TOM5OUTH0LD Land Mvq or wioa 5rly Of: 5UFFOLK COUNTY, NY ary !?r SURVEYED 05 I6-2007 n 132.12' - S REVISED 10-22-200-7,10-25-200.1 N55°47'20 ' SUFFOLK GOUNTY TAX u gate Stockade fence LIMIT OFc� \ fh�' _ 1000-31 -q-II of 0.4' S. 1 C � CERTIFIED TO, APPROVED � n �q 1 N,n G .��? \ y�e4YoQsh`v MIGHAEL KENIN G�11r'P OHO�%E D By 411 G�d,�� cl� BOARD OF TRUSTEES Q, ° o _ tad !®�',4`;1'BV ®F ®UTH®L Dshej�' - NOTES, ® MONUMENT O ° PIPE ip § . -ii m V' ROOF AREA I,gO0 S.F.X.IT=325 G.F. - \01 Ocs ®moo Z PROVIDE 2&DIA.X 4'DEEP DRY WELLS FOR ROOF DRAINS=331 G.F.STORAGE CD O N AREA= 16,165 SF OR 0.3-1 ACRES O 36 6 \ GRAPHIG 5GALE I,.= 20' / 6 O wood Fa 191.17, �-s o �a� � 4ii G Lr C�_1 S55 47'20,a ji 1 - � q�r Land now or formerl of: _ -- - "-° ---- - o �lalter E. &aipa ��,.. Linell D. 60tpaWl 24' R.®.VAT. JOHN C. EHg ERE LAND eSURVEYOR 21 O.O' (�vE /) 6 EAST MAIN STREET N.Y.S.L1C.NO.50202 ED RIVERHEAD,N.Y.11901 369-8288 Fax 369-8287 REF.-TIGERWROS\99-202 r APR 1 2008 BOARD OF APPEALS + NEW YORK STA7 -.PARTMENT OF ENVIRONMENTAL CONSER) )N DEC PERMIT NUMBER EFFECTIVE DATE 1-4738-03574/00001 November 15, 2007 FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental Conservation Law November 14, 2017 TYPE OF PERMIT■New ❑Renewal ❑Modification❑Permit to Construct ❑ Permit to Operate ❑Article 15,Title 5: Protection of Waters ❑ Article 17,Titles 7, 8:SPDES ❑ Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management ❑ Article 15,Title 15:Water Supply ❑ Article 19:Air Pollution Control ❑ Article 34:Coastal Erosion ❑ Article 15,Title 15:Water Transport ❑ Article 23,Title 27: Mined Land Management Reclamation ❑ Article 15,Title 15:Long Island Wells ❑ Article 36:Floodplain Management ■ Article 24: Freshwater Wetlands ❑ Article 15,Title 27: Wild,Scenic and ❑ Articles 1,3, 17, 19, 27,37;6NYCRR Recreational Rivers ❑Article 25:Tidal Wetlands 380: Radiation Control ❑6NYCRR 608:Water Quality Certification ❑ Article 27,Title 7; 6NYCRR 360: Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER Michael & Kim Kenin 212 722-5230 ADDRESS OF PERMITTEE 1236 Park Ave. New York, N.Y. 10128 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER Suffolk Environmental Consultants P.O. Box 2003, Brid eham ton, N.Y. 11932-2003 631 537-5160 NAME AND ADDRESS OF PROJECT/FACILITY Kenin Property, 420 Lake View Terrace, East Marion COUNTY TOWN WETLAND# NYTM COORDINATES Suffolk Southold E: N: DESCRIPTION OF AUTHORIZED ACTIVITY: Construct a covered deck/steps, deck with steps/planter, stone patio, pergola with benches and fixed dock. All work is to be done in accordance with NYSDEC plans stamped approved on 11/15/07 and prepared by John C. Ehlers Land Surveyor on 10/25/07. HEMMED APR 1 2008 By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General'Conditions specified and any Special Conditions included as part of this permit. DEPUTY PERMIT ADMINISTRATOR: ADDRESS Region 1 Headquarters Roger Evans CAF SUNY 2 Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 AUTHORIZED GNAT E DATE November 15, 2007 Page 1 of 4 NEW YORK;; DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plan. 2. Any demolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Heavy equipment, including bulldozers, backhoes, payloaders,etc., shall not be operated in the wetland. Dock must be installed with hand tools only. 4. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end as shown on the approved plans. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 5. Straw bales shall be recessed two to four inches into the ground at all times. 6. All fill shall consist'of clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete,demolition debris,garbage, household refuse,tires,woody materials including tree or landscape debris, and metal objects. 7. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each workday. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at all times. If this requirement cannot be met by the permittee,then the storage areas must be designed to completely contain any and all potential leakage. Such a containment system must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 8.All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2)days of final grading, or by the expiration date of this permit,whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 9. Suitable vegetative cover is defined as a minimum of 85%area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 10.The permittee shall incorporate the attached Covenant(or similar language)to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager,SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 DEC PERMIT NUMBER. PAGE 2 of 4 1-4738-03574/00001 NEW YORK S . DEPARTMENT OF ENVIRONMENTAL CONSERVATI% ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15(TITLE 6),24,26, 34 AND 6NYCRR PART 608 ( FRESHWATER WETLANDS) 1. If future operations by the State of New York'require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work,obstructions,.or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit,the structure,fill, excavation,or other modification of the watercourse hereby authorized shall not be completed,the owners, shall,without expense to the State,and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by)or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of anywetland orwaterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. . 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6.' If upon the expiration or revocation of this permit, the project hereby authorized has not been completed; the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure orfill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 7. If granted under 6NYCRR-Part 668,the.NYS Department of Environmental Conservation hereby certifies that the subject projectwill not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must-be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by John C. Ehlers Land Surveyor on 10/25/07. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03574/00001 NEW YORK 'E DEPARTMENT OF ENVIRONMENTAL CONSERVATIC NOTIFIGAi iON OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York,its representatives,employees,and agents("DEC")for all claims,suits,actions, and damages,to the extent attributable to the permittee's acts or omissions in connection with,or operation and maintenance of,the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims,suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits,approvals,lands,easements and rights-of-way that may be required to cant'out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title,or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility,including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying With this permit and the ECL.Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification ortransfer of this permit.Such application must include any forms or supplemental information the Department requires.Any renewal,modification or transfer granted by the Department must be in writing. The permittee must submit,a renewal application at least: a) 180,days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities(HWMF),major Air Pollution Control(APC)and Solid Waste Management Facilities(SWMF);and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: . NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify,suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) . materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 of 4 1-4738-03574/00001 5U VE"'r OF PROPER'( SITUATE.- EAST MARION TOM: SOUTHOLD Land Mary Wi°amsriy of: kk SUFFOLK COUNTY, TINY SURVEYED 05-16-2007 !! 132.12' S REVISED 10-22-2001,10-25-2001 N55047'20 E �e. SUFFOLK COUNTY TAX# p e 5 1 1000-31-9-II gate Stockade fence LIMIT OFc \ ` CERTIFIED TO: I 0.4' > \P22�e Ioe MIC 4AEL KENIN ytonea o \�ti°s 9e Iew y cam y p \o�Fee�gf/ c 2a5' o \ Sso jj. N �c-- A NOTES: N Q ' s N \ r� O PIPE ROOF AREA 000 5P.X.Il'=523 G.F. ��6 O S 39v Q OZ PROVIDE 2 V DIA.X 4'DEEP DRY VELLS 16'a1 N �6w \ FOR ROOF DRAIN5=351 G.F.STORAGE \ AREA= 16,165 5F OR 0.31 AGRE5 C N \ GRAPHIC SCALE 1 20' c 6 —1 °e 0 woo.- Pe °� 191.17' 77 N4ffiD8C °APPROVED AS PER TERMS S55047'20"W AND CO\D!'L'IONS OF PERMIT NO. C�1 /C��d/ i 0 DATE __l�/ ,�C 161j�Z�j�, Gc' 41 Land now or formerl of: Q Q Walter E. Gaipa .„a .. . Linell D. Galpa 24' R-O-W- CD JOHN C. EHLERS LAND SURVEYOR G21 O.O' 6 EAST MAIN STREET N.Y.S.LTC.NO.50202 RIVERBF",N.Y.11901 369-8288 Fax 369-8287 REF.-TIGERWROSV9-202 a PROJECT DESCRIPTION for the KENIN App.1i* cati* on Situate: 420 Lakeview Terrace; East Marion; Town of Southold, NY SCTM#: 1000 - 031 - 09 - 011 Applicant proposes to construct a covered deck and steps along the northwestern side of the existing dwelling. The deck will measure 9.0' long x 4.0' wide, and two (2) sets of steps on either side will measure 2.0' long x 4.0' wide each. The covered deck is proposed to be situated 30.0' ± from the front yard property boundary, where 35.0' is required. Town of Southold LWRP CONSISTENCY ASSESSMENT FORM REEME �IEQ A. INSTRUCTIONS APR 1 2008 1. All applicants for permits* including Town of Southold agencies, sh �=�, tl 19AQproposed actions that are subject to the Town of Southold Waterfront , i Law' s assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 31 - 09 - 11 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ (for ZONING BOARD of APPEALS) 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: The applicant proposes to construct a 9' x 13' covered deck and steps on the northwestern side of the existing dwelling and a 28' x 9' wood deck and steps with associated planter on the northeastern side of the existing dwelling. Location of action: 420 Lakeview Terrace; East Marion; Town of Souinold Site acreage: 0.37 acre f Present land use: residential Present zoning classification: R-46 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: Michael Kenin (b) Mailing address: 1236 Park Avenue New York,NY 10128 (c) Telephone number: Area Code(212 )722-5290 (d) Application number, if any: N/A Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ® No❑ If yes, which state or federal agency? NYSflDEC 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 Subject proposal is consistent with the policy in that said proposal is simply an improvement of the existing dwelling on the lot, in an area that has been previously disturbed by similar appurtenances(e.g.the previously existing terrace and pool). In addition,the proposed improvements will not substantially alter the dwelling or the site,which has existed harmoniously with the neighborhood for many years. Accordingly,we believe that this project is consistent with this policy. 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 Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resource. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout fne Town of Southold. See LWRP Section III—Policies Pages 5 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the proposed improvements will not substantially alter the appearance of the existing dwelling,which has existed harmoniously with the neighborhood character for many years with previously existing related appurtenances. Scenic resources, assumedly views of Marion Lake,are not at risk due to the fact that there is an existing dwelling at subject parcel and the proposed improvements will not result in further obstruction of said views by the structure. Accordingly,this proposal will comply with Policy 3. 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 Subject proposal will fully'comply with Policy 4 in that the proposed construction will in no way alter the situate wetlands or shoreline. The existing dwelling has not been threatened by flooding or damage from erosion. Accordingly,this proposal will comply with Policy 4. 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 Policy 5 is not applicable in that it will have no effect to the water quality/supply within the surrounding area. 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 Subject proposal will maintain the quality of the surrounding ecosystem in that the existing dwelling has been located at subject parcel for years without adversely affecting the surrounding ecosystem. In addition,the previously approved and constructed appurtenances resulted in no adverse effects to the situate ecosystem. Accordingly,this proposal will comply with Policy 6. Attach additional sheets if necessary Policy 7. Protect and.improve air quality in the Town of Southold. See LW—RP Section III-Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No .® Not Applicable Policy 7 is not applicable in that the proposal is simply to improve upon an existing dwelling which will not result in any form of adverse effects to air quality. Accordingly,this proposal is not applicable with this policy. 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 This policy is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste,toxic pollutants, petroleum products. Attach additional sheets if necessary 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 Policy 9 is not applicable in that the proposal is attendant to a private property. Regardless,this project will not impede any access to the surface waters in and around subject property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria ❑ Yes. ❑ No ® Not Applicable Policy 10 is not applicable in that the proposal is simply to improve upon an existing dwelling which is not,and will not affect a water dependent use. 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 Policy 11 is not applicable in that the proposal does not involve any form of marine resource management(i.e. commercial fisheries, recreational fisheries, aquaculture,etc...). 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 Policy 12 is not applicable in that the proposal does not involve agricultural lands(i.e.the conversion of farmland,the establishment and/or maintenance of new coastal agricultural production,etc...) 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 Policy 13 is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary 14-16-4(9/95)-Text 12 617.20 APR; T 2WFQR PROJECT I.D.NUMBER Appendix C State Environmental Quality Review ,/S-3 SHORT ENVIRONMENTAL ASSESSMENT F IRRARD OF APPEALS For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting,Inc. KENIN 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.or provide map) 420 Lake View Terrace;East Marion;Town of Southold,New York(SCTM#: 1000—031 —09—011) 5. IS PROPOSED ACTION: E New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant requests to construct a covered deck(w/steps),wood deck(w/steps&planter),stone patio and pergola with benches. Please note that only the proposed covered deck and wood deck are subject of the attached Zoning Board of Appeals application. 7. AMOUNT OF LAND EFFECTED: Initial) < 0.1 acres Ultimate) < 0.1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑ Yes ® No If No, describe briefly No. The proposed wood deck is non-conforming pursuant to Article XXHI § 100-239AB (30' setback where 75' setback is required from the existing bulkhead),the proposed covered deck is non-conforming pursuant to Article XXIII§280-124(30' setback where 35'setback is required from the front yard). 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY(FEDERAL,STATE OR LOCAL)? ® Yes []No If yes,list agency(s)and permit/approvals New York State Department of Environmental Conservation(NYSDEC);Town of Southampton Board of Trustees. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT.OR APPROVAL? N Yes ❑ NO If yes,list agency(s)and permit/approvals NYSDEC Freshwater Wetlands Permit No. 1-4738-03574/00001,issued November 15,2007 Town of Southold Board of Trustees Permit Amendment No. 6127,issued October 17,2007. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: D.Ivans—Suffolk Environmental Consulting,Inc. Date: March 25,2008 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 1 PART II-ENVIRONMENTAL ASSESSMENT To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑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 by another involved agency. ❑Yes ❑No 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,noise levels,existing traffic patterns,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural, archeological,historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitat,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted,or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? 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? []Yes []No D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No 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; (e)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 been 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 if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary,the reasons supporting this determination: Name ofLead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different From responsible officer) Date 2 �OF SO(/ry J 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 `+oU ,� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: April 9, 2008 RE: Zoning Appeal No. 6153 Transmitted herewith is Zoning Appeals No. 6153 of Michael& Kim Giambruni-Kenin-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Suffolk Environmental Consulting, Inc. Listing the following: 2 Notice of Disapprovals, Owner's Endorsement from Michael Kenin to Suffolk Environmental Consulting, Inc. to represent them in this matter, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Project Description, Letter from Suffolk Environmental Consulting, Inc. concerning the variance request, Letter from Mark Terry, Principal Planner to James King, President of Trustees, Letter of Action from Board of Town Trustees,DEC Permit#1-473 8- 03574/00001, Copy of Deed Between Arif&Hina Hussain and Michael Kenin&Kim Giambruni-Kenin, 5 Photos of Property, Aerial Photograph of Property, Copy of Property Record Card, 2 Pages of Plans View&Elevations of Proposed Deck, Porch&Patio by Metz Design, Survey from John C. Ehlers Land Surveyor. awn Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 04/08/08 Receipt#: 15191 Transaction(s): Reference Subtotal 1 1 Application Fees 6153 $150.00 Check#: 10347 Total Paid: $150.00 Name: Suffolk, Environmental Consulting Bruce Anderson P O Box 2003 Bridqehampton, NY 11932 Clerk ID: CAROLH Internal ID:6153 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/ 04 /08 ZBA# NAME CHECK # AMOUNT TC DATE STAMP WEIVED 6153 KENIN, Michael 10347 $150.00 AM 8 SOuthOld Town Clem $150.00 By Thank you. r � 1 1 Office Location: O�OSjjFF0j/r LISPS Mailing Address: G Town Annex/First Floor,North Fork Bank _-a� y 53095 Main Road 54375 Main Road(at Youngs Avenue) d Z P.O. Box 1179 Southold,NY 11971 41, Southold,NY 11971-0959 �1 * Sao http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 24,2008 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,APRIL 24, 2008: 10:55 A.M. MICHAEL KENIN - ZBA #6153. Request for a Variance under Section 280-124, based on the Building Inspector's March 10, 2008 Notice of Disapproval concerning proposed additions to the existing single-family dwelling at less than the code-required 35 ft. minimum front yard setback, at 420 Lake View Drive, at Marion Lake, East Marion; CTM 31-9-11 . The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at(631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: April 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 #8782 ELK STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine. of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 10th day of April, 2008. Principal Clerk Sworn to before me this t day of 2008 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01406106060 Qualified in Suffolk County My Commission Ezpitas FObluCly'28,2012 j #6143. Request for a Variance under zone, applying Code Section 280-122 Section 280-122,base.'_--to Building Nonconforming Buildings with Con- Inspector's January 1• Notice of forming Uses which states,A Nothing Disapproval and ZB/: Interpreta- M this article shall be deemed to prevent tion#5039(Walt)co...,-:_.,;proposed the remodeling reconstruction or en- - - additions and alterations to an existing largement of a nonconforming building single-family dwelling which will result •containing a conforrping use provided in an increase in the degree of the exist- that such action does not create any Be ing front Ward setback nonconformance, nonconformance or increase the degree at less than 50 feet.Location of Prop- of nonconformance with regard to the erty:90 Sterling Road,Cutchogue;CTM regulations pertaining to such build- 104-4-4.1. Inns' B.Reconstruction of a damaged 9:40 A.M.CHRISTOPHER and EV- building. ll A nonconforming building ELYNCONKLIN-ZBA#6155.Request containing a conforming use which has for a Variance under Section 280-116B, been damaged by fire or other causes to based on the Building Inspector's April the extent of more than 50%of its fair 2,2008 Notice of Disapproval concern- value shall not be repaired or rebuilt ing proposed additions and alterations unless such building is made substan. to the existing dwelling which will be less tially to conform to the height and yard than 75 feet from the bulkhead,at 3400 requirements of the Bulk Schedule,(2) Ole Jule Lane at James Creek(dredged Application for a permit to build or re- canal),Mattituck;CTM 1000-122-4-20.1. store the damaged portion of any build- canal),A.M.JOHN VAN GELDER- in damaged or destroyed as set forth ZBA#6148.Request for a Variance un- in Subsection B()above shall be filed der Section 280-124,based on the Build- within one year of the date of such dam- , ing Inspector's January 16,2008 Notice age and shall be accompanied by plans of Disapproval concerning a proposed for reconstruction which as to such oor- new dwelling,after demolition of the ex- tion, hall comply with the requirements !sting building,with front yard setbacks set forth above If such permit is issued at less than the code-required 35 feet. it shall lapse one year thereafter unless Location of Property:10 Hickory Road reconstruction in accordance with the and Chestnut Road, Southold; CTM approved plans has been initiated: 54-6-14. 3)Alternatively,Variances based on 10:05A.M.DONALDHOHN—ZBA the Building Inspector's November 8, #6149.Request for Variances under Sec- 2007 Notice of Disapproval under Sec- tions 280-15 and 280-124,based on the tion 280-121A and Section 100-31A, Building Inspector's March 17, 2008 denied for the reasons that the acces- amended Notice of Disapproval con- sory cottage use is nonconforming and cerning a proposed new dwelling and ac- constitutes a second dwelling unit,and cessory shed structure for the following: as such may not be enlarged,altered, (a)the new construction will exceed the extended,reconstructed or restored or code limitation of 20%for lot coverage; placed on a different portion of the lot... (b)the new dwelling is proposed at less nor shall any external evidence or such than 35 feet from the front yard lot line; use be increased by any means whalso. (c)the proposed shed will be in a side ever as a second dwelling unit. yard rather than the code-required rear 1:10 P.M.KURT FREUDENBERG yard,at 945 East Gillette Drive,East and JANET LATHAM - ZBA#6121 Marion;CIMM 38-3-2. (PH held 228/08. Attorney's letter 10:20 A.M.JAMES MESKOURIS- confirms amendment that withdraws ZBA#6142 Request for a Variance un- request for swimming pool,requesting der Section 280-124,based on the Build- shed variance. Location of Property: ing Inspector's March 25,2008 amended Lester's Road,a private Right-of-Way Notice of Disapproval concerning pro- off the east side of Westphalia Avenue, posed additions and alterations to the Mattituck;CTM 114-7-2.1. existing single-family dwelling, which 1:20 P.M. PAUL and MAUREEN new construction will result in a lot CACIOPPO#6127.Request for a Vari- coverage exceeding the code limitation. ante under Section 280-124,based on Location of Property:1350 Sound Beach the Building Inspector's December 27, Drive,Mattituck;CTM 106-1-36.1(for- 2007 Notice of Disapproval concerning merly 36). the location of an accessory in-ground 10:40 A.M. CJCI CORP. — ZBA swimming pool,which will exceed the #6146. Request for a Variance under code limitation of 20%lot coverage,at Section 280-50C,based on the Building 735 Jackson Street,New Suffolk;CTM Inspector's January 11,2008 amended 117-9-6. Notice of Disapproval concerning a pro- 1:35 P.M. GREG and KARMEN posed business building(retail business DADOURIAN -ZBA#6131 Carry. and contractor's yard)in this B-General over from 228108.Request for Variances Business Zone District,which building under:(1)Section 280-124,and(2)Sec- will have frontage greater than 60 linear tion 280-15,both based on the Building feet along the street.Location of Prop- Inspector's December 28,2007 Notice of erty:74495 Route 25,Greenport;CTM Disapproval concerning the location of 1000-45-4-4.1 a new dwelling at less than 40 feet from 10:55 A.M. MICHAEL KENIN — the code-required minimum front yard ZBA#6153.Request for a Variance un- setback,and for a swimming pool lo- der Section 280-124,based on the Build- cated in a side yard rather than the code ing Inspector's March 10,2008 Notice required front yard or rear yard for this Of Disapproval concerning proposed waterfront parcel,located at 695 Petty's additions to the existing single-family Drive at Long Island Sound, Orient; dwelling at less than the code-required CTM 14-2-23. 351t.in.mimum front yard setback,at 420 The Board of Appeals will hear all Lake View Drive,at Marion Lake,East persons,or their representatives,desir- Marion;CI'M.31-9-11, ing to be heard at each hearing,and/or 11:05 A.M. r IA POLITES and desiring to submit written statements KEVIN FERRO ZBA 06121.Location before the conclusion of each hear- of Property:.300 Jackson Street,New ing.Each hearing will not start earlier .Suffolk;Cl'M:117-10-2.The Applicants than designated above.Files are avail. propose renovations/alterations, addi- able for review during regular business tions,and expansion of the existing ac- hours and prior to the day of the hear- cessory cottage building and in this Ap- ing.If you have questions,please do not peal requesting the following: hesitate to contact our office at (631) 1)Reversal(under Section 280-122) 765-1809,or by email:Llnda.Kowaiski@ of the Building Inspector's November.8, Town.Southold.nyus. 2007 Notice of Disapproval which states Dated:April 4,2008. that the accessory cottage use is noncon. ZONING BOARD OF APPEALS forming and constitutes a second dwell- GERARD P.GOF.HRINGER, CHAIRMAN ing unit,.citing Section 280-121A which BY LINDA KOWALSKI provision states, Such nonconforming use of buildings may be continued 54375 Main Road(Office Location) indefinitely,except that such building or 53095 Main Road(Mailing/USPS) use(�shall not be enlarged.altered. P.O.Box 1179 - • extended tecon[rutted or restored or Southold,NY 11971.0959 LEGAL NOTICE placed on a differentZtion of the lot 8782-1T4/10 .., SOUTHOLD TOWN ZONING or parcel of land occupied by such use BOARD OF APPEALS the effective date of this chapter,nor THURSDAY,APRIL24,2008- shall any'external evidence of such use PUBLIC HEARINGS be increased by any means whatsoever NOTICE IS HEREBY GIVEN,pur- and Notice of Disapproval citing Sec- suantlo.Section 267 of theTown Law and tion t nn at A which provision states,"in Chapter 280(Zoning),Code of the Town A-C R80 Districts no building or prem- of Southold,the following public hear- •fie,-hall be used and no building or part ings will be held by the SOUTHOLD of a building shall be erected or altered TOWN ZONING BOARD OF AP- which is arranged intended or designed PEALS at the Town Hall,53095 Main to be used:in whole orjlLpart,for any .Road,P.O.Box 1179,Southold,New uses except the following-A Permitted York 11971-0959, on 1"U 512 uses One family detached dwellings not- APRIL 24 2008:. - to exceetl one dwelling on each lot": 9i30 A.M. PAULETTE GARA- 2)Interpretation to deal with thispre- z TOWN, O_ SOU 'lfCLD PRR RTY RECORD CARD )VIFNER S ET VILLAGE DIST. SUB. LOT - t: fi { ON1R`OV1iN'ER `t �na Y {� f N� " , E ACR. ( S Mi. (.{mac( TYPE OF BUILDING S SEAS. VL. FARM COMM. . CB. M15C. %"Mkt. Value LAND I/vfP. TOTAL DATE REMARKS " .�;� �•�?. � s'Y .� :`�' �.Q. L-�78d�-�"- a,. � ��`�r� aye T� r:�,�a��'`� :�:�- :Q 02 �! 4' ✓ r/..?- o,(D OGa.. av Lb ,*Aqo. f6 Ar1o. 4¢ � d Q), f 0' C3C� 1 Y�L t d G21f- f I Q ,. 41 rob � 3 ,2 �✓ ► ' (� �:r; � " -r'` B 1 G O �y/8y .(3�q;fir. l3'z23 coAs}r 4,booa �roraua' AO®/ . , � i �" - /C 1. Lice_ perm, , l 30 AR/Vl„ Acre ., Value Per i alue , Q s :' O(We,arm 7`a 9 qt, VA' . : e I fable 2 _ I o; 2 / Q �� r n�5 'llable 3 : te✓ RR pp Z o0 ZGb �` 7 Zeb'7_ � :' DT' 02 5- SS ,ampland . FRO TAGE ON WATER ushland FRONTAGE ON ROAD )use.Plot DEPTH ,.� A"got p BULKHEAD tal DOCK Almax; s j MEE ONE ME 0 SEE e,.' oil MMMEM IMMENSE ONE 0 MMOM MW OMENWINE 0 IMMMMMM IF�.• �. r�� L r yr' ��tl. ',!ice, f ' ,n; ► �� 11®�� ®MANI ME .1 MEN �� ME oom onON � OWN -MEN No M No No 0 mom •ur -idation '! R •• ) !Basement ® d.i Place Type Roo f 4creation Room Driveway a). wr s • • 10 L56+ FO DR. R POL.W.SEE SEC.NO, 12-1--.23 SEE SEC.NO.022 SEE SEC.NO.022 LINE 11.20 MATCH Z U14E MATCH UNE MATCH_z p. 35 p FOR PCL.NO. 1.7A A'. • SEE SEC.NO. ".1 1.22 / . -,-1P. WEN VACEI LTA p 1.2 11.1AIll LN"OF SU FOLK JIMN V 27 LONGLO 11.16 NM N 0., 32 2 .Gk(cl jjA4 16.6 10.1 11 13 tL-ts 7A W.bA 314-U',l 2.3k Tyo rL� 10.2 MI. r. 9 • 1.3 32.5 M, 11 & 2.2A IS.SA SUFFOLK COUNTYepi EAST MARION WATER AUTHORITY FIREyeti A 4.5 pWJ 13 3.OA AN T FOR PGL.NO. • 3:11 030 SEE IEC*110, 04 EAST uAPron I.IA A TOWN OF SOUTHC $.7 S.S -50" V V A MARION LAKE INSERT A SCALE 1'=100' 6.2A(c) TOWN OF So UTHO D .1EN SPACE 2.4m. 26.6 28.3 11AA 6.6A I JA COUNTY OF SUFFOLK FEVELOPMENT RI-51 29.1 FOR M.NO. 3.2A ZZ AlON LINE .1 SEC.NO..31 L L. RIIEZ: NOTICE COUNTY OF SUFFqLK K TOWN OF SOUTHOLD SECTION Ev D—I D,rm,.,+,, T— Q.11111. &-nry 'Ill FF— FOLLOWING DIST—T r ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ---------------—--------------------_...............X In the Matter of the Application of AFFIDAVIT MICHAEL KENIN OF (Name of Applicants) MAILINGS CTM Parcel#1000-031.00 -09.00 -011.000 COUNTY OF SUFFOLK) STATE OF NEW YORK) L DIANE K. WASSICK _residing at 2322 Main Street; Bridgehampton, New York,being duly sworn,depose and say that: On the 7TH day of APRI L, 2008 I personally retailed at the United States Post Office in Bridgehampton -,New York,by CERTIFIED MAIL,RETURN Rig REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roil verified from the official records on file with the X'Assessors,or!' )County Real Property Office Town of Southold a for every property which abuts and is across a public or priv�;6 street,or vehicular right-of-way of record, surrounding the applicant's property. �tgnature) Sworn to before me this day of aloxI L ,2008 Matthew 0. Ivans Notary Public of New York - No. Ol IV6053859 o Public Qualified in Suffolk County (N ) mission Expires January 22, 20 V PLEASE list,on the back of this Affidavit or,on a sheet of paper the lot numbers next to the -- wne"iames-and-addresses-forwhic-h"w v�ff to ed—Tha-aft c you. _.-....-_.. • • • ! ■ Complete items 1,2,and 3.Also complete ❑Agent l • ' • \ item 4 if Restricted Delivery is desired. ❑Addressee tr7 MAIL-no RECEIPT ■ EGEIPT Print your name and address on the reverse C, D e o Deliv insurance Coverage PrOvid—ed) so that we can return the card to you. Received by(Pri ted e) / If Co • Coverage Q' .• Only; ■ Attach this card to the back of the mailpiece, �7_/� �2/ � Le(` l m r`- , or on the front if space permits. es tEr m , D. Is delivery address different from em 17Kw ti 1. Article Addressed to: If YES,enter delivery address below: I E"' Ir PECtI lM�!Y�1'19u8 Gn, i Postage $ $0.41 rHAMp ro Postage., $ 0.41C3 cy V /a'fit Certified Fee ¢` m p $2.b5 2� Certified Fee $" 05 � _ _A„ L. (i5 .c E3 rCll'O d v;� `�•�/ I C3 Return Receipt Fee A��ast rk O Return Receipt Fee 5 (Endorsement Required) $2.15 Ji r(FIS O (Endorsement Required) ,7.1J ' f (j.Z Ltd. J�-�` S%• 3. Service Type C3 Restricted Delivery Fee ' Certified Mail ❑Express Mail pr (Endorsement Required) $0•00 `) O Restricted nt Required) equire) ft1 (Endorsement Required) • �, l/ ❑Registered ❑Return Receipt for Merchandise I O ❑Insured Mail ❑C.O.D. I Total Postage&FeesLn frl $�. �4/�/ U$Q S I Total Postage&Fees $�5.21 +�©�� Sent To i-n Sent To DELIVERYI a ----- • • • COMPLETE M1 Street,Apt. o.: y ---- ,,,SENDER: PO Box No. �.Y_ = Street Ap•No.; / �/ or PO Box No. p A. Signature- W airy a ■ Complete iter6s'1=;.2,and 3.Also complete ❑Agent I ziP+ ' /1 --------------------- item-4 if Restricted Delivery is desired. Q X � � ❑Addressee I � e,�IP+4 G �G I ■ Print your name and address on the reverse r _ so that we Can return the card to you. B. Received by Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliv4 address different item 17l.Yes 1. Article Addressed to: If YES,enter delivery ad s elow: pj ae 91 Postal-ServiceTM c1l CERTIFIED WAILT. RECEIPT co A I d • , ",' 3. Service Type .. N N�`� i Q' nly;No Insurance Coverage m .• • . ,. OWN ertified Mail ❑Express I, `I Elf IA ��1 � r ❑Registered ❑Return Receipt for Merchandise ri • / ! A, ❑Insured Mail ❑C.O.D. � C t. � € Postage $ $4.41 Er TC2 $0.41 ^ � � Postage $ I I� Certified Fee ED Retum Receipt Fee 42.65 05 r� Certified Fee • • • DELIVERY I C3 (Endorsement Required stm Postmark • • I C3 Restricted Delivery Fee c /ar�p p `JI O q SECTIONTHIS ) $2.15 � efn `�+uU � Return Receipt Fee $2•155 APR-H?, _ • A. ure r—E Agent I (Endorsement Required) ■ Complete items 1,2,and 3.Also complete m (Endorsement Required) y Y Addressee $0.00 p ResVlcted Delivery Fee $0•Q0 item 4 toif itetricted Delivery is desired. p �� o-. (Endorsement Required) ■ Print your name and address on the reverse Total Postage&Fees � s3 Sp S C. Date of Delivery I I $�•21 /�?/ U ftil Q� so that we can return the card to you. cei a by(P' N ) I I Sent To O Total Postage&Fees $ •21 44 i 5 ■ Attach this card to the back Of the mailpiece, �©Yes ---._ _ __ . �p ent �� 1 " — l a `� s Or on the front if space permits. p, Is delivery address differen I item 1 I � !vti� A4. A ❑No I f� SVeet,Apt No.; l� 0115 If YES,enter delivery addres below: I I or PO Box No. ----- ----- ---- 1. Article Addressed to: \, �'---City,State,Z/P+¢ � Sfreet,-Apt.No.; -- I - � ---------------- or PO Box No, --------------------------- City.State,ZlP+4 3 �-S� a&/7 r, �' v• 3. Se ice Type I ,�9 Certified Mail ❑Express Mail sT/n��iovi �I .� 1931 ❑Registered ❑Return Receipt for S Merchandise ❑Insured Mail ❑C.O.D. ' Extra Fee) ❑Yes I I 4. Restricted Delivery?( i 2. Article Number I (Transfer from service label) ° 102595-o2-M-1540 r :Domestic Retum Receipt V 'I PS Form 3811;February 2004 --- s y ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -----------------------------------------------------X v11 In the.Matter of the Application of AFFIDAVIT l ' OF SIGN C ��,VItV POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 2� _ C) - -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) 1 I S�Y``�►"" l 'rc' `�- residing at an W6 t dEU _w�9 , New York, being duly sworn, depose and say that: On the 14 day of cat , ,Cw�L, 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 Ao l (Signature) Sworn to before me this XVA day of /r-Vt(- , 2009 Matthew D. Ivans Notary Public of New York otary Public) No. Ol IV6053859 Qualified in Suffolk County . Commission Expires January 22, 2011 *near the entrance or driveway entrance of my property, as the area most visible to passersby. RECENED AERIAL PHOTOGRAPH of the KENIN Property O APPEAL Situate: 420 Lakeview Terrace; East Marion;Town of Southold, New York - SCTM #: 1000-o31-o9-o1 1 -- n w n= a .. �' � i:4.`_ �, .. ^�.1 " mn,'x ,ik� .,:: " . vma. ., .. �,. m, i^,�;, �:... m "' r.'. :.sij �', ♦ ��.�"� �,;; f ,.r r - ,... _ " °^ ,G^ .._ r' k • t j w ,,,..: y`, ...-.� v ».:o,�' wP=b. .. .. : >. � Y.. i x� p i... � ¢�axk�', .A - �� .y „ . ` Y s e •x 4 � 13, 41 k' - _ r $ ,�yMf'� > A i•�.� �, � ._* � ! �' � �"� r:. a '". n1n. ;�� i�Y.�� gym, � 1 4 s x R Proposed Pfim. F. r Deck 1,4, Of Proposed s 3 if Pergola .� r F x , }# 'ice •` . . „' P . Proposed .►° ,.�,_ Covered Porch , T e � _ - k � ° -m t e 41 Proposed Stone Patio �j �. ,. • - - Ai' ° „ , L 1•. - , f.Y x `".Fa k4 « .sir `, . i• a. a d Aerial photograph indicating the conditions within the KENIN property, and the graphic Prepared by: SUFFFOLK ENVIRONMENTAL CONSULTING, INC. approximations of the proposed covered porch, rear deck, rear pergola and stone patio. Photo P.O. Box 2003; Bridgehampton, New York 11932 - (631) 537 - 5160 taken circa 2006. No scale. Date: March 26, 2008 KENINProperty Situate: 42o Lake View Terrace; East Marion; Town of Southold, NY SCTM#: l000- o31 - o9 - ol1 (Photos taken on April 4,2007) J Y t � yyy r ` F "I Photograph of subject property indicating the existing conditions thereon (i.e., single-family residential dwelling). Photograph taken from the Right-of-Way situated along the southwestern property boundary, facing northeast. L PR It �D OF APPEALS KENINProperty Situate: 42o Lake View Terrace; East Marion; Town of Southold, NY SCTM#: l 000- os i - 09 - o f 1 (Photos taken on April 4, 2007) pair Photograph of subject property indicating the existing conditions thereon (i.e., existing bulkhead). Photograph taken from the northern section of subject property, facing east, overlooking Marion Lake. RC�CEUVEDD APR 1 2008 BOARD OF APPEALS KENINProperty Situate: 420 Lake View Terrace; East Marion; Town of Southold, NY SCTM#: woo - osi - O9 - of i (Photos taken on April 4, 2007) Photograph of subject property indicating the existing conditions thereon (i.e., rear face of the existing dwelling). Photograph taken from the northern section of subject property, facing southeast. CEC[EUMED APR 1 ?OC BOAR! OF APPEALS KENINProperty Situate: 420 Lake View Terrace; East Marion; Town of Southold, NY SCTM#: 10OO- o31 - 09 - O11 (Photos taken on April 4, 2007) '�R t 4 1 TT L✓ t Photograph of subject property indicating the existing conditions thereon (i.e., rear face of the existing dwelling). Photograph taken from the southeastern section of subject property, facing west. APR 1 Btu ,nD OF APPEALS KENINProperty Situate: 42o Lake View Terrace; East Marion; Town of Southold, NY SCTM#: l000 - osi - 09 - of 1 (Photos taken on April 4, 2007) f '1 St Photograph of subject property indicating the existing conditions thereon (i.e., rear face of the existing dwelling). Photograph taken from the eastern section of subject property, facing southwest. APR BOAF.D OF APPEALS Wta Eo6 C g E s[e.ea.ozz •tADe DR. + SEE SEC.NO.022 *, s Fuz of-ode ME EEC.W. SEE SEC.NO.022 e H 1N F00'• WICH LN » MATCH LINE 16.1a - WTCH LWF „ >1 w 1120 : 11.23 u 5 z ;MATCH z?- Z21 •112A 1 1 f 11 / FOR PCL.N0. ^ 1.7A %6•.% \ SEE SEC.NO. nH 022-o3-018.22 't )A m 11.19 4 R P ,n 5 l0 �axH-Ml yjA A iysd 11.1e 1.A �r,so" 11.A - ) a ;ow*r or svFFolx 1H d n RsrnE m.rtr f �'• � �'° A 9 \ 2T � o.»a saur»x0 5' }> � +M1 `y�' '1 } 4°' TM-TY O r� 11.16- »n It 11' � N '26 I 11154 -N- Fa 1C� 2A i•'2e 32 s-A ' A 11S ) )6� " 2.5A 1.1AIcl Q 1.1 5 +} 6 20t% J1 2 y6Alc1 1.OA(cl 'w J n MAIN � „. » 16.6 17 18 19 ld*N i M 10.3 , e� y lvaF.r ,» t -l.0Alc1 )1•)) a 1„ + 1 2 F 9 /1 e nn 1 50.1 9 r 12 »1J a 6'lJ 4l /j p / e .5 5.1 0 3'-7-Qi/ 1 .>"` O ,�11'2 : 11! �y 1° 1°�1� +° z 11 T� ^q z.sA Q 1 °r ) to H 2.3A O 4' io2 `a 9- 12 » •� a i 14 7, „AIL le.l 3 I�� l� 1) 1111 1�•Of M1}�L d pF'' a11t� 2.1A B.46Id A,2 Q• 11 6• 4.3 ry 15.6A A.A O. d 4. suFFall rnl2rTrE.',H.,nOH wonH yQ•' } +' 5 "a�`0 ,L M1 Y 'ti WATER AUTHORITY 1e• PE rnr. 11.31 3AA t FOR PCL.NO. Y 1 O ° -P ♦b .,° 0 72 y'b SEE SEC.NO. 3,PA F 030-03-013 1.14 b 10 i 5 's 1.1N1c 5.4 F1.21 .y�J TOWN 6 SOUTHOLD )a 5.7 �/ m }} '�° +° 3•s+' b}' mxoEw'u[H lwci ) 0 t Jp s 12A a1j6 MARION LAKE 12 e r J a %�' w ' 'C' +, � � b t + � q• �b,+ `• a+;M1~ ,s 9 w+ Ca r F,y4 J r, I°2.1A O o ' ,,,+'' O, 'l a°�a 4 P •O © '¢ v +) + s Q'+ 5.9 INSERT A + 9+ '� .� s t�° •+ " '� Q• SCALE 1'•100' g 4 + + e MARION LAKE 6.2A(cl b• "o, S SoulHoLD2. b \ oFCH v.cE }y � � pry L9A M1 �'' $ •n, 2 .toAAIL1 16 _ 1.1 +•.` 28.6 • r n. V Y 0 2B.J i A 31.IA ^f M1 + � 8.6A 1.3A 3�,• M1b .O +�'», 12_ j1m J '• 1 ® ♦ i COUNTY OF FOLK y $"' t +" „ ..• �r I6.] +° ,k S , py =,LE HFH, it"I • iu P ��\ 321 h• •4o'yam}`� 1 ,. +M1, M1M1`L.M1 to�.. FOR 11,M. `L ryc,. v T+ \ W E _�_ . Es�.H A-RE" - fp °r�P.„E: wl PPOPEPt61 � NOTICE ` [� COUNTY OF SUFFOLK © K TOWH6 Izv n .,..,w --F-- o.ti.o ,u. -- -- TME MEo.HL HS1P r5: > °� `:> 50UTHOLD secTloN -��.�! D.4 D--+, Tnv Coruiro Ancnrs, v FAR UFORM NO. 3 NOTICE OF DISAPPROVAL � r,-"F APPEALS DATE: March 1 TO: Matt Ivans for . "°° M Kenin q�9 P 0 Box 2003 Bridgehampton,NY 11932 Please take notice that your application dated March 6, 2008 For permit for additions to an existing dwelling at Location of property: 420 Lake View Dr., E. Marion, NY County Tax Map No. 1000— Section 31 Block 9 Lot 11 Is returned herewith and disapproved on the following grounds: �he proposed deck.addition is not pennitted pursuant to Article XXIII Section 100-239 4B which states: All buildings or structures located on lots upon which a bulkhead... exists &which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead". The existing survey indicates the deck at approximately at approximately 30' u The covered deck addition on this nonconforming lot is not permitted pursuant to Article XXIII ection 280-124 which states that non-confonnin lots measurin less than 20,000 s . ft. require a P inimum front yard setback of 35'. An he surve indicates a proposed covered deck at approximately 30'. The lot coverage is less than the required 20%. !Authorized Si ng ature NYOOS-Rgon in d Sale teed with Covenant spumes ur'e,1ieoee Am Wvldaal"r Cotporad.(Single Sleet)(NYBTU Ma) CONSULT YOUR LAWYER BEFORE SIGNING TIIIs f musien--mos wsmume •r sHouLD BE t;sED BY LAWYERs ONLY i4 THIS INDENTURE,made the _ day of September ,in the year 2003 BETWEEN ARIF HUSSAIN and HINA A°HUSSAIN, his wife, residing at 380 Fifth Avenue, Troy, New York 12182, party of the first put.and. MICHAEL KENIN and KIM GIAMBRUNI—KENIN, his'wife;'; i8biding at 200 Eaat%End Avenue, New York 10128, party of the second part, WITNESSETH,that the party of the fast part,in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece orparcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold, County of Suffolk and State of New York, as described on Schedule "Alt attached hereto. Tax Map Dtxigaation Diet. 1000 031.00 RECOVZD BUL 09.00 APR 1 2008 oll.000 B®ARD OF APPEALS TOGETHER with all right,title and intereA if any,of the party of the first part of,in and to any streets and roads abutting the above-described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HA`8E AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the parry of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fiord to be applied fast for the purpose of paying the cost of the improvement and will apply the Paiute fast to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year flat above written. IN PRESENCE OF; ° v A R I Fy 11 US S IN A. HUSSAIN .� -7 USRA0W _:�1WLOWWMMNRWF0M&ASE0A%t: USEAOWKM'� - "FlDW=0JB'IsnEMVNEWY0MSrAJM0a State of New York.County of SUFFOLK )w: State of New York,Couzrty of SUFFOLK )EL Onthc of September indwyear 2003 On the day of September ifidwYmr 2003 beam= before ate. ARIF HUSSAI pet muy knW1 AU to me on the basis of sedsfincmry personally(mown to me or piuved to me on the basis of sa�mcy evidence to be the miliviftao whose uameOD is OW subscibed to the evidence to be the i rdwidual(g whose namew is 00 subscibed to the within its$IDna t and acknOwledged to no that heNWWwiecuted die within instrument and acknowledged to me diet hoWNWmeatited do same in hWVffMXqaciLXK and that by bWMW sWiauno on same in hiq="apaeiShotiument. and that by hisilfdE iKsigpmar an the iamrmt,ttn the indi eaeareviduaM�,re the pan upon behalf of which the the heshtnoert,tine or the person al btlelf of which the milivithma emit d the hstrument individualm awed.exeruvte ttllut.rar� p`tr ft2Notary Public Notary. Public 0ampqmula ar A a va n a towvrA7Rmtauntblsgll'hr,mvNEwYoRK&AtEt7xu: AaxwzwamwFamvAv aw0vm wAkwYawSmftr PVew York&&scribft wanes Adnowledgmear cenycate) (0&a ofSwe or Pa-1p Grenero►AcknoWe4mew Cenr-0) State of New York,County of )e.: ......................................... )aa.: • /Complete VeArewUhStau,Cormriy.PrvNneeor9f ►N! On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared thesubscn'bingwitness to the foregoing instrument,withwhom lam petsonallyatquainted,who,being by me duly swom,did depose and personally known to me or proved to me on the basis of satisfactory say that helshe/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscn1W to the within instrument and acknowledged to me that he/shehhey r(ftheplaceofms&mceisinariry,,inrluderhewesrandsftwnum6er,if executed thesemeinhis/bar/theircapacity(ies),that byhisiher/their any,thermfi; that hdshctthey know(s) 'signature(s)on the instrument,the individual(sl or the person upon behalfofwhich the individual(s)acted.executed the instrument,and to be the individual described in and who executed the foregoing that such individual made such appearance before the undersigned instrument; that said subscribing witness was present and saw said in the execute the same;and that said witness at the same time subscribed (Insert the city or other poikkal subdivision and the state or Country or his/her/their mune(s)as a witness thereto. other place the achwiv edginent was taken). BA RGA im&SALE DEED wrrH oVEV mAOARarnaAVWWSACIS TITLE NO. DISTRICT SECTION ARIF HUSSAIN and HINA A. HUSSAIN, BLOCK his wife, LOT TO COUMY OR TOWN MICHAEL KENIN and KIM GIAMBRUNI-KENIN,his wife. RECORDED Ar REQUEST oF Fidelity National Title Insurance Company of New York RETURN Brwa TO FIDE:Ln-iNATioNAL Tau INSURANCE PAUL A. CAMINITI, ESQ. Aft COMPANY OF NEW YORK P.O. BOX 846 VEME rNcae,munwroza SOUTHOLD, N.Y.11971 Mmbu New ratSmao bad MkAuoekdw ,y I l LLV LL O [7 Z — s �F-_00 WFDAm — LL in APR 1 2005 ' s ---p C,ld w BORR'D OFIAPPEALS Office Location: �. ply Mailing Address: arc Town Annex/First Floor,North Fork Bank y 53095 Main Road 54375 Main Road(at Youngs Avenue) � • P.O. Box 1179 Southold,NY 11971 4 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# Date: TOTAL NO.OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809(press 1 at voice recording) REFERENCE:: ❑URGENT 0 FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ Q ------ NOTES/COMMENTS: Please find attached copy/copies of the following: d C C r 4q-j04p ,DG /e Thank you. Sender's Initials: 1 ZU66NG BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq://southtown.northfork.net April 4 , 2008 Re: Town Code Chapter 55— Public Notices for Thursday, April 24, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before April 7th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ` area or other request, by CERTIFIED- MAIL,:-`kETURN ' 'RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you,may,want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 8": Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you, by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record.as proof of all Notices. 2) Not Later April 14th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior, to April 24, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. N o- Tlt. E oi= Ht:A :INS The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME M . KENIN ZBA # 6153 MAP # 31 -9- 1 7 VARIANCE FRONT YARD SETBACK r,EQUEST ADDITIONS TO DWELLING DATE : THURSv APR. 24"' - 1 0:55 A. M . 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 . BONING BOARD-TOWN OF SOUTHOLD 765= 1809 I � 4 Office Location: \� O�O$VFFO��`, USPS Mailing Address: OG Town Annex/First Floor,North Fork Bank �� yj 53095 Main Road 54375 Main Road(at Youngs Avenue) y 2 P.O. Box 1179 Southold,NY 11971 py Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 4, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6153 Owner/Applicant: Kenin, Michael Action Requested: Yard setback 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 B Encls. "foWif,,o.-Southold ZBA. �z App.�Na"rrte"--O_Tax Map . p File No. LC--IUn SE ; Board Member Michael A. Simon I listeSearch: r ", ` ..her , Hearing Time:- 3:26PM File.Number: 6153 Tax Ma �YY 31.-9-11 App..Name:.` KENIN, Michael Received,Date: 4/4/2008 jTot. Fees: 1`;$150.00tt ,. ' Hamlet East Marion Type Residential Zone ' Date forwarded'to"Town Clerk 4 4 2008 ., / _ Status 'New - _ Action: _ S Meeting Dates Building Dept: I Date ' Qate 1 4/1/2008 Location. , 420 Lake View Drive Meeting .: _ �.�3.N,D Short :f-�: ,- � Hearing Date„1 /24/2008 ' NDDate=2/10/2008 ( 1 Addition to existing sfd - 280-124; front yard f . Qesc ` setback shown at 30' ; 'Hearing Date 2�" ND Date "COPY Hearing.Date"3: 'ND Date 4 - �1 e LWRP (Trustees) 9/4/07 Hearing Date'4 ND Date 5 I. I"Notes Hearing;.Date 5 ND Date'"6 " s Action Date: 1 ND Date 7 { F4/2008' .� 3i 4 t'M I CAPS NUM'.t Developed b'y-the Southold T6ivh Data Processing.Department T QWN, O SU' HOLD PROPERTY RECORD CARD ;''OWNER S ET � -�/ o, VILLAGE DIST. SUB. LOT c 'Aw :x ^'fl/, ) - 4;C,C r R n" �• , J-1 e) "FORMER'OWNER tc �1Ylrlq,. ', O 'Qtl, N x P E �o ACR. It-7A , -A_ - Z ' n' ' 131 '�' S ;''� !' } ` W Ga, "Q TYPE OF BUILDING RES '}.,`. SEAS. VL. FARM COMM. CB. MISC. /'Mkt. Value alto: I , Lt-m-ib Y IMP. TOTAL DATE REMARKS %+ - ® 2D-r O K iv e-, d 0 V-i ��' 4. L,��Bdd � �P' 'n 4, 'v A V / .22 s o l b 1�3G o a o. _D tv A Lb *Ayo. 1' ' ; Q -a;:o v ' ®c� ��. `� �.► �rl ��-U I� Oki av- '_� -$� ' . �® , ., � i• � � a (3C��1 � 1�1� ca o2 v-�I o�� i�C� �'ocx� ph 610- YG/COT&& "1611418y 14, &r. J3-423 • Co4s-it A,boue- �rowud too®/ EC., le$64 cce_ pum, /3o i N EW ' C5 0 `�{ l 3 C7- I C�,GL t�lJl L ('rid r FARM Acre Value Per , aloe " � 9 � 9� h Tillable 2I; r v�5 Tillable 3 VQn _7 oo�✓ 70.� j -r Uo-1_ Woodland q- -L - 5Irl •: �- n i►!1 • -7 boo Swampland FRO TAGE ON WATER -7,f Brushland FRONTAGE ON ROAD l9 d �D 0 House Plot DEPTH BULKHEAD g 200� _- Total �` ` DOCK np�O�F APPEALS t �;�?:�'�" .r`"�4�zri�f'`'.�"��s',�s� �\ � -��0. '�S:S,� a"' i•t �,_c�c}'•�, 3 gv.'cg'�` F viz= tg Y' 'r� i7, 1�� .r.'q`J,'��a ( _ �,`a.'V.,y1,"l"•=A e - - _ t, �� f a J -t '.`i—,'-�J�;� ice- OEM 0 - 31.-9-11 - - - s 31-9-11 3/03 wi Bldg. �- r;_ , E foundation Bath 11. Dinette �•- `_ :.. ;, - Floors K. Extension, (Icy.\' :._ �;y Basement, Lam°' = . - ��..f, Ext. W alls 'A Interior Finish' __ LR. 'Extension, _ �? ;) CQt - " ' emu 'Extension ,eFire Place �(�� Heat (� f� > �, '. DR. ,f , Type Roof s Rooms 1st Floor ✓ BR. 3 `� �� _ s 42ecreation Room Rooms 2nd Floor FIN. B. =' z \ ' 4s = �;90,00 ' f` Dormer , Parch= +` Breezewayt g, �� Driveway Garage l:Patl'OAC t Taal n i J ____,- _ - ....�..� _...c._.-:-_.,_�4..�,.�c_....._�.:..r s..�...'ii i_.�SG�:.[._2'r:e::fel:.t_w:_•i.s�s,� e'!_33.'._... .-__ .. .. .._�v. -...-• _ ___. _,. _.-_.- .,.�_ -..-___._,.._..___- ... _ - .. ....il