HomeMy WebLinkAbout6165 APPEALS BOARD MEMBER'' �OF so Mailing Address:
Gerard P. Goehringer, Chairman �p� �l0 Southold Town Hall
53095 Main Road•P.O. Box 1179
Ruth D. Oliva Southold,NY 11971-0959
James Dinizio,Jr. a Office Location:
Michael A. Simon O Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman �yCOUm�� 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS RECEIVED ,-
TOWN OF SOUTHOLD
�Q -�, , L4 ,�-
Tel. (631)765-1809•Fax(631)765-9064
JUL 3 1 2008
FINDINGS, DELIBERATIONS, AND DETERMIN .®A Town*rk
MEETING OF JULY 17, 2008
ZBA# 6165 - DANIEL and PASQUALINA BERKOWITZ , APPLICANTS
PROPERTY LOCATION: 3683 Pine Neck Road at Jockey Creek, Southold CTM 70-6-23
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category
of the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTSMESCRIPTION: The subject property is a non-conforming 28,191 square
foot parcel in the R40 District, measuring 122.83 ft. along Jockey Creek to the north, 130.94 ft.
wide along the southern boundary, 232.34 feet along the western boundary, and 222.99 feet along
the eastern boundary, and improved with a single family dwelling as shown on the survey by
Nathan Taft Corwin III, L. S., dated March 12, 2007.
BASIS OF APPLICATION: Request for a Variance under Section 280-116B, based on the
Building Inspector's April 11, 2008 amended Notice of Disapproval concerning a proposed
swimming pool with patio at grade and a proposed rear porch addition to the dwelling, both
proposed at less than 75 feet from the code-required minimum setback.
LWRP DETERMINATION: The Southold Town LWRP Coordinator has determined that the
proposed action is inconsistent with LWRP Policy standards regarding the protection and
restoration of the Town of Southold ecosystem for the following reasons:
The distance from the proposed patio to the wetland boundary(bulkhead)is 45 feet;the distance
from the proposed screened porch to the wetland boundary is 73 feet[74 according to the survey],
whereas the minimum setback distance of 100 feet is required pursuant to Chapter 275-3.
The LWRP Coordinator recommends that a minimum of 20 ft.non-turf, native vegetation buffer
landward of the wetland line be required.
The ZBA finds the proposed action CONSISTENT with LWRP review based on compliance of
the proposed action with the Town Wetlands Law, Chapter 275-3(1))(1)(a)(5), stating that the
minimum setback from the wetland boundary for a swimming pool and related structures is 50
feet. Establishment of non-turf buffer landward of the wetland, and installation of a pool drywell
landward of the Chapter 275 jurisdiction, sufficiently mitigates the setback requirement for the
pool and patio. A 49 ft. setback substantially complies with the requirements of Chapter 275-3.
Page 2—July 17, 2008
ZBA#6165—DANIEL and PASQuALINE BERKOWITZ
CTM 70-6-23
RELIEF REQUESTED: The applicant seeks a variance for the addition of a screened porch set
back 74 feet from the bulkhead, and an in-ground swimming pool, set back 49 feet from the
bulkhead, with an adjacent patio set back 45 feet from the bulkhead. The applicant proposes to
remove an above-ground swimming pool and replace it with an in-ground swimming pool.
REASONS FOR BOARD ACTION: On the basis of testimony presented,materials submitted and
personal inspections, the Board makes the following findings:
1. Town Law §267-b(3)(b)(3)(1). Grant of the setback variance with respect to the pool and patio
will not have an adverse environmental effect on the character of the neighborhood or be a
detriment to nearby properties. The LWRP's Coordinator's finding of inconsistency and stated
adverse environmental effect was based on the Chapter 280-116 requirement that upland
structures be set back 75 feet from the bulkhead.
Grant of the setback variance with respect to the screened porch will not have an undesirable
effect on the character of the neighborhood or be a detriment to nearby properties. A one-foot
reduction of setback for the proposed screened porch will not have an undesirable effect and bring
it into alignment with the existing attached deck.
2. Town Law §267-b(3)(b)(2). The benefit of an expanded in-ground pool cannot be achieved by
some method,feasible for the applicant to pursue, other than an area variance. There is no more
reasonable location for an in-ground pool than the location of the existing above-ground pool. The
new pool will be set back more than the existing pool. Only the deck, which an in-ground pool
typically requires, will result in a smaller setback than the existing above-ground pool requires.
A pool on this lot of any size would require a variance. With respect to the screened porch, the
only alternative would be a one-foot narrower porch that would bring it out of alignment with the
existing advantage without any attendant benefit to neighbors or environmental protection.
3. Town Law §267-b(3)(b)(3). The proposed setback variance for the pool and patio is not
substantial. It would require a 2 %reduction in setback required by the code, from 50 feet to 49
feet. The proposed setback variance for the porch is not substantial. Applicants request a one-
foot reduction in setback for that porch, from 75 feet to 74 feet.
4. Town Law§267-b(3)(b)(5). The need for a variance with respect the pool has been self-created,
but only to the extent that is a result of a decision to replace the existing nonconforming above-
ground pool with an in- ground pool.The need for variance with respect to the pool patio and the
screened porch was self-created.
5. Town Law §267-b(3)(b)(4). Locating a pool and patio 49 feet from the wetland boundary will
not have an adverse environmental effect. Construction of the screen porch will also not have a
negative environmental effect.
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 Member Weisman, and duly carried, to
GRANT the variances with respect to the pool and patio and porch addition, subject to the
CONDITIONS that:
Page 3—July 17, 2008
ZBA#6165—DANIEL and PASIavi-�LINE BERKOWITZ
CTM 70-6-23
1. Establishment of a minimum 20 foot wide non-turf, native vegetation buffer landward along
the entire length of the wetland line.
2. Installation of a pool drywell landward of the Chapter 275 jurisdiction.
That the above ZBA conditions be written into the Building Inspector's Certificate of Occupancy,
when issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any
current or future use, setback or other feature of the subject property that may violate the Zoning
Code, other than such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of n onformity.
Vote of the Board: Ayes:Members ehringer(C airm ,Dinizi , a,Simon, and Weisman.
This Resolution was duly adopt e (5-0).
and P. Goehringer, Chairman /i,7/2008
Approved for Filing
6'
00
No o,4
oZ
10
SURVEY Off' PROPERTY
� DRAINAGE SYSTEM C�ILCULATIONS:
f SITUATED AT
o ROOF AREA: 2,604 sq. ft.
2,604 sq. ft. X 0.17 = 443 cu. ft.
Iv �j 443 cu. ft. / 42.2 = 11 vertical ft. of 8' dia. leaching pool required PROVIDE (2) 8' dia. X 6' high STORM DRAIN POOLS
S U T LD
C-w Fy5 PROPOSED 8' DIA. X 6" DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS:
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
EXISTING LOT COVERAGE DATA S.C. TAX NO. 1 000 -70-06 -23
OVER UPLAND AREA
°o , S 85°40�00„ UIPLAND AREA = TOTAL LOT AREA - WETLAND AREA SCALE 1 "=20'
0 86 17 72' E UPLAND AREA = 26,607 sq. ff.
° '10„ E� o �� .
N 8211 13.52 S 80-57,39„ ' , E �M ,� DESCRIPTION AREA % LOT COVERAGE MARCH 12, 2007
JUNE 15, 2007 PROPOSED POOL
1,15 -7 E 49.731 N 10.59/ HRH �PSER 111k ,U,� HOUSE 2,2sa sq. ft. 8.5% SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE
Z l` ,` P10111G FLAGS PORCF 1s3 sq. ft. o.s% OCTOBER 30, 2007 ADDED PROP. PORCH & STEPS
I DECEMBER 14, 2007 REVISED NON-TURF BUFFER
� � ,IVc F1AG r
0 m ''` �C �NpWARD OMIT OF WET�NDS AS FLAGGED BY o�z MARCH 26, 2008 LATH PROP. POOL & ADD ADDITIONAL NOTES
pN AUGUST
13, zoo7 y.� O WOOD DECKS & STEPS sss sq. ft. 2.5%
o FLAG RIP-RAP' EN-CONSULTANTS, 4 o 86. , Oy POOL
0 331 sq. ft. 1.2%
00 / B T g.y
B.B.4.7 WOOD RETAINING WALL T.B. TOTAL AREA = 28,191 .10 sq. ft.
B.B. r.a�1 m� I T -! / /_ 3,414 sq. ft. 12.8%
T.B.�2 DOD ETAINING mm I //./ / /�� -� (TO TIE LINE) 0.647 qC.
m x ,WALL I� EL g� f o
E ( -�a
/ /T.13 /� _ ON /
/ /s I 0 X
p -L Z/� o
P
ROPOSED LOT COVERAGE DATA NOTES:
x-6. I I T e. OVER UPLAND AREA
JIPLAND AREA = TOTAL LOT AREA - WETLAND AREA
NON-TURF 1 . ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM
�0\ x� BUFFER
PROPOSED Im PROPOSED TEMPORARY UPLAND AREA = 26,607 sq. ft. EXISTING ELEVATIONS ARE SHOWN THUS:�?
I O I u PROJECT-LIMITING FENCE
o I� & ROW OF STAKED HAYBALES -12 DESCRIPTION EXISTING CONTOUR LINES ARE SHOWN THUS: - -5-
121 AREA % LOT COVERAGE
F.FL. - FIRST FLOOR
` _ _Is
X12.2 EXISTIAIG HOUSE 2,254 sq. ft. 8.5% G.FL. - GARAGE FLOOR
ly\ m o POOL.PROP05 D I ' I1 .7x�' PELAGE B.B. - BOTTOM.
- TOP OF BULKHEAD
x 12.9 PP.TIO PROPOSED L_ EXISTINIG PORCH 163 sq. ft. 0.6% M OF BULKHEAD
T. - TOP OF WALL
-t 4 B.w. - BOTTOM OF WALL
x SET LATH / .s EXISTINIG WOOD DECK 439 sq. ft. 1.6%
SET LATH POOL) -- x 2. FLOOD ZONE INFORMATION TAKEN FROM:
\ Ui 13.4 59.4' IE '_-_
\ 4 DL:;c';: : -J x -___- E/ PROPOSED POOL 778 sq. ft. 2.9% FLOOD INSURANCE RATE MAP No. 36103CO1 66 G
SET LATH r ;: ABBE PROPOSED SCREENED PORCH t8s s ft. 0.7%
(.. " EXIST. DECK ZONE AD BASE FLOOD ELEVATIONS DETERMINED
- GROUND POO q' ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN.
43.5' (ExIST. PO T ED PfzEE
14.3 -- N PO�`�.:..: '::..;..;. REMOV�D 16
x 7H ' O_�. ':.:.FOR ` G�P� 12' X 59, PROPCSED WOOD STEPS
SET LA �: ":.. wo /4 co�. N P/O EXIST. DEG 48 sq. ft. 0.2%
�� ::: u e STEPS
13.s.X. lam-.. 12) / PR Po 05ED TOTAL 3,870 s ft. 14.5% _�-itJ��L� VF0
.... / TO BED q• ` L/
WOOD 5TE1-5 l�o
v�7A hD RE WOOD DEC VT'05E N S
aDNC. u. , \ RE - y ' 2�3' �z CERTIFIED, _.TO_ APR 2 5 2CC7
-i 5ET LATH �-� -- - x]7.6
�a t o DANIEL BERKOWITZ
z t 16-" z78, 166 x 70.0' ��16' e' - 1s PASQUALINA BERKOWITZ
yr b n _ _--- BASEMENT FL. ,592 3.�' - � PECONIC ABSTRACT INC.
BOARD OF APPEALS
�zo 0 N� FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
r�
C,(7) �y�� FRAME HOUSE
t�
'0 a PROPOSED- 1 STORY DORMERS w n
POOL gc GARAGE WITH o
q7 y Z'C /
CZ Z7 / v h_ UNAUTHORIZED ALTERATION OR ADDITION
Z /
'n 1 5 1 F(L 29 2 x�$ TO THIS SURVEY IS A VIOLATION OF
/ 9'9 w 12.5' rn G.FL. i 1 SECTION 72 OF THE NEW YORK STATE
LA
EDUCATION LAW.
RO F-0VER 4 25.1' 20 COPIES OF THIS SURVEY MAP NOT BEARING
1 y x N . APR THE LAND SURVEYOR'S INKED SEAL OR
m. W 00 POACH EMBOSSED SEAL SHALL NOT BE CONSIDERED
16i
PROP. 7.5' WOOD STEP 22-7
1 OIL FILL CAP- v ° a r01; TO BE A VALID TRUE COPY.
4'DIA. x 4'DEEP w
/ I CONC. WALK °a. . r� ° 2
DRYyyELL . . \ � CERTIFICATIONS INDICATED HEREON SHALL RUN
FOR
211 ° ONLY TO THE PERSON FOR WHOM THE SURVEY
POOL- Bp�GIGWASH / / I o 21.03 V °a p IS PREPARED, AND ON HIS BEHALF TO THE
v TITLE COMPANY, GOVERNMENTAL AGENCY AND
o V a LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI-
TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
a. w
° y
0/ ° 0 �o THE EXISTENCE OF RIGHTS OF WAY
2 v. 'Z -22 AND/OR EASEMENTS OF RECORD, IF
ANY, NOT SHOWN ARE NOT GUARANTEED.
x21.6
v
- -_ RDAN WITH THE MINIMUM
cnA \ TANDARDS FOR TITLE S VEYS AS ESTABLISHED
= ° THE L.I.A.L.S. AND AP ROVED AND ADOPTED
n BY 0
om FOR SUCH USE BY�THE- W"YORIQSTATTE LAND
A�- AP
LE ASSOCIATIO . r `
FENCE ��vl��
W ° Ill
24 N _ ,
5.3 __
STOCKADE FENCE xN ®�C' '
139.54' SEE
4 WAY G
FENCE 24.2 ° FOUND PIPE C.0 �'�- 20' WIDE RIGHT OF
W I �a
4.6' UTILITY POLE 0.5•N• 0.4E � _
LIL 33132.2 - DATED-,
W74 50. .a ° a. Q 4 7
N o i - 24� ° a , v '° _ ° S 82'29'10n W _ -- - o
�11 vz / -_�° e 4.7 ° .94 - apO:
13Q �� �L4 N.Y.S. Lic. No. 50467
a'.
444
:5 82° 9'10 W - __ PIPED � Lathan Taft Corwin III
- 4. - - - Land Surveyor
v
_ --- - 0 F
FOUND ALAN/1/BAIN AD
PIPE LINDA MILLER BAIN -�1 cK Td
NlolF ER lr1 �T IH . Title Surveys - Subdivisions - Site Plans - Construction Layout
TAYLOR WERN 9� 1J,
MAJAMEW SCOTT TAYLOR 1� PHONE (631)727-2090 Fax (631)727-1727
JAMES
MEREDITH WERNER
OFFICES LOCATED AT MAILING ADDRESS
322 Roanoke Avenue P.O. Box 1931
Riverhead, New York 11901 Riverhead, New York 1 1901-0965
4
70'-0"
37'-6" 15-6" S-6" 6'-9" 1'-9"
(New Screened Porch) (New Landing) (New Stair)
V
10
PoRc�1
14'-8" 29'-4" f ;
N Built z W.M.
In Sink . LALlt�blZ i
Pantry ;n Y
i'
New " Dryer
queen—size Exl�- pe,
M�T� Dwl�.l� r---—� `� / �
bed shown !CL!02_T
DQPPJ4 i , a
I D W Ref. w MLV im
Milemeem;
00
I I
N�\v
�I 3683 Pine Neck Rd.
Ran e " c° �T Southold, N.Y. 11971
Q o
-- 10/25/07
IV�ict-I,a�L �crz�a �4�c�
5'-4" 3'-0" 5' 0" 3'-4" 3'-0" 25-0"
22'-8"
HALL
\\/ALJ( NE\v
o LxZTf4q _ Electric
IN I �AT�` Panel
CL. °° ; LNG Ex,�r Data
/' / T\V4—CAR Existing
— -n.
ARAC"� Exist'g First Floor Area = 1,677 sq. ft.
Aff
' I I Exist'g Second Floor Area = 1,137 sq. ft.
i� CL_ Exist'g Rear Deck Area = 440 sq. ft.
f � Proposed
• COT I I
NE\V CT Finished Cellar Area Proposed Pro
898 sq. ft.
/ _ Prop. Screened Porch Area = 178 s ft.
M,A�-r�R p -
.y: 00
Legend:
O '- N
LO
poza Proposed Addition
Proposed Renovation
First Floor Plan
APR 2 5 7^07 VIEVVE i) sY ZBA
BOARD OF APPEALS
e
APR 2 5 1007
FORM NO. 3 BOARD OF APPEALS
NOTICE OF DISAPPROVAL
DATE: January 23, 2008
RENEWED & AMENDED: April 11,2008
TO: Daniel &Pasqualina Berkowitz
133 Raymond Street
Darien, CT 06820
Please take notice that your application dated January 14, 2008 =(jig
f ' Q
For permit for construction of an in-ground swimming pool and rear porch at
Location of property: 3683 Pine Neck Road Southold
County Tax Map No. 1000 - S n lock 6 Lot 23
Is returned herewith and disapprov on the following grounds:
The proposed construction on this nonconforming 28,191 square foot lot in the R-40 District is not
permitted pursuant to Article XXII Section 280-116 B which states;
"All buildings located on lots upon which a bulkhead concrete wall riprap or similar structure
exists and which are adjacent to tidal water bodies other than sounds shall be set back not less
than seventy-five 75) feet from the bulkhead."
The proposed construction is noted as being+/- 50 feet from the bulkhead.
This Notice of Disapproval was written based on a survey last dated October 30 2007 by Nathan Taft
Corwin III LS.
horiz nat
Note to Applicant: Any chan or deviation to the above referenced application, may require
further review by the Southold n Building Department.
CC: file, Z.B.A.
Alm
For Office Use Only
Fee: $�t� Filed By: / yWCt b Date Assigned/Assignment No.
Office Notes: APR 2 5 2007
BOARD OF APPEALS
APPLICATION TO THE SOUTHOLD TOWN BOARD
Parcel Location: House No.3683 Street PINE NECK ROAD Hamlet SOUTHOLD
SCTM 1000 Section 70 Block6 Lot(s) 23 Lot Size28,190 S.F. Zone DistrictR-40
1 (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: APRIL 11,2008
Owner as Applicant: DANIEL&PASQUALINA BERKOWITZ
Mailing
Address:133 RAYMOND STREET,DARIEN,CT 06820
Telephone:631-765-8035 Fax:
NOTE:If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc.
Authorized Representative :EN-CONSULTANTS,INC
Address:1319 NORTH SEA ROAD SOUTHAMPTON,NY 11968
Telephone:631-283-6360 Fax: 631-283-6136
Please specify who you wish correspondence to be mailed to, from the above listed names:
❑Applicant/Owner(s) ®Authorized Representative ❑Other:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1/14/08
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 XXII Section 280- 116 Subsection B
Article Section 280- Subsection
Type of Appeal. An Appeal is made for:
R 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 0 has not been made with respect to this property UNDER Appeal
No. Year
Page 2 -
Owner:DANIEL&PASQUALINA BERkuwITZ n �
REASONS FOR APPEAL additional sheets may be used with a ]ic nt's si lnature :
AREA VARIANCE REASONS.
APR 2 5 2007
(1) An undesirable change will not be produced in the CHARA TER of the neighborhood APPEALS
detriment to nearby properties if granted, because: B'0 R� ��
SEE ATTACHED
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because:
SEE ATTACHED
(3)The amount of relief requested is not substantial because:
SEE ATTACHED
(4)The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
SEE ATTACHED
(5)Has the alleged difficulty been self-created? ()Yes, or()No.
SEE ATTACHED
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box()IF A USE VARIANCE IS BEING REQUESTED,AND LASE COMPLETE THE ATTACHED USE VARIANCE
SHEET:(Please be sure to consult your attorney.)
Signatu a Appellant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this 21ST ROBERT E.HERRMANN
day PSI- W U8 COASTAL MANAGEMENT SPECIALIST
No ary Ic
t;i':1H.STEPHE;iS
S1ai�ofiBcYo k
' Cor�SionNaSG1S931
Qua�dhS'�Coa
1. The granting of the requested relief for the proposed swimming pool will not cause any
change to the character of the community or even to the subject parcel, as a swimming
pool already exists on the subject property in the same location as the new pool is
proposed, except that the pool will be located approximately 2 feet farther from Jockey
Creek. With respect to neighboring properties,the granting of relief for the pool would
actually provide a benefit insofar as the elevated above-ground pool will be replaced with
an inground pool located at grade. The granting of approximately one foot of setback
relief for the addition of the proposed 12' x 16' screened porch, which will allow for
reasonable use of the room and its alignment with the existing attached deck(see also #2
below), is inconsequential to the character of the community or surrounding properties.
2. Due to the preexisting location of the above-ground swimming pool less than 75 feet
from wetlands,there is no feasible alternative location for the inground swimming pool
replacing it that would not require relief from Chapter 280 of the Town Code. There is
also no feasible alternative location for a 12' x 16' waterside screened porch that would
not require relief from Article XXII Section 280-116(B). Although a reduction in the
proposed 12-foot depth of the porch to 11 feet would obviate the need for such relief,
doing so would negatively impact the reasonable use of the already minimally sized porch
without providing any benefit to the public, community character, or adjacent
landowners, as the proposed screened porch would be aligned with the preexisting
seaward protrusion of the existing attached deck and situated farther from the retaining
wall and Jockey Creek than the existing pool and deck to be removed and proposed pool.
3. The relief requested for the proposed swimming pool is mathematically substantial (26
feet or+35%relief)but not substantial in fact, as the proposed pool will be set in the
same location as the existing swimming pool but approximately 2 feet farther from the
retaining wall. Moreover,the proposed pool replacement will improve the visual impact
of the accessory structure from the water to the extent that the existing elevated structure
will be replaced with a similar structure at grade. The 1 foot or 1.3%relief required for
the proposed screened porch is insubstantial by any measure.
4. The project will not have an adverse impact on the physical or environmental conditions
because there will not be any significant change in the developed nature of the property,
and as a result of the incorporated mitigation measures,there will be a net improvement
to the ecological condition of the site. Specifically, the proposed pool not only exceeds
the required setback for pools from wetlands set forth in Chapter 275, the new pool will
be located approximately 2 feet farther from the wetlands than the existing pool to be
removed. And as the screened porch will be aligned with the existing deck attached to
the waterside of the house,the porch will create no further structural encroachment on the
wetlands.
Moreover,though there will be an approximately 456 square-foot increase in lot coverage
as a result if the project,the nonturf buffer proposed adjacent to the wetlands and
extending up to the 8-foot elevation contour will result in the replacement of
approximately 2,640 square feet of lawn with native vegetation. This change, in addition
to the installation of a dedicated drywell for pool backwash and a drainage system of
drywells to capture and recharge roof runoff from the existing dwelling, will result in a
net improvement to water quality via a net reduction not only of the flow rate and volume
of runoff entering Jockey Creek but of the potential concentration of fertilizers,
fungicides, and other chemicals contained therein. The project as presently proposed was
granted Wetlands Permit 6775 by the Board of Town Trustees on 12 December 2007, and
the project is situated beyond the Tidal Wetlands jurisdiction of the New York State
Department of Environmental Conservation.
5. The need for variance relief for the pool is not self-created due to the preexisting
locations of the swimming pool and dwelling. The need for one foot of relief for the
proposed screened porch is self-created.
APR /�v5 or7
��
BOARD OF APPEALS
AUTHORIZATION
residing at 3 m ��•
(print owner of property) (maift address)
CT � � do hereby authorize En-Consultants, Inc.to apply
(town, state, zip)
for permit(s) from the Din 4—sa-464 26 on my behalf.
(municipality/dep ment)
(O 's signature)
OMEDD
APR 2 5 2007
BOARD OF APPEALS
AUTHORIZATION
(print er of property) (mailing dress)
C 02� � do hereby authorize En-Consultants, Inc. to apply
(town, state, zip)
for permit(s) from th_ C\ ')�1W 2'� on my behalf.
(municipality/department)
(Owner's sign(tore)
E
APR- 2 5 2007-
J
COUNTY OF SUFFOLK
JUN 2008
STEVE LEVY a0'4RO
SUFFOLK COUNTY EXECUTIVE OpAPpEA(S
DEPARTMENT OF PLANNING THOMAS S AICP
DIRECTOR OF PLANNING
May 28, 2008
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold,NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant(s) Municipal File Number(s)
Mooney/End of Road LLC 6013
Principi 6150
Seber 6156
Judge 6158
Swing 6158
Ferrara 6160
Santiago 6161
McLaughlin 6162
Young 6163
Berkowitz 6165
Kalas 6166
Jeffries 6167
Juul-Nielsen 6168
Sendlewski 6169
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 1 1788-0099 TELECOPIER (631) 853-4044
OFFICE LOCATION: gi SI�,o 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 G Telephone: 631 765-1938
' • �O Fax: 631 765-3136
COMM
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM
To: Gerard Goehringer, Chair
Members of the Zoning Board of Appeals rRi ECER E�
From: Mark Terry, Principal Planner
LWRP Coordinator JUN 1 /6/I
6'L 1�.�
Date: June 16, 2008 BOAR® OF APPEALS
Re: Request for a Variance D & P Berkowitz
ZBA#6165
The purpose of this memo in addition to recommending a consistency determination is to
clarify the LWRP review process as it relates to applications reviewed by the Zoning
Board of Appeals and the Board of Trustees.
The proposed action which 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
from LWRP review pursuant to § 268 of the Southold Town Code.
Policy 6: Protect and restore the quality and function of the Town of Southold
ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
The setback from the proposed free form pool to the wood retaining wall (bulkhead) is 49
feet and the proposed distance from the screen porch to the proposed screened porch is 74
feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building
setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L.
No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-19931
"B. All buildings or structures located on lots upon which a bulkhead, concrete wall,
riprap or similar structure exists and which are adjacent to tidal water bodies other than
sounds shall be set back not less than 75 feet from the bulkhead.... "
Please require that the applicant amend the application to meet the above policy to the
greatest extent possible.
.................................................
pit
a
e°
s
a
x
., ..... _•.c:._: ...,.k ...,,c..>,.. oir. ocwa n:d[
Figure 1. Berkowitz Residence
It is important to note that the Board of Trustees issued a consistency determination on
December 12, 2007. The consistency determination, although, important due to the
mitigative measures imposed in the decision making, does not satisfy with § 268-5.
Review of actions, item F. of the Southold Town Code which states:
F. Upon recommendation of LWRP Coordinator, the designated agency shall
consider whether the proposed action is consistent with the LWRP policy
standards summarized in§268-1 herein. Prior to making its determination of
consistency, the designated agency shall consider the consistency
recommendation of the LWRP Coordinator. The agency shall render a written
determination of consistency based on the CAF, the LWRP Coordinator
recommendation and such other information as is deemed necessary to its
determination. No approval or decision shall be rendered for an action in the
coastal area without a determination of consistency. The designated agency
will make the final determination of consistency. The Zoning Board ofAppeals
is the designated agency.for the determination of consistency.for variance
applications subject to this chapter. The Zoning Board ofAppeals shall
consider the written consistency recommendation of the LWRP Coordinator in
the event and at the time it makes a decision to grant such a variance and
shall impose appropriate conditions on the variance to make the activity
consistent with the objectives of this chapter.
The language in the latter part of the section indicates that the Zoning Board of Appeals
"is the designated agency for the determination of consistency"; the language also gives
the Zoning Board of Appeals authority to impose conditions on the variance, stating that
the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to
make the activity consistent with the objectives of this chapter". The objectives of the
chapter refers to the determination of consistency relative to an proposed action meeting
the thirteen LWRP policies.
Based upon the above the Board of Trustees interaction with joint reviews with the
Zoning Board of Appeals is as a commenting board on the proposed action. This
structure is similar to the Zoning Board of Appeals and Planning Board process, where
the Planning Board issues comments to the Zoning Board of Appeals on applications.
Finally,the Zoning Board of Appeals should impose mitigative conditions (if applicable)
in the decision making process so that the proposed action meets or furthers the thirteen
policies of the LWRP.
Pursuant to Chapter 268,the Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action. Please contact me with any questions.
Cc: Southold Board of Trustees
Patricia Finnegan, Town Attorney
Kieran Corcoran, Assistant Town Attorney
-Scott Hilary, LWRP Coordinator
OFFICE LOCATION: �OF SO(/lyO MAILING ADDRESS:
Town Hall Annex '`� l0 P.O. Box 1179
54375 State Route 25 l�L Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) N
Southold NY G Telephone: 631 765-1938
' � a0 Fax: 631765-3136
OUNTI
LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR
TOWN OF SOUTHOLD
MEMORANDUM ( E D
D
To. Jim King, President
Town of Southold Board of Trustees DEC 10 2007
From: Mark Terry, LWRP Coordinator 4��
Principal Planner Board o Board cfold Town
Trustees
Date: December 10, 2007
Re: Wetland Permit for DANIEL & PASQUALINA BERKOWITZ
SCTM#70-6-23
DANIEL &PASQUALINA BERKOWITZ request a Wetland Permit to remove the
existing above-ground swimming pool and deck, and construct an in-ground swimming
pool and patio; construct 12'X 16' screened porch addition partially in-place of existing
deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer;
and install apool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck
Rd., Southold. SCTM#70-6-23
The proposed pool has been reviewed to Chapter 268, Waterfront Consistency Review of
the Town of Southold Town Code and the Local Waterfront Revitalization Program
(L)ffRP) 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 CONSISTENT with
the denoted following Policy Standards and therefore is CONSISTENT with the LWRP.
The proposed patio and screened porch have 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
1. Comply with Trustee regulations and recommendations as set
forth in Trustee permit conditions.
The distance from the proposed patio to the wetland boundary
(bulkhead) is 45 feet; the distance from the proposed screened porch to
the wetland boundary is 73 feet; a minimum setback distance of 100 feet
is required pursuant to Chapter 275-3.Findings; 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 the following best management practices (BMP's) are
recommended:
1. Require a minimum 20' non-turf,native vegetation buffer landward of the
wetland line.
The BMP's will further Policies 5, Protect and improve water quality in the Town of
Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below).
D. Provide adequate buffers between wetlands and adjacent or nearby uses and
activities in order to ensure protection of the wetland's character, quality,
values, and functions.
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
05/29/2008 10:54 631727316 USDA NRCS PAGE 02/02
COUNTY OF SUFFOLK
Steve Levy
SUMGLX Comm =MauTIVE
SOIL AND WATER Thomas J. McMahon
CONSERVATION DISTRICT DISMaCT MANAGER
BAX: (631)727-3160 (631)727-2315
May 29, 2008
Gerard P. Goehringer, Chairman
Southold Town Board of Appeals
53095 Main Road, P.O. Sox 1179
Southold, NY 11971-0959
RE: ZBA Ref No 6165 (Berkowitz)
Dear Chairman, Goehringen
As per your request a site investigation was conducted at 3683 Pine Neck Road in
Southold (SCTM#1000-7-6-23). This site is the location ;For the proposed in-ground
sv6mming pool and rear porch. No natural resource concerns were found at the site.
The subject properly slopes towards Jockey Creek and is in permanent grass cover.
Every effort should be made during construction to minimize soil disturbance and
maintain or re-establish vegetative cover.
Should you require further information or have any questions please do not hesitate to
contact me at the number ab�
Be re r s,
Sharon Frost
Soil District Technician
Cornell Cooperative ENtennion 5uilding * 423 Griffing Ave�n.ue * Riverhead, NY 11901
/I
James F. King, President ��OF SOUT�o Town Hall
Jill M. Doherty,Vice-President �� l0 53095 Route 25
P.O. Box 1179
Peggy A. Dickerson
Southold,New York 11971-0959
Dave Bergen n
'�' • �O Telephone(631)765-1892
Bob Ghosio,Jr. �Ol`�,��UNTI Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
December 12, 200710�1�DD
APR 2 5 2007
Mr. Robert E. Herrmann
MCP/�5
EN-Consultants, Inc. BOARD OF APPEALS
1319 North Sea Road
Southampton, NY 11968
RE: DANIEL & PASQUALINA BERKOWITZ
3683 PINE NECK ROAD, SOUTHOLD
SCTM# 70-6-23
Dear Mr. Herrmann:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, December 12, 2007 regarding the above matter:
WHEREAS, En-Consultant, Inc. on behalf of DANIEL & PASQUALINA BERKOWITZ
applied to the Southold Town Trustees for a permit under the provisions of Chapter 275
of the Southold Town Code, the Wetland Ordinance of the Town of Southold,
application dated November 15, 2007, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory
Council and to the Local Waterfront Revitalization Program Coordinator for their findings
and recommendations, and,
WHEREAS, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront
Revitalization Program to the greatest extent possible through the imposition of the
following Best Management Practice requirements: a non-tun` buffer from the 8'
elevation contour.line extending seaward, and
WHEREAS, a Pudic Hearing was held by the Town Trustees with respect to said
application on December 12, 2007, at which time all interested persons were given an
opportunity to be heard, and,
2
WHEREAS, the Board members have personally viewed and are familiar with the
premises in question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 275 of the
Southold Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the
health, safety and general welfare of the people of the town,
NOW THEREFORE BE IT,
RESOLVED, that for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that.the Board of Trustees approve the application of DANIEL &
PASQUALINA BERKOWITZ to remove the existing above-ground swimming pool and
deck, and construct an in-ground swimming pool and patio; construct 12' x 16' screened
porch addition partially in-place of existing deck, steps, and walk to be removed, and
construct new steps; establish a non-turf buffer; and install a pool drywell landward of
Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8'
elevation contour line extending seaward, and as depicted on the survey prepared by
Nathan Taft Corwin III, Land Surveyor, last dated December 14, 2007, and received on
December 17, 2007.
Permit to construct and complete project will expire two years from the date the permit
is signed. Fees must be paid, if applicable, and permit issued within six months of the
date of this notification.
Inspections are required at a fee of$50.00 per inspection. (See attached schedule.)
Fees: $ 50.00
Very truly yours,
James F. King
President, Board of Trustees
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500t'S.
WAR
;4'!rl,,.c''Li
BOARD OF SOUTHOLD TOWN TRUSTEES
SOUTHOLD, NEW YORKl'.
,, ,► j PERMIT NO. 6775 DATE: DECEMBER 12, 2007
1�dp ISSUED TO: DANIEL & PASOUALINA BERKOWITZ
} ; PROPERTY ADDRESS: 3683 PINE NECK ROAD, SOUTHOLD
SCTM# 70-6-23
• 1
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter I I I of the Town Code of the Town of
/ Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
December 12, 2007, and in consideration of application fee in the sum of$250.00 paid by Daniel&Pasaualina '
Berkowitz and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of '
Trustees authorizes and permits the following: 0!y
Wetland Permit to remove the existing above-ground swimming pool and deck, }
`i and construct an in-ground swimming pool and patio; construct 12' x 16' screened
porch addition partially in-place of existing deck, steps, and walk to be removed, and
p, construct new steps; establish a non-turf buffer; and install a pool drywell landward of ,
Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 3.
8' elevation contour line extending seaward and as depicted on the survey prepared b ('
g � P� YP P Y
_ Nathan Taft Corwin III, Land Surveyor, last dated December 14, 2007, and received on �
December 17, 2007.
a IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, i
1 and these presents to be subscribed by a majority of the said Board as of this date.
y
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►!/r�i/ it1 .r --. i I N e C�/I! 1 > ., ► :/1 111��'yt .��� 11 �� Q�1 111 1 1 9 ` S1 tl 1 �h .
..:: .Y � 'Pi'- ejs�9yp� } �•:!J.� .�.� s♦�:!°� yl0:e.r°y
SOUTHOLD.
TRUSTEE S.
0DoJ1id f 74"gN4if10.
Issued T0 -a��k�;�z Date ,
A aaress 3�$3�; �,��O . s��,old
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: 765-1892
TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you have or need the fi lg,before applying?
TOWN HALL n i Board of Health
SOUTHOLD,NY 11971 " 4 sets of Building Plans
TEL:(631)765-1802 Planning Board approval
FAX:(631)765-9502 (, ; JAN 1 4 _ J Survey
SoutholdTowmNorthFork.net PER NO. Check
Septic Form
— ° N.Y.S.D.E.C.
! Trustees
w...�.-..__..„...�..a.-c.T:
-`r -.-•- Flood Permit
Examined 120 Storm-Water Assessment Form
Contact:
Approved 20 Maii to:
Disapproved a/c 1
—T— Phone:
Expiration 120
e
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date ,20—Oy
INSTRUCTIONS
a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans,accurate plot plan to scale.Fee according to schedule.
b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas,and waterways.
c.The work covered by this application may not be commenced before issuance of Building Permit.
d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the
property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an
addition six months.Thereafter,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,Ordinances or
Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The
applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signal a bf ap licant or name,if a corporation)
rnory- S o-����. C I U6 S >
(014ailing address of applicant)
State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder
p hell
Name of owner of premises 1 I � � � b
(As on the Ax 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 lamd,7which progosed.work will.be done:
House Number Street Hamlet
County Tax Map No. 1000 Section D7 0O v Block d b C::' Lot ��b
Subdivision Filed Map No. Lot
2. State existing.:--:nd occupancy of premises and intended use and o :ancy of proposed construction:
a. Existing use and occupancy
b. Intended use and occupancy
la
}��r�
3. Nature of work(check which applicable):New Building Additio Tf� C LI Alteration
Repair Removal Demolition Other Work 5�iYri
(Dese ' ion)
4. Estimated Cost Fee
(To be paid on filing this application)
5. If dwelling,number of dwelling urtits Number of dwelling units on each floor
. If garage, number of cars
6. If business,commercial or mixed occupancy,specify nature and extent of each type of use.
7. Dimensions of existing structures,if any:Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction:Front Rear Depth.
Height Number of Stories
9. Size of lot:Front Rear Depth
10.Date of Purchase Name of Former Owner E1401_V1d 16S
11.Zone or use district in which premises are situated
12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO
13.Will lot be re-graded?YES NO Will excess fill be removed from premises? NO
.�
14.Names of Owner of premisxn%=,i-12____Address t3S:0) �� Phone No. Z
l Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES I✓NO
*IF YES,SOUTHOLD TOWN TRUSTEES&,D.E.C.PERMITS MAY BE REQUIRED.
b.Is this property within 300 feet of a tidal wetland? *YES _.- NO
*IF YES,D.E.C.PERMITS MAY BE REQUIRED. u `
16.Provide survey,to scale,with accurate foundation plan and distances to property lines. �� Y�Y1 rl
17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey.el� fvGs�S=c I } ✓Y
18.Are there any covenants and restrictions with respect to this property?*YES NO
*IF YES,PROVIDE A COPY. 0"
STATE OF NEW YORK)
SS:
C TY OF UM l Cr
S Y LU V 3 i"1 being duly sworn,deposes and says that(s)he is the applicant
(Nam f individual signing contra�ct')'abovc cd,
ntiyt+(S)He.is the to r
(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.
S before me thisr-
day o 20
r
Notark P lic MELANIE DOROSKI ' atur of Applicant
NOTARY PUBLIC,State of New York
No.01 D04634870
Gualified in Suffolk County
Commission Expires September 30, t
Im
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:DANIEL&PASQUALINA BERKOWITZ Date Prepared: APRI 21,200 5 2007
1. For Demolition of Existing Building Areas
Please describe areas being removed: EXISTING ABOVE-GROUND POOL AND A J19 PLEA .S
DECK TO BE REMOVED IN FAVOR OF INGROUND POOL AND MASONRY PAT '
OF EXISTING DECK ATTACHED TO HOUSE TO BE REMOVED IN FAVOR OF PROPOSED SCREENED
PORCH.
11. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: +/-12'X 16' SCREENED PORCH
Dimensions of new second floor: N/A
Dimensions of floor above second level: N/A
Height (from finished ground to top of ridge): 17'-6"
Is basement or lowest floor area being constructed? If yes,please provide height (above ground)
measured from natural existing grade to first floor: N/A
111. Proposed Alterations or Interior Structural Changes without enlargement/extension
(attach extra sheet if necessary)-Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: ONE-STORY FRAME HOUSE WITH
DORMERS&ATTACHED GARAGE AND DECK;ABOVE-GROUND SWIMMING POOL.
Number of Floors and Changes WITH Alterations: ONE-STORY FRAME HOUSE WITH DORMERS AND
ATTACHED GARAGE,DECK,AND SCREENED PORCH;INGROUND SWIMMING POOL.
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: 3,414 S.F.
Proposed increase of building coverage: 456 S.F.
Square footage of your lot: 28,191 - 1,584(WETLANDS)=26,607 S.F.
Percentage of coverage of your lot by building area: +/-14.5%
V. Purpose of New Construction Requested: REPLACEMENT OF ABOVE-GROUND SWIMMING
POOL WITH INGROUND POOL AND ADDITION OF SCREENED PORCH FOR RECREATION ON
WATERSIDE OF EXISTING DWELLING.
VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the
difficulty in meeting the code requirement(s): THE LAND CONTOURS SLOPE GENTLY FROM
ROAD TOWARD JOCKEY CREEK AND ARE IRRELEVANT TO THE NEED FOR VARIANCE RELIEF.
Please submit seven (7) photos, labeled to show all yard areas of proposed construction after
staking corners for new construction),or photos of existing building area to be altered (area
of requested changes).
7/2002; 2/2005; 1/2007
Ill0
MEMORANDUM15AR
To: Gerard Goehringer, Chair
Members of the Zoning Board of AppealsFrom: Mark Terry, Principal Planner ®LWRP Coordinator _—
Date: June 16, 2008
Re: Request for a Variance D & P Berkowitz
ZBA#6165
The purpose of this memo in addition to recommending a consistency determination is to
clarify the LWRP review process as it relates to applications reviewed by the Zoning
Board of Appeals and the Board of Trustees.
The proposed action which 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
from LWRP review pursuant to § 268 of the Southold Town Code.
Policy 6: Protect and restore the quality and function of the Town of Southold
ecosystem.
6.3 Protect and restore tidal and freshwater wetlands.
The setback from the proposed free form pool to the wood retaining wall (bulkhead) is 49
feet and the proposed distance from the screen porch to the proposed screened porch is 74
feet; a minimum setback of 75 feet is required by Article XXIII. & 280-116. Building
setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L.
No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-19931
/ , /%3
"B. All buildings or structures located on lots upon which a bulkhead, concrete wall,
riprap or similar structure exists and which are adjacent to tidal water bodies other than
sounds shall be set back not less than 75 feet from the bulkhead.... "
Please require that the applicant amend the application to meet the above policy to the
greatest extent possible.
i'
'w
.,Q
F:I.L[9..i.r:. .t Grivd� t.,ia:: . ... CndraiC.nJi......Da.e o.rri.;' A .u. ::>t(ifl,, ai.ciiiiil. i .•-ne:lL
Figure 1. Berkowitz Residence
It is important to note that the Board of Trustees issued a consistency determination on
December 12, 2007. The consistency determination, although, important due to the
mitigative measures imposed in the decision making, does not satisfy with § 268-5.
Review of actions, item F. of the Southold Town Code which states:
F. Upon recommendation ofLWRP Coordinator, the designated agency shall
consider whether the proposed action is consistent with the LWRP policy
standards summarized in§268-1 herein. Prior to making its determination of
consistency, the designated agency shall consider the consistency
recommendation of the LWRP Coordinator. The agency shall render a written
determination of consistency based on the CAF, the LWRP Coordinator
recommendation and such other information as is deemed necessary to its
determination. No approval or decision shall be rendered for an action in the
coastal area without a determination of consistency. The designated agency
will make the final determination of consistency. The Zoning Board oL,4ppeals
is the designated agency for the determination of consistency for variance
applications subiect to this chapter. The Zoning Board oLAppeals shall
consider the written consistency recommendation of the LWRP Coordinator in
the event and at the time it makes a decision to ant such a variance and
shall impose appropriate conditions on the variance to make the activity
consistent with the objectives of this chapter.
The language in the latter part of the section indicates that the Zoning Board of Appeals
"is the designated agency for the determination of consistency"; the language.also gives
,�, s
I
the Zoning Board of Appeals authority to impose conditions on the variance, stating that
the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to
make the activity consistent with the objectives of this chapter". The objectives of the
chapter refers to the determination of consistency relative to an proposed action meeting
the thirteen LWRP policies.
Based upon the above the Board of Trustees interaction with joint reviews with the
Zoning Board of Appeals is as a commenting board on the proposed action. This
structure is similar to the Zoning Board of Appeals and Planning Board process, where
the Planning Board issues comments to the Zoning Board of Appeals on applications.
Finally, the Zoning Board of Appeals should impose mitigative conditions (if applicable)
in the decision making process so that the proposed action meets or furthers the thirteen
policies of the LWRP.
Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action. Please contact me with any questions.
Cc: Southold Board of Trustees
Patricia Finnegan, Town Attorney
Kieran Corcoran, Assistant Town Attorney
Scott Hilary, LWRP Coordinator
� 3V
� r
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I . A II applicants for perm its' including Tow n of Southold agencies, shall coin plete this C C A F for
proposed actions that are -subject to the Town of Southold W aterfront Consistency Review Law , This
assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in
in a k in g a d e t e r m in a t i o n of c o n s is le n c y , *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus, each answer must be explained in detail, listing both supportinZ and non-
supportin facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's website
(southoldtown.northfork.net) the Board of Trustees Office the epartz a 11 loc
libraries and the Town Clerk's office. h��u`�
B. DESCRIPTION OF SITE AND PROPOSED ACTION
APO 25 23�1
S C T M# 70 - 6 _ 23
PROJECT NAME DANIEL&PASQUALINA BERKOWITZ BOARD CyCyr APPEALS
The Application has been submitted to (check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital ❑
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy) ❑
(c) Permit, approval, license, certification:
Nature and extent of action:
REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK,AND CONSTRUCT INGROUND SWIMMING POOL
AND PATIO; CONSTRUCT 12'X 16 SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS,
AND WALK TO BE REMOVED,AND CONSTRUCT NEW STEPS;ESTABLISH A NONTURF BUFFER;AND INSTALL A
POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION,ALL AS DEPICTED ON THE SITE PLAN PREPARED BY
NATHAN T. CORWIN III,LAND SURVEYOR, LAST DATED OCTOBER 30,2007.
Location of action: 3683 PINE NECK TOAD, SOUTHOLD
Site acreage: 0.647
Present land use: RESIDENTIAL, ONE-FAMILY DWELLING
Present zoning classification:R-40
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant:DANIEL&PASQUALINA BERKOWITZ
(b) Mailing address: 133 RAYMOND STREET
DARIEN,CT 06820
(c) Telephone number: Area Code 631-765-8035
(d) Application number, if any:
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?
C. Evaluate the project to the following policies by analyzing how the project will further support or not
support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
❑Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP
Section III - Policies Pages 3 through 6 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
® Yes ❑ No ❑ Not Applicable
THE PROJECT IS CONSISTENT WITH POLICY 3 INSOFAR AS IT SHALL ESTABLISH A NONTURF BUFFER TO BE
PLANTED WITH NATIVE VEGETATION INPLACE OF AN EXISTING,MAINTAINED LAWN AREA UP TO 10 FEET
LANDWARD OF AN EXISTING RETAINING WALL AND 8 FEET ABOVE MEAN SEA LEVEL,THUS RESTORING AND
PRESENTING A MORE NATURAL APPEARANCE ALONG THE SHOREFRONT.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
® Yes ❑ No ❑ Not Applicable
THE PROJECT WILL RESULT IN THE PROTECTION AND IMPROVEMENT OF WATER QUALITY AND THUS BE
CONSISTENT WITH POLICY 5 VIA THE FOLLOWING INCORPORATED MITIGATION MEASURES:
1)ESTABLISHMENT OF A NONTURF BUFFER UP TO 35 FEET LANDWARD OF THE SURFACE WATERS OF JOCKEY
CREEK;
2)I.NSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE
EXISTING DWELLING STRUCTURE;AND
3)INSTALLATION OF A POOL DRYWELL DEDICATED TO CAPTURING POOL BACKWASH.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
®Yes ❑ No ❑ Not Applicable
THE'PROJECT WILL BE CONSISTENT WITH ICY 6 DUE TO THE INCORPORATED N 3ATION AND PROTECTIVE
MEASURES OUTLINED ABOVE. IN ADDITION, A PROJECT-LIMITING FENCE AND STAKED HAYBALES WILL BE
INSTALLED ABOVE THE 10-FOOT ELEVATION CONTOUR DURING CONSTRUCTION TO CONTAIN ANY SITE
DISTURBANCE DURING CONSTRUCTION. WITH RESPECT TO THE PROJECT'S COMPLIANCE WITH TRUSTEES AND
NYSDEC LAWS AND REGULATIONS,THE SWIMMING POOL EXCEEDS THE WETLANDS SETBACK SET FORTH IN
CHAPTER 275 BY 7 FEET;THE PORCH ADDITION WILL BE 82 RATHER THAN 100 FEET FROM WETLANDS BUT
PARTIALLY IN PLACE OF AND IN LINE WITH THE EXISTING DECK AND THUS ENCROACH NO FURTHER UPON THE
WETLANDS;AND THE WORK HAS BEEN EXEMPTED FROM THE DEC's TIDAL WETLANDS JURISDICTION DUE TO ITS
LOCATION LANDWARD OF 10-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No® Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
❑ Yes [—] No® Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
• Policy 10. Protect Southold's water-de , dent uses and promote siting of n water-dependent uses in
suitable locations. See LWRP Section I. Policies; Pages 47 through 56 for c,—.uation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62
through 65 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
❑ Yes ❑ No ® Not Applicable
PREPARED BY TITLE COASTAL MGMT SPECIALIST DATE 11/9/07
ROBER RRMANN
Amended on 811105
s
14.16-4(9/95)—Text 12
PROJECT I.D. NUMBER 617.20 S E QR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only R,� C,E0WED
PART I — PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
lr�
1 APPLICANT/SPONSOR: DANIEL&PASQUALINA 2.PROJECT NAME
BERKOWITZ BY EN-CONSULTANTS,INC. APR 2 FJ 2007
3 PROJECT LOCATION:
Municipality SOUTHOLD County SUFFOLK
4 PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc, or provide map) �i A F'5 L
3683 PINE TREE ROAD, CUTCHOGUE,TOWN OF SOUTHOLD;SCTM#1000-70-6-23
5. IS PROPOSED ACT O
® New Expansion ❑ Modification/alteration
6 DESCRIBE PROJECT BRIEFLY:
REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK,AND CONSTRUCT INGROUND SWIMMING POOL
AND PATIO;CONSTRUCT 12'X 16'SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK,STEPS
AND WALK TO BE REMOVED,AND CONSTRUCT NEW STEPS;ESTABLISH A NONTURF BUFFER;AND INSTALL A
POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION,ALL AD DEPICTED ON THE SITE PLAN PREPARED BY
NATHAN T.CORWIN III,LAND SURVEYOR,LAST DATED MARCH 26,2008.
7. AMOUNT OF LAND AFFECTED
Initially 28,191 S.F. acres Ultimately 28,191 S.F. acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes ®No If No,describe briefly
9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
®Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park Forest/Open space ❑Other
Describe:
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
®Y e s ❑N o If yes,list agency(s)and permit/approvals
DEC, SOUTHOLD TRUSTEES
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
®Yes ❑No If yes, list agency name and permit/approval
NYS DEC LETTER OF NON-JURISDICTION#1-4738-03771/0001 AND SOUTHOLD TRUSTEES#6775
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
❑Yes ®N o
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
A p p l is a n t/sponsor n a m e ROBE T E HERRMANN,COASTAL MANAGEMENT SPECIALIST D A T E APRIL 21,2008
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
i r
PART II- ENVIRONMENTAL ASSESSMENT be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes.coordinate the review process and use the FULL EAF
[I 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 bV another involved agency.
❑Yes O 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 or quantity. noise levels.existing traffic patterns. solid waste production or disposal
potential for erosion.drainage or flooding problems!Explain briefly:
C2.Aesthetic,agricultural.archaeological, historic,or other natural or cultural resources:or community or neighborhood character?Explain briefly:
C3.Vegetation of fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly:
C4.A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly,
C5.Growth,subsequent development.or related activities likely to be induced by the proposed action?Explain briefly.
C6. Long term.snort term, cumulative.or other effects not identified in CI-05?Explain briefly.
C7 Other impacts(including Changes in use of either quantity or type of energy)?Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes El No
E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
El 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; (c)geographic scope; and (f) magnitude. if necessary. add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If-
question D of Part 11 was checked yes,the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration.
❑ Check this box it you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Name ot LeaaAgency
Print or I ype Name 01 Responsible Officer in Leacl Agency I itle of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer(if di Brent from responsible officer)
ae
2
GEC�G�M�D
QUESTIONNAIRE -
FOR FILING WITH YOUR Z.B.A. AP ICAT)[�( 2 5 2�Q01
A. Is the subject premises listed on the real estate market for sale. BOARD OF APPEALS
❑Yes ®No
B. Are there any proposals to change or alter land contours?
®No El Yes,please explain on attached sheet.
C. 1) Are there any areas that contain sand or wetland grasses?YES
2) Are these areas shown on the map submitted with this application?YES
3) Is the property bulkheaded between the wetlands area and the upland building area?
YES
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction?YES Please confirm status of your
inquiry or application with the Trustees: WETLANDS PERMIT NO.6775,ISSUED 12/12/07.
and if issued,please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? NO
E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting?NO (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
F. Do you have any construction taking place at this time concerning your premises? NO
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe;
G. Do you or any co-owner also own other land close to this parcel?NO If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel RESIDENTIAL,ONE-FAMILY DWELLING WITH POOL
and proposed use NO CHANGE
(exa� les:existing:single-family;proposed:same with garage or pool,or other description.)
Authori a 'gnature and Date 2i05; 1i07
ROBERT E.HERRMANN
COASTAL MANAGEMENT SPECIALIST
`w
APPLICANT
TR.uvJACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessM to-avoid same.
YOUR NAME: av1 l� �� �.i C �l'Y_L_ �"�""y
(Last name,first name,middle initial,unlA you are applying in the name
of someone else or other entity,such as a company. If so,indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance �
Variance
Special Exception
If"Other",
name the activity:
Change of Zone ,��,� „
Approval of Plat
Exemption from Plat
or Official Map APR 2 5 2007
Other
Do you personally,(or through your company,spouse, sibling,parent,or child) 50ARAWW AP PIE!AL5
with any officer or employee of the Town of Southold? "Relationship" ,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5%of the shares.
YES NO "
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D(below)and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
A)the owner of greater than 5%of the shares of the corporate stock
of the applicant(when the applicant is a corporation);
B)the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C)an officer,director,partner,or employee of the applicant; or
D)the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted-, ..::,:• .�.� day of
Signatur .
Print Name: U'r—L f-�w� -
�,7i
AV-
1319 North Sea Road
Southampton, New York 11968
^^ 631-283-6360
136
EN-CONSULTANTS, INC. wwwenr-onsultant 6com
ENVIRONMENTAL CONSULTING
June 23,2008
Gerard P. Goehringer, Chairman EN
Board of Appeals ;� �
Town of Southold
P.O.Box 1179 N 2 6 2008
Southold,NY 11971
Re:Daniel and Pasgualina Berkowitz,App.No.6165 ARA OF:qilF@�iLS
Dear Mr. Goebringer:
I am in receipt of a memorandum to you from Mark Terry dated June 16,2008,which though not copied to the
applicants,was forwarded to me by Linda Kowalski of your office. In addition to advising you pursuant to
§268-5(F)that the Board of Appeals must make its own consistency determination independent of that
previously issued by the Board of Trustees,Mr.Terry uses this memorandum to offer his recommendation that
the proposed action is"inconsistent"with the LWRP. Although we could have offered the Board a response to
this consistency recommendation in a public forum had it been offered prior to the public hearing held on May
29t',I now offer the following response for your consideration.
Although it is recommended that the Board deem the project as proposed inconsistent with Policy 6.3 ("Protect
and restore tidal and freshwater wetlands"),this recommendation appears to be based solely upon the fact that
the project does not meet the 75-foot zoning setback from the existing retaining wall on the property as required
by §280-116(B). Basing an inconsistency recommendation only upon the project's failure to meet this setback
is tenuous,however,as every application seeking variance relief from this section of the code fails to meet the
required 75-foot setback. That is,if it is recommended that any one project be deemed inconsistent with the
LWRP for this reason alone,then all such projects before the Board of Appeals could be deemed inconsistent
with the LWRP,and it is clearly not the intent of Chapter 268 to have the Board determine that all projects
failing to meet a particular section of code be considered"inconsistent"with the policies of the LWRP. Rather,
the stated purpose of Chapter 268 pursuant to §268-2(B)is to"provide a framework for agencies of the Town of
Southold to incorporate the policies and purposes contained in the Town of Southold Local Waterfront
Revitalization Program(LWRP)when reviewing applications for actions ...within the coastal area; and to
assure that such actions...are consistent with the LWRP policies and purposes."
To that end, §268-5(C)requires that the applicant submit with its application for an action a Coastal Assessment
Form(CAF),which was submitted with our variance application more than two months ago to address the
project design, its incorporated mitigation measures,and its consistency with the applicable LWRP policies,
including Policies 3, 5,and 6(copy enclosed). Section 268-5(D)then requires that"within 30 days following
referral of the CAF,"the LWRP Coordinator shall render a written recommendation as to whether"the proposed
action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall
elaborate in writing the basis for its opinion...[and]...make any suggestions to the agency concerning
modification of the proposed action, including the imposition of any conditions,to make it consistent with
LWRP policy standards and objectives or to greater advance them."
Regardless of its timeliness,the consistency recommendation here is supported by no such elaboration or basis
as to why the project should be deemed inconsistent with the policy of protecting tidal wetlands aside from its
failure to comply not with a wetlands setback but with a zoning setback; and it provides no recommendations as
to how the project could be modified aside from meeting the setback to the greatest extent possible. Because it
is therefore difficult to know whether the project design(e.g., increase in preexisting pool setback,minimization
of porch addition to maintain preexisting dwelling setback)or incorporated mitigation measures(e.g.,proposed
nonturf buffer,proposed drainage system,proposed pool drywell)have been taken into consideration,I will
provide as comprehensive a response to the consistency recommendation as I can.
With respect to the maximization of the proposed setback,the narrative submitted with our variance application
and our dialogue during the public hearing addressed how the proposed setback has already been maximized to
the greatest extent reasonably and practicably possible given the preexisting site conditions, including the facts
that the setback of the new swimming pool would improve upon the preexisting pool setback and the porch
addition would remain in line with the rear deck and thus only 12 inches less than the required 75 feet from the
retaining wall. Therefore,I will not reiterate those discussions herein. I will,however, elaborate the basis for
our position the project as presently designed is in fact consistent with Policy 6.3.
Section III of the LWRP sets forth the purpose and goals of each program policy as well as standards by which
proposed actions should be measured when determining whether an action will be consistent with those
purposes and goals. Policy 6.3 in particular details six(6)standards for achieving consistency with the purposes
of the policy of protecting and restoring freshwater wetlands,which are examined as follows:
A. Comply with statutory and regulatory requirements of the Southold Board of Trustees laws and
regulations for all Andros Patent and other lands under their jurisdiction: Although set back 49 feet
from the retaining wall,the proposed swimming pool is set back more than 50 feet from the delineated
tidal wetlands boundary and is thus in compliance with the Town Wetlands Law, §275-3(D)(1)(a)(5).
In addition to rendering a determination that the project is consistent with the LWRP policies;the Board
of Trustees issued Wetlands Permit No. 6775 to authorize the project pursuant to the Town Wetlands
Law on December 12,2007. The project is therefore consistent with this policy standard.
B. Comply with statutory and regulatory requirements of the State's wetland laws: Tidal Wetlands Letter
of Non-Jurisdiction No. 1-4738-03771/00001 was issued by the New York State Department of
Environmental Conservation to authorize the project pursuant to the New York State Tidal Wetlands
Act on February 27, 2008. The project is therefore consistent with this policy standard.
C. Prevent the net loss of vegetated wetlands according to the following measures: 1)Avoid placement of
fill in or excavation of vegetated wetlands;2)Minimize adverse impacts resulting from unavoidable fill,
excavation, or other activities by a) reducing scale or intensity of use in order to limit incursion into
wetland areas and b)designing projects to result in the least degree of adverse wetland impacts;and 3)
Provide compensatory mitigation for adverse impacts which may result from unavoidable fill,
excavation, or other activities remaining after all appropriate and practicable minimization has been
accomplished:The project entails no fill in, excavation of,or incursion into vegetated or other wetland
areas and will therefore not result in the net loss of vegetated or any other wetland area; and the
establishment of the nonturf buffer in place of existing lawn will provide a protective and potentially
restorative function for the adjacent wetlands by decreasing the volume and increasing the quality of
upland runoff through increased absorption and filtering of chemicals and sediments,respectively. The
project is therefore consistent with this policy standard.
D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to
ensure protection of the wetland's character, quality, values, and functions:.The location of the
proposed swimming pool would increase the preexisting setback between the wetlands and swimming
2
pool to one that complies with the required minimum wetlands setback for swimming pools set forth by
§275-3(D)(1)(a)(5); and an approximately 2,640 square-foot nonturf buffer to be planted with native
coastal plantings will be established in place of existing lawn,up to the 8-foot elevation contour and as
much as 25 feet landward of the delineated tidal wetlands boundary,which will provide the protective
and restorative wetland function described above. The project is therefore consistent with this policy
standard.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: The
existing buffer area between the developed portion of the property and wetlands will be increased by
increasing the wetlands setback of the swimming pool as described above; and this area will be
enhanced through establishment of a formalized 2,640 square-foot nonturf buffer to be planted with
native coastal plantings,which will provide the protective and restorative wetland function described
above. The project is therefore consistent with this policy standard.
F. Restore tidal wetlands and freshwater wetlands, wherever practical, to foster their continued existence
as natural systems: There is no practicable or appropriate opportunity as part of this variance
application to reconstruct or to chemically or biologically alter or manipulate the conditions of the
adjacent,naturally occurring wetlands,but the buffer area adjacent to these wetlands will be protected
and enhanced and provide the protective and restorative wetland function described above. The project
is therefore consistent with this policy standard.
It is noteworthy that while two of these six standards make reference to compliance with the statutory and
regulatory requirements of the Town and State Wetlands Laws,none of the standards references compliance
with the requirement of the Town Zoning Code that upland structures be set back 75 feet from shoreline
structures. And unlike the Town Zoning Code,which more than 15 years ago established a uniform 75' setback
requirement for all upland structures from shoreline structures,the Town Wetlands Law in 2005 specifically
distinguished swimming pools from primary structures by requiring that pools meet a lesser setback of 50 feet
and dwellings a greater setback of 100 feet from the wetland boundary. Therefore, it cannot be ignored during
your consistency review that whatever its setback from the on-site retaining wall,the proposed swimming pool
complies with the required setback of 50 feet from the wetland boundary set forth by Chapter 2 75-3(D)(1)(a)(5).
The significance of this compliance with the Town Wetlands Law and the role of the Board of Trustees in
issuing consistency determinations and wetland permits is explicitly emphasized not only by the language of the
policy standards as described above but also by the introductory language of Policy 6.3,which states that the
"Town Board of Trustees has local expertise in the management of the Town's wetlands [and] the following
policy standards recognize that local expertise and judgment must be given priority."
Therefore,while Mr. Terry opines that the Trustees' role in its joint reviews with the Zoning Board of Appeals
on the proposed action is merely as a commenting board,I respectfully suggest that while §268-5(F)may
rightfully designate the Board of Appeals as the consistency review agency for variance applications,the Board
should prioritize the Trustees'judgment as directed by the LWRP when making a consistency determination on
variance applications that relate to wetland setbacks unless it has specific and scientifically defensible cause to
believe that the Trustees' consistency determination is unfounded.
And in this case the Trustees issued a determination of consistency and a wetlands permit for the project based
on its overall design,mitigation measures,and expected environmental impacts,which the Board of Appeals can
consider as summarized in the"Reasons for Appeal"section of our variance application. To wit,the project will
not have an adverse impact on the physical or environmental conditions of the site because there will not be any
significant change in the developed nature of the property, and as a result of the incorporated mitigation
measures,there will be a net improvement to the ecological condition of the site. Specifically,the proposed
3
pool not only exceeds the required setback for pools from wetlands set forth in Chapter 275,the new pool will
be located approximately 2 feet farther from the wetlands than the existing pool to be removed. And as the
screened porch will be aligned with the existing deck attached to the waterside of the house,the porch will
create no further structural encroachment on the wetlands. Moreover,though there will be an approximately
456 square-foot increase in lot coverage as a result if the project,the nonturf buffer proposed adjacent to the
wetlands and extending up to the 8-foot elevation contour will result in the replacement of approximately 2,640
square feet of lawn with native vegetation. This change,in addition to the installation of a dedicated drywell for
pool backwash and a drainage system of drywells to capture and recharge roof runoff from the existing
dwelling,will result in a net improvement to water quality via a net reduction not only of the flow rate and
volume of runoff entering Jockey Creek but of the potential concentration of fertilizers,fungicides,and other
chemicals contained therein.
As a final consideration that I noted during the public hearing,if the easterly adjacent neighbors—whose
property is not improved with a shoreline structure—were to apply for and receive a wetlands permit for a
similarly situated swimming pool,they would not require relief from the Board of Appeals to build that
structure. Similarly, if the applicants did not have or were to remove their retaining wall,then zoning relief for
their proposed structures would not be necessary,and the LWRP Coordinator would thus presumably have been
able to recommend that the project be found consistent with the LWRP. It is problematic that two identical
projects on two adjacent properties could require such substantially different regulatory reviews within the same
Township based solely on the presence of a shoreline structure. This is significant for the Board of Appeals to
consider when making both its consistency and variance determinations because whereas strict application of the
wetland setback required specifically for swimming pools by the current Town Wetlands Law can produce
consistency in the locations of pools with respect to wetlands and thus consistency in the character of the
neighborhood—regardless of whether those wetlands are fronted by a shoreline structure—strict application of
the structural setback required by Section 280-116(B)cannot because it arbitrarily treats bulkheaded and
unbulkheaded shorefront properties unequally.
Therefore,based on all of the foregoing, it is the applicant's position that the project as proposed with its
incorporated mitigation measures be determined by the Board of Appeals to be consistent with Policy 6.3 and all
other applicable LWRP policies. Should you have any questions or wish to discuss the above further,please
feel free to contact me at your earliest convenience. Otherwise,we thank you for considering our response and
look forward to the Board's decision on our application.
Respec lly yours,
Robert E.Herrmann
Coastal Management Specialist
cc: Daniel and Pasqualina Berkowitz
James King,Chairman,Board of Trustees
Patricia Finnegan,Town Attorney
Lori Hulse,Town Attorney
Mark Terry,LWRP Coordinator
Scott Hilary,LWRP Coordinator
4
1319 North Sea Road
Southampton, New York 11968
^^ 631-283-6360
3- 6
EN-CONSULTANTS, INC. www.enconsult nt com
ENVIRONMENTAL CONSULTING
June 2, 2008
Gerard P. Goehringer, Chairman ECEWM`' D
e,
Board of Appeals
Town of Southold
JUN �003 3
P.O. Box 1179
Southold,NY 11971
BbAR® '®F APPEA'L�'
Re: Daniel and Paspualina Berkowitz,Any.No. 6165
Dear Mr. Goehringer:
As we discussed after last week's public hearing on the captioned application, it was brought to
my attention after the hearing that the applicants might wish to reconstruct(in-kind and in-place)
what would be the remaining 12' x 37' portion of attached deck adjacent to the proposed porch
addition if the Board were to grant the relief necessary to construct the porch. Although the
work would entail only an in-place replacement of an existing structure, approximately half the
deck would be located 74 feet—or one foot less than the required 75 feet—from the existing
retaining wall and thus require additional approval from your Board.
For the purpose of saving both the applicants and the Board from the additional time and cost
associated with another variance application for the one foot of relief that would be necessary to
replace the deck,we hope and respectfully request that if the Board grants the relief necessary to
construct the porch addition,your decision include the additional relief necessary to replace the
deck adjacent to the porch. Given the lack of any public objection or comment on the other
relief requested, it is prudent to expect that there would be no public interest in the in-place
replacement of the existing deck. Of course, if the Board is willing to do incorporate such
additional relief,we would submit a survey/site plan revised accordingly and obtain amended
wetlands approval from the Board of Trustees prior to filing for a Building Permit.
Should you have any questions concerning this request,please let me know, else I thank you in
advance for your consideration and look forward to your decision.
Resp ctfully yours,
Robe E. Herrmann
Coastal Management Specialist
cc: Daniel and Pasqualina Berkowitz
'o � -
.'k
APPEALS BOARD MEMBERS Of so yo Mailing Address:
Gerard P. Goehringer, Chairman p l0 Southold Town Hall
53095 Main Road-P.O. Box 1179
Ruth D. Oliva Southold,NY 11971-0959
James Dinizio,Jr. G • 0 Office Location:
Michael A. Simon O a� Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman �y"Outm,� 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
June 3, 2008
En-Consultants, Inc.
1319 North Sea Road
Southampton, NY 11968
Re: Public Hearing #6165 - Your 6/2/08 Letter to Amend Berkowitz Application
Dear Mrje�mann:
Following the hearina of the variance under Appeal No. 6165 held on May 29, 2008,
you have asked members to consider the owners' wish to amend their application for
demolition of the existing 12' by 37' deck and reconstruction in place. As of today, It does
not appear that you have made an inquiry through the Building Inspector for the changes
and this would be correct procedure to follow.
In the event the Building Inspector says that a variance is necessary, then the only
procedure permitted by law for ZBA relief (amendments included) would be to follow the
same appeal procedure that was followed under the first appeal.
Please let us know how you wish to proceed with the current application, and
whether or not the building Inspector will be requiring additional variance relief under Code
Section 280-116B. Thank you.
Very truly yours,
��Gerard P. Goehringer
Chairman
Page 1 of 1
Pam, 40
" D s a ? �
K walski, Linda
From: Larry Jungblut Uajungbl@optonline.net]
Sent: Tuesday, May 27, 2008 10:24 AM
To: Kowalski, Linda
Subject: ZBA Hearing 5/29/08 Berkowitz#6165
May 27, 2008
To: Southold Town Zoning Board of Appeals --
Although I do not own property immediate adjacent to Daniel and Pasqualina Berkowitz, I did receive a certified
mailing concerning their hearing as my property is only 30 feet west of their property and is noted on their survey
for SCTM 1000-70-06-23.
1 am in favor of granting them a waiver so that they can remove the above the ground pool and install an inground
pool. My concern is that the present(above ground) pool has or will shortly be near its end of lifetime. A major
rupture of the pool could possibly cause considerable runoff onto my property along with a major runoff into
Jockey Creek.
Although the proposed pool and patio rear yard setback is less than 75 feet from the code required setback, it is
does not affect any property to their rear as their property is on Jockey Creek and does not affect other property
owners.
For these reasons, I support the Berkowitz's request for a variance.
Sincerely,
Jan L. Jungblut
3295 Pine Neck Road
PO Box 489
Southold, NY 11971
5/27/2008
1319 North Sea Road
Southampton, New York 11968
M 631-283-6360
EN-CONSULTANTS, INC. wwwenconsultant co3m
ENVIRONMENTAL CONSULTING
April 21,2008
Southold Town Zoning Board of Appeals
53095 Main Road
P.O.Box 1179
Southold,NY 11971
Attn.: Linda Kowalski
Re: Daniel and Pasqualina
3683Pine Neck Road
SCTM#1000-70-6-23
Dear Ms.Kowalski:
Enclosed are(8)sets of the following for your review:
1. Notice of Disapproval.
2. Zoning Board of Appeals application including:
a. Questionnaire.
b. Applicant's Project Description.
c. Transactional Disclosure Form.
d. Letter of Authorization;
3. Environmental Assessment Form;
4. Property card;
5. Survey/site plan;
6. Floor plan;
7. NYSDEC Tidal Wetlands Letter of Non-Jurisdiction;
8. Town Trustees Wetlands Permit;
9. Photographs;
10. Local Waterfront Revitalization Program Consistency Assessment Form;
11. Application fee of$400.00.
I trust this information shall allow you to process our request. Should any additional information be required,
please do not hesitate to contact our office.
Sinc e ,
Robert E.Herrmann
Coastal Management Specialist
Enc.
1319 North Sea Road
Southampton, New York 11968
^^ 631-283-6360
3- 6
EN-CONSULTANTS, INC. wwwenconsultant com
ENVIRONMENTAL CONSULTING
April 21,2008
Mark Terry,LWRP Coordinator
Planning Board,Town of Southold
P.O.Box 1179
Southold,NY 11971
Re: Berkowitz,3683 Pine Neck Road,Southold—Addendum to LWRP Consistency Assessment Form
Dear Mr.Terry:
Attached please find an LWRP Consistency Assessment Form that is being submitted to you in connection with an
application being concurrently submitted to the Board of Zoning Appeals. You will note that this same document was
delivered to and reviewed by you in November 2007 in association with a Wetlands Permit application submitted to the
Board of Trustees for the same work. Since you originally reviewed this document, however, the site plan was revised at
the request of the Trustees to increase the size of the buffer area landward to the 8-foot elevation contour, effectively
replacing approximately 2,640 square feet of lawn with native vegetation. Based on this change,the Trustees deemed the
application consistent with the LWRP and issued Wetlands Permit No. 6775 for the project on December 12,2007.
Should you have any questions regarding this matter,please do not hesitate to contact me.
Respe lly yours,
Robert E.Herrmann
Coastal Management Specialist
cc: Linda Kowalski,Board of Zoning Appeals
New York State Department of Environmental Conservation Division of
Environmental Permits, Region One
Building 40 -SUNY, Stony Brook, New York 11790-2356
Phone: (631) 444-0365 • FAX: (631)444-0360
Website: www.dec.state.ny.us
LETTER OF NON JURISDICTION TIDAL WETLANDS ACT
February 27, 2008
Daniel Berkowitz
133 Raymond Street
Darien, CT 06820
Re: Application#14738-03771/00001
Berkowitz Property
3683 Pine Neck Rd. APR 2 5�2�C7
Southold, N.Y. 11968 J(�5
SCTM#1000-70-6-23 BOARD OF APPEALS
Dear Mr. Berkowitz:
Based on the information you have submitted, the Department of Environmental Conservation
(DEC) has determined that the property landward of the 10' elevation contour line, as shown on
the survey prepared by Nathan Taft Corwin dated 3/12/07, last revised on 10/30/07, is beyond
Tidal Wetlands Act (Article 25)jurisdiction. Therefore, in accordance with the current Tidal
Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required.
Be advised, no construction, sedimentation, or disturbance of any kind may take place
seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit.
It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or
other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction
which may result from your project. Such precautions may include maintaining adequate work
area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20'wide
construction. area) or erecting a temporary fence, barrier, or hale bay berm.
Please note that this letter does not relieve you'of the responsibility of obtaining any necessary
permits or approvals from other agencies or local municipalities.
Sincerely,
Laura Scovazzo
Permit Administrator
cc: En-Consultants, Inc., BMHP, file
DOE so
ELIZABETH A. NEVILLE �0� y�. 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 �li�'COU '� southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 29, 2008
RE: Zoning Appeal No. 6165
Transmitted herewith is Zoning Appeals No. 6165 of Daniel& Pasgualina Berkowitz-the
Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter
from En-Consultants, Inc. listing the following: Questionnaire,Applicant's Project Description,
Applicant Transactional Disclosure Form,Notice of Disapproval, Copy of Application for
Building Permit with Disapproval,Authorization Letter from Dan Berkowitz to En-Consultants,
Inc. to represent him in this matter,Authorization Letter from Pasqualina Berkowitz to En-
Consultants, Inc. to represent her in this matter, Short Environmental Assessment Form, 1 Page
of Property Card, Survey Showing Proposed Changes Prepared by Nathan Taft Corwin III, Land
Surveyor, Floor Plans Showing Proposed Additions and Proposed Renovations Prepared by
Michael Macrina Architect, P.C., Letter of Non-Jurisdiction Tidal Wetlands Act from New York
State DEC, Board of Town Trustees Wetlands Permit with Survey, 4 Photos of Property, LWRP
Consistency Assessment Form,
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 4/ 26 /08
ZBA# NAME CHECK# AMOUNT TC DATE STAMP
RECEIVED
6165 Berkowitz, Daniel & 8422 $400.00
Pasqualina MAR 2 8 2008
k
$400.00
By Thank you.
Ta )f Southold
I 3ox1179
Southold, NY 11971
* * * RECEIPT * * *
Date: 04/28/08 Receipt#: 17166
Transaction(s): Reference Subtotal
1 1 Application Fees 6165 $400.00
Check#: 8422 Total Paid: $400.00
Name: En-consultants, Inc.
{for Berkowitz)
1319 North Sea Drive
Southampton, NY 11968
Clerk ID: CAROLH Internal ID:6165
Ub/U212UU8 13:18 6317659E ZONINGBDOFAPPEALS PAGE 02/04
b
0M SPS Mail.in A.d
Office Loc�at���,1: �Q$ ��� U
,0 - l �.L�tiS:
® G
Town Annex/First Floor,North Fork Bank 53095 Main Road
54375 Main Road(at Youngs Avenue) CCia Z P.O. Box 1179
Southold, NY .11971 "off ® �.'� Southold, NY .l 1971-0959
hap:Hsoutholdtown,nartbfork,not
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1,809 Fax(631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, MAY 29,2008
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, 83095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSpAY. MAY 29,2008:
10:55 A.M. DANIEL and PASQUALINA BERKOWITZ #6165. Request for a Variance under
Section 280-11613, based on the Building Inspector's April 11, 2008 amended Notice of
Disapproval concerning a proposed swimming pool structure with patio at grade and a
proposed rear porch addition to the dwelling, both proposed at less than 75 feet from the code-
required minimum setback, measured to the existing bulkhead. Location of Property: 3683
Pine Neck Road at Jockey Creek, Southold; CTM 1000-70.6-23.
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.KOwalskioTown.SoutheId.nv.us .
Dated: May 2, 2008� ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWAL,SKI
54375 Main Road (Office Location)
63095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
� •���Lf�'R'VVVT - f
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
15th day of May,2008.
k
�i
Principal Clerk
r-SOUTHOLDTQRN'^ r
ZONIlVG'BOARD OFARPEALS .'-
h THURSDAI MAY 29 2008
i�' Il UBLIC•.IEARINGS II,
NOTICE ISIItEBYGTUEN par '.one this V dayof 2008
suanttoSec{ion 267offheTownT.awanil:.:;,
Chapter280(Zoning)CodYeofthe'1'own''?:-concerning a proposed swuniping'pooL
of Southold the following public heaz : stmcture-wrth patio at grade and a pro-
ings will be held:'by the SOUTHOLD posed rear porch d,dhoti t than
dwell-
TOWN ZONING BOQRIJ'OE AP mg both'proposed at less than 75 feet
PEAIS at the Town Hall 53095 Mam from the>code requued minimum:set-
Road; PO Box'QI79 Southold New-. back measured to the existing bulkhead.
York: 11971 0959 on THURSDAY. Locahon:.36S3 P n6 eck.Road aiU&k CHRISTINA VOLINSKI
MAY.29 2008 -` evCreek Southold:CTK1000-70623.- NOTARY PUBLIC-STATE OF NEW PORK
9:30 AM RRY KAItAS #6166:` 1125 AM IvIATTCTUCK••:PARK. No. 01-VO6105050
Request for a Variance under Sechoiis DISTRICT#6164_;Request:fora Vari-
280-122and280-124 basedontheBmld=: ance•under Section-28015E,,based:,.on Quallfled In Suffolk County
ing7nspector's April 10 20128 Nohce if' the Building.Inspectors April 4„2008
as-bm My Commisslon fieplres February 28,2012
Disapproval,.=coucemtng.'pan lt; Notice�of.D?sapproval concerning-acres
addition•with:alterations:to-the exist sorg,sports hghting}with poles exceeding
ing single-family,dwelling;;wmch tsdess:,the.code height:limitation of 18 feet(70
than'.35 feei:from the fronty d lofline, feet and:80 ft:high poles are proposed),
at-995-G10n Cour[i Cutchopue'C6w" at350 AldrAc ane:Mattituck(Aldrich
..;> 0-831 10 Lane 'Athletic Fields) Laurel CTIvi -
Q4D A M UGHN SCOURAKIS 1000125-12 6 =
#6157, Request`for Variances under. 135::.I?M PATRIClA AND-THOM-
Sections 280124.and 29n16 based'on.' AS 14ADIIERN56151.Request:for a
the-Baildmg Inspector s March,l7;2008' Varia nder
N nce u Section 280122;based
otic ale'tof Disapprov concerning a pro: on ZB?#5039iZoning ode Interpie[a-
posednews9ngle f iailydwielag'(w lr it Uonl(Walz)and.;under Section,:280;1.14,
new,�foundahpn,afterldemolhon<vf�{he- based pp'thel3utldingInspectoS'sMartch.-- �
• e'xistingibuilding)'Tfcr the r¢asons that:' 21 2008:Noticeiof Disapproval,concerp-i
(1)itl'e setbac]C.from the+topioflthe bluff%- mg a ipToposedcalterntions toiewstmg_ ,
ad]aceni Loathe V6Q IslandSdunB will foundation Withont creating a newnon,,
be less thanl100feet (2)thetmuumum', confortning4and fora second+story ad .
_ cedelstandardSunder6eeUons 2$0 Stand"' drtion.over Ute existing firstlfloor of Ihe,.=
280,1Qsequire a mugt gfi15 feeton. slpgle faintly dwelling The reasonstated
a single''sidegand'mmmium35 feet'cotn'.: ip+drsapprovtng ibezbuildmgrpermit is
bmedslde aid?setbacks and�3)itlt�lof that the:new eonstru0on is not''pernut
cdveiage wiillei:Feed the code]mutahon� Led as a[�ptcreasej in the degre of ex='
oE2U)°l with a buildable Cotisize of13;364� zsung$a'sterlysetliack nonconforpance-.
square feetaLoCaUon of gropemy? 55:', whicliegists at Iessahan45 feet,?.at�25..
:Soutdview;4veune�Exten"sionT�Soutfio�d'';,:,,.Pme•Neck Roadla'n"datiia'cenetoJockev.:
CTiv19000 50 YO and llrfcog7bmed to Creek Southold G1M100Q 70,5 34
getliei as asingle=building lot i 50 PM TERRANCE and`SALLY:
9,i55 AM STKBER aiid CART O i McLAUGHLIN,,#,6162 Request fora.
VOELKER}i"f-56t Requestrfor flan Vanaucelinder Section 28015 based'on
11669°undez Seotiont2 0114'+obased-°u, tbe+Buildmg)tispectors,Apnl%18+2008-
therBudiJWgIn`spectozSamendedMarch. NottcepgfDzsappidvalconcertiingaddi-'
28 2008INohcabfsl)zsapproval(for 6: dons and alterations to a nonconformwg.
te�asohfChaWthe sproposed jsecond story,: accessory garagedoeated..I- lit yard;
additions and'alterations•to=dhe seiost rather;ttian the code-requued•Teay yard•,
mg single fatndy dwe`llmg will not meet- of 369 OIdSaC[Road and BavA—=_el
the;code required iiiinimpuX115 feettou;' Mattituck CTM'20D0 144 5 91"i
single sideyair iand will exceedtthe, 2.10,P,M HENRYTRAENDLY and
codelimitahon;of20percenYforlotcov?, BARBPeRA A ;CADWALIJADER`
erageZLocation�b`ftProperty:30251' ,e, #6154R'equestf6riVan4ncesiunderSec;-
;Neck�Roadyadjacentno based:on ttie'B,nildmg In i
Soufhold'CIi1yIi1000 70'618:r ni^rd- spector's January 36 2008 Notice of.Dis.
0;05'A M'rATvIES}YO,UNG3#6163?; approva_l concernwg a groposedtsmgle i
Loeation of Wopertyzj351, Route 25 . . y,dwelling after demolition of an r
(North Side)OOl�ient CI7vIdQ00 19 2611' existing buildfil with°a single's de�yard %;
existing With$7,1717,square+feet'f-and- atlesstlianthacoderequtred'itimimtim.
CI7yI 91 existing with 4923I ysquare of 10 feet less tliati the requited tom=
feetaRequestlfoi•Vanapces'under Sec bmedS side yazds of25 feet end less than.
tioiis"a28012 28014gQ80=1'Sobasesl oii 35 feet;fropt We:;frbnt yard9ot�hne?sE
the Building Inspector s+Arpril 23F 2008 13000 ivlamiRoad'East Manonadlacent_
amended t Notice of Disapproval con' to Ciardiners Bay Cl'NT1000 31141,i
cerm}ng-i ? {235 PM CARL nn1I,NIE�S .N'
,(di)a proposed IoL hne'ch-' be', d-.PATRTCFT�_CA_D VIU" #4168t
rneen Lofs11 and9 Lwill=resrilt m a° Request'for Variances under Sections•
reduced lot su f5r1l lb`ftom 49 231 280122'and 280424 f based`on ltite-
square bef to 31802 square feet after BuilduigInsPecto;s.Iylay$2008Notice
deducting the s4uazeIf060'96lfor WeT ofDisapprovaland:ZBAIp)eipretauon.
ngh[,ofvaX�ea'sement Hastgad of the #5Q39z(W91Z)concemin proposed ad
code-tlequued40000ssgfiar`e+fe'et ' T. dihoasand alterations to the.i�i$tmg:
(2)"addiYhons anli niteralibtisil are ,single family dwelling The reasonsl fdi;=
_sfl 'i r �`'I �, Ts' f
pro oseayfo�..flioe iex#utmk:ba L-O4 Rhe, drsapQrovmg the7rapphca i ,request
propose i converslon om an access for a bluldmgLperrnit are that,the new
sora.liuildirgdoa sin'gleaaldy dwtn]hiig wnsfmchon will constitute an:increase;°
wliiellrwtllresylFim�apioposedfro Q'a'ci to the degree of nonconformance w qn
setbc�Catletsstftan50eet(folufhenew proposed Cvith ra irunimum§in$le side,
ll�yistort lige in tivs lo4tige changg)Jand }aid sell;ark at less than 45 feeY and
jnsin le setbaak'of.)esstlrangifett,from witi�[ota]Ftdayardsat+lessthan35tfe'zt.
ee7nsttngeasterlysldel°tlme,l i Locahou of Progertj 11251VesF Cove
(3,)Uiepropo$ed inground swimniurg Road Cutohogue CTM 11J 3 14
pooIdeckandaccess6vfpoolhouse(Iagf 5}PIyT�AIMEa'ndNANGYSAN
#1)is progoset'1<angfroptY,yard rather #67b7iteijuest fo[a'Vanaace,
thantfliexddet0quiredseaz3}�azd under Sechon 280-'15 ibased,on they
�x�4)'the new accessoCye'poof house I)uildingrlpspectpi,,s Septembei,6 2007
building i?;r�ofspermi�ted as�roliosed Nohce,of Disapproval concermng a-
liz~r use'iC1Mi.deematt-t be sam�19 a pIPR°Sed swilnmuig.lpooli>l aside yard':
set`xritd dwe8utg ugitll y� °Z T11 rathez fUan the;66de required rear yard;
IO2dA?M OBE #6159 or code permitted'-frbnt yardson thrs
-Request for 'Vanancesi'ri:der Secfrori lottfronUng along'•:LitUe Perdmc Bay,•:
280'-124 based on jlie$uil"ding tispec� at 3745 Nassau Pomt Road C7itchogue;
for s'Maich`27y 2008 Notice of Disag; CIM 1000111 9-4'•1 t s
proVal concerning a pto ibsed(tvesterl f) The iBoardth iof'Appeals will hear all
adt7rtion and al[erahanshto,A anAexistuig personsf or em representatives desq'
(noiicononnutg)tdwelhng'vpith a sngle mg to^be heazd at=eachliea�rtng andlor,'
side,yard at le"s§'thanl4fe3et total+sicie desuing to subnis ivritien statements'
yarilsatlessthan?S coverage before the dcoliclusion of'eacti hea�tng:
exeenmg the Sod&1h6
pitahan of 20!a Each hearing°Uwill not start eathei tlian'
4295"Ba}Shore'Read blandcent to desigita`tediadove Files aze abl or
availe f -'
S,II elter Island Sound)Greennort Cl'M review dnrm regular busmen hours and
prior t6 the d#of the hearing If you
<:TO gQA M.r OST EPH and=CAROLYN have`:gaeshons please+do noy hesitate
FERRARA-,#6160. 10 contact,our office i d(631?;765 1g09;.
ance,undeY Seehon 280 SOS based=on or iby:`.femail T rode Kowalski@Towit
the,iBuildmg.:Inspgctors'A'pril 8 ZOOS Southoldnvus
Notice of Disapproval concermng4pro. Dated.May9 2008.e -{
posed tennis-courh fencing which will ZONINO.BOARD OF-APPEALS';
exceed 11ie code hmitaUon 3f�fdur feat ;;' GERP RD P.GOEH,KKiNGER,
i. height whemlocated iii!a'fronYyard!of EHFdI2lvL4N
a .'sidential zone at 2370Maple Lane BY;LINDA:KOWALSKI
G'reenport CTM 1000 385=] 54375 Main,RbW(Office:L°ca'tioii)
.10 55A M-DANIEL aod`PASOUAL .. 53095-Main Road(MailinWUSPS) r
- .. •pn:Rnv 1170
TOWN OF SOUTHOLD PROPERTY CORV GAR®
VILLAGE DIST.
OWNER STREET SUB. LOT
e1 pww inrwP�- �ff :.a
RMER (?WNERr N E ACR, j
Lq
5 W TYPE OF BUILDING
Y.
ZES. SEAS. VL. FARM comm. CB. MISC. Mkt. Value
-LAND- IMP, TOTAL DATE REMARKS
4
el
A/
7,Z 7
Va �kr n 0--c'
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE. q 12 506p3gS
I 4D
FARM Acre Value Per Value
Acre
Tillable I
Tillable 2
Tillable 3
Woodland
Swampland FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot DEPTH
BULKHEAD
Total DOCK
a
7p SEE SEC.NO.063 a +„ c♦� ¢ a ' ,a•�/pF4q SEE SEC.NO.063
2 x lae OOW" MAT LINE °12 •(U, .r,M '.MATCH LMF x loe aoa
7 -
2 12 's0 m$ Gb ASS $ Iso•I 3 c , xm y 'PO •• �' W, - ;
6 r WEST HRL R0.
1 2.1A(c) _ 1y)/)�, :�y Q` n�, n}3 36 I.IAIc)' ,s, 'a ]'pyN Creek
01 a O c 2 s, sF ", j L(✓` / _IrJ_Ql s� y u` 10 i A P '� 22 27 24 25 ,00 NQ(� J7 a, 1 3B -may y f y vB a
71 _ 1z1_ $ti p° yqr 'q,J °°e m1 �'�.• c'b xy ° 27 x RO `r24rcl '°uv • 0 41 a97 x,• , l 0 d 2
TOWN OF SOUTHOLD /
71 sm xs xn 4 _ �/(JD -� �G/ a •'x g Ns ` &a x , .y 30•' ' q�'i f 40
1 -r6.9`°�6 5 u _ m 7 - 9 ,°• 's �Y 19 ,id'21: 21 :$m.°,. +' Jf° a 1.4A(c) z,' 46.1 34
1 eT0' 6.6"s ,n n v. 5RD.' ,s L6AIe1 8 T2.3A(el •'^�
nn '4 : 27.1 (P (J •L •E° °' us , '
6 5 ' e A19 r0° 3J ° (UNDEHWPTER WDl y
38.7Aft) 8 ,,+ �° �;a i m° S} ,ro •° ro _ O R 92
"^6.10 _'2 SOUTHOLD SCHOOL DISTRICT NO.5 6 , L•F ` ti'1 3y &°ry'USp sle 45.5 1 45J
'' c¢ 1 a ° •, 12A
1] ✓i_ 6.B 1ersy z N �",° 3 3 .J• `♦7'3P r ' ,N M177 na.
IN
11 JASMPIE ,w LA. xxSaU r e - °S0 4 a o ,,° 3 3P y 0 's, •z.,I6 // a � \ m s0
r ,n 6.2 sx O y , '�,t s O �%p •(L ,`.15 Po a Cs�"SJ�I5.1� � ` //�� ' y
10 $ S: 13
1 ° °° 221pP'25 - � \ rr+•'��
40
3.2AIG 11
xoe 20.2 61�l i A 220
10 2'pP1 22''p "' ^ a } 1A 30 , og, .$ a� a 21
- 12x S• S� 22• 1' a+• 10 GI , ,y -A
Tn °FOR PCL.NO. 6SEE SEC,f{D14cE 069-03-010.8 'I.SAIc)soCErr r „ 1, 1%12 19.11 a °o •y 1/a IB= 1.2Alcll 1.1A(cl 1.OAIc1~ 19.4 2B• '�' PEU 1• (' „
lrc: IS REV CREEW nOR• ztlso•s „ ° S \�m ' 12AI 1
29.4• t° % j3 sl
- p02 A so52 9 '10 11 '21.1 -
,8r 12 13 s14
e 1.2A1c1 L2Alc1 0 1.OAIc1 wa^ ..�-' �P(
" a _ _ 15 16 17 I.OA(cl 19 I.3AIc) y 25 ,o° z
R •,n• 8 w - v. m n
eREi
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✓afY x.cca xxy' 1Ss22 'CTeek TOWN OF
5 °.sd,NN I24.1 • '25v M1 a 9Aft1 ruxOEl»•aEn uxm _7 w ,a 0 19 cl 20 21 sn 0 g o n s'19.1"
o ey ,'°� • 1 p0 2
BOWERY LA. •awe, � s `'1.OA(CI 4 S .,y O /� sx0BEx1HE ,„ '•• „ A IjO: S.le� .12A1c1 1.BAl ,� 96-_ c"4 = 0 2poA 1tplc) SOUTHOLD
71.2 i / uo• +y o. °° 54.1 ,s, . nn ��
1 _ 26
1.BAI0 � �,° • ' "°g o ] _ Sew• �
4na - °i uo 31.1 BAY
•` C I.6AfU �1 m , as a `'1 ,,, �38y 's _ " . �. so STsy� - 2,OA '
`•s ° 5 -a 27x°° x r 41 0 42 43 V 44 45 =49 50 a 3 A"" ° - 6 1u ,° �• , .A j0 2 e " ,w " .wo16 s vo 2016 = m
LOAfc7 n 30.3 ^ " -39 IAIc)1.SAlc .2Alc a 47
3 30.9 302•" su M1 1.333
3.7A(c) aT ""29 ' Afc1 1.tAlc1 s s ` ° ,61x op o s e0 ` Ta a
s5 6 w 9 a „ a�2e_ 'Z5� 2.014: s�2p j5Y' � 2,•2P tP •a
-0. ML a B xy ,m xN ,w° ca N FCK z• s ,i x2 S z%sT :� 6 1=_ 40: -C S
EUETEWY ~ xy na 14 .IS 16 s,s z roc soc ° _ °p0 ao ,,o+ m w " x e ,,� , ,s• ,
22 1.4A1c1 �5 no ac 20.
17 19 20 v 21 e - w %Sl$Sri .a^s'�Boa _,31.2 o e 15 ,12� ns g 9�' 20.1A 4 12A „• r°NI
'y 1.1A ,e ue „ soc
- � P a"Sp _~ - - �13 _ O 10 u soa '�a m z n - "14 � ,s• _ s se'e,'36 a° 'rn ti s 1p ° " p.11 11A s,+
6.0AIG z 23"24 a " ;19a0n•° 17 • 16 "c 10 • n° 42 j0 'j7°N ` S a .° 6 y SA "B" eo zso" ° a e,n S.
12 _ 2B 27 26 25
•11.791 A2 r„ - 16..1s aro wea x1°.ssSz,stA 7 CUSumTc ER ,20,12 20y.1126 129 30 7 74 1A
ss a' 2200.1.
/
% ww�n, �2 = 27 $)9 _ ,s 46: 3 11 c ,n20 a Po ,.° 470 P y •:xu a SB ,� y s ', 33.1 c, I .L.
1ee10 34 24 0 o a 's ' _ ° - va a 3S _ 16 y xo v a"! « ,z° roe n us.s•-�°w�,
xss O _
7 e 9 C _n„ ne, un un nsi ,.i u �- 28 "s' - z a•3 512 �s n,21" ,•c q4 ` •y un 4 9'•, ,73 2 37 .,3B.1 o sa79.5,o. a
-41 40 "79 "3B 77 .36 •75 22ao _ 33 - u4B o :32 F c 619'+.9��° a� %n ' `°apy. , v
o °'27?N o nn „°° :37 u s 13v -- '•a22^ ,ca - °, � •`�'• s o 6 m\ uo•19 3-43 v`° A 5,o. 16e e a B ne CLEARVnIEW _64 7 - s° uecr °-2A 9 V,, 30 - n• 32m _ _vx °„ o " "14"s cs ,u2 " ;31, 45 " j17 rs,,n, 20,,'a''9 ,re 6 n xo i , 59 •; ,1 m79(4c)
2. 1
47A 7 92 BU
n
CLEARYIEW °AVE. ISOsT� 45
J.°f1 a xn n, 58 057 5 00 , ro 92 M1 51 v50 y e SS se 24 c 46 a '19 v 1
c 52,s vo g " s 6 95 � ,� jCreek4B70WNOF °51 a 50_ 99 " sOUF-Oe ° s v°
65.1"' 3 OR PCL.N0c 4 06 1.2A " u 28.3 K S0.1a 21 a eEecH SEE SEC.N(
57 "a - 26 x- 27 sa ,� 078-01-035 v56c SOUTNOLD c wr1 R -3 20.2 28.9 1.OA(c) N 29.1 29.2 \\ EAC1I0'� 4r u 1W<zoO
's n• :5gsu TOWN OF-THOLO w _ 6 \ b 0 I•, 53 ye„<P MATCH . LINE
Si -10 (XV09
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK t E AdM
--------------------------------------------------- -x
In the Matter of the Application of (03lAM03 J
AFFIDAVIT
�_... OF
Daniel & pas-tg1a1 ina Berkowitz o�a�anR�D LIN S
(Name of Applicants) l� v
CTM Parcel #1000- 7 0 - 6 - 23
------------------------—---------------------------x MAY 14
COUNTY OF SUFFOLK) BOARD OF APPEALS
STATE OF NEW YORK)
jo
I,Robert E. Herrmann � at 1319 North Sea Road, Southampton
New York,being duly sworn, depose and say that;
On the 12 day of May 2 0 0 8 3 I personally mailed at the United States
Post Office in Southampton New York, by CERTIFIED MAIL, RETURN RECEIPT
RE UESTED, a true copy of the attached Legal Notice in prepaid envelop
es addressed to
current owners shown on the current assessment roll verified from the official records on file
with the (X)Assessors, or O County Real Property Office Southold , for every
property which abuts and is across a public or priv�,,6 street, or vehicular right-of-way of record,
siurotuiding the applicant's property.
4igna ture)
Sworn to before me this
(�- - day of—jj . , 2007
(Notary P blic)
PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the
.owner names and addresses for which notices were mailed. Thank you.
I�1t1SiEPf�tS 1
NolaryP�•St�aciNeMYa�k
•^ Cor�iunNn•501�981
;t, WafdiedLi5h8o�CCoa
' COf�OIS�l00E1�11lOSRIIgIISt�,� ,
I
1319 North Sea Road -- -
Southampton, NY 11968
Phone: 60 En-Consultants, Inc.
Fax: (631)1)283-6136-6136
Fax
To: ALAN BAIN From: LINDA NAPPI
Fax: 011-44-131-226-3936 Pages: 5
Phone: 011-44-131-225-1501 Date: 5-16-08
Re: 3683 PINE NECK ROAD CC:
❑ Urgent For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
ENCLOSED PLEASE FIND THE INFORMATION SENT TO YOU AND RETURNED BACK TO ME.
I GOT THE 15 WEST 72ND ST ADDRESS FROM THE TOWN OF SOUTHOLD ASSESSORS
OFFICE AS REQUIRED.
05/16/2008 16:03 FAX 6312836136 IF EN-CONSULTANTS,INC. 001
ACTIVITY REPORT
ST. TIME CONNECTION TEL CONNECTION ID NO. MODE PGS. RESULT
*05/15 15:25 17187675421 4411 TRANSMIT 0 NG 00'00
0 #018
*05/15 15:30 4412 MANUAL TX ECM 1 OK 00'23
*05/15 15:59 6315376842 8760 AUTO RX ECM 1 OK 01'04
*05/15 16:03 5376842 4413 TRANSMIT ECM 3 OK 03'48
*05/15 16:35 6536229 4414 TRANSMIT ECM 2 OK 00'45
*05/15 16:37 6536229 4415 TRANSMIT ECM 1 OK 00'38
*05/15 16:40 8761 AUTO RX G3 0 NG 00'45
0 #005
*05/15 17:01 5377188 4416 TRANSMIT ECM 2 OK 00'21
*05/16 09:48 19103476355 4417 TRANSMIT ECM 1 OK 00'31
*05/16 10:54 12123395626 4418 TRANSMIT ECM 4 OK 00'31
*05/16 11:18 6317223390 8762 AUTO RX G3 1 OK 00 '42
*05/16 11:58 631 287 5723 8763 AUTO RX ECM 1 OK 00'23
*05/16 12:01 631 287 5723 8764 AUTO RX ECM 1 OK 00'26
*05/16 12:17 516 741 6423 8765 AUTO RX ECM 2 OK 01'22
*05/16 13:10 2875723 4419 TRANSMIT ECM 2 OK 00'25
*05/16 13:15 7223390 4420 TRANSMIT 0 NG 00'00
0 #018
*05/16 13:35 6317223390 4421 MANUAL TX G3 2 OK 01'16
*05/16 14:40 7223390 4422 TRANSMIT G3 1 OK 00'44
*05/16 15:09 7261478 4423 TRANSMIT ECM 3 OK 00'29
05/16 16:00 011441312263936 4424 TRANSMIT ECM 6 OK 01'26
1319 North Sea Road En—Com'__"ltants, ynco
Southampton, NY 11968
_ Phone: (631)283-6360
Fax: (631)283-6136 'tr'
fiF ,Fhx
To: OFFICE OF TAX ASSESSOR From: LINDA NAPPI
Fax: 631-765-1356 Pages: 1 (INCLUDING COVER)
Phone: 631-765-1937 Date: 5/6/2008
Re: BERKOW ITZ CC:
e Comments: I HAVE REVIEWED THE TAX MAP AND OWNERS WITH
SUFFOLK COUNTY REAL PROPERTY AND PROVIDE THE FOLLOWING
LISTING.
AT YOUR CONVENIENCE, COULD YOU PLEASE VERIFY THE NAMES AND
ADDRESSES. IF ANY ARE INCORRECT, PLEASE PLACE A LINE
THROUGH AND PROVIDE CORRECT INFORMATION. THANK YOU IN
ADVANCE FOR YOUR ATTENTION TO THIS MATTER.
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
I ooO _ �0 � � Address
Name:
JAMES TAYLOR&MATTHEW WERNER SO
PINE NECK ROAD
OUTHOLD,NY 11971
ALAN&LINDA BAIN ` Q d 15 WEST 72ND STREET,APT. 17E
NEW YORK,NY 10023
BREESE PROPERTY TRUST : , 7701 SE 58TH STREET
MERCER.ISLAND,WA 98040
i
JAN & CHARLOTTE JUNGBLUT�alb PO BOX 489
SOUTHOLD, NY 11971
a>
r
.y
J
1-ns=.ka„
COMPLETE •
SECTIONON DELIVERY
■ Complete items,1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X
so that we can return the card to you. ❑Addrm,
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deli,
or on the front if space permits.
f 1. Article Addressed to: D. Is delivery address different from Rem 1? ElYes
"' " 'C If YES,enter delivery address below: ❑No
aETURh,F�
To
SENDER
Type
FbMfding Order Ex i servi rtifl
Wew p>� C/ertified Mail ❑Express Mail
York �0023-99 T ❑Registered ❑Return Receipt for Merchandis
! - --- — - — — -- -- -- - ❑Insured Mail ❑C.O.D.
4. Restricted:Delivery?(Extra Fee) ❑Yes
2. Article Number( 7008 0150 0002 6146 6 3 9�
Transfer from service 126eQ
PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-1540
m-
1 s O
■ ■ ■Postal, Servieev
, . ■
■
I !
• • • ' •� ••• r-q (Domestic Mail / e Insurance Coverage WrVid, •
• / ro
I= 5 >
SI?�1T 01 '8 1
g 4 \ -.... rw
Postage $ 0%8 A.
Certified Fee $ " 4 PoUTHq fob, fv :. t�FTON r �i
I' r i,
.� � `�/� Certified Fee
rl.f p Return Receipt Fee
O Return Receipt Fee 'Y
a (Endorsement Required) He
��/- p (Endorsement �f je
Restricted Delivery Fee �0�` Restricted Delivery Fee. --':4 rD
(Endorsement Required) G O (Endorsement Required) G
0 2008
Ln - rr q Total Poster-
Total ----
,q Postag -- $5.94 45
o • $5.94_.-" 0
BREESE PROPERTY
Sent To JAN & CHARLOTTESent T°
cp._ T.H...
o - PO BOX 489 Street,-api1� 7701 SE 58 STREET
Street,Apt.Nc
r, or PO Box No. SOUTHOLD,NY 11971 ._TO OxfVaV91LCER ISLAND,WA 98040
Clay State,ZIF City State,Z1, ••r.
URMS
■
imTm
■ , ■ ■
rq (Dbmesticmait Only;tio insurance Coverage Vilded)
rq
rl Postage.-$. ,.-._:..,$i. 0
..a` f7`jly
Certified Fee 04 q
IL1
O Return Receipt Fee y o t� -4 _
pO (Endorsement Required) g IVe ■/
stal Restricted Delivery Fee
M (Endorsement Required) �� . ®a . ■
T*
r-1 eQ�O�
r Total Postr gg__Q�pp •'
cO (Potnestic Mali Only,No insurance Coverage Pro
JAMES TAYM,MA m ;
-enr ° WERNER,WM S GIECKEL - �
o 01 �1 1 ? Fj L US
Srreer,apt.7 3445 PINE NECK RD
M1 or PO Box 1Y
Ciry'stata;3 SOUTHJOLD,NY 11971 ra, Postage $ 4
Certified Fee 4Toft t
:e. ru Po
O Return Receipt Fee �(p
3 (Endorsement Required) I'I HY Her csza,
C (Restricted Dt Req icFee ed) 1.2
j
Ci
Total Poster -
2008
r-q ,...'-�5.94 05
- Sent To ALAN&LINDA BAIN
C'O
iteer,AFT- 15 WEST 72"D`ST,APT 17E'-
or PO Box Nt
r� NEW YORK,NY 10023
City'Siaie,z
i .e
yr
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: NEW YORK
-----x
In the Matter of the Application of
AFFIDAVIT %r l
Daniel & Pasgualina Berkowitz OF SIGNPOSTING
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
1000- 7 0 - 6 - 23
-----------------------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
[, Rob E H rrmann rd
j iticat 1319 North Sea Road
_Southampton , New York, being duly sworn, depose and say that:
On the 14 day of May , 2 0 0 8 , 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 confine 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 --av, 29 1 2_008
(Signature)
Sworn to before me this
69J^ day of '7
, 200 Y
otary Public)
*near the entrance or driveway entrance of my property, as the area most visible to passersby.
I�'dH.STEPHEPfS
, r NdaryP&-81aieoPNewYoA
' ^• ConnissionNo,�11�931
CualiGedioSURACouq
Ccc;missco E>�ires/wg�P2,(�
SECTIONSENDER: C610PLETE THIS COMPLETE 1 ��
■ Complete items 1;2,and 3.Also complete A. Signat n
item 4 if Restricted Delivery is desired, _
■ Print your name and address on the reverse,;,,, X ❑Agent i
so that we can return the card to you. ❑Addressee 1
■ Attach this card to the back of the mailpiece;,' B. eceived by(Prin ed Name) C. D of Del'very 'r
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1 Q Y -
If YES,enter delivery address below: ❑No
BREESE PROPERTY TRUST
7701 SE 58TH STREET [- ,
MERCER ISLAND,WA 980401 .4
3. ice Type
Service
} Certified Mail r ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes I
2. Article Number -- — -
(Transfer fromserv/ce label)
700-8: 2152 OGG2;�6146 ': 6381
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i
0 COMPLETE
SECTIONTHIS ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. ' ature
item 4 if Restricted Delivery is desired.
s ■ Print your name and address on the reverse A Agent
so that we can return the card to you. ❑Addressee
■ Attach this card to the back of the mailpiece, B. eceived by( ame
or on the front If space permits. C. Date of Delivery
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address bo O L
JAN& CHARLOTTE JUNGBLUT ® 1
PO BOX 489 CO
CO
SOUTHOLD,NY 11971 �AAY 3 2C(1-q r
3. SSeryl e Type
�Certified Mail ❑Expre
- - - ❑Registered ❑Return'Rece t(oDr
�P�f handise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee)
2. Article�Vumper: ; . . . , - ❑Yes I
(Transfer fiom serv/ce fabelj I I 1 't 7 G 0 8 'p-15 a =a qo z }6 Ir 4 6 6,4 4
PS Form 3811,February•2004 'el
Domestic Return Receipt
i 102595-02-M-1540SENDER: CdMPLETEmTHIS I
SECTION • • • ,
■ Complete items 1,2,,and 3.Also complete A. Si
item 4 if Restricted Delivery is desired. X ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Re ived by d Name) C. to of liv ry
■ Attach this,card.;to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1. ❑Yes
If YES,enter delivery address below: ❑No
JAMES TAYLOR,MATTHEW
WERNER,WM S GIECKEL
3445 PINE NECK RD
SOUTHJOLD,NY 11971 8,,.service Type, F r�.
''Certified Mail ❑Express Mail �
— - - -- — - ❑nsur',u',a P
tered ❑Return Receipt for Merchandise +
Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes i
2. Article Numbe[:
! (Transfei from service/abL./) I+ i s 8 ;015 r'0,Q p 2 s6 7,4 6`•, 6 I{11
PS Form 3811,.February 2004 Domestic Return Receipt 102595-02-M-1540
� 14UTI (w� E UF HE�► Rlrli�
The following application will be heard by the Southold Town
Board of Appeals at Town.. Hall, 53095 Main Road , Southold:
NAME BERKOWITZ , D . & -- P . #6165
MAP # 70=6=23
VARIANCE Bulkhead Setbacks
REQUEST Pool and rear porch
DATE : THURS May 29 , 20081 10 :55 AM
If you are interested in this project, you may review the file(s) prior to
the hearing during normal business days between 8 AM and 3 PM .
ZONING BOARD -TOWN OF SOUTHOLD 765= 1809
ONING BOARD OF APPEALS
MAILING ADDRESS and , -, ,CE OF HEARINGS: 53095 Main ad, Town Hall Building,
P.O. Box 1179 Southold, NY 1 1 971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
May 27, 2008
Re: Town Code Chapter 55 — Public Notices for Thursday, June 26, 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 June 5th:
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. . If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your ability and to confirm how arrangements were made in either a written
statement, or during the hearing providing the returned letter to us as soon as possible:
AND not later than.June 91h: 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 June 16th: 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 June 26, 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.
ZONING 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, 1 st Floor
54375 Main Road and Youngs Avenue, Southold
website: h!W:Hsouthtown.northfork.net
May - , 2008
Re: Town Code Chapter 55 — Public Notices for Thursday, May 29, 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 May 12h
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. _ If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your-ability, and to confirm how arrangements were made in either a written
statement or during the hearing providing the returned letter to us as soon as possible;
AND not later than May 13" : 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 May 215t: 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 May 29, 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.
1 1 i
u .t i�`i rii7i tlf
Sk
=Y
I •r I I 'r / I / I I III / I •I l l/ I / / I I/ I � �
of .'`r.'_- ; .+ .• � i'
•sue ., .. . v
f
DANIEL AND PASQUALINA BERKOWITZ,3683 PINE NECK ROAD, SOUTHOLD
M
I
6
5
r
Figure 3. Looking east from existing deck over location of proposed screened porch
and at adjacent dwelling to east.
W.
i'
Figure 4. Looking west from side yard at location of existing attached deck and proposed screened porch.
r
APPEALS BOARD MEMBE`"_. F S0 Mailing Address:
u erard P. Goehringer, Chairman p� O! Southold Town Hall
53095 Main Road•P.O. Box 1179
Ruth D. Oliva Southold,NY 11971-0959
James Dinizio,Jr. G • Office Location:
Michael A. Simon Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman Cum 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
June 10, 2008
Mr. Mark Terry, LWRP Coordinator
LWRP (Planning Board) Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA 1 6 — D. and P. Berkowitz (Jockey Creek)
Dear Mr. Terry:
We have received an application for new construction as detailed on the
enclosed map. A copy of the building Inspector's Notice of Disapproval under
Chapter 280 (Zoning Code), Trustees' permit, LWRP letter to Trustees, and
Legal Notice, are attached for your reference.
May we ask for your written evaluation under the LWRP Chapter with
recommendations for this proposal (before June 13, 2008).
Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
Encls.
Office Location: SVFfO(�-C USPS Mailing Address:
OG
Town Annex/First Floor,North Fork Bank o� y�e 53095 Main Road
54375 Main Road(at Youngs Avenue) COD Z 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 29, 2008
Suffolk County Soil and Water
Conservation District
423 Griffmg Ave., Suite 110
Riverhead,New York 11901
Re: ZBA File Reff, No. 6165 (Berkowitz)
Gentlemen:
We have received an application for a project adjacent to Jockey Creek in Southold,NY,
and shown on the enclosed site map. The hearing on this application is expected to be
held in approximately 6 weeks.
Enclosed is a copy of the site map, together with the application and a copy of the area
map. May we ask for you assistance in an evaluation and recommendations for this
proposal.
Thank you for your assistance.
Very truly yours,
Gerard P. Goehringer
Bye
Encls.
Office Location: O�OSQFFO(�(►CO USPS Mailing Address:
G
Town Annex/First Floor,North Fork Bank CZ y< 53095 Main Road
54375 Main Road(at Youngs Avenue) Go Z P.O. Box 1179
Southold,NY 11971 py �� Southold,NY 11971-0959
�01 � Sao
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 Fax (631) 765-9064
April 29, 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 #6165 Owner/Applicant: Berkowitz
Action Requested: Bulkhead
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
1- 7
Encls.
Office Location: O�0c
Mailing Address:
Town Annex/First Floor,North Fork Bank ti 53095 Main Road
54375 Main Road(at Youngs Avenue) P.O. Box 1179
Southold, NY 11971 y O�� 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:
o� 1'�- 3
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
0,0 60
C"ie n ,�
❑ URGENT ❑ FOR YOUR UPDAT�$-PLEASE C� ❑AS REQUESTED ❑ ---------------
/A" �>(
NOTESICOMMENTS:
Please find attached copy/copies of the following:
Thank you.
Sender's Initials:
_
Office Location: �0 COGy Mailing Address:
o= -mac
Town Annex/First Floor,North Fork Bank 53095 Main Road
54375 Main Road(at Youngs Avenue) 0 P.O. Box 1179
Southold,NY 11971 y� a0�� 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:
41//6 �0 Ia- -?
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
❑URGENT ❑ FOR YOUR UPDATE PLEASE COMMENT ❑AS REQUESTED ❑ __________ _
NOTES/COMMENTS:
Please find attached copy/copies of the following::/ l
LLJ
t' .-A
Thank you.
Sender's Initials:
06/03/2008 10:15 FAX 631283611a EN-CONSULTANTS,INC. 0 001
1319 Noah Sea Road
Southampton, NY 11963
Phone:(631)283-6360 Ej U-0DnSUI f IM,
Fax:(631)283-6136 =
www.enconsultants.com
Fax R E C IE 9 V E 0
J UN - 3 2008
To: G.Goehringer clo Linda Kowalski Fromm Rob Herrmann
Fax: 765-9064 P"Ov. -1• BOARD OF AEPEALS
Phone: 765-1809 Daw, June 3,2008
He., Berkowitz,6165 CC:
❑IJggent RI For Review ❑please Comment U Please Reply ❑Please Recycle
• Comments: Linda: As discussed last week,fbllc4Mng herewith is a letter to the Board concerning replacement
of the existing deck adjacent to the proposed porch addition. I will forward the original plus(6)hard copies of the letter
via mail. Please call if you need anything further,and thank you in advance for your attention to this.
Regards,
Rob
Robert E.Herrmam
Coastal Management SpedWist
En-Consultants,Ine.
Southampton,NY
Phone:631-283-6360
Fax:631-283-6136
Email:rherrmann@enconsultants.com
i
1
I
i
I
J
�0
guFFO(/-
Office Location: �0 CQG Mailing Address:
4
Town Annex/First Floor,North Fork Bank ti 53095 Main Road
54375 Main Road(at Youngs Avenue) WO P.O. Box 1179
Southold,NY 11971 y ��� Southold, NY 11971-0959
viol � �a
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
r FACSIMILE TRANSMITTAL SHEET
TO: � � Fax#
OL -15
Date: TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
765-1809 (press 1 at voice recording)
REFERENCE::
❑URGENT6d'FOR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑
NOTES/COMMENTS:
Please find attached copy/copies of the following:
sy U-) X 6�M �7- hL1,4)
Thank you.
Sender's Initials:
l
�SUFFO(,�c
Office Location: �. OGy Mailing Address:
O 1
Town Annex/First Floor,North Fork Bank 53095 Main Road
54375 Main Road(at Youngs Avenue) 0 • P.O. Box 1179
Southold,NY 11971 A 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: From:
Zoning Board of Appeals
Date:
COMPANY: TOTAL N OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER:
765-1809(press 1 at voice recording)
Re: EFERENCE:
❑ URGENT ❑ FOR YOUR UPDATE ❑ PLEASE COMMENT ❑AS REQUESTED ❑
NOTES/COMMENTS:
Please find attached copy/copies of the following:
Thank you.
Sender's Initials: '
KOffice
Location. S11FF USPS Mailing Address:
h�0�o C�Gy
Town Annex/First Floor,North Fork Bank c 53095 Main Road
'54375 Main Road(at Youngs Avenue) ca z P.O. Box.1179
Southold,NY 11971, O Southold,NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUT14OLD
TO, (631) 765-1809 Fax (631) 765-9064
FACSIMILE TRANSMITTAL SHEET
To From:
Zoning Board of Appeals
_ Date:
COMPANY:. TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S.TELEPHONE NUMBER:
�3 —613 �2 765-1809(press 1-atvoice recording)
Re: REFERENCE:
❑ URGENT Q'F OR YOUR UPDATE ❑PLEASE COMMENT ❑AS REQUESTED ❑ _______
NOTES/COMMENTS:
Please find attached copy/copies of the following:
Thank you.
Sender's Initials: ---. �
rI
SURVEY OF PROPERTY
DRAINAGE SYSTEM CALCULATI010,
F AREA: 2,604 sq. ft. SITUATED A T
ROOF
a 2,604 sq. ff. X 0.17 = 443 cu. ft. S 0 U T H 0 LD
CjREEK. 443 cu. ft. / 42.2 = 11 vertical ft. of 8' die. leaching pool required �/
PROVIDE(2) 8' dla. X 6' high STORM DRAIN POOLS /:-•V
JOCKEY 5 TOWN OF SOUTHOLD
PROPOSED e' DIA. X 6' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: (:4:;.:j;::y
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000-70-06-23
x SCALE 1"=20'
1 85.40'00" E MARCH 12, 2007
S2.111 1
E b�66 17,72'
N 3.52' S 80•57,39,. g,2A,
JUNE 15, 2007 PROPOSED POOL
cn SEPTEMBER 18, 2007 ADDED FLAGGED WETLAND LINE
_ 49•73• N 1�5�is DNcWP `° '� o OCTOBER 30, 2007 ADDED PROP. PORCH & STEPS
—AL
�oBueE°` o
� DECEMBER 14, 2007 REVISED NONi TURF BUFFER
+'L. A4 M0 OF WEl1A% AS FIj3.200, o� Q
o ANowARD u i oN Avc 5P /:£ AREA = 28,191.10 sq+' ft.
61 m & :u. AIL _CONSULTM1HPS. -4 0 I
_ RIP-RAP .nt (TO TIE LINE) 0.647 OC.
�no FLnc - T ..
00
WALL 1.8,6ff'
B.04 V1 ti T.B,ff.$ W D ETAINJN
O B�1 D awM�L /Te,S.t � /Y 'ZONE E (EL B)
ZO E X L L L '
I NOTES:
B� 1 "/ - ��� I &Bs.b•ya
1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM j
�pROPOSED PNi,IJ PROPOSED TEMPORARY EXISTING ELEVATIONS ARE SHOWN THUS-.m I
I TO\ '13 NON-TURF BUFFER PROJECT-LIMITING FENCE —
?\ ly _ EXISTING CONTOUR LINES ARE SHOWN THUS: — s— —— —
la N &ROW OF STAKED HAYBALES -12
.IZI FFL. - FIRST FLOOR
\ to G.FL - GARAGE FLOOR
v� T.B. - TOP OF BULKHEAD
_ B.S. - BOTTOM OF BULKHEAD
1q A= FROPoS 1. x 2 05ED POOL PENCE T.W. - TOP OF WALL
a P -4 -
\ x 1,a PATIO I PRO � 1 B.W. BOTTOM OF WALL
f - a.s
2. FLOOD ZONE INFORMATION TAKEN FROM: I
P,.• 5_,, l�s?Pa2-9— —'J x FLOOD INSURANCE RATE MAP No. 36103CO166 G
\ PDOIE::::::6i(�
5, ,:. ':�:'ti............:.....:.. - ZONE AE: BASE FLOOD ELEVATIONS DETERMINED
` ::•::•::Ti:;ii:;i::i•: :::::i•:: EXIST.DECK b ABOyG
• . GROUF>D PDof'��'BE ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODP,LAIN.
. L5(.PO :�N•^::'PFr /
Pc.3 435_
.: i:i?.. REtAOV�D,vY P/O EXI5T.DECK, 1 b
x :-:::::�i{.....:.......::.: :`_:....\1tro•.: c oop� 5•TEpS 6 WpLK � ��
24.0' ...f::•i::
C:;i.?:;;-;:iF PROP05EE
WO 5 r4 Z
�� OD 5 yZ
-Lzv�J �,m CERTIFIED TO:
l6 i
x4 may — — ....- .•:•i:''.•;k .. . _ x . . DANIEL BERKOWITZ
76— ' 16.6 J �D.D• ,��16'. e'S� —i6 LR.i rmn PASQUALINA BERKOWITZ
o� b 27'B BpSEMEMn �1.92 35 mt PECONIC ABSTRACT INC.
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
Izd
ti o a
HOUSE
�� l3 •... 1 STORY FRAME ORMERS
PFLOP05F_D &GARAGE WITH
m POOL / ,�, 1::.::.....:...J UNAUTHORRED ALTERATION OR ADDITION
t.,y tit'x, EQUIPI'1EHT/ ::. ^� Jv:mac;✓ TO THIS SURVEY IS A VIO TION OF
L .�p� / _
y , SECTION N LA OF 711E NE YORK STATE
,A / F.FL2": x� EDUCATION LAW.
/ •R C.FL T1.TG .� Yflf
251' J� �20 COPIES OF THIS SURVEY MNP NOT GEARING
/ 1y y0 PO 4 THE LAND SURVEYOR'S INKED SEAL OR
1g TT 5 J >..I '�1 J rl p E ToBEEMBOSSED SEAL SHALL NOT BE CONSIDERED
'S Goo STEP �m Ill J_ IL`7� 17 TO BE A VALID TRUE COFHI
PP-0P: 01l FILL CAPS' ' 'o CERTIFICATIONS INDICATED HEREON SHALL RUN
4,DEEP 19/4 "m D ONLY TO THE PERSON FOR WHOM THE SURVEY
4'DIA.% // :+'.EtiNC..WAIK"�'.•:.•tl•a °� - .1 --^"1 IS PREPARED,AND ON NIS IBEFiNF TO THE
DRYYJEL•L POft // II i 2L7 .: >,\. pm I 7 20D7 TOLE COMPANY.GOVERNMENTAL AGENCY AND
POOL BAGKWA•�� / / $ .P o• c,'•° .•1.: � ��� [.�, DEC 1 TO THE ASSIGLENDING NEES OF TTHEI LENDINGSTED HEREON'INmD-
/ TUnON.CERTIFICATIONS ARE NOT TRANSFERABLE
/ / 4iiii:iii:•:j I .a''a "L:: ��^,,��tfl ®� 1�,��cjl'e......, SoudofTuswn
I ''ii-T 111 RDBLd of Trustees THE EXISTENCE OF RIGHTS OF WAY
ZOO —22 CAI JO V 1 1`I0'�'-_- AND/OR EASEMENTS OFF RECORD, IF
I I' i®��!`� 1 ANY, NOT SHOWN ARE NOT GUARANTEED.
A I L / PREPARED IN ACCORDANCE�VTTSURVEYS S MINIMUM
1@ x�l o 9.22.I.S�-•s STANDARDS FOR TITLE ND SURVEYS!A DESTABLISHED
DOPTED
BY THE H USE Y T E NEW YORK
AND ADOPTED
FOR SUCH USE Bf THE NEW YORK STATE LAND
TITLE ASSDCIA 0 I
CO .p�
,pLCE > 24 -3 _
w
SIDCNAOE FENCE x s3 c0. � WAY
PI 139.54' Z '
PE RIGHT OFF" 4 t
6"GRE L2 I -•v I �UI1lRY Pau, p�5'NO0.4'E io HT'�Q' {SIDE k /
�4_
- �- �° � � -�'�'�'�•� �'�130.9'�� � -�-—' aN N.Y.S. Lic. No. 50467
9110,; W�. �D Nathan Tafi Corwin III
's 82• -—- Land Surveyor
0 F ROA(1 !
FOUND Alm MILLER
BAT RAIN E(�l u lJ
PIPE I LINDA MILLER v 1> Tile Surveys-Subdivisions - Site Pions - Construction Layout
TA0 F IYERNER I
YLOR DR pIl`E PHONE (631)727-2090 I Fax (631)727-1727
MAT�EV SCOTT RNE I
REDITN WERNER OFFICES LocaTm AT
I MAILING ADDRESS
ME 322 Roanoke Avenue P.O. Box 1931
Riverhead,New York 11901 Riverhead, New York 11901-0965
0 a6, 17 7240'00 E /
O
AI4 .9Ilc / 1NE ALO 001,gL A� FLAG CD
Lo I
AL
'�` FLpGGEo B'� bfy 1
,L �lllc JIL AL FLAG µ1EtLANDS AS 2007 n 0 \
AUGUST 13,
LpWARD LIMIT OF Inc. ON ��
RIP-RAP' EN-CONSULTPNTS, AJ B,B
/ B,B 4 T 115 WOOD RETAINING WALL T.B SS
WALL T.B bl
0D RET"WAL
o�/�s�T.a,;iz / �,I/, � .• ON —t. •�i=' � �o
yo X -L
I B�
i I
I�
PROPOSED I�' O I� SED TEMPORARY
NON-TURF BUFFER - ^m PROPO
m I� PROJECT-LIMITING FENCE
O i m N Sc ROW OF STAKED HAY BALES f 1 —12
I �
PROP05 D I" 1 • x - PENGE I
x 72.9 PROP05ED POOL —1 4
x I SET NTH
LATH POOL)
/ x 14.6 I
� SET LA � .. ..':•:::::... x 13.4 f59�t,ExlsT., f
............. �_tr
SET LATH\ : :.::: :::: :: ::::::::: ......:.. .:......::: EXIST. DEGK BE f
EXIST Po D'FR E. '`.::'. : :`.`: GROUND FO
ROPO, 16
: :i :i: '.: ftEMOVf D , 3),
SET LATH ....... OR: :\'.•...... i:::i ::: ' a o�v'�Pa P/O EXIST. DEG& �y�p,�(51' f
24.0' :..:.:�.:.:.a •::. :::.," .;: NO. u°0`�. 5TEP5 (`} 6E ED
... . .........
PROP05ED O
. _ / yy00D 5TEP5
SET LATH F, C. NDER WOOD D = 27.E r
' rx� :••: . tom. G��.`:"`•:�::� •. :;. •' �' x17.6 �vlo
16,6 x 70.0'
27.B L17
_ FL.
-yt BASEMENT 1 / Liy
17.1
1 STORY FRAME HOUSE � ^
PROFO5ED ScGARAGE WITH DORMERS
POOL / � •� �••�
m ti:•rr:•::cr::/
EQUIPMENT/ :. i,+ o �:•:_:y
Z
/ F.FL.a2 5.1' 19.7 29.2 X L�$
/ 9.9 w 12.5' rn G.FL.ZLd-O —
y 1'25. a-n-. f 20
i io W OD Po Z'CH N A R
7.5 WOOD STEP
1 OIL FILL CAP-,'
I .-CONC.,WALK; `:•.,: :. a aaallll \ CG
o a• •o° a Co
21.0/ I ° I
'o. •v a I�I —22�.��
I /
I a I
V I Za
CEa X21A
f / FOUND PIPE c9
��TILITY POLE p.5'N, 0.4E
LIL 3382132!�
a 4 n
° ? 87 J
o a FOUND
4 — �—
_ 1
_i ALAN/j N/0 /BAI GAIN
LINDA MILLER
F/ WERNER
MATTHEW TCOTTRTAYLOR
'TAMES n mF1 WERNER