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HomeMy WebLinkAbout6597 1 i 91 JGfd c�V-iAD 5IS-1If ti t F I A BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��O� SUU�yol 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 �. .James Dinizio,Jr. .1L Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider �lif'COUM Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD E El ED c� Tel.(631)765-1809•Fax(631)765-9064 4- IV' FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF OCTOBER 18,2012 ZBA FILE: 6597 NAME OF APPLICANT: Patricia Walker SCTM#1000-52-2-33.1 PROPERTY LOCATION: 1020 Ruch Lane(adj.to Arshamomaque Pond) Southold NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this j application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its { reply dated September 17, 2012 stating that this application is considered a matter for local determination as there I appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency i review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 24, 2012. Based upon the j information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject parcel is 16,565 square feet, of which 14,250 square feet is the �. buildable area, it is located in the R40 zone district. It is improved with a single family dwelling with attached deck'and accessory framed garage with attached carport. It has 90.00 feet of frontage on Ruch Lane, 176.26 feet 1 along the eastern property line, 93.53 feet on Arshamomaque Pond, and 176.64 along the western property line as j shown on the survey prepared by John C.Ehlers,LS,dated 10-25-2010. j BASIS. OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 21, 2012 Notice of Disapproval based on an application for building permit for addition and alteration to a single family dwelling at: 1)less than the code required total combined side yard setbacks of 25 feet. RELIEF REQUESTED: The applicant requests a variance to construct addition and alteration by attaching the accessory garage to the dwelling creating combined side yard setbacks of 22.2 feet where the code requires 25 feet. ADDITIONAL INFORMATION: The subject parcel received variance relief in a prior decision #6465 dated May 18, 2011 for a single side yard setback of 5.8 feet where the code requires 10 feet. In this current request the applicant is removing the portion of the deck encroaching into the side yard as granted in the prior decision, thus creating a conforming minimum side yard. FINDINGS OF FACT/REASONS FOR BOARD ACTION: f i Page 2 of 3—October 18,2012 ZBA Fileit6597-Walker CTM: 1000-52-2-33.1 The Zoning Board of Appeals held a public hearing on this application on October 4,2012 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant proposes to join an existing accessory structure with an existing adjacent principle structure. The setbacks of the buildings will remain exactly as they have been since the two building were constructed and the removal of an existing deck in the side yard will decrease the degree of non-conformity of the total side yard setback. I 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because both buildings are existing and the only alternative would involve extensive demolition and construction. 3. Town Law V67-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing less than 10%relief from the code. The existing combined setback will actually be improved from 16.6 feet to 22.2 feet i. because the applicant is removing a portion of the existing deck located in the side yard. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. As a result of the proposed construction the applicant will be required to comply with the stricter codes concerning water runoff on the property. i 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the j limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of requested relief is the minimum action necessary and adequate to enable the j applicant to enjoy the benefit of an enlarged house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. i 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 Dinizio, seconded by Member Weisman j (Chairperson), and duly carried,to GRANT, the variance as applied for and shown on the Site Plan labeled A-1 and the floor plan labeled A-2 and A- 3 prepared by Frank Uellendahl Architect and dated August 27, 2012. i Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a i. possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 i nonconformity. i Page 3 of 3—October 18,2012 ZBA File#6597-Walker CTM: 1000-52-2-33.1 Vote of the Board: Ayes:Members Weisman(Chairperson),Dinizio,Schneider,Horning. Absent was:Member Goehringer. This Resolution was duly adopted(4-0). i Leslie Kanes Weisman, Chairperson Approved for filing 164/ yL /2012 I I i j i i - t I I i ZONING CALCULATIONS PROPOSED � ADDITION LOT AREA TO TIE LINE = ca. 16,565 SF � 7 r LOT AREA TO T/O Bluff = ca. 14,250 SF = 100.00% RECEIVED EXIST'G BLDG. COVERAGE = ca. 2,022 SF = 14.19% ADDED BLDG. COVERAGE = ca. 820 SF = 5.75% AUG 2 8 2012 TOTAL BLDG. COVERAGE = ca. 2,842 SF = 19.94% i■■1 ALLOW. BLDG. COVERAGE based on 14,250 SF R-40: 20% OF LOT AREA = ca. 2,850 SF = 20.00% BOARD OF APPEALS � CAMERA LOCATION FOR PHOTO VIEW #2 IEXT'G DECK TO BE REMOVED RESIDENCE ® PROPOSED ADDITIONS SOUTHOLD, NY 1020 RUCH LANE �, >¢ SURVEY BY JOHN C. EHLERS, P.C. 35, ------------- --- ---- DATE: OCTOBER 25, 2010 - Ir---------- - ---{�;Tm, r- o ARCHITECT IIIIIIII L FRANK UELLENDAHL FRONT YARD - -- --____- alY^ !^Y= 0 123 CENTRALPOBOX 316 AVENUE EXT'G DECK TO BE REBUILT KITCHEN LEVELLED WITH 1ST FLOOR -"- GREENPORT, NY 11944 FOR WHEELCHAIR ACCESS ""--" -_"-"" TEL: 631-477 8624 00 ;;WING RMII ----- O o ---- � PORCH __-=_=-_ OWNER H ENCLOSED 84.3 = ^_� PATRICIA WALKER 1020 RUCH LANE Lz w BR 3 BR 2 J LZ jG� 9� a Z PROPOSED ADDITION z � GARDEN Roots 6 4 DRYWELL 102 z Q =- ME PROPOSED 6'DIA. X 4' DEEP DRYWELL ? _ 7.5 WITH GUTTER LEADERS FOR ROOF RUN-OFF o ti 108.7'MBR STORAGE PROPOSED 7'X20' WOOD DECK ,70 Ln O N FINAL PARTIAL CONVERSION REVIEWED BY Z TO OF NR AL SPACE DATE: 08/27/2012 SEED CISIO # �� SCALE: 1/1s' = 1'-0' DATE O SCALE: 1/16" =1'-O* SITE PLAN SITEPLAN N DWG. NAME - - SCTMOWN OFOSOUTHO D 33.1 ■� A-1 PPI1CAT11nN ®� DWG NO SUFFOLK COUNTY, NEW YORK PROPOSED ADDITION Qo so e O N � U U PROPOSED ADDITION � RESIDENCE 0 SOUTHOLD, NY EXISTING = 1020 RUCH LANE ------------------- --- PROPOSED CRAWL SPACE FULL BASEMENT SECTION - SCHEMATIC 0 ARCHITECT g FRANK UELLENDAHL 123 CENTRAL AVENUE MUDROOM o P.O.BOX 316 �:_ GREENPORT, NY 11944 TEL: 631-477 8624 00 OWNER 00 PATRICIA WALKER 1020 O � SOUTHOLD,RUNCYHIILAN BEDROOM 3 KITCHEN 3 914-980-4774 I Y PROPOSED ADDITION I REF. GARAGE ED L E � BEDROOM 2 clearance under beam= 7'-8• • I& LIVING ROOM iN - F" cathedral ceiling � �_ ; f� 1= I FINAL MAP BEDROOM 1 M 5Z' REVIEWED BY Z 52 SEE DECISK) # DATED ) / / CLG.HGT:7—7 N N SUNROOM o 0 RECEIVED T FA DATE: 08/29/2012 CLG.HGT: 6'-10° SCALE: 1/8' = 1'-0" AUG 2 8 2012 BASEMENT ENTRANCE 8 step AUG a AS-BUILT B step 12 FLOOR PLAN BOARD OF APPEALS N a WOOD DECK DWG. NAME DN �� EXISTING s A-2 FLOOR PLAN ©j4 DWG. NO PROPOSED ADDITION 67'-4 3/4° y, 20'-3 1/2° J, 20'-0° 27'-1 1/4° U 9'-6° 41�2° 6=0 �2° 9'-10' 6F in Ea 4 T 8070 BARN DOOR 8070 BARN DOOR I EO F- RESIDENCE STONE RAMP I I � SOUTHOLD, NY STORAGE ; 1020 RUCH LANE (UNHEATED) 4' ° BEDROOM 3 00 I y 00 W 0 CD 1o'—o° I KITCHEN rDwr g FRANK UELLENDAHL I 1 = 123 CENTRAL AVENUE o P.O.BOX 316 ---- — I �E GREENPORT, NY 11944 BATH 1 CLOSET CLOSET 4 GARDEN ROOM REF. TEL: 631-477 8624 I (CRAWL SPACE) I N i OWNER PATRICIA WALKER 1020 RUCH LANE = SOUTHOLD, NY 11971 LIVING ROOM cathedral ceiling I F oA MBR f REPLACEMENT WINDOWS AND DOORS BEDROOM 2 ii CD z m DECK � o 0 0 _ q SUNROOM I I 4 EXISTING DECK it TO BE REMOVED REPLACEMENT WINDOWS AND DOORS 111-6 3 4 E3 i FINAL IV AP REVIEVY ED BY ZBA I I N N SEE DEC SIO• # �� RECEIVE® DN WOOD DECK m 1 m II d c DATED -- -,-r--- A U G 2 8 2012 I L___J I 9 DATE: 08/27/2012 ——— SCALE: 1/8" = 1'-0° _ BOARD OF APPEALS _ ' PROPOSED I r---�I � Y �o FLOOR PLAN a 27'-1 1/4" ,i N d � N 15' SIDE YARD 10' SIDE YARD a DWG, NAME �� s A-3 ®� DWG. NO SURVEY OF PROP :TY N 51TUATE: AR5HAMOMAG2UE � ,E TOWN. 5OUTHOLD 5UEEOLK COUNTY, NY p SURVEY 10-25-2010 54JFFOLK COUNTY TAX # 1000 — 52 — 2 — 33.1 = TO: !ono,-o SS, ._ p (Prjvate r �- Of -%*009 a m/ / / mr r � /o--_o ! /0 0, O ! a� gyp' m 6 Q ro 0Q 0 moo �08 �� m U) 0 20 3' J� 0 6 !! 2 rr°j a8 m ° ,l /l �w w �R`�ME r/•4, _0603 O co m -n n ! / a r I / , !� m —� / , 'l I / / °V J ry I -v � ! / co Op J Nsi-021 ' ---254S- N�3- 6 '-. NOTES- F NEW �vpp ,mtlrow ra eaa IkoeVamreaall on a OOOeilyban 5t o,�aa sl secuon a,sw-mviflon z,of the `t/��N C. EN(F �� New To,k Stole E—.tloe MONUMENT FOUND ®� pZ �s NlA f �y ��, g:�e a I M w ly p PIPE FOUND s ma kea on o 0 ) �7/ slonpea seal moll be consberea to Ire vallp tree copies• 1'•., � k:7; •Lertakotlw�s:wkotea rerean>lyuty lbl mis P tW NUMBERED WETLAND FLAGS SET BY SURVEYOR U51 NG '�'^"`;% �,prepares a cobarce nlw oo yll 'tYg Lane of proctica for Lorb Suve�p aaoptea BAGARU5 AS THE WETLAND IDENTIFIER ((( '?' £ ��.akxaa at onatpa1--1l ." `jry.,,•,W, p LaM S.+veyors. 5oltl oerlVkatkln abll rM only C� to apersonfor=!b u q prepcfaa, ma on Ns bebV to tb Mlle conpony govamron- / y lot ayercy pN bMlr�4�slllulion IFiloa t�ereoe•am y � Lrtlt ELEVATIONS REFERENCE N6VD'2q ln �ro1 refamb000itbl Mlutlo ZONED - R-40 JOIN C. EVILER SURVEYOR 6 EAST MAIN STREET N.Y.S.LIC.NO. 50202 GRAPHI6, SOALE 1"= 20' RIVERBEAD,N.Y. 11901 369-8288 Fax 369-8287 RERC:\Documents and Settings\Owner\My Documents\My Dropbox\10\10-184.pro -- - II(! O 9,]9�1 N1 G aw eea OFFICE LOCATION: oq so�lyol MAILING ADDRESS: �\ Town Hall Annex h P.O. Box 1179 54375 State Route 25 Southold,NY 11971 J (,or.Main Rd. &Youngs Ave.) Southold, NY 11971 G Telephone: 631 765-1938 \1 �l �� Fax: 631 765-3136 vuffNi LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD 5Q 1 ECENED MEMORANDUM SEP 2 4 2012 BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner j� — LWRP Coordinator .Date: September 24, 2012 Re Coastal Consistency Review for ZBA File Ref PATRICIA WALKER#6597 SCTM#1000-52-2-33.1 A site inspection was performed on Friday September 21, 2012. The Board of Trustees approved the action in September 2012 as proposed. 'Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 21, 2012 Notice of Disapproval based on an application for building permit for addition and alteration to a single family dwelling at: 1) less than the code required total combined side yard setbacks of 25 feet, located at: 1020 Ruch Lane (adj. to Hashamomuck Pond) Greenport, NY. SCTM#1000-52-2-33.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided that the following Best Management Practice is required: To further Policy 4.2 Protect and restore natural protective features and Policy 6; it is recommended that natural vegetated buffer, incorporating existing vegetation landward of the top of bluff, be established. An example definition follows: NATURAL VEGETATED BUFFER --a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs 4 up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Q COUNTY OF SUFFOLK RECEIVED SEP 2 0 2012 00ARD®F APPEALS Steven Bellone \ SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 17, 2012 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold,New York 11971 Dear Ms. Weisman: - Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code; the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant._. Municipal File Number .. . Pitman, John(c/o Suffolk Environmental) 6594 Solution East LLC 6595 Fitpatrick, Steve&Renee 6596 Walker, Patricia(c/o Frank Uellendal) 6597 Reinckens, Paul &Elizabeth 6598 McGovern, Daniel 6599 Very truly yours, Sarah Lansdale Director of Planning _ Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)853-5191 RECEIVED AUG 2 8 2012 FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 21, 2012 TO: Frank Uellendahl For: Ed& Christine Boutis (Walker) P.O. Box 316 Greenport,NY 11944 Please take notice that your application dated August 20, 2012: For permit for addition and alteration to a single family dwelling at: Location of property: 1020 Ruch Lane Southold,NY County Tax Map No. 1000 - Section 52 Block 2 Lot 33.1 Is returned herewith and disapproved on the following grounds: The proposed addition and alteration to this single family dwelling, on this non- conforming 13,590 (buildable area) square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring less than 20,000 square feet requires a total combined side yard setback of 25 feet. The site plan shows total combined side yard of 22.2 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED��� Fee:$ Filed By: Assignment No. BOARD eF AP EALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. /d20 Street /26)GC! Z_AkA5 Hamlet AVZ,, -tmo SCTM 1000 Section ,52 Block 2- Lot(s) 3-3, ( Lot Size &,_Z;&G Zone_Ae © I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPE TOR DATED S Z(IZO(Z BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address: 45* 4,0 ' Telephone: rill-11X04'►- ax: /JA Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: :FU1*JV_ U eL .E&JQRH for( Owner( )Other: i Address:_ TO13 3l40 P-o LUL 6 4!t Telephone:_ Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: 0(2//I WHEREBY THE BU ING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED_ _and DENIED AN APPLICATION DATED ­P 2/ ZD 1Z FOR: 04 Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Xk Ul Section: 200- Subsection: /2¢ Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal N)has, ( )has not been made at any time ikith res ect to this property, UNDER Appeal No(s). /d Year(s). S /eQ 2b i'o - . (Please be sure to research before completing this guest' n or call our ofce for assistance) I i Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 4- t56F6- 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: �4 �c • TTi t9 G44SZ) 3.The amount of relief requested is not substantial because: ><" 54!5E 4?77T 6tt 6 D 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: '* 6eFe 5.Has the alleged difficulty been self created? {V�/Yes,or { } No Why: Are there any Covenants or Restrictions concerning this land? /No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and t the same time preserve and protect the character of the neighborhood and the health,safety and are of the community. i Sigjature of Applicant or Authorized Agent (Ag nt must submit written Authorization from Owner) Sworn to before a this 2A day of 201�. I RECEIVED y Notary Public AUG 2 8 2012 Notary Public KStateof New York BOARD OF APPEALS No.Of`f06190696 Qualified in Suffolk County Commission Expires July 28,2 Frank Wolfgang Uellendahl Architect 123 Central Ave POB 316 Greenport, NY 11944 t: 631.477.8624 e: frank@frankuellendahl.com August 27, 2012 1P_�S_1� RECEIVED SEP 2 4 2012 Owner: Patricia Walker BOARD OF APPEALS 1020 Ruch Lane Southold, NY 11971 SCTM: 1000-52-2-33.1 Request for Variance: Proposed addition and alteration to a single family dwelling require a total combined setback of 25 feet whereas the site plan shows a total combined setback of 22.2 feet. RE:APPLICATION TO THE SOUTHOLD TOWN BOARD Of APPEALS PART A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,9 granted,because. This is an application to convert the existing garage into a master bedroom suite and connect it to the existing cottage with a 1-story addition to be used as an artist studio.The proposed addition is in keeping with what we find in this older fully developed neighborhood of small lots with non- conforming setbacks. (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: Due to the location of home and garage on the lot there is no other way to gain much needed floor area and make the entire enlarged home including decks accessible for the applicant's son who uses a wheelchair. Linking the two structures and raising the existing deck(ca.16")to the same level will facilitate the owner's goal.By eliminating the south facing part of the existing deck-which is located in the side yard-we are reducing the total combined setback from 16.6 feet to 22.2 feet,which still requires an area variance. (3) The amount of relief requested Is not substantial because: The requested area variance for this project is only 2.8 feet short of the required 25 feet. (4) The variance will NOT.have an adverse effect or impact on the physical or environmental conditions In the.neighborhood-or distdct_because: The proposed additions:and alterations do not-present a negative impact_on_the_physical or environmental conditions:in the-neighborhood since they are modest'in-scale.and are located towards the roadleavmg the.open-space-towards_the:waterside--untouched. (5) Has the alleged difficulty been self-created?(X)Yes,or( )No.Does this variance Involve as-buiB construction or activity?( )Yes,or(X)No. Frank Wolfgang Uellendahl Architect 123 Central Ave POB 316 Greenport, NY 11944 t: 631.477.8624 e: frank@frankuellendahl.com August 27, 2012 �c�J/9 RE CEIVEZ AUG 2 s 2012 Owner: Patricia Walker BOARD OF APPEALS 1020 Ruch Lane Southold, NY 11971 SCTM: 1000-52-2-33.1 Request for Variance: Proposed addition and alteration to a single family dwelling require a total combined setback of 25 feet whereas the site plan shows a total combined setback of 22.2 feet. RE:APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS PART A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties,I granted,because: This is an application to convert the existing garage into a master bedroom suite and connect it to the existing cottage with a 1-story addition to be used as an artist studio.The proposed addition is in keeping with what we find in this older fully developed neighborhood of small lots with non- conforming setbacks. (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: Due to the location of home and garage on the lot there is no other way to gain much needed floor area and make the entire enlarged home including decks accessible for the applicant's son who uses a wheelchair. Linking the two structures and raising the existing deck(ca.16") to the same level will facilitate the owner's goal. By eliminating the south facing part of the existing deck-which is located in the side yard-we are reducing the total combined setback from 16.6 feet to 22.2 feet,which still requires an area variance. (3) The amount of relief requested Is not substantial because: The requested area variance for this project is only 2.8 feet short of the required 25 feet. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: The proposed garage is located landward of the existing dwelling,the distance to the existing bulkhead is circa 50 feet.The area variance,if granted,has no environmental impact. (5) Has the alleged difficulty been self-created?(X)Yes,or( )No.Does this variance involve as-built construction or activity?( )Yes,or(X)No. APPLICANT'S PROJECT DESCRIY t iON APPLICANT: DATE PREPARED: 9127//Z 1.For Demolition of Existing Building Areas Please describe areas being removed:-PA407— C L 7Q E ��/1971�L7 - 4a/-? 8007- 7.15) 43C PZEI-10 lO,5l0 II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: RaO k �k 5:7 j6,( )c ,>�` 0 Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE i Alterations: 20 3�k c, CGES62� � Number of Floors and Changes WITH Alterations: /— 45,70/2y j/7 CV .95 10,0V&5222,MO IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2022 5F IG.�WPee7- 06-t /COL Proposed increase of building coverage: 20 S Square footage of your lot: j pT%L— 2,522SF Percentage of coverage of your lot by building area: /7,/&o V.Purpose of New Construction: 4 =,Qe ,g72—=7 AyID I VI.Please describe the land contours (flat,slope %, heavily wooded, marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): f Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard X&LO'CEIVED 4/2012 � 91 AUG 2 9 2012 BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premi s listed on the real estate market for sale? Yes V No B. Are ere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? [_6 3.)Is the property bulk headed between the wetlands area and the upland building area? XJ0 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? 05 Please confirm status of your inquiry or application with the Trustees: FA�k�/yG ADIWk)i S7?2RTZ!us and if issued,please attach copies of permit with condition dd aansdition pproved survey.��/Zj`l A=G4&Q D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? i(/Q E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 4/0 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? 4/0 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? X1 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel .42&-6, iC1S7.�L and the proposed use 4 77M6 6AiZ.4Z�E(ex:existing single family,proposed:same with E�iale,nool or other) i i Authorir cYsignature and Date RECEIVED % I AUG 2 8 2012 BOARD OF APPEALS I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed b A plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Municipality tal/�`,ri� County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5. PROPOSED ACTION IS: New Expansion 2 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 13C d�/Z77f4-44 y 13.15-7 A?Tgg5eo -I0 ;9"O 7 GI 2 wes: 7. AMOUNT OF LAND AFFECTED: Initially - 319 acres Ultimately s 39 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes HNo If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential Industrial Commercial Agriculture ❑ Park/Forest(Open Space E] Other Des ibe: 10. DOES ACJ.40N INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDEVL1 STATE OR LOCAL)? [04es No If Yes,list agency(s)name and permit/approvals: `-% qzV 2$h4 11. DOES ANY ASPECIOF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes,list agency(s)name and permitlapprovals: 12. AS A RESULT OF PEZOPeSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes njKNo I FY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsorna /G (��GG�/U �(_ PC?-P 1_1 e2 Date: Signature: If th action is in the.Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceed in , 'tlEtjjg®ssessment OVER 1 Alq 2 2012 ,� _a ry BOARD OF APPEALS 4-& PART II- IMPACT ASSESSMENT 7o pe completed by Lead 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. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,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 or 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,short 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 CRITICAL ENVIRONMENTAL AREA(CEA)? Yes No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes F1 No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope; and(Q magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) p. 15011 Wi ; AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: ��`7�lG1, 1 Ls/ LLEe2 2. Address of Applicant:' 4.5* iV®27E-1 kl7J 077 /ZYC eRQQA<�A3y 10573 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: /�DD/ �U$ G �2�77CTJZ 6. Location of Property: (road and Tax map number) /a2 D .2 v�hf Gr(, f7TLL� 7. Is the parcel within 500 feet of a farm operation? { } Yes XNo 8. Is this parcel actively farmed? { ) Yes Vr No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) )l d, 1141 e / 7 �2 Signature VXpplicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property i tried above. The cost for mailing shall be paid by the Applicant at the time the application is submitte �ie l� AUG 2 8 2(J�6y�,12 BOARD OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : VUA4L1<_-'Et2 I �TIZLG(�r (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) / Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP RECEIVED Submitted this M d of b ,20 2- Signatur l Z , AUG 2 8 2012 Print Name C' 1 K__ BOARD OF APPEALS AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: F2,tq-/V - Ls�ELL IV�� f, R& (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so;indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP — RECEIVED/ `I Submitted this ! (,20 4 Signature AUG 2 8 2012 Print Name E[7.e?� yV_ U ELL L_—nj 0EROL BOARD OF APPEALS BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD NYBTU FORM 8007 CAUTION:THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND PURCHASER.BEFORE SIGNING.. THIS INDENTURE,made the 6 day of SULH 2O12 between CHIUSTINE C.BOUTIS residing at 1020 Ruch Lane,Southold,NY 11971 party of the first part,and PATRICIA WALKER and JOHN HENRY HERKERT LIVING TRUST, as Tenants in Common residing at 454 North Ridge Street,Rye Brook,NY 10573 party of the second part, WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other lawful consideration,lawful money of the United.States,paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Southold,Town of Southold„County of Suffolk and State of New York. SEE SCHEDULE'A'ATTACHED HERETO AND MADE A PART HEREOF Being and"intended to be the same premises conveyed to the party of the first part by deed dated 5/18/2012 recorded on in-Liber TOGETHER with all right,title and interest,if any,of the,party of the first part imand to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO IIAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part,covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in'any way whatever,except as aforesaid. AND the party of the first part,in with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the-right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the.party of the first part has duly executed this deed the day and year first above written. STINE C.B'OUTIS NYSBA Residential Real Estate Form on HotDocso(9/oo) Copyright Capsoft"Development STATE OF CALIFORNIA ) COUNTY OF �k'f���LS�') On the,Z day of in the year 2012,before me,the undersigned personally appeared Christine C.Boutis,personally known to me or proved to me on the,basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity,that by her signature on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. and that such individual made such appearance before the undersigned in the ""'oo'o'0o'0j NOTAIMPTABLIC Cu A.FOLEY ommission#1884616 Notary Public-California z _ v San Francisco County DEED My Comm.Expires Mar 29,2014 .itle , 46Ps�a Section 052.00 Block 02.00 BOUTIS Lot 033.001 County or Town .SUFFOLK To BOUTIS Return By Mail To: John k.Gifford,Esq. Van DeWater&Van DeWater LLP 85 Civic Center Plaza,Suite101 Poughkeepsie,NY 12601 Reserve This Space For Use Of Recording.Office NYSBA Residential Real Estate Forms on HotDoeso(9100) Copyright Capsofti Development -2• SCHEDULE A All that certain plot, piece >arcel of land, with the buildings and improvements theron .erected, situate,. ^ lying and being at Arshamomaque, Town of Southold, County of Suffolk, .and State of New York, bounded and described as follows: BEGINNING at a point on the southwesterly side of a certain private Road 25 feet in width and known as Ruch Lane .distant 1, 030 feet anti southeasterly from the corner,formed by the intersection of the southeasterly side of North .Rdad''and southwesterly side of Ruch Lane, and which .point::..flf-:beginning is where the southeasterly corner of land now or foremerly of Herbert J. and Eileen L. Brown intersects the southwesterly side ,of Ruch Lane; RUNNING THENCE South 55 degrees, 15 Minutes 00 seconds East along the southwesterly side of Ruch Lane 90 feet to land now or formerly of Irving G.. and Suzanne M. Pitman; RUNNING THENCE South 34 degrees 45 Minutes 00 seconds West along the aforementioned land 176.26• feet to Arshamomaque Pond; RUNNING THENCE along said Arshamomaque Pond on a tie line North 55 degrees 29 Minutes 30 seconds West 90 feet to land of Brown; RUNNING THENCE North 34 degrees 45 Minutes 00 seconds East along land of Herbert J. and Eileen L. Brown 176.64 feet to southwest .side of Ruch Lane, the point of place of BEGINNING. Together with a Right of Way to and from North Road on Kings Highway over the 25 foot private Road which premises above described front. Being and intended to be the same premises as. conveyed to the Grantor in deed dated May 9, ,1991 recorded in Liber 11269 PC 352. Said premises known as and by 1020 Ruch Lane, Southold, NY 11971. Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM AUG 2 8 2012 A. INSTRUCTIONS BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 'Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C.on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /67670 - S 2 - 2 - 33. 1 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. E Building Dept. E Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license,certification: Nature and extent of action: � ,�✓t� jG� tT�� C��2>�7 c�r� 2T�C —CZ) Location of action: Site acreage: P �� Present land use: 2455j���L Present zoning classification: �d 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: .(>� (b) Mailing (c) Telephone number: Area Code( ) 1�0/, 4-7 2 egg�2,4- (d) Application number, if any: Will the action be di ctly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. Yes ❑ No (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Polic' s Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable—please explain) 41 /� ep/u GAT 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 Fd Yes 0 No V(Not Applicable—please explain) 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 E No [ (Not Applicable—:please explain) 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 Ea No [ (Not Applicable—please explain) 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 evaluatio criteria. Yes No (Not Applicable—please explain) 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. See Section III—Policies Pages; 34 through 38 for evaluation_ criteria. ❑ Yes ❑ No Not Applicable—please explain) 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 1 (Not Applicable—please explain) 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—.please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Y(Not Applicable—please explain) 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. ElYes ❑ nw No �4 Not Applicable—please explain 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 ❑ ev No u Not Applicable—please explain 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 WNot Applicable—please explain TOWN OF vvvTHOLD �rj� :.DING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? ! TOWN HALL Board:ofFIealtb:.:: _. SOUTHOLD,NY 11971 4-sets of'BnildingYftM TEL:(631)765-1802 Planning Board approval FAX:(631)765-9502 Survey SoutholdTown.NorthForkxet PERMIT'NO. Chi ;. Septieform :.,. N.Y.S.DX i✓. Trustees Flood Permit Examined ,20 Storm-Water AssessTMs*t For _ Contact: Approved 20 Mail to;, . Disapproved a/c �/ &ZA Phones !' 7� �`2 Y' Expiration 20 Building Inspector APPLICATION FOR BUILDING PERMIT 20 INSTRUCTIONS a.This application MUST be completely filled in by.typewriter or in ink and submitted to the Building aspector:wi#hj4 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 At Idin d.Upon approval'-6fthis application;the Building Inspector will issue'a Building Peiinit 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 wYig so ever tint l'itie Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the-work authorized has not commenced within 1Zmonths after.the date z 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 egacted in the4fiterim,the.Building-Inspector may authorize,;i writing,.the extension:ofthe permit for au. addition six months.Thereatlerna.new permitshall be required APPLICATION IS;1iEREBY MADE to the Building Department for the issuance of a Building Permit:pursuagt to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the constructionofbuildings,;additions„;or;aferations.Qr.for.removel;ordemolitionra erein;dgscri}�edy3he; applicant agrees to comply witty 4'.applicable laws,ordinances,by dingpode,hobs' ' co&'au'tr' ulations,and'tq authorized inspectors on premises and in building for necessary inspections,, or 4 ..: (Signature of applicant or name,if a corporation) (Mailing addiess ofapplieant)," State whether applicant is owner,lessee,agent,architect,engineer;general contractor;electrician;plumber or builder 49,( ,a/TACT Name of owner of premises (As on the tax roll or latest deed). If applicant is a corporation,,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians LicenwNo: Other Trade's'License•N6. 1. Location of land on which proposed work will be done: House Number Street Hamlet 33 � 52 County Tax Map No.100.0 Section..., Block a2 _ Lot_:. 3: :. State existing use andbedupancy,of premises ai...:..=ded use and occupancy of proposed construction±' ; a. Existingmise,andioc©upancy. ✓/t��/✓77�yC- i ft,3f::c �� 1 �� b. Intended use and occupancy Nature.of work(check which V R ble):New Building Addition V Alteration ~ Repair Removal: Demolition Other Work � 7 — Estimated.CQSs 1 2.�2,0,l�CO Fee (Description) (To be paid on filing this application) If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number-of cars If business,commercial or mixed occupancy,specify nature and extent of each type of use. Dimensions of existing structures,if any:Front20.31 t 27(� Rear 20_3 74-27;/f Depth 30,-4(f 4 ?[ Height Number of Stories___/ ( -707-; � Dimensions of same structure with alterations or additions: Front 624 Rear G7¢ Depth 55 •7 HeilFite;t: 4%`"61�5;A ,'Alui•nb&`bf Stories / Dimensions of entire new construction:Front Rear Depth Height Number of Stories Si2eiof lot:-Front,": Rear qb:! 2,6�, 0.Dat&ofPiit�-A-05-06r''O/,Narite of Former Owner 1.Zone or use districf'in wfiili'-premisos`ate situated 2.Does:proposed,consUyuction.ytolate•any zoning law,ordinance or regulatiori7 YES. tJ''' . .:.... 3.Will lo#be re-graded?YES NO✓ Will excess fill be.removed;frorn premises?.YES.a/:,:I�10___ 4.Names ofrOwaerof wises Clf Add.- /AaV -Zj—,g .Phone:Nb.,.gl -IF0-1077¢ Name of Architect J14k41M�14( Address•Ad8:3/A -.G—n; ,PhoneWo>,;cam/'=4.77-r1'�4 Ndnie of Cotttcat tor! AtBd>ens i t ''+ Plioi No'• :. .y'i,:.,7 ' . V'£.� ��fii.:a':^, .: :;•ii }�..,: l� .'/ ..,. r .. };''t ''ii.� : ":-',.i i! : nr�rir/. .i. •:.. ..,. 5 a rs }1is 'vdiSfr�Y(i13i1`elrti of a'tir�l`viietlgacl'dr#t`fieshwatervvetlaYtd?=*Y�E�`s'i/ 3V0 i : ; *IF YES;`SbI;D't'�1Wf�Tl�l'JS T1S&If.> f✓t P Y BE , "' b.Is this property within 300 feet of a tidal wetland?`"- 0 *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 5.Provide survey,to scale,with accurate foundation plan and distances to property lines. 7.If elevation.at.any:point,on,piigperty is at 10 feet or below,must provide topographical data on survey. 3..Ace,there any;covenants and re starictions.with respect to this-property?,*,YES. • NO ✓ *IF YES,PROVIDE A COPY. rATE OF NEW YORK) s OUNTY OF 44 -7KPu/L being drily sworn,deposes and says t'0i)}ie is the applibant•' (Name of individual signing contract)above named, - ;)He is the APR-12�1 Y�G� (Contractor,Agent,Corporate Officer,etc.) said owner or owners,and is duly authorized to perform or have performed the said work and to make•and,11le:this application; at all statements contained in this application are true to the best of his knowledge and belief,,-and that:the Work,wilfbe, ;rformed in the manner set forth in the application filed therewith. worn tq before me this Z/ .. day of - � 20 Notary Public.*' _ Sign of Al:9&ant' „> Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) r I residing at Al (Print property owner's name) (Mailing Address) (( do hereby authorize , 'A o y (S c-C-LQXID P 4L (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) �v (Print Owner's Name) �&6 9 RECEIVED AUG 2 8 2012 BOARD OF APPEALS ' ✓��/.ten\�'�i� /% O 4 _ eoQ 00.. R044I10 / 90 00, 10 CN o � ,e tiP RECEIVED AUG 2 8 2012 7 � BOARD OF APPEALS qM titi . Q��OG 9°00 ;Q a F AO 0O SURVEY OF PROPERTY AT ARSHA MA MOQU E prepared In accordance with the mm.:t.: TOWN OF S OUTHOL D Nandards For title sarveys as es(abli.h,:- qy S U F F O L K ' COUNTY , N.Y. the LI.A.LS. and approved and adapNd 1000 - 052 - 02 - 33 for ach use by The New_York Stan LQrA TdW Association., SCALE 1 u = 30 NOV. 20 , 1986 LAND SG A. cr`�20 tac�o9L�'.c ,, Zo O CERTIFIED TO s AMERICAN TITLE INSURANCE CO. Y. S. LIC. NO . 49668 MORTGAGE CORP. �® O ED. BO, ECO ORS 9 ENGINEERS , F C . ( 516 ) 76 020 --P-O. BOX 909 MAIN ROAD SOUTHOLD ,N .Y. 11971 ZONING CALCULATIONS PROPOSED LOT AREA TO TIE LNE =co. 15,880 SF ADDITION LOT AREA TO T/O BANK =co. 13,590 SF R EXIM BLDG.COVERAGE =co. 2,126 SF ADDED BLDG.COVERAGE =co. 594 SF TOTAL BLDG.COVERAGE =ca. 2,710 SF ALLOW.&Z.COVERAGE hosed on 13,590 SF EXT'G DECK R-40: 20%OF LOT AREA=ca. 2,718 SF TO BE REMOVED PROPOSED ADMoNs X 1P RESIDENCE o SURVET W PECONIC SURVEYORS,P.C. SOUTHOLD NY 35' ;' o DATE:NOVEMBER 20,19M 1020 RUCH LANE FRONT YARD sorurrrsj EXT'G DECK TO BE REBUILT LEVELLED WITH 1ST FLOOR 123 a GREE7W,NT 11944 z TEL 631-477 8624 1 I r OWNER PATMA KO SWMD,W 11971 914-9W-4774 CA 60' PROVIDE WHEELCHAIR ACCESS TO MN HOUSE AND DECK Q m C-) !� CA 87' Q � 1 PROPOSED WOOD DECK o o �n IPARTIAL CONVERSION OF GARAGE TO RESIDENTIAL SPACE RECEIVEDDATE, OA/21/24 _ �L 9 srxE: 1i1e•-r-a• SCALE: 1/16' =1'-0* SITE PLAN AUG 2 8 2012 SITEPLAN 1111'li. SCTMJ = 1000-52-02-33 NWEA-1 BOARD OF APPEALS TOWN OF SOUTHOLD ®� M NO SUFFOLK COUNTY, NEW YORK PROPOSED ADDITION ---------------------- - 0 RESIDENCE MUDROOM SOUTHOLD NY 1020 RUCH LANE 00 L-----------------------J I _ I O 00 � eRrurrrCj KfTCHEN Flw. L BEDROOM 3 t23 c�. uE ru.o6A�16 ❑ GREEIPOR1,W 11944 isa TEL•631-472 6624 GARAGE I OWNER y i PATRON WALKER 1020 RICH UNE BEDROOM 2 SOUTHyq=anti F^ c,w ra under beam=7'-8__ LMNG ROOMmwm i >s � I BEDROOM i i I I acrW: a y� a SUNROOM T CLGJR.V-10• € , $ ® 8 step 0 step WOOD DECK DN � DATE: 01 /2012 Scu. 1/6•-V-0• REC AS-BUILT � FLOOR PLAN �5 AUG 2 g 2012 DWG.NWE A-2 ® BOARD OF APPEALS Eg DWG NO PROPOSED ADDITION mc 211a I r 6• /� v-i 14• .1i BARN DOOR 8070 RW DOOR 0 RESIDENCE ' SOUTHOLD NY 1020 RUCH LANE STORAGE ��- BEDROOM 3 00 00 earugGg KITCHENFPA 1IL i 123 C LIE � 18I WENO .W 1184 WERGARTEN __-- TEL s31-4n 8824 DINING igBATH CLOSET CLOSET — OWNER PARA AER 1020'R LVE SOURIOID,NY 11971 -------------- ---- _ . 914-980-4774 ------- G LMN ROO MBR BEDROOM 2 LLJ z z � J o b DECK o v SUNROOM II II I I, I, I I, DN WOOD DECK RECEIVE DATE, 08/21/2012 AUG I r-- PROPOSED 2 ZO,Z / Ir---� � FLOOR PLAN rr-I w• F � BOARD W.NNE 15' SIDE YARD OF APPEALS 7 10' SIDE YARD A-4 gig W.ND ' .• ..f�^ "}.� , •, �f� .fit, w✓ r�� � k } APPLICATIONZBA RESIDENCEWALKER SOUTHOLD, DATE: 0: RECEIVED.23.2012 BOARDOF APPEALS r Ili ..,. ZBA APPLICATION WALKER RESIDENCE 1020 RUCH LANE, SOUTHOLD, NY PHOTO #1 - HANDICAP ACCESS TO ELEVATED DECK DATE: 08.23.2012 h -�6 �9 / RECEIVED AUG 2 8 2012 BOARD OF APPEALS k 1 �r -1.-tv�^ �s F y'� ��',•. j � { ryl Cm �f� a ` t �K ZBA APPLICATION WALKER RESIDENCE 1020 RUCH LANE, SOUTHOLD, NY PHOTO #3 - VIEW FROM RUCH LN LOOKING SOUTH DATE: 08.27.2012 RECEIVED AUG 2 8 2012 BOARD OF APPEALS OFFICE LOCATION: - �QF S MAILING ADDRESS: Town Hall Annex �� y0� P.O.Box 1179 54375 State Route 25 ~ Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) 411 Southold,NY 11971 011 ae Telephone:631 765-1938 Fax. 631765-3136 l�CoU0 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDWfWEIVED RFCFr� 0,92 FO AUG 2 8 2012 ep' Rp �?��1 To: Leslie Weisman, Chair BOARD OF APPEALS OF 4 Members of the Zoning Board of Appeals pp��`S From: Mark Terry, Principal Planner LWRP Coordinator Date April 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. CHRISTINE CONTE-BOUTIS#6465 SCTM# 1000-52-2-33.1 - Request for Variance from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an application for building permit existing deck addition at; less than the code required minimum side yard setback of 10 feet, at: 1020 Ruch Lane(adj.to Arshamomaque Pond)Southold, NY. SCTM#1000-52-2-33.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: §268-3. Definitions. MINOR ACTIONS item"F" and"ll"which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The variance requested will not affect a regulated natural feature and the parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road,Stony Brook, NY 11790-3409 Phone: (631)444-0365-•Fax: (631)444-0360 Website:www.dec.state.nv.us LETTER OF NO JURISDICTION TIDAL WETLANDS ACT January 12, 2011 �' RECEIVED Ms. Christine Conte-Boutis RECEIVED 2000 Broadway AUG 2 8 209 Apt.-214 11aR 15 2011 6, San Francisco, CA 94115 BOARD OF APPEALS BARD OF APPEALS UPA# 1-4738-04017/00001 Facility: 1620 Ruch Lane, Southold, N.Y. SCTM#1000-52-2-33.1 Dear Ms. Conte-Boutis: Based on the information you have submitted the Department of Environmental Conservation (DEC) has determined that the property landward of the "top of bluff' line, as shown on the survey prepared- by John C. Ehlers dated 10/25/16, 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 b out project (i.e. a 15'to 20'wide construction area)or erecting a temporary f e, barrier, or hale ay berm. Plea note th this letter does not relieve yo of the responsibility of obtaining any necessary pe it or a rovals from other agencies or io I municipalities. i ce Iy J h an D ut Permit - dministrator cc: Peconic Permit Expediting, Habitat-TW, File BOARD MEMBERS ��f SO Southold Town Hall Leslie Kanes Weisman,Chairperson J O Urifil 53095 Main Road•P.O.Box 1179 � O ti p Southold,NY 11971=0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer cn ac Town Annex/First Floor,Capital One Bank George Horning 0 ,A�aa�0 54375 Main Road(at Youngs Avenue) Ken Schneider `�C�� �`G'` Southold,NY.11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS ��� / TOWN OF SOUTHOLD RECEIVED L5 2 C E W el.(631)765-1809•Fax(631)765-9064 AUG 2 8.2012 D BOARD OF APPEALS MAY 2 3 2011 FID GS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 18,2011 BLDG.DEPT. TOWN OF SOUTHOLD Z NAME OF APPLICANT: Christine Boutis. PROPERTY LOCATION: 1020 Ruch Lane(adj.to Arshamomaque Pond) Southold NY SCTM#1000-52-2-33.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 28, 2011 stating that this application is considered a matter for local determination as there- appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of.Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply'dated April 26,2011.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTSMESCRIPTION: Subject property is improved with a. one story frame house and attached decks and a detached accessory garage. It has 90.00 feet of frontage on Ruch Lane, with 176.26 feet along the eastern property line, 93.53 feet on Arshamomaque Pond and 176.64 feet along the western property line as shown on a survey dated 10/25/10 prepared by John C.Ehlers,LS. BASIS OF APPLICATION: Request for Variance from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an application for building permit existing deck addition at; less than the code required minimum side yard setback of.10 feet. RELIEF REQUESTED: The applicant is requesting a variance for an existing rear deck addition with a side yard setback of 5.8 feet where the code requires a minimum side yard setback of 10 feet. ADDITIONAL INFORMATION: The agent for the applicant was asked to provide written information regarding when the sliding door on the side of the dwelling and the deck were installed. In a letter received on May 10, 2011 the agent stated the door was installed in 1988 and the deck was built in 1992. The adjacent neighbor most affected by the location of the.deck sent a letter to the Zoning Board dated April 18, 2011, stating he has no objection to the deck. Additionally the applicant applied for and received a Trustee permit dated March 24,2011. Page 2—May 18,2011J ZBA File#6465-BoutoutisIln/ q� CTM: 1000-52-2-33.1 I FINDINGS OF FACT/REASONS FOR BOARD ACTION• The Zoning Board of Appeals held a public hearing on this application on May 5,2011, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(D) Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck and the side entrance have existed for more than a few years without incident. There are several homes with attached decks on the water-front and this area is an older fully developed neighborhood of small lots with non-conforming setbacks. 2. _Town Law 4267-b(3)(b)(2) The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the house, which is elevated above grade, has an entrance which is located on the side and therefore requires a landing and stairs in the side yard. The deck and side yard entrance have existed for many years and it would not be feasible to remove it. 3. Town Law 5267-b(3)(b)(3) The variance granted herein is substantial. The relief granted herein represents approximately 44 percent relief from the code required 10 foot minimum side yard setback. However, the neighborhood consists of a number of small lots with non-conforming setbacks. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The side entrance has existed since 1988 without incident. 5. Town Law 8267-b(3)(b)(5) The difficulty has been self-created in so far as the deck and the stairs were constructed without the benefit of a building permit, however,the house was constructed prior to zoning with an 11 foot 4 inch setback from the side property line any deck that would be added to the side of the house would require some relief from the code. 6.Town Law V67-b-b. Grant of a variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variance as applied for, and shown on the survey prepared 10/25/2010 by John C. Ehlers, Land 1 Surveyor. i I Conditions: The side and rear yard decks must remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. 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. j The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase.the degree of nonconformity. Page 3—May 18,2011 ZBA File#6465-Boutis CTM: 1000-52-2-33.1 Vote of the Board. Ayes:Members Weisman(Chairperson), Horning, Goehringer,Dinizio,Schneider. This Resolution was duly adop d(S-0). .... Leslie Kanes Weisman, Chairperson Approved for filing S7/A/ /2011 i i I A TOWN OF SOUTHOLD, NEW YORE ACTION OF THE ZQMNG B I�OARD OF APPEALS DATJune 22, 1967 Appeal No. 1106 Dated May 2 9, 1967 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Rensselaer G. Terry, Jr. , Esq. a/c William L. Pitman Appellant Main Road 17 Creston Avenue Southold, New York Tenafly, New Jersey at a meeting of the Zoning Board of Appeals on Thursdays June 22,..196.7 �5g the appeal was considered and the action -indicated. below was taken on your RECEIVED ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance . QV Request for a variance to the Zoning Ordinance AUG .2 ( ) BOARD OF APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined_that ik special exception ( Y.be granted ( ) be dented pursuant to Article ............... section Subsection paragraph of the Zoning Ordinances and the decision of the Building Inspector ( ) be reversed < ) be confirmed because 7:40 P.M. (E.D.S.T) , Upon-application of Rensselaer G. Terry, Jr. , Esq., Main Road, Southold, Nev York, a/c William-L. Pitman, 17 Creston Avenue, Tenafly, New Jersey, for a variance in accordance with the,Zoning Ordinance, Article III, Section 303, Article III, Section 300, Subsection 6, Article X, Section 1000A,, for •permission to divide property with insufficient frontage and construct an accessory building In the side and front yard area. - Location of property: west -side private road, Arshamomaque Colony, bounded north by Herber J.--Br'own,' east`,.by.Private Road, muth by Irving C. Pitman, west by Mill Creek. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (Would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (Would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because After investigation and 3hspection the Board finds that the applicant requests ,Permission to sell of a strip of land 10 feet in width to the adjoining property owner. The only real change here will be a change of the property line on the map and will not change the chaaracter of the neighborhood. The Board finds that the proposed garage will be setback further on the property and this will be benefical to the area. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same:use. district apd the va)riance does observe the rp ,ra,t .pf_the:Or4nence, �hexegorc�,..it,was RESOLVED, that Reassel?ker G. ,-Terry,,-:Jr. , Esq;,r.,;J2ain toad,-..Southold., New York,.- a/c William L- pitman, 17 Crestpn t&yvnue,..-T.enakfly., New..Jersey, be granted pe=ission to divide property with insufflcient frontage and cpnstruct an, accessory .building in, the-- front-:yard area as applied for on'property located on the,west side. of Private , .A Road,, Colony, Southold, New York. r TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTORI DECEIVE® TOWN HALL (j SOUTHOLD, NEW YORK J CERTIFICATE OF OCCUPANCY (Y AUG 2 2012 NONCONFORMING PREMISES BOARD THIS IS TO CERTIFY that the �F APPEALS Land Pre C.O. #- Z15471 Jx/ Building(s) Date- December 8, 1986 /+/ Use(s) located at 1020 Ruch Lane Southold Street Hamlet shown on County tax map as District 1000, Section 052 Block 02 , Lot 33 doesknot)conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient total area; accessory garage in side-yard. On.the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming }¢X/Land /}_} Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a one story, one family, wood framed dwelling, with enclosed- an accessory crrarage with attached carport; and situated in A-Residential Agricultural zone, with access to Ruch Lane; a private road. The Certificate is issued to JUDITH PITMAN (owner, 39KM4%X&XVeNX=Y of the aforesaid building. Suffolk County Department of Health Approval N/A UNDER`ATR.ITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. 3ui2in- inspector FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Hall Southold, N.Y. AUG 2 2012 Certificate Of OccupancyBoARD OF APPEALS No_ . . . Z- 15726 Date . . .May 5 , 1987. . . . . . . . . . . ... . . . THIS CERTIFIES that the building ,Convert to year round one family dwelling Location of Property 1020 Ruch Lane Southold , New York House No. Street Hamlet County Tax Map No. 1000 Section . . . . . .Block . . ? . . . . . . . . . .Lot . . , . .3 3 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . : . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated February 23, 1987 pursuant to which Building Permit No. . . .5..I. . . . . . . . . . . . . . . dated February 28 , 1987. . . . . . . . . . . . . . . was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . CONVERT TO YEAR ROUND ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to .. . . . . . . _ E D BOUT I S . . . . . .(owner, X. . . . . . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . .N/A. . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . . . 8 0 6 9 17. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . PLUMBERS CERTIFICATION DATED: N/A Building Inspector Rev.1/81 TOWN OF SOUTHOLD g�FFD(;YC sod o�y� BUILDING DEPARTMENT Q' TOWN CLERK'S OFFICE Py.• SOUTHOLD; NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 36447 Date: 6/3/2011 Permission is hereby granted to: Boutis, Ed & Boutis, Christine 15 Carolina Rd Douglaston, NY 11362 To: as built Deck addition per ZBA decision #6465 as applied for RECEIVED t- AUG 2, 9 ?012 remises located BOARD OF APPEALS At p t d at. 1020 Ruch Ln, Greenport SCTM # 473889 Sec/Block/Lot# 52.-2-33.1 Pursuant to application dated 5/24/2011 and approved by the Building Inspector. To expire on 12/2/2012. Fees: SINGLE FAMILY DWELLING -ADDITION OR ALTERATION $639.20 CO-ADDITION TO DWELLING $50.00 Total: $689.20 Building Inspector TOWN OF SOUTHOLD . � �OPERTY RECO RD CARD fN FR " Is " STREET ;"` VILLAGE DISTRICT SUB. LOT iu R ER OWNER dal. • S N E ACREAGE aln 1. ) /08 cat, s S W TYPE OF BUILDING 7 �.., ,T�� L CYO �c VL. FARM COMM, IND. CB. + MISC. -AND IMP. TOTAL DATE REMARKS 1 D i 00 Igor I+ oo s i �3� �i ti L k1 L 1�7 ` �? to 1151 ?-52. v o aid c 7� 66 / 2 /fi VIA aI90C fl0d 'r �/8� �F" / 24 � G 0. c ISJ `$P 15r7f$ Cov�uer�. +d Pui.r�ur ' 2Sa , 10tgRMAL BELOW 3 ABOVE Farm Acre ' Value Per Acre Value ' - L C ` )le 2 � /v G ale, 3 6- Hand F�,E J---. IV 0 G ipland land 8pq Jj e Plot qp •.� ' i '�.11l . Ypq rWY p■ �Y� ��1�.1�3�CSi- l�g� ■ N�Il�G�3�lf ■ j O�OgUFFO(�c0 ELIZABETH A.NEVILLE,MMC �� G.y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 00 Fax(631)765-6145 MARRIAGE OFFICER y RECORDS OF MANAGEMENT OFFICER ��,� .�`a� Telephone n.no 7 fork. 0 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: August 29, 2012 RE: Zoning Appeal No. 6597 Transmitted herewith is Zoning Appeals No. 6597 of Frank Uellendahl for Patricia Walker- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Copies of Application for Building Permit with Disapprove Dated August 3, 2012, Authorization Letter from Patricia Walker to Frank Uellendahl to Represent her in this Matter, Notice of Disapproval from Building Department Dated August 21, 2012, Copy of Survey Showing Property as it Exists Dated November 20, 1986 Prepared by Peconic Surveyors & Engineers, Three Pages of Plans Showing Floor Plans &Drawings Dated August 21, 2012 Prepared by Frank Uellendahl,Three Pages of Photos Showing Stakes Where Changes will be on Property, Copy Letter from Local Waterfront Revitalization Program#6465 Stating Proposed Action is Exempt from LWRP Review Dated April 26, 2011, Copy of Letter from New York State Department of Environmental Conservation Stating that No Permit is Required Dated January 12, 2011, Three Pages of Zoning Board of Appeals Findings &Determination No. #6465 Dated May 18, 2011, Two Page Copy of Action of the Zoning Board of Appeals No. 1106 for Permission to Divide Property Dated June 22, 1967, Copy of Certificate of Occupancy Pre C.O. Z15471 for Insufficient Total Area; Accessory Garage in Side-Yard Dated December 8, 1986, Copy of Certificate of Occupancy No. Z-15726 for Convert to Year Round One Family Dwelling Dated May 5, 1987, Copy of Building Permit No. 36447 for as Built Deck Addition per ZBA Decision#6465 Dated June 3, 2011, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exists Dated October 10, 2010 Prepared by John C. Ehlers—Land Surveyor, Three Pages of Plans Showing Existing&Proposed Floor Plans Dated August 27, 2012 Prepared by Frank Uellendahl-/Architect. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/29/12 ZBA# NAME CHECK# AMOUNT TC DATE STAMP 6597 Walker, Patricia 1852 $500.00 RECEIVED AUG 2 Southold Town Clerk $500.00 By_lc_ Thank you. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/29/12 Receipt#: 141703 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6597 $500.00 Check#: 1852 Total Paid: $500.00 Name: Walker, Patricia A 575 Ruch Ln Southold, NY 11971 Clerk ID: CAROLH Internal ID:6597 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�VryO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider ��ij'COn%��v Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 4, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 4, 2012: 11:15 A.M. - PATRICIA WALKER #6697 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 21, 2012 Notice of Disapproval based on an application for building permit for addition and alteration to a single family dwelling at: 1) less than the code required total combined side yard setbacks of 25 feet, located at: 1020 Ruch Lane (adj. to Hashamomuck Pond) Greenport, NY. SCTM#1000-52-2-33.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(aD-Town.Southold.ny.us Dated: September 10, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0969 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants.) SCTM Parcel # 1000- e�2 2 COUNTY OF SUFFOLK STATE OF NEW YORK residing at Its Cev ZRL A`✓e i New York, being duly sworn, deposes and says that: On the l'"ie"day of�2�t ('', 20(4 I personally mailed at the United States Post.Office in�( j._3 pp(�'�" , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the X Assessors, or( ) County Real Property Office for every property which abuts and i cross public or private street, or vehicular right-of-way. of record, surrounding the s property. • f ignature) Sworn to before me this 24 day of ���urr' , 20 CAROL MELL NOTARY PUBLIC-STATE OF NEW YORK (Notary 11 ) NO.01HY6189695 OUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 06/30/261 W 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. 1 . OC k) L( C L L-,D C+ G t'E-I-C ) ., CERTIFIEDCERTIFIED MAILT. RECEIPT RECEIPT D• • coverage. • m /r / • Insurance Coverage, r -r 1 - . • • .- •l�TE,V'NV-4lY�11 7 L U 3 E r T " ; 0 ILn CO ( , E � 45 44 T. i p�jAl j .,� Postage $ $0 cE3 �� 7, CO Postage $ G.45 09�-�. Er `D Certified Fee $2.95 04 Certified Fee $2.95 04 sFP Postmarko„ © ftl ostmark Return Recei t Fee n r ae p C7 ®° C3 (Endorsement Required) $2.3�, i Y• r�„�� j 1 O Return Receipt Fee +fit° �%� ere �U n J i O (Endorsement Required) o �'�, M Restricted Delivery Fee Restricted Dative Fee h $0.0G ry 4 (Endorsement Requked) f� $G.GG ° � -• . t� 0 (Endorsement Regmred) r• Total Postage&Fees $ 5.75 09hg1201 - rt l $ 5.75 `6�l/17/Z01� CD N _...__ co Total Postage&Fees COru r-9 CO. Sent To Sent To Er rq -----2----!--- ---- ----------- ----- � ra $treat Apt.No.:�J `Cl�l / T✓ /^ ��-��-"" p Street,Apt.No.; ------------- - ---------------°---- Re C] or PO Box No. -- ��_C C— or PO Box No. (Endors ----- t - -----•-----------------------•-----^.-_�-- - �•---------- iJ City State,ZIP+ y- q� ` t City,State,ZIP+ (Endors :�� �� :r o PS Form Ln Total Postage&Feea $ 5°75 09/17/2012 r`- Total Postage&Fees $ $5.75 09/1?7`0� r-1 t-n Sent To ra � Street i�ptIvo.;---�-------------------------------------�-----------•-------- � ��'W'U t� or PO Box No. (;,t �a � 1 I. C3 I ® N-11 y.. NOD'��( it flip� is s.� L ��� to $ $0.4� ©� !�! Postage :. ro Postage $ $0.45 0944 � ,(�,� co /. z co Certified Fee $2.95 N,`► Certified Fee $2.955 04 / We1ark : � osjk 0 ( Return Receipt Fee $`�15 i �f(a'r�21 Return Receipt Fee �j•� Endorsement Required) , y C3 (Endorsement Required) $2.-' �QJ Y C3 9 / ' r3 t3 Restricted Delivery Fee ©� C3 Restrcted Delivery Fee r (Endorsement Required) ! 00 (Endorsement Required) $0.00 �] ` S' _ $5.75 09/17�01 0 � _- f`' Total Postage&Fees � -r_.�S o Total Postage tf Fees $ $5.75 09/17/2012 1�—i ',`' l ,r�-�' ent-To Sent To LqLJdq -&/A-r CH-v f L----------- '� ----------- - rl r 9 Street,ApL No.; r��� - - / G rl Street Apt. -0.; /'� E3 or PO Box No. J l6�� ��/�!� � Ciry,State.ZlP+ ice, � n� /� G6q�! .,(/ v✓ Uff✓I (J ��1�/ COMPLETE THI SECTION, ON DELIVERY 1 • • . lete `Sign at agent ■ Complete items 1,2,and 3.Also comp X Addressee item 4.if-Restrict Delivery is desired. C. Date of Deliv r� ■ Print your name and address on the verse B. R ceiv Printe me) so that we can return the card to y v.� ■ Attach this card to the back of the mailpiece,or on the front if space permits. D. Is de ry address different from item 1? I Yes If YES,enter delivery address belo No 1. Article Addressed to: IP w: 'a ()&W VM V/ 3..Se e Type CertMed Maii ❑Express M41(r` [3 Registered 1-3Return Receipt•for Merchandise I ❑Insured Mail ❑d:O.D. . 4. Restricted Delivery?(Extra Fee) ❑Yes 9 prtir.InNumhri 18 8 8 5 4750 1❑�, . 7 1 1 u 11 -, 102595-02-M-1540 U t SECTIONTHIS COMPLETE SECTION COMPLETE ■ Complete items 1,2,and 3.Also complete A ZSignre 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. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes ' IF 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑.fifes,,, F„ * 2. Article Number n (Transfer from sere 7009 2'820 0003 9581 2738 PS Form 3811,F yf025a5?02-M-1540 e A, sf a TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) " Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #10.00- i!52, — �1 -- COUNTY OF SUFFOLK) STATE OF NEW YORK) L . - 42Ll2 k UeO ddd residing at /—�V1 1Z. 3�'� , New York, being duly sworn, depose and say that: s� On the day of 6 �G' e C , 2012, I personally placed the Town's Official Poster, with the date oT hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or.right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be - (Signature) ' PwSwornto before me this Day of 2012. Public t llo a �N . `O-6190696 w York (Notary Public) Qualified in Suffolk County Commission Fxoires Jolt'28. pl near the entrance or driveway entrance of my property, as the area most visible to passerby. r' COMPLETE ■ Complete items 1,2,and 3.Also complete A. Sign . ram, item 4 if Restricted Delivery is desired. ❑Agent r ` < ■ Print your name and address on the reverse X �' ❑Addressee so that we can return the card to you. qi ■ Attach this card to the back of the mailpiece, B. Received y(Printed me) C. dbte of Delivery ; 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 LEA j 3. S rvice Type Certified Mail Express Express Mail 3❑Registeri?�-' ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, (Transfer from;sem 1_5 7 0'.�.000, . 8 8.8.5 4 7 6 7 PS Form 3811,F- ••, 102595-02-M-1540 ON. ■ 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 Y3IJ4 ❑Addressee so that we can return the card to you. B�ceive by Tinted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery add erflt m 1? ❑Yes 1. Article Addressed to: If YES,enter i elo ❑No G Cb co �S 1 N 1117" - 3. Service Type ^ ? Certified Mat•I @-t xp Mail J ❑Registered ❑Fjift rfi'lieceipt for Merchandise r,. ❑Insured Mail ❑.G b:: 4. Restricted Delivery?(Extra 17,Yes 2. Article Number; i ; s; �. (1-ransfei fnirn service lal '• i' -Z 0],`1, Il5-7-0 0 q 1 . 8`8 8`5 PS Form 3811,Februal .- 1Ca 595-02 ---— Nu- TIi, E OF HEARINO The following application will be heard by the Southold Town E oard of Appeals at Town Hall, 53095 Main Road, Southold : NAME WALKER, PATRICIA #6597 MAP # 520=2=33ml - "4 "ARIANCE SETBACK REQUEST ADDITION/ALTERATION DATE : THURS , OCT. 49 2012 11 : 1 5 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 . BONING BOARD -TOWN OF SOUTHOLD 765 = 1809 C„�w #10873 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), successfully commencing on the 4th day of October, 2012. Principal Clerk Sworn to before me this J day of 0&401 r7U 201.2. LEGAL NOTICE 10:00.A.M. - ALAN FIDELLOW SOUTHOLD TOWN 96578 - Request for Variances from r '/ ZONING BOARD OF APPEALS Article XXII,Code Section 280-116(B) Gals1iINA THURSDAY.00TOBER 4,2012 and Article IV Section 280-18 based on PUBLIC HEARINGS an application for buildin ermit and: VOLINSKI NOTICE ISH.EREBYGIVEN,pur- building the Building Inspector's February NOTARY PUBLIC-STATE OF NEW YORK suant to Section 267 of theTown Law and ice ,Tpwn Code Chapter.280(Zoning),Town of.D amended August partial 2 e Notice No. 01 V06105050 of Southold,the following public hear- re Disapproval for partial demolition, ings will be held by the SOUTHOLD reconstruction and addition to single Qualified In Suffolk County TOWN ZONING BOARD OF AP- family dwelling,at;1)Less than the code My COrM 1010n Ekplres February 28, 2016 required bulkhead setback of 75 feet,2 PEALS p.the Town Hall,53o95 Main ) 1.1:00 A M �RICHARD DOWN Road; 1'.O. Box: 1179;.Southold, New less than the minimum side yard setback of 15 feet,3)less than the combined to- G #6593 - Request for Variances York R 41. 095�,on..THURSDAY.QC- tal side yards of 35 feet,located at:4036 from Article,'XXIII Section 280-124 and TOBER 4..2012: Great Peconic Bay Blvd;,.(adj.to Great. the Builduig Inspectoe's'7une 26,2012 M:9:30 A- SOLUTION EAST LLC Peconic Bay)Laurel,NY.SCTM#1000- Notice of Disapproval based on an ap- #6595-Request for Variances from_Ar- 128-6-1 plication for building permit for an ap- ticle XXIII_Co&Seaton 280424,based tion and re-coIIstruchon of.arhew single on an a licatibn'for buildin ermit 10:30 A.14I:`.dOHN.`PTTMAN#6594- fd pP g P Request tot variance_ft& Articld jd I family dwelling at:1).Joss:than the code and the Building Inspector's August 9, Section 40-124 and:the Building Ins c required minimum side yard setback of 2012,amended August-.30 2012 Notice tor's t 7 2012'Ndtice of-Di sa 15 feet;2) less than the code required of Disapproval eoacermng ,proposedp" combined side yard,setbacks.of 35 feet, addition and alteration to it sin a fam-. Proval based on an application for build- ing permit for demolition and construe- located at:1280 Eayberry Road(adj.to sq.g. 2)less than the code required lot ily dwelling,at,1)1e$s than the wde re-. iron of a new single famil dwellin at a Lagoon)Cutchogue,NY.SCT'M#1000 quired front yard setback of 35-feet fory g. 118-2-10- width of i50 linear ft;rotated at:955& both"front aids on,tins corner lot,2. 1)less than the code.iequired.combined 1065 Hummel Avenue.Southold, NY. y ) side and setbacks,of�5 feet;located at: 11:15 A.M:-PATRICLA WALKER more than the code permitted lot cover- Y. #65 Re SCTM#'s-1000-63-2-25&26 age of 20/°-maxim 1100 Ruch Lane(adj.'to:Hashamomuek — - quest.tor Variance from Arti- The Board of Appeals will hear all g ° um located:at:1060 pond) Greenport,NY SCTsham 00 5 k cle XXIII Section 280.124 and the Build= Second Street(corner King Street)New Ins persons or their representatives,.desir- Suffolk,NY SCTM#1000117-7-25. 2-34 & 1000-52-3-11.(both parcels are g pec*'s A4,Mt 21,261�2 Notice of considered one lot) Disapproval based'a an application for mg to be heard at each hearing;and/or 9.45 A.M -DANIEL-McGOVERN buildirtg permit for addition and alters- desiring to submit written"statements 10 45 A M.. - RENEE PONCET. -#65 -Request for Variances froru.4r: .i lion to a single fatnilydwellin dwelling-at, less before the conclusion of each hearing. title XXII:(ode Section 280=11 afia- ,FITZPA�RIeK #6596 - Request for g ) Each hearing will not start earlier than Vagow from ttcrtiel�IlI.Sect on 28015 n the code required total.corpb%ned Article XXIII Section 280 124 based on and.tjW , side yard setbacks of 25 fee%-.located at: designated above.Files are available for an application for building.permit and. 2' ti kl dfAg inspector s Augu Tt 27, 1�0 Ruch Lane(adj:to Hashamomuck review during. regular business,hours the Building I. pe ors May'9 2012, (t'Z Noticeb;IatsapproVal'liased on an pond) Greenport,NY SGTM#IAQO 52- and prior to the d'ay of the;hearing.If amended September%6 2012 Notice of application for buildin 2 331 you have:queshons�-plea�e.cputact.our g permit for ad- office if, (631) 765=i809, or by email: Disapproval for decl�addition to single dition to a single family dwelling at:1) "� PAS A•'and ELIZA- family dwelling,"at-,I)-less than the code upon construction of the addition to the BRL REINCICBNS#6598 1Ycgitest �ck�.Toth@Town.Southold ny us required bulkhead setback of 7S feet;2) dwelling the._legally existing in-ground for Variances under Article IV Section Dated:September 10,2012 less than the minimum side yard setback swimming pool will.be located in a iota- 280-18 and< the Banding., Inspector's ZONING BOARD OF APPEALS of 10 feet,located at:830 Oak Avenue lion other than the code required rear August 27;"2012 Notice:of Disapproval LESLIE KANES WEISMAN,CHAIR- (adj.to unnamed Street&Goose Creek) yard(side yard),located at:415 Wiggins based on an application for building per- PERSON Southold,NY.SCTM#1000-77-1-4 Lane (corner Wiggins lane)Greenport, mit-for.a,subdivisioa,atkProposed Lot 1; BY:Vicki Toth NY.SCTM#1000-35-5-40.1 1)less than the code required minimum 54375 Main Road(Office Location) lot size of 40,000 sq.ft.,2)less than the 53095 Main Road(Mailing/USPS) code required lot width of 150 linear ft., P.O.Box 1179 and Proposed Lot 2;1)at less than the Southold,NY 11971-0959 code required minimum lot size of 40,000 10.873-1T 10/4 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net September 4, 2012 Re: Town Code Chapter 55 —Public Notices for Thursday,October 4,2012 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 September 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another-address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than September 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later.by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned. "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to- hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 2, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS 0 SO�r Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 53095 Main Road•P.O.Box 1179 h O James Dinizio,Jr. Southold,NY 11971-0959 � � Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • aQ 54375 Main Road(at Youngs Avenue) Ken Schneider CDUNT`I Southold,NY 11911 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 August 29, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex f Southold, NY 11971 _ Re: ZBA File Ref. No. #6597 (Walker) Dear Mr. Terry: We have received an application for an addition and alteration in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��O�$UUjyOI 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. .1L Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider COUNT`l Southold,NY 11971 5 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 29, 2012 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 #6597 Owner/Applicant: Walker Action Requested: Addition/alteration - setback Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) O Boundary of Existing or Proposed County, State, Federal land. O Boundary of Agricultural District O Boundary of any-Villa ge or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0f so 53095 Main Road•P.O.Box 1179 �jyo Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning O 54375 Main Road(at Youngs Avenue) Ken Schneider COW V Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD.OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 19, 2012 Frank Uellendahl, RA P.O. Box 316 Grreenport,NY 11944 RE: ZBA Application#6597 -Walker Dear Mr. Uellendahl: Transmitted for your records is a copy of the Board's October 18, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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