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Kaba,k �® �a --k /-v e, htc4 �i-hLc�— g 5 . or- Ole acre ssOY bl wig/ /11/71 42 70 4 J A-A i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �*®F ®�TyO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer co Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider OU Southold,NY 11971 I http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 RECEIVED i -4- FINDINGS,DELIBERATIONS AND DETERMINATION C iOn MEETING OF DECEMBER 6,2012 ZBA FILE: 6602 out holderk NAME OF APPLICANT: Emilia and Ilya Kabakov SCTM#1000-123-8-5 PROPERTY LOCATION: 1700 Park Avenue(adj.to Great Peconic Bay)Mattituck,NY - 'f 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 I County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 23, 2012 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 DETERMINATION: 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 a recommendation dated October 15, 2012. 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 FACTS/DESCRIPTION: The,applicant's property consists of a total land area of 102,812 square feet, �. of which 100,854 sq. ft. is buildable land, with 162.50 feet along Park Avenue, 640.61 feet along the westerly side property line, 154.71 feet along the Great Peconic Bay and 638.80 feet along the eastern property line. The property is improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 3,803 square foot single-family dwelling and 602 square foot deck, plus two detached buildings totaling 6,762 sq. ft. The architect's site plan dated September 19, 2012 was taken from the survey prepared by Nathan Taft Corwin,LLS dated 12/14/2011. BASIS OF APPLICATION: Request for Variances from Article III.Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2)more than the code permitted square footage of 3%maximum. RELIEF REQUESTED: The applicant requests variances to construct a small two story addition to an existing accessory building at a height of 25.33 feet where the code permits a maximum height of 22 feet and for total square footage after construction of 4496 sq. ft. where the code permits a maximum square footage not to exceed 3%which would.allow for total square footage of 3362 square foot. i I Page 2 of 3—December 6,2012 ZBA File46602-Kabakov CTM: 1000-123-8-5 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on November 15, 2012 submitted revised plans indicating no increase on the first ! floor;the total increased square footage of the proposed second story and reduced the proposed ridge on the second story from 25.33 ft.to a conforming 22 feet. ADDITIONAL INFORMATION: On December 6, 2007, the applicant received a variance under Board File #6091, on this same accessory structure to maintain the height of 25.33 feet and for total square footage of 4174 sq. ft. However, the decision did deny any expansion of this large building to the north. The applicant at that time constructed a new detached storage building sometime after this variance was denied. At the hearing on Nov. 1, 2012 the applicant's agent was asked to define the proposed ridge height, and the proposed square footage to be added to the existing storage area. In a letter dated November 13, 2012, the architect submitted an amended plan with a proposed conforming ridge height of 22 feet which was a reduction from the 25.33 feet as applied for. He also indicated in the amended plan a second floor addition at 35.4 feet by 21.1 feet or 746.94sq. ft. and eliminated the first floor addition to the plan as originally applied for. At the public hearing the adjacent neighbor made no objection to the proposed additions but voiced concern about the possible impacts to shared power lines that would be caused by increasing the existing 22 foot high ridge to a proposed 25.33 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1, 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 V67-b(30)(1). Grant-of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The entire area of Park Ave. is residential on both the north and southeasterly side. The applicant has a very large lot with two existing free standing storage buildings totaling approximately 6762 sq. ft. Both structures are in the code conforming front yard of this waterfront property and are not visible from the road because of their substantial setbacks. The new alternate plan simply proposes to square off the existing second story, and eliminates the need for a height variance by lowering the proposed ridge to a conforming height. 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. The applicant is requesting to add square footage to an existing storage building that is already non-conforming in size. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial because the existing storage building already exceeds the total square footage of 3% of total lot area per single'accessory structure permitted by code. However the proposed second story addition of 746.94.sq. ft. will not increase the existing lot ! coverage, and is far less intrusive on the subject property than the construction of another large accessory storage structure which the applicant could build as of right. 4. Town Law §267-b(3)(b)(4) Although 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, at the hearing the immediate adjacent neighbors were concerned with possible impacts to the power lines that stretch over the existing storage building to their property. However, since the proposed ridge height as amended has been lowered to conform to the existing 22 feet, no alteration to the lines will be necessary. The applicant must comply with Chapter 236 of the Town's drainage code. 5. Town Law§267-b(3)(b)(5). The difficulty has been self-created. The structure was originally built without the benefit of permits and was granted substantial variance relief in the prior decision.The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive J • Page 3 of 3-December 6,2012 ZBA File#6602-Kabakov CTM: 1000-123-8-5 knowledge of the 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 the requested alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additional space on the second story of their existing storage building while preserving and protecting the character of the neighborhood and the health, safety and welfare of the f community. i i RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to i Grant, the alternative relief requested, as shown on the architectural plans prepared by Mark K. Schwartz, Architect dated November 13, 2012 pages A-1 and A-2, subject to the following condition: f i 1. The accessory building shall be used for storage only, no sleeping or cooking facilities permitted. i 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(s)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 nonconformity. . i Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer, Dinizio.Schneider.Absent was Member Horning. This Resolution was duly adopted(4-0). �. i• �p Leslie Kanes Weisman, Chairperson F: Approved for filing /2012 I is i. I i i . 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FLOOR PLAN SCALE: 1/8"= 1' a 35'-4' H O 10 o I N O Q ......... ......... A uvLAa Of.WINDOW w/NEW DOdI 2ND,FLOOR ADDITION •I _ (NEM N ......... ......... `v dU o � c c FINAL MAP REVIEWED BY ZBA 2ND. FLOOR PLAN SEE DECISION # DRAWN: MH/MS SCALE: 1/8"= 1' SCALE: 1/4^ 1'-O^ �� JOB q: DATED / ( , 'T November13,2012 +�•� SHEETNUMBER: A-2 � � ! | / | | ' | | � � � � � | | � ' 1 ! � � i � | � � / | | � | | � | | | / . � CHITECT M ARK SCHWARTZ &ASSOCIATES 28495 Main Road•PO Box 933•Cutchoguc, NY 11935 631.734.4185 1 www.mksarchitect.com November 13,2012 RECEIVED f TRANSMITTAL NOV I e12 To: Southold Town Zoning Board of Appeals BOARD OF APPEALS P.O.Box 1179 Southold,New York 11971 Project: Kabakov accessory building 1700 Park Avenue Mattituck,New York 11952 (SCTM#1000-123-08-05) From: Mark Schwartz,AIA We transmit the following-letter and revised plans-hand delivered on November 13,2012 Remarks: Dear Zoning Board members, Mr. and Mrs. Kabakov and I have reviewed the Zoning Boards concerns with our application and we are requesting review for alternative relief. In lieu of expanding the first floor and adding a second floor with a ridge height of 25.33",we are requesting only a second floor addition over the existing first floor and the proposed ridge height will be 22 . Please review the revised plans and call this office if you have questions or require additional information. Thank you very much for your professionalism. FINAL MAR Mark Schwartz REVIEWED BY EE D 'C is # 0 DATED AIA iY(eviber American Jnstitute of Architecture COUNTY OF SUFFOLK 1 RECEIVED OCT 2012 t APP EALS L9 Steven Bellone BOARD OF SUFFOLK COUNTY EXECUTIVE Department of —� Economic Development and Planning `J Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment �4 October 23, 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 A14-14 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 Kabakov, Emilia 6602 Lipovac, Denis & Suzana 6607 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 m HAUPPAUGE,NY 11788-0099 ■(631)853-5191 OFFICE LOCATION: �OF SO!/T�, MAILING ADDRESS: Town Hall Annex h�� Ol0 P.O.Box 1179 54375 State Route 25 Southold, NY 11971 y� (cor. Main Rd. &Youngs Ave.) �J Southold, NY 11971 G Q Tel 631 765-1938 �V, �� Ol ^�`�O Fax: 631 765-3136 coum LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM E G [ 0 y 006 12 To: Leslie Weisman, Chair U1.1 16 2012 Members of the Zoning Board of Appeals L-- SoLthhold Town B®�Bi�FT� From: Mark Terry, Principal Planner LWRP Coordinator Date: October 15, 2012 Re Coastal Consistency Review for ZBA File Ref EMILIA and ILYA KABAKOV#6602 EMILIA and ILYA KABAKOV#6602 - Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of.Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM#1000-123-8-5 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 second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "BB" and "F" which states: BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; 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 parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney RECEIVED FORM NO. 3 O C T 0 12012 NOTICE OF DISAPPROVAL BOARD OEAPPEALS DATE: September 24, 2012 TO: Mark Schwartz for E &I Kabakov P O Box 933 Cutchogue, NY 11935 Please take notice that your application dated September 13, 2012 For permit for an accessory addition at Location of property 1700 Park Avenue, Mattituck, NY County Tax Map No. 1000- Section 123 Block 8 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed accessory addition is not permitted pursuant to Article III, Section 280-15. In the AC &Low Density Residential... Districts, accessory buildings and structures ... shall be ... subject to the following requirements: B Buildings with a sloping roof shall be subject to the following height & setback limitations. The maximum height on lots over 80,000 sq. ft. is 22'. The proposed height is 25.33'. C) Such buildings...shall not exceed 3% (percent)on lots over 60,000 sq. ft. Upon completion, the footprint of one of the accessory buildings will measure qpnroximately 4496 sq. ft. permit Examiner TOWN OF'SOUTHOLD BUILDING PE IT APPLICATION CHECKLIST BUILW*-;G DEPARTMENT Do you or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application RECEIVE® Flood Permit Examined 20 Single&Separate OCT 0 12012 Storm-Water Assessment Form Contact: Approved 20 BOARD OFAPpEgLS Mail to: MA rG SC i�w�12 Tz Disapproved a/c Phone: Expiration ,20 LJ)7SE Building Inspector S 2012 APPLICATION FOR BUILDING PERMIT Bi_DG.f) pl. Date 0 h3 1 2- , 20 Tcf.! n r! ono INSTRUCTIONS` a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of thi;s•:application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.',Every bulilding permit shal I expire if the work authorized has not commenced within 12 months after the date of issuifte or has'not been completed within 18 months from such date. If no zonijlg amendments or other regulations affecting the property,have'been enacted in the interim,the Building Inspector may authorize, in-writing;the ektension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Bui Iding Zone Ordin l', e of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable.'laws, ordinances, building code, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) t_ (Mailing address of applicant) State whether applicant is owner, lessee;age I, archite'cengineer, general contractor,'electrician, plumber or builder l t 01 Name of owner of premises (As on the tax roll of latest deed) If applicant is a corporation, signature of duly authorized officer, (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which propos d work.,will be done: 1700 House Number Street H let County Tax Map No. 1000 Section Z Block d Lot 0 5' r Subdivision Filed Map No, Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy �S'1i)6 6 C—EA 101 L 4e b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition 1Z Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. 'If business,'commercial or mixed occupanc specify nature and extent of each type of use,. 7. Dimensions of exis mg structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front ear Depth � � Depth 10. Date of Purchase Name of Former Owne��r,, 11. Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law, ordinance or regulation? YESY—NO 13. Will lot be re-graded? YES NO_L/Will excess fill be removed from premises? YES NO 14. Names of Owner of pre ises ``/ iq0 T/ Address Phone No. Name of Architect r�� Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS>1AY PeFREQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to tlus property? * YES NO X * IF YES, PROVIDE A COPY. CONNIE D. BUNCH Notary Public,State of New york. STATE OF NEW YORK) :�. No.0113U6185060 N ,--Qualified.in 5uff6lk'Couit COUNTY OF J' K0 I xpires APrilP14 t SS: ` Commission E , y ,2 f � ,Lh- being duly sworn, deposes and says that(s)he is the applicant Name of individual signing contract)above named, (S)He is the (Contractor Agent,torporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me th' t o� day o 20 a' r`^p . Notary Public :. Signatu pli.cant 1 APPLICATIOP A THE SOUTHOLD TOWN BOARD 1_,_�_�PPEALS RECEIVED or Office Use Only OCT 0 1 2012 Fee:$ Uv_ Filed By: V Y I • Date Assigned/Assignment No. Office Notes: 13 DARD OF APPEALS House No.1700 Street Park Avenue HamletMattituck SCTM 1000 Section 123 Block 8 Lot(s)5 Lot Size 102,812 sq.ft. Zone R40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED � r Z Applicant(s)/Owner(s):Emilia and Ilya Kabakov MailingAddress:1700 Park Avenue Telephone:631-298-6530 Fax#: Email: NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative:Mark Schwartz,Architect for®Owner,or C]Other: Agent's Address:P.O.Box 933,Cutchogue,Ny 11935 Telephone(631)734-4185 Fax#:(631)734-2110 Email: mksarchitect@optonline.net Please check box to specify who you wish correspondence to be mailed to,from the above names: mrlpplicant/Owner(s),or [Authorized Representative, or tether Name/Address below: WHEREBY THE BUILDING INSPECT R REVIEWED MAP DATED ('j /l and DENIED AN APPLICATION DATED Z FOR: building Permit OCertificate of Occupancy ❑Pre-Certificate of Occupancy Change of Use hermit for As-Built Construction E])ther: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance b numbers. Do not quote the code.) Article Section 280- f s Subsection Type of A peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. QA Variance due to lack of access required by New York Town Law-Section 280-A. [3nterpretation of the Town Code,Article Section EIZeversal or Other A prior appea6as,tas not been made at any time with respect to this Property,UNDER Appeal No._Q_Year (Please be sure to research before completing this question or call our office for assistance.) � d9� 200� Name of Owner: 2 File# � (QngIVED REASONS FOR APPEAL(additional sheets may be used with orenarer's signature): 0 C T — 1 2012 AREA VARIANCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: An undesirable change will not be produced in character to the neighborhood or nearby properties because the character of the addition is consistent with neighboring properties and will match existing structure and is within allowable roof heights as required by the town (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 benefit sought cannot be achieved by method feasible because the proposed addition will create an extension of the storage area for art sculptures and is critical for the owners. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the proposed addition is only 315 sq.ft.and the total lot coverage is 11.4%. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the profile of the addition will match existing. (5) Has the alleged difficulty been self-created? Yes,or E]Ko. Are there Covenants and Restrictions concerning this land: ©No. Eyes(please furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. v;.. Check this box ([]) IF A USE VARIANCE IS BEING REQUESTED, PLE E COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to our attor l Signature of Appellan r A orized Agent (Agent must submit writte Author' lion from Owner) Sworn to foe me this day of /o� Notary Public TOTH Notary Public No.Ol�'N619O696e�for, Commission Expi Suffolk 28,20 t APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) F RECEIVED ;w Applicant:Emilia and Ilya Kabakov Date Prepared:August 27,�012 UCT- 2012 I.For Demolition of Existing Building Areas Please describe areas being removed: front bump out wall on left side of house BOARD OF APPEALS H. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension:overall:111 4"x 27-71/2" Dimensions of new second floor:overall:30'x33'-8" Dimensions of floor above second level: Height(from finished ground to top of ridge): highest point:25'-6" Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: no III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 story storage connected with 2 story existing storage on North and South sides. Number of Floors and Changes WITH Alterations: 2 story(to match existing) IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property:11,167 sq.ft. Proposed increase of building coverage: 322 sq.ft. Square footage of your lot: 102,812 sq.ft.(gross),100,854(buildable) Percentage of coverage of your lot by building area: 11,489 sq.ft. (11.4% lot coverage) V. Purpose of New Construction: Extend portion of west side of existing structure to align with the north section of building.Existing outside stair to be relocated,connecting to existing deck(to be re-built for connection)with anew landing.Re-construct roof and floor to match with existing building. 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): Overall property slopes at approximatly 2% +/-.Property is grassey and wooded.Proposed adddition will have no impact on wooded area. The proposed addition is minimal on the property and does not negativly affect surrounding properties. Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 0,9 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION OCT 0 12012 A. LU4 subject pre� s listed on the real estate market for sale? Yes ✓ No 130ARD OF APPEALS B. Are there any proposals to change or alter land contours? _allo Yes please explain on attached sheet. C. l.)Are there areas that contain sand or wetland grasses?No 2.)Are those areas shown on the survey submitted with this application?Yes 3.)Is the property bulk headed between the wetlands area and the upland building area?Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?No 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?No 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?No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Existing House(no change) Storage Building and the proposed use No Change(square off) (ex:existing single family,proposed:same with garage,pool or other) 1pc� 0 2 �- Authorized si re and Dat 617.20 Appendix C RECEIVED State Environmental Quality Review OCT 01 2012 SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only BOARD OF APPEALS PART I-PROJECT INFORMATION To be completed by A plicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Mark Schwartz,Architect Kabakov 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 1700 Park Avenue Mattituck, NY 5. PROPOSED ACTION IS: New ® Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Extend portion of west side of existing structure to align with the north section of building. Existing outside stair to be relocated, connecting to existing deck(to be re-built for connection)with a new landing. Re-construct roof and floor to match with existing building. 7. AMOUNT OF LAND AFFECTED: Initially . acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes Fv/1 No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? © Residential M Industrial Commercial Agriculture Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY ( RAL,STATE OR LOCAL)? FEDVYes =No If Yes,list agency(s)name and permit/approvals: 11. DS ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes jjjINo If Yes,list agency(s)name and permitlapprovals: THC G�letsp t16 6vlc,om-1 6j- C of os 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: 2 Date: Z Z Signature: 16 If the action is in the Coastal Area, and you area state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER e ^s£'Re+�let PART II - IMPACT ASSESSMENT To be wm leted 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 11 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. Longterm,short term,cumulative,or other effects not identified in CI-05? Explain briefly: RECEIVED C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: OCT 0 1 2012 130ARD OF APPEALS D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? Yes 11 No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes rj No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting(i.e. urban or rural);(b)probability of occurring; (c)duration; (d)irreversibility; (e) geographic scope; and (f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ® Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name 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) r, " lr Vi\ 3 V 1J1V11001V1N 1J 1 %J VV 1VL'il a/[u V VV 1`1_u\. a 11VL'1V 1) 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 inte rest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 6 , -U V m i L 14 (Last name,first name,midd16 initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) RECEIVED NATURE OF APPLICATION: Check all that apply.) OCT U 1 2012 Tax Grievance Variance BOARD OF APPEALS Special Exception If"Other", name the activity: Change of Zone 0 Approval of Plat Exemption from Plat 0 or:Official'Map Other 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 0 NO E:32t] Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The. Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): .A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); 0 C) an officer,director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day Qf Z Signature: G Print Name: KA G A is o✓ f i1 RECEIVED AGRICULTURAL DATA STATEMENT OCT 01 2012 ZONING BOARD OF APPEALS 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 th eneral Municipal Law. .--- 1. Name of Applicant: /�274 2. Address of Applicant: rtl Gv 45' 3. Name of Land Owner(if other than Applicant): G ev 4. Address of Land Owner: (70d /0,4/4,r 4LIE- 5. Description of Proposed Project: Ai9yt I O Al �T E�,-�zt J- 77A.J Gr 1?420,A./J' 6. Location of Property: (road and Tax map number) (?6'0 f°4f?iC 7. Is the parcel within 500 feet of a farm operation? { } Yes {;?Not ,48. Is this parcel actively farmed? { } Yes {,�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) Signature o Ap can 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 owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RE40 16VED01 OCT 01 2012 AGENT/REPRESENTATIVE BOARD OP APPEALS 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. �/J YOUR NAME: 5 C bt/ /" 1 (Last name,first name,mfddle' itial,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 Submitted this day of ,20� Signature Print Name G! • a i WCEIVED Town of Southold 0 C T 012012 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 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# 126 _04 _17.2 The Application has been submitted to(check appropriate response): Town Board ® Planning Dept. ® Building Dept. ®✓ 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: Proposed additions and alterations to existing one story cottage to expand living area. New drywells to collect roof runoff and new septic system is proposed. oa Location of action:1700 Park Avenue,Mattituck RECEIVED Site acreage:102,812 sq.ft. OCT 0 12012 BOARD OF APPEALS Present land use: Present zoning classification:R40 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:Emilia and Ilya Kabakov (b) Mailing address:1700 Park Avenue (c) Telephone number:Area Code( )631-298-6530 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 0 No 0 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 0 No ❑© Not Applicable The project entails additions and alterations to the existing residential structure in a heavily developed neighborhood. Policy 1 is not applicable to the project. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria © Yes © No F0 Not Applicable The subject property does not contain nor does the project affect historic or archeological resources;nor is the project located in a historic maritime area.Policy 2 is not applicable to the project. RECEIVED Attach additional sheets if necessary O C T O 12012 Policy 3. Enhance visual quality and protect scenic resources throughout the Z ARIPS6 i 1h See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes ® No ® Not Applicable To the extent that this policy is applicable to the proposed project,visual quality and scenic resources will be protected at the site through the protection and maintenance of the well vegetated area buffering the developed portion of the site from the tidal wetlands of Great Peconic Bay. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes ® No 0 Not Applicable The project does not address nor affect erosion control structures or other erosion/ flooding control initiatives.Policy 4 is not applicable to the project. 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 FO Yes ® No ®Not Applicable The proposed project is consistent with Policy 5 via installation of a drainage system of drywells to control,manage and recharge storm water runoff Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. El Yes ® No® Not Applicable This project will be consistent with Policy 6 for the same reasons described for Policy 5;because there will be no loss of wetlands and because the statutory and regulatory requirements of both the Southold Town Trustees and the New York State Department Conservation will be complied with. RECEIVED Attach additional sheets if necessary BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. 0 Yes ® No 0 Not Applicable The project will neither affect nor have an impact on air quality in the Town of Southold.Policy 7 is not applicable to the project. 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 0 Not Applicable The project will neither create nor require the handling of solid waste or hazardous substances.Policy 8 is not applicable to the project. 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. ® YeSQ No 0 Not Applicable The project is limited to the upland portion of the property,public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project.Policy 9 is not applicable to the project. 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. 0 Yes 0 No 0 Not Applicable The project neither proposes nor affect,- ;..Aer dependent uses.Policy 10 is not applicabie to the projecRECEIVE® Wo. seAe Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ® Yes ® No 'L'O' Not Applicable The project neither proposes nor affects commercial or recreational fisheries or other uses associated with living marine resources of Long Island Sound.Policy 11 is not applicable to the project. 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 ❑0 No 10 Not Applicable The project site is neither situated on nor adjacent to agricultural lands.Policy 12 is not applicable to the project. 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 ✓O Not Applicable The project affects neither the use nor development of energy and mineral resources.Policy 13 is not applicable to the project. Created on 512510511:20 AM �boa RECEO 1700 Park Avenue OCT 01 2012 Mattituck, NY 11952 BOARD OFAPPEALS August 27, 2012 To Whom It May Concern: I, Emilia Kabakov, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Zoning Board of Appeals and the Southold Building Department. I also consent to inspection of this property by the aforementioned authorities. The proposed residential construction project is located at 1700 Park Avenue, Mattituck (SCTM#1000-123-08-05) Sincerely, Emilia Kabakov date: APPEALS BOARD MEMBERS so Mailing Address: James Dinizio,Jr.,Chairman Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer Southold,NY 11971-0959 Ruth D.Oliva Office Location: Michael A. SimonD i0� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COU0; ' 54375 Main Road(at Youngs Avenue) Southold.NY 11971 RfECEIVED http://southoldtown.northfork.net OCT 01 82 ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD BOARD OF APPEAL Tel.(631)765-1809•Fax(631)765-9064 �" 3 3 7� 0EC 18 FINDINGS, DELIBERATIONS AND DETERMINATIO Qn°.-2- MEETING OF DECEMBER 6, 2007 oufhold Town Clod ZB File# 6091 —Ilya and Emilia Kabakov Property Location: 1700 Park Avenue, Mattituck CTM 123-8-5 SE RA 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. LWRP CODE CHAPTER 268: A letter dated October 24, 2007 was submitted to the Board of Appeals confirming the applicant's proposed action is exempt from review pursuant to Chapter 268-3(F) for the reason the proposed building is located greater than 100 feet from the wetland boundary or regulated natural feature, as per Chapter 275 (Wetlands and Shorelines). 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 October 31, 2007 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property consists of a total land area of 103,058 square feet, with 162.50 feet along Park Avenue (a/k/a South Road), and a depth of 641.14 feet along the westerly side property line. The December 8, 1998 survey prepared by John T. Metzger shows the property to be improved with two wooden bulkhead structures along the shoreline of Great Peconic Bay and improved with a 2,790 square foot single-family dwelling and 346 square foot deck, plus two detached buildings. The architect's site plan shows updated construction existing at the same premises, with as-built additions connecting and extending the preexisting, nonconforming accessory 'buildings, and shows the proposed new area of 1,800 square feet. The existing accessory structure consists of Page 2—December 6,2007 ZBA File#6091—Emilia Kabakov CTM 123-8-5 RECEIVED OCT 01 2012 three sections totaling 4,174 square feet (858 sq. ft. and 1516 sq. ft. garage areas Va' D OF APPEALS as-built 1800 sq. ft. storage area). BASIS OF APPLICATION: This application is based on an application for a building permit and the Building Inspector's June 19, 2007 Notice of Disapproval concerning proposed additions (as-built and new) to the existing accessory (storage/garage) building, which is not permitted at a height exceeding 22 feet in height and less than 25 feet from the side property line, citing Sections 280-15 (B and F) for this waterfront parcel. Code Section 280-15B states that buildings on lots containing over 80,000 square feet in size are limited to 22 feet in height (maximum) and in a location not closer than 25 feet from any property line. Code Section 280-15E states these building may be located in the front yard while meeting the side yard setback requirements for accessory buildings in Section B above for a waterfront parcel. The new addition, and the as-built structure built without town approval, are not permitted under Code Section 280-15C. This code provision states that: "On lots over 60,000 square feet, no accessory building shall exceed three (3) percent of the total size of the property. The garage with the "as built" construction already exceeds the code limitation of 3092 square foot. (or 3%) with 5,974 square feet of coverage by the existing conditions. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 15, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests area variances pertaining to the section of the accessory structure which was built without town approval. The as-built construction is +/- 25 feet in height, greater than the current code limitation of 22 feet in height (to the top of the ridge) and results in 4174 square feet, or 4% of the parcel size, greater than the current code which limits the size of an accessory building to 3% (3,092 square feet) of the parcel (103,058 square foot parcel). The setback is conforming at 25 feet from the side line. Also requested are area variances related to the proposed additional module of 1,800 square feet adjoining the as-built accessory building. This new construction would increase the size of the building to a total of 5,974 square feet (or 5.8%). It would also exceed the current limitation of 22 feet in height with its proposed 25 feet in Page 3—December 6,2007 ZBA File#6091—Emilia Kabakov CTM 123-8-5 RECEIVED OCT 01 2012 height, and when proposed with a 22 foot setback, would also be less than the MD OF APPEALS minimum of 25 feet from the eastern property line on one corner. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §.267-b(3)(b)(3)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, A: Grant of the variance concerning the additions to the accessory building will produce an undesirable change in the character in the neighborhood or a detriment to nearby properties. This will be the only 103,058 square foot parcel in the area having a single accessory building of a size greater than 3% of the parcel size. B: Grant of the variance concerning the as-built addition will not produce undesirable change and allows the large-scale paintings to be properly stored in the existing as-built building. Also, the property is heavily wooded with a depth of over 600 feet. All of the adjoining lots are also heavily wooded with long depths, but no other lot has the same number of garage expansions in a single accessory building consisting of 5,974 square feet. 2. Town Law g267-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. The benefit sought by the applicant cannot be achieved by some method. feasible for the applicant to pursue, other than an area variances for the existing as- built accessory building. However, the requested new increase for an additional module (1,800 square feet) can be achieved without an area variance. 3. Town Law g267-b(3)(2)(3). The variances requested herein are substantial. The variance requested in relation to the size of the accessory building with a new module would be 5,974 square feet, greatly in excess of the building size limitation of 3% (maximum) of the parcel size, and is substantial resulting in 5.8% of the parcel size. The relief requested results in 60% of a variance over the code allowance for building size. While the as-built storage building currently meets the code-required setback of 25 feet, a variance is necessary concerning its size, currently 4,174 square feet, and for its nonconforming height over 22 feet. The requests for the height is not substantial, representing 13% variance from the code allowance of 22 feet to the top of the ridge. 4. Town Law §267-b(3)(b)(5). The difficulty was self created. The premises was acquired with accessory buildings on the property. Page 4—December 6, 2007 - r_/�0 ZBA File#6091—Emilia Kabakov l(J1�J CTM 123-8-5 RECEIVED OCT 01 2012 5. Town Law §267-bQ(h)(4). No evidence has been submitted to suggest that aD OF APPEALS variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the variances concerning only the as-built section of the existing storage building is the minimum necessary and adequate to enjoy the benefit of storing the large-scale paintings and other large works of art, 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 Oliva, seconded by Member Weisman, and duly carried, to DENY the variances, as applied for, without prejudice, concerning the proposed additional construction to this accessory storage building; and to GRANT the variances, as applied for, concerning the as-built accessory building. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairman), Oliva, Goehringer, Simon, and Weisman. This Resolution was dul adopted 0). Y ames Dinizio Jr., C airm n 12/ y/2007 Approved for Filing wl ADDITION O TO THE RECENED I I RESIDENCE MATTITUCK OCT 01 ZQl2 r BOARD OF APPEALS j I �06RfF1w-Nr 1944 1a 63, 8624 FAX:631_0 2997 ow 30'-0' 44 1700 ' NY 11%2 top� 63-298 6530 NORTH ELEVATION SCALE: 1/8'= r-0' SECTION SCALE- 1/8°= 1'-o' W 2 m f LL WORKSHOP SCULPTURES ARCHIVES i ARCHIVES s I � III I DAIS 09/21/2007 VAL 1/"*=1'-0' so'-o° so'-o' 50'-2 1/2 E.' Ss'-2 t/2° PROPOSED PROPOSED ADDITION u. EXISTING ACCESSORY STRUCTURES sc1/1s' = 1'-o° FLOOR PLAN AND ELEVATIONS 0N0.M" A — 2 ®ij ds.No FORM NO. 4 oa TOWN OF SOUTHOLD RECEIVE,) BUILDING DEPARTMENT O C T Office of the Building Inspector 2011 Town Hall �®AdQ®OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34609 Date: 10 13 10 THIS CERTIFIES that the building ADDITION TO ACCESSORY Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 8 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 15, 2009 pursuant to which Building Permit No. 35178-Z dated NOVEMBER 24, 2009 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 SECOND STORY ADDITION (STORAGE ONLY TO AN EXISTING NON-HABITABLE ACCESSORY GARAGE AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 134031C 09/10/10 PLUMBERS CERTIFICATION MATED N/A Aut orized Signature Rev. 1/81 FORM NO. 4 o' TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector OCT ® 12012 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-33712 Date: 05 14/09 THIS CERTIFIES that the building ACCESSORY Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO. ) (STREET) (HAMLET) County Tax Map No_ 473889 Section 123 Block 8 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 10, 2008 pursuant to which Building Permit No. 33738-Z dated MARCH 17, 2008 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 ACCESSORY BUILDING AS APPLIED FOR PER ZBA #6091 DATED 12/6/7. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 125654C 02/27/09 PLUMBERS CERTIFICATION DATED N/A Au orized Signature Rev. 1/81 FORM NO. 4 RECEIVED OCT 01 2012 TOWN OF SOUTHOLD 130ARD OF APPEALS BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33371 Date: 11 03 08 THIS CERTIFIES that the building ADDITIONS & ALTERATIONS Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block B Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 30, 2008 pursuant to which Building Permit No. 34193-Z dated SEPTEMBER 30, 2008 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 ALTERATIONS AND ADDITIONS, INCLUDING DECK AND SECOND FLOOR BALCONY, TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 103314C 08 30 08 PLUMBERS CERTIFICATION DATED 07 07 06 CUTCHOGUB EAST PLUMBING Au orized Signature Rev. 1/81 FORM NO. 4 RECEF1/fED TOWN OF SOUTHOLD 0 C T 01 2012 BUILDING DEPARTMENT BOARD®F APPEALS Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30859 Date: 04/19 05 THIS CERTIFIES that the building ADDITION Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 8 Lot 5 Subdivision Filed Map No, Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 24 2004 pursuant to which Building Permit No. 30127-Z dated MARCH 2, 2004 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 ADDITION TO EXISTING ACCESSORY STORAGE BUILDING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 2008377 04 07 05 PLUMBERS CERTIFICATION HATED N/A Authorized Signature Rev. 1/81 TOWN OF SOUTHOLD FORM NO. 4 (0 RECEIVED TOWN OF SOUTHOLD o c r ® .I 2012 BUILDING DEPARTMENT Office of the Building Inspector Town Hall BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-26297 Date: 02/23/99 THIS CERTIFIES that the building ACCESSORY Location of Property: 1700 PARR AVE MATTITUCR (HOUSE NO.) " (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 8 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 31, 1998 pursuant to which Building Permit No. 25188-Z dated SEPTEMBER 22, 1998 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 ACCESSORY GARAGE WITH NON-HABITABLE STORAGE AREA IN REAR YARD AS APPLIED FOR. The certificate is issued to EMILIA & ILYA RABAROV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE No. N-479698 02/10/99 PLUMBERS CERTIFICATION DATED N/A -T'W' Buil ing Insp for Rev. 1/81 v FORM No. 4 RECEIVE[) TOWN OF SOUTHOLD O C T O 1 '2 Q 1 2 BUILDING DEPARTMENT office of the Building Inspector BOARD OF APPEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25619 Date: 04/01/98 THIS CERTIFIES that the building ADDITION Location of Property: 1700 PARK AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 8 Lot 5 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 3, 1996 pursuant to which Building Permit No. 23382-Z dated APRIL 22, 1996 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 RESIDENTIAL STUDIO ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to EMILIA & ILYA KABAKOV (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. X-396897 09/12/96 PLUMBERS CERTIFICATION DATED N/A 4 ' ilding Inspector Rev. 1/81 TOWN OF SOUTHOLD EZ�EI� OFFICE OF BUILDING INSPECTOR TOWN SOUTHOLLD, NEWLYORK OCT O 1 2012 CERTIFICATE OF OCCUPANCY BOARD OFAPQEALS NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land Pre C.O. #- Z-12418 ® Building(s) Q Use(s) Date- April 11 , 1984 located at 1700 Park Avenue Mattituck, New York Street Hamlet shown on County tax map as District 1000, Section 123 , Block 8 , Lot 5 , does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: ACCESSORY GARAGE IN FRONT YARD, WITH ATTACHED ACCESSORY SHEDS. On the basis of information presented to. the Building Inspector's Office, it has been determined that the above nonconforming [Q Land /ff Building(s) Q 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 applicable 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 Certificate is issued is as follows: 2 Story frame house; framed garage with attached sheds; wooden bulkhead. 'A' Residential-Agricultural zoned. The Certificate is issued to J.STANLEY PARKIN & L. VIRGINIA PARKIN (owner, xknmmxx>>xxxxr of the aforesaid building. Suffolk County Department of Health Approval N/A UNDERWRITERS 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 ordinances, 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 regulations. Bui ing Inspector 1 RECEIVED O C T 01 2012 BOARD OF APPEALS AFFIDAVIT Premises: 11ft Park Avenue Mattituck, NY STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) J. STANLEY PARKIN, being duly sworn, deposes and states as follows: That I am the owner of the house described on Suffolk County Tax Map as 1000 - 123- 8 - 5; That I believe that said house was constructed prior to the issuance of a Certificate of Occupancy and has been used for many years as a residence and is, in my opinion, suitable for single residential purposes. Sworn to b ore a this 6th day of Ap 11, 198N- J. ry u is QARV FI.AfJPlER OLSEN COUNSELLOR AT LAW MAW ROAD NNER Ol,$EN MA"TUCK.NEW YORK GARY fLA Slotu of New`j.A 7oi�,Y p;L.ilC 2959000 l tssz +io. 5_. Quow-L 1.S.ff.lk CW Serm ExPLes yWrch so.19 pi cco,� -RECEIVED OCT 01 2012 BOARD OF APPEALS s o , ... ROA AVENUE '• PARK sea. � a W i r Nes�sr'� i3zoa 24& 1 �•a� 1•l Z +� � � ��p f+Etr)'pv Q all v 750 e c+ is � a a � • lzr NIAUTOOYMID ASIMATION SN ADDITION •�'�'\ ��"k.�•ri. � •Y �.}• ` ; TO TNIS MXViT IS A VIOLAT10N O/ `•1 �'• �_ W' IN ,% I IQDUCG NTN7209 I U W TN!NEW rO¢a HAD \•gv h. I,#•�/,..: ��;.h n i W •-Q C ' corns oT nu Sm^t D,AP INT uA••1Nc �•�T_,-�j 1 W W tD Q lxs uno s4c,.-c:.=.D<.A:;:• m I m tV R Irsoes.D e A s ...1 •.:ew-m NOTE= IA 10 L•A M3 I. COPT. Bs,rnimayr �:. _ n GUA:A\l_'C[i':LA;-L:•.:c.lkegYU:! SlldLYl7SbN-APfll fi"VrNEA�FICE H I OWV TO la nz;l:ros s.,:•:,nf-.sueVer OF7NECLERXAFSY/fsFaKCti7LWrrA'V W U PuSAUc,1-0 O:.Its e:.•ru.0 1•B Nov;19MASRLENo.450 n m I IITU COMPANY,GOVa-;AL AWX"AND UNDWG USTINTION MUM WtMK AAD W TO iW h ASS I OP TW UNDWG INnF 1 rv1roN.wAw+lTes AM NOT nNOTFtAsts m ' TOO AONDONAL DDnTUTT9M OR sucuQUlNf - � REvrsloNs . YOUNG dL YOUNG m W l m' 400 OSTRANDER AVENUE, RIVERHEAD, NEW YOr" V+ ALOEN W YOUNG LAND HOWAR )U! W u witaF eB10NAL BNDUl68N AND LAND BUI WOOd N.T.B.LIU. DO - (,yTNhi d LAND BVIIVISV011.N.T.D.LIG.NO.120-6 SURVEY FOR: J.STANLEY PARKIN d LV IRGINIA PARKIN L - LOT NO.IS&PART OF LOT NO.17 "PLAN PF MARATOOKA PARK,BAY LDTSAND BUNGALOW SITES BA�/ GUARANTEEO TO: PECON�C / AT MATTITUCK I�FE�p�pq�CD OFN, TOWN OF SOUTHOLD By SUFFOLK CO., N.Y- SCALE: Ia =IOOI DATE:JULY IOII972 i (� 6W FORM NO.6 RECEIVED TOWN OF SOUTHOLD Building Hall alll OCT 01 2012 Southold,N.Y.11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY BARD OF APPEALS Instructions A. This application must be filled In typewriter OR ink,and submitted in duplicate to the Building Inspec- tor with the following;for new buildings or new use: 1.Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or topographic features. 2. Final approval of Health Dept.of water supply and sewerage disposal—(S-9 form or equal). 3.Approval of electrical installation from Board of Fire Underwriters. 4.Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions,a certificate of Code compliance from the Architect or Engineer responsible for the building. 5.Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1.Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2.Sworn statement of owner or previous owner as to use,occupancy and condition of buildings. 3.Date of any housing code or safety inspection of buildings or premises,or other pertinent,informa- tion required to prepare a certificate. C. Fees: 1.Certificate of occupancy $5.00 2.Certificate of occupancy on pre-existing dwelling/land use --Pre-Existing C.O. $15.00 3.Copy of certificate of occupancy $1.00 Vacant land C.O. $ 5.00 Date 9d 5....... New Building ............. Old or Pre-existing Building ..*�...... Vacant Land ... Location of Property ��-m....1,941< ,A&-AAf1- MATiTi,TZicK� /�/ Y .. .. House No. Street Hamlet Owner or Owners of Property �-5?,A.✓GfY �H AKin/ .ate.L. W•QGIA/iAll /�A/l K iW , County Tax Map No. 1000 Section ... Z ......'Block ......If.......Lot..�. ....... Subdivision.................................Filed Map No. ..........Lot No. ............. Permit No. .......... Date of Permit ..........Applicant ......................... ...... Health Dept.Approval ........................Labor Dept.Approval ............... ......... Underwriters Approval ........................Planning Board Approval .............. Request for Temporary Certificate.....................Final Certificate .��!�-BlL�.4 ....... Fee Submitted$.1:?. ..................... Construction on above described building and ermit meetss all appli ble codes and regulations. Applicant xc ��e...... ...................... Rev.10.10-7e RECEIVED TOWN OF SOUT OLD PROPERTY- RECORD CAR® Ub OWNER STREET ")L1 VILLAGE DISTRICT SUB. LOT �i GL � \fGL. BOARD Of;APPEALS ACL FORMER OWNER N E r ACREAGE 2,3ee'� Su 12 %i p . r ` n R 1I ra `✓.1 S W TYPE OF BUILDING i :UI_. -L? Ufa Uv, RES. �/ I SEAS. VL. FARM comm. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS 17 ` ..:lam _76 �o s-L 11-75 ( tw- Ar-ki'n * aLekov -vW �'S-70 - C( a!;i 4. j bJLJ 1'V 01, 1 L7 - S� ] U .2 `.• LJ V U / c .? hX� 1 in 20cp S60o BUILDING C N I 10 N 62r�'bEW oo AL 2..yB �W BOVE "726�1��u�.: r-� � � ..• Farm' re clue Per, cre Vale Col 22 5 2 .`2 �.le6a�0 SO 1 0 0 /)'/�z L6 '-J'f, 13v e'a G l5G Tillable. 0 72 OO "' �0 9 3 a 04 fVhh 3 01a add►+ram t� s-kyoo►2 b�Gi ° Tillable. 3 Z 2.Q� b _)_!Z ! /o `� OS _ S135 Qcld i�io�ns fi GL1t"�►ratiorLS • - Woodland 3 11 Q9- 6P*33739 "05 6-ili" ddihorl to acc- . b - 1 Swampland (-nd ConStn,«#' nCho Cj I D ,e Bru r �j' 3b Og 41R3 replaces 314-3S o 0. House Plot cces _mow' d C5 Tota l r • J7+9 +I4 i r MEMO mmorommommm �3�laY-" +f !, a I`�.-�� -.;;_ts�`r„,.��-„szi�,, �■■I����■�©��■■I■■■��1■ .. Lg min ■■■ETWE E■■■■■JM■■■NOEM Mani 0 M OEM oam I■ r ZINN - ■■lei ■■■■■�:■■■■■ MEN ■■■ � ._ '2. ' �:a+•r .,a t c r c'-.. -/,;t a''7 - 3.+ � .,..�� ■■����I®f�:al� ��■■■■■■■■ <p ' �- MEMO■Q■■■ ■■■■■■■■■■■ C • of ME jwl Y• O.. o 4 f f w ?t IL t �'. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ :Y ma's °'" .P 2v,s..«r+v ,� .� », � :. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ z; �s;ye?,� k` FULL COMBO • yCRAWL PARTIAL .. InteriorSLAB Fire Place Woodstove BR. •. �---D-ormer Baths i I � ELIZABETH A.NEVILLE,MMC o~� Gy� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ti Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS OF MANAGEMENT OFFICER ��.� `1►a southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2012 RE: Zoning Appeal No. 6602 Transmitted herewith is Zoning Appeals No. 6602 of Mark Schwartz for Emilia & Ilya Kabakov 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, Authorization Letter from Emilia Kabakov to Mark Schwartz to Represent Them in this Matter Dated August 27, 2012,Notice of Disapproval from Building Permit Dated September 24, 2012, Copy of Application for Building Permit Dated September 13, 2012, Copy of Certificate of Occupancy No. Z-34609 for a Second Story Addition Accessory Garage Dated October 13, 2010, Copy of Certificate of Occupancy No. Z-33712 for Accessory Building'May 14, 2009, Four Pages of Findings and Determinations Dated December 6, 2007, Floor Plans & Elevations for Proposed Addition Dated September 21, 2007, Copy of Certificate of Occupancy No. Z-33371 for Alterations and Additions, Including Deck and Second Floor Balcony Dated November 3, 2008, Copy of Certificate of Occupancy No. Z-30859 for Addition to Existing Accessory Storage Building Dated April 19, 2005, Copy of Certificate of Occupancy No. Z- 26297 for Accessory Garage with Non-Habitable Storage Area Dated February 23, 1999, Copy of Certificate of Occupancy No. Z-25619 for Residential Studio Addition Dated April 1, 1998, Four Pages of Certificate of Occupancy for Non-Conforming Premises for Attached Sheds; Wooden Bulkhead Dated April 11, 1984 Including Affidavit, Survey from Young &Young& Application for Certificate of Occupancy, Two Pages of Property Record Cards, Two Pages of Drawing Showing Elevations Dated September 19, 2012 Prepared by Mark Schwartz, Site Plans and Drawing Dated September 19, 2012 Prepared by Mark Schwartz Architect. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/02/12 Receipt#: 142550 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6602 $500.00 Check#: 8118 Total Paid: $500.00 Name: Kabakov, Emilia, 1700 Park Ave Mattituck, NY 11952 Clerk 1D: CAROLH Internal ID:6602 Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 10/02/12 Receipt#: 142552 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6602a $500.00 Credit Card Total Paid: $500.00 Name: Schwartz, Mark Po Box 933 375 Fishermans Beach Road Cutchoque, NY 11935 Clerk ID: CAROLH Internal ID:6602a BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson QF SO(/jy 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 �pQ 54375 Main Road(at Youngs Avenue) Ken Schneider ��,j)yCU 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, NOVEMBER 1, 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, NOVEMBER 1, 2012: 10:45 A.M. — EMILIA and ILYA KABAKOV #6602 - Request for Variances from Article III Section 280-15(B & C) and the Building Inspector's September 24, 2012 Notice of Disapproval based on an application for building permit to construct an addition to an existing accessory building at: 1) more than the code permitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Peconic Bay) Mattituck, NY. SCTM#1000-123-8-5 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.TothO-Town.Southold.nv.us Dated: October 17, 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 11971-0959 t TOWN OF SOUTHOLD ` ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK �J AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Ap licants) Regarding,Posting of Sign upon Applicant's Land Identified as, ��- SCTM Parcel#1000- Z 3 COUNTY OF SUFFOLK) STATE OF NEW ORK) residing at 2tP4,f"rA)7A.,� /ev �01 ,New York, being duly sworn, depose and say that: On the day of © , 201C, I personally placed the Town's Official Poster, with the date df 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 /(JpV lJ''` lop ¢� ( gnature) Sworn to before me this ,61 Day of d Cam" , 201 2— VICKI 7Qe o Nofary Noo.01`f061�696 w York (Notary Public) Qualified in Suffolk County Commission Expires July 28,20 I�U * near the entrance or driveway entrance of my property, as the area most visible to passerby. I ■ { s Er � KIWIP ' � Postage $ 0 I F , O Postage c9 ur) Certified Fee 2'9 IPostmar tZ - a k 1 V Here Certified Fee2'� C9f Post ark rL Return Receipt Fee �'i2,JJ �' J `� a ti:fl I Return Receipt Feet. rl fp, Her f1 CI (Endorsement Required) �" fC Restricted Delivery Fee0.00 (Endorsement Required) �r��?l ! '�4• � J' (Endorsement Required) -I�.✓r CI v� Restricted Delivery Fee � � 0 CI (Endorsement Required) / /2012 r-1 Total Postage&Fees $ $ .40 10/17/2012 $ .40 ..' r $ �'f Total Postage&Fees ---___�- Sent To S r o f d�.,' ; mil. Sent To U/�— s Ilia- a- f,�L< S1.qq J_C�_W CI or PO Box NO. - C -----L Y� Sfieet,TAPt.No.: G t YS �— �_ C _ G'= C3 or PO Box NO:Z 2 --------- ity,State,ZIP+4 ,,f l S A'j" v :r� r•. �r �• iC3 c p c09 .I] Postage $ Postage1•10 / 01 ��3 ®�� Certified Fee `2. Post k� 2.9 ma Her n Certified Fee `�' '4G Post re R] H _I Here I p Return Receipt Fee 2� �; J i f1I (Endorsement Reqwred) Return Receipt Fee (Endorsement Reqwred) CI Restricted Delivery Fee o.QO y (Endorsement Required) d Restricted Delivery Fee ,� O (�, (Endorsement Required) n $ 6.40 , 07 I F c 12 0 `' 6.4Q Total Postage&Fees rR Total Postage&Fees Q Q �', Sent To ' ! G/c�CtY ----C , `J ^----- - S t To u'� n`----— r� lz 0 f5 �A. f�.___ - � Street,Apt.No.: ,QC— r� ��_-�-- � /f t'/ Cf or PO Box No. g v 0 r9 r�freet,Apt.No.: e-- v _� - ✓c ,.- - i - yLi 6 �. N cc n or PO Box No. L�^�_ --/ "" City,State,ZIP+4 f L [t ZIP+4 - City Stag,0,/r COMPLETE THIS SECTION ON DELIVERY • A. Signatur ❑Agent ■ Complete items 2,and Also complete X 1. on a Addressee . item 4 if Restrictea d Delivery is desired. ■ Print your name and address on the reverse Date f D !very so that we can return the card to you. B. Received by(Printed N n 4e r I t f Z ■ Attach this card to the back of the mailpiece, �� I�,�..;,� -tl) ❑Yes or on the front if space permits. D. Is delivery address different from item 17 1. Article Addressed to: If YES,enter delivery address below: ❑No' William F.Edwards Amei Wallach 3. Se eType P.O.Box 1426 Certified Mail ❑Express Mail / Mattituck,New York 11952 0 Registered su 3 Return C.0.D.Receipt for Merchandise red 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ' 7 011 0'1,10` .00 0 2 516 6 9'4 6 0 } i (1"ransfer from service label) 102595-02-M-1540 1 PS Form 3811,February 2004 Domestic Return Receipt TOWN OF SOi1THOLD r J/ ZONING BOARD OF APPEALS ' SOUTHOLD,NEW YORK j AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name ofApplicants) SCTM Parcel# 1000- COUNTY OF SUFFOLK STATE OF NEW YORRK I, A4,e4- residing New York, being duly sworn, deposes and says that: C v� �g GC. On the 17day of aG , 20/?I personally mailed at the United States Post Office in _C y1L f-{a+G�.rr ,-New York,--by CERTIFIED MAIL, RETURN RECEIPT REQUESTED a rue 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 ( ) Assessors, or( ) County Real Property Office for every property which abuts and is across a public private street, or vehicular right-of--way of record, surrounding the a li t' r y. gnature) - i Sworn to before me this day of 8 ��- , 20 (6� � VICKI T 7- (::::6- NNoic0too 6 Yorkof6�69 Qualified in suffoik County (Notary Public) Commission Expires July 28,20 1 { I I PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. i n DELIVERY SENDER: COMPLETE THIS SECTION COMPLETE THIS Wre ■ Complete items.1,2;and 3.Ali so complete A = p ( f.s ❑Agent item 4 if Restricted Delivery is desired. X�y ❑Addressee ■ Print your name and address on the reverse " i so that we can return the card to you. B. Receive by(Printed Name) C. Da of D ivery j ■ Attach this card to the back of the mailpiece, or on the front if space permits. Y s D. Is delivery address different from Rem 1 1. Article Addressed to: If YES,enter delivery address below: O 0 Roger E. Schwed Laura Dukess 225 W. 10& Street Apt. 11 A ! 3. Senn Type New York,New York 10025 certif Ma!,.,,p Express Mail ' El Registered ReturnReceipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number i Wet, 7 O'1110110 0 t]©;2 i,516 6 9 4 9;1 (transfer"from service label 1 11 102595-02-M-1540; PS Form 3811,February 2004 Domestic Return ReceiptSENDER: COMPLETE THIS SECTION COMPLETE THIS ! SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X El Addressee ■ Print your name and address on the reverse so that we can return the card to you.y B. Received by(Printed ame) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �� �( ,�r.//)S or on the front if space permits. D. Is delivery address different from.Rem 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No I i Ann L. Knudsen Management Trt 168 East Beverly Pkwy 3. Servi ype Valley Stream,New York 11580 ertified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 011 0110 0002 5166 9484 (Transfer from service label) , PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 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: hnv://southtown.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 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 October 15th: 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 during the hearing, providing the returned letter to us as soon as possible; AND not later than October 22nd: 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 October October 24th : 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 30, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold : NAME : KABAKOV E . # 6.602 SCTM # : I 000= 1 23=8=5 VARIANCE: HEIGHT & MAX. SQ. FTGE ALLOWED REQUEST : ACCESSORY ADDITION DATE : THURS . , NOV. 79 2012 1 0 :45 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 & #10905 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 25th day of October, 2012. Principal Clerk 5_ Sworn to before.me this day of J2012: LEGAL NOTICE on an application for building permit' SOUTHOLD TOWN ZONING to construct an addition to an existing BOARD OF APPEALS accessory building at:1)more than the THURSDAY NOVEMBER 1,2012 code permitted maximum.height of 22 PUBLIC HEARINGS feet,2) more than the code.permitted NOTICE IS HEREBY GIVEN,put- square footage of 3%maximum,locatedA I!/ suant to Section 267 of the Town Law and at.. 1700 Park Avenue(adj:to Great Pe- 66"IIIXXXlll Town Code Chapter280(Zoning),Town conic Bay)Mattituck,.N.Y.SC - CHRISTINA VOLINSKI of Southold,the following public hear- 123-8-5 ings will be held by the SOUTHOLD 11:15A.M.—DIANEARYAN#6601 NOTARY PUBLIC-STATE OF NEW YORK TOWN ZONING BOARD OF AP- Request for Variance from Article No. 01 V06105050 PEALS at the Town Hall,53095 Main XXIII Section 280-124 and the Building Road, PO Box 1179 Southold, New Inspector's September18,2012.Noticeof Qualified In Suffolk County York 11971 0959'ron TIILIRSD_Y.NO Disapproval based on an application for MY Commission Expires,February 28, 2016 VE1yIB�12 building permit for partial demolition 10:00 A M-KIMOGENOR POINT and additions/alterations.to an existing INC X1115, 'F6550"' Re-opened single family seasonal:dwell rig at:1)less by Resplution for the sole purpose of than:'the code required front yard set- reviewing the.,.proposed,:construction back of 40 feet,both streets on this cor- method for the,.,foundation acid the ner lot,,located at-320Fleetwood:Road preseryatton of.gortiorir�'.gf the exist- (corner Hamilton venue) Cntchogue, ain g dwelling as descrbed.and.'grantecl 'SLIM#1pOb 11f14 13 Horton Road)Ctiitchogue,NY SCTM#'s t cite ongmal decision #0550,located 11.30 A-M DAVID KORGHIIV and at 50 Jackson Street New Suffolk,NY. JOAN REIVTZ tlb6il4 Request for.Vari- 1000-104-2-24&23 SCIM#lt)1)0116 6 241 ances from Arttele XXIII Section 280 10�pM•-BEE-HIVE DEVELOP 1b:30 A I .MICHAEL and IlBB 124 and the Building Inspectors Jul 27, MENT CORP#66nc_Request'Ior Vari- r The Board of Appeals will hear all RATOMFSON#0000 s':Re-Request= 2012 Y ance from Article XXII, Section 280. persons or their representatives, desir- Vaztatice from q for Dish,uPoda'ted October4 2RYl`IVoticeof 116(B),based on the$uildinginspector's ing to be heard at each hearing,and/or 211tio e BuildingTttsPector s ,�. uilamg Pe nrtsfo 4 as b Plili sued and August 14,2012 Notice of Disapproval. , desiring to submit written statements 280 122�1 8 6' Septeml)e0 2012 Notice•of Disap= . deck addition to an':existin sin e.fam_ concerning an.application for construc- j . before the conclusion of'each hearing.' proval bVed•onan:agphcation for build' I Y g g ( tion of a new single family dwelling at: Each hearing will not start earlier than tl dwellin at 1)less than the'code-re- 1)less than the code-required minimum designated above.Files are available for in8 Peru foi gatEta demolition and quite ininiinum siile.yard setback of 20 ilesi ate second story ie Cbnsfruchbn to an exist feet 2)less than the code-required rear setback of 75 feet from a bulkhead,lo- review during regular business hours ingstuglefamtl dneih sated at; 400 Old Cove Blvd. (corner and prior to the day of the hearing.If Y ttgat }lessthan Yard setback of 35 feet 1 6ated'at 2085 Beverl Rd. ' ad'. to Arshamoma ue Y have questions,_the oade requtreil mumnttit side yard Bay Avenue to Mangn La a Fast Y ) ( J q you q ns please contact our ivlanon, k ) Pond aka Mill Creek) Southold, NY office at, (631)765-1809, or by email: setback of 15 feet,2)less than the code 'SCT #1 31 7 3 SCTM#1000-52-2-14 officeTo, (631Y n Southold T by required combined side yazd setbacks 1E•00 P.M JOSEFH*M"MOLLY Of 35 feet,located at 92t30 Nassau'A fl6 50 Z7iis rsa request for a Waiver of 1.40 FM —MI AEL and FN*>*Y Dated:October 17,2012 Road.ad'.to Feconic Bay)Cutcho ue Merger er KAVOURIA #6606_Request for Vari- ZONING BOARD OF APPEALS (•J Y)... g Argcle<I Sectiog80 ance from Article XXIII Section 280-124 NY SCTM#1000 11&&6 11lA,tou g LESLIE KANES WEISMAN,CHAIR= #10001Qger elandidentified'aSSM and the Building Inspector's October 2, PERSON 10 45 A.M:.-`E11IiLIA,and ILYA KA= 2 24 based on the.Btnlding Al2 Notice of Disapproval based on BY:VickiSON BAKQY.'FORMA-Request.for Variances 'its t r s June 14,2012,updated Sep, an application for building permit for Toth from Article III Section 280.15(B&C) tember 10 2012 Notice of Disapproval, 54375 Main Road(Office Location) and the Building Inspector's September which.states' ado additions and alterations to an exist- j 53095 Main Road(Mailing/USPS) P J tnirig conforming. or ing dwelling at:_.1).less than the code 24, 2012 Notice of Disapproval based nonconforming lots' Held in common required front yard setback of 40 feet, , P.O.Box 1179 ownership shall merge until the total lot both streets on this comer lot,located at: Southold,NY 11971-0959 size eonfoYms to the current bulk sched- 10,905-1T 10/25 corner Miriam ufe(minimum 40,000 square feet in this Mattituck,NY S (CTM#1000-99-2.6 oad) R-40 Residential Zone District)this lot is merged with lot.1000-104-2-23,located at:1375 and 1475 Sterling Road(corner Office Location: OF $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 CO2Southold,NY 11971 • Southold,NY 11971-0959 Cou�m,��'� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765 9064. — 1 If V- October 2 2012 ( r � Mark Terry, Principal Planner Pl,:rnin; o r+ LWRP Coordinator — Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 6602 KABAKOV,Emilia 1000-123-8-5 Dear Mark: We have received an application for accessory addition exceeding height and maximum square footage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie eis Chai rs n By: Office Location: 0�$Q�jyo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 COU http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD .Tel. (631)765-1809 Fax (631) 765=9064 October 2, 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 # 6602 Owner/Applicant : KABAKOV, Emilia Action Requested: Accessory addition, exceeding height and maximum sq. ftg. allowed. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesli . �VeismaprZB rso By: Encls. REVISIONS: I o - ADDI TION ,RECEIVED OCT 01z012 Asial BOAR®OF APPEALS ••:•• u a m NN � ••" O b: y. � C G 00 ®� 00 Ml �� 0000 an 10000 Gal z 0 FRONT ELEVATION a SCALE: 1/8" = 1' [W+ w w x O H 00 cl Q w �' �j� 'i� i/•f.'�/ ice ii;,_/l/�%l 'l' �/� i/ ,,f:./ �,O���I1 tY RIGHT ELEVATION DRAWN: ME MS SCALE: 1/8"= 1' JOB n: S,wmha 19,2012 SHEET NUMBER: A-1 REVISIONS: I k l /// i z 48 f o 1ST. FLOOR PLAN SCALE: 1/8"= 1' O O o ; REPLACE EX.WMDCYW RECEIVED / 27'_311h" W BOARD OF APPEALS " roREn"wrE DRAWN: MR/MS SCALE: 1/4—I'-0" 23'—it" '_0" JOH H: Scptcmbcr 19,2012 27'-7v:" SHEET NUMBER: 2ND. FLOOR PLAN A SCALE: 1/8"= 1' .. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO(/T 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 �� 54375 Main Road(at Youngs Avenue) Ken Schneider. ��,f%uT`I Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 7, 2012 Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 RE: ZBA Application#6602, Kabakov Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's December 6, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. T W MATCH SEE SEC.NO.115 • NATGH I:. —— LINE SEE SEC.N _ 10 r� nl 14 rm . s9 PI 4y •._ � l q _ .�2 1 ,•f2 'xi/ iq/ $ Nl ,r / .� 2 8 � '' 8 •$ / 2 4.1 5 .,� n1 ,mm //m �'14 ''"• .d' 3 LE m 13 28 a _ B e "71.5A(c. 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CONVERSIO; i ' 7 REVISIONS: MARRATOOKA POND F� K AVENV� .Z tz5 o P - - G t� MATTITUCK AVIATION DEEP HOLE CREEK i i i I 1 HIGH WATER LOW WATER qr n d etd n MARK EL 2.4' MARK EL-0.3' 63 8.8' S 11°13'0" ELAJ ' N V STOCKADE FENCE I PROJECT W J LOCATION { O z.. I !� O WELL 2ND.FLOOR ADDTIONIbW p 0 t , ' Z i j i r GREAT PECONIC r! W x r BAY 2 STY. FRAME BUILDING 2 STORY FRAME BUILDING v z r 7 u pI •ram^�^^• !!'I S`AaE �K`K m a¢' , Ex.Wool) IN W WINDOW 3 j / DECK X SLgr d W M'� " " ` C PAT70 o Y GREAT MAP LEGEND CONC.WALK EXIS77NG 2 S' Y LAJ FRAME H 7Y r Q PROPOSED NEW OUSE .o rdnruvmaww+ IST.FLOOR canrau�x w�,e wn £X•BRICK o r O w+u,raeeuan�Q ,.,• WALK , rnw.5uo,crnmaucLun SLAT E PAr10 X.SLA .0 1 OIL & STONE bECK O'- DRIVEWAY 10, I D pIVEW AV OIL 6 STONE STONE ' V I ♦ Y Olt. R A TF I w� ek AC + N N r � 1 ELEc�'f"K: O me UNDERGROUND Z M r PROPANETANK Q m � r a 00 r t% 71TV1NEWAY AIT1 Ana ' > Q'�.I u O640.6 'N 11013'0" W HIGHWATER LOWWATII ► }( I"� } MARK EL.2.4' MARK EL.-D.3' �+ b ' h SITE PLAN Z SCALE: 1" = 30'-0' !, MARRATOOKA ROAD. cn 0 mod tt 4E'^A� ' 'Y M`Y✓�y''`.*Yi' fry .uSCTM # y �•(� 1000III123 -08 -05 ' ®® SEQUENCE OF PROJECT: SITE DATA: -� • �sf ly 4,,a 1 SITE CLEARING:CLEARANCE OF MINIMUM SITE WORK AS NEEDED.INSTALL BERMS,HAYBALES,SILT FENCING AS REQUIRED.RUNOFF " f • ■ " "' PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION.EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONS ®• . DESCRIPTION: SQ. FT. AREA: LOT COVERAGE: EXCAVATE: FILL: OF UNDERGROUND WIRES,CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE • + , AREA 15 CLEAR. CLEAR THE SITE AT LEAST 20-25 FEET(IF APPLICABLE)FROM THE PROJECT PERIMETER.DO NOT CLEAR OR EXCAVATE ! •• • PROPERTY: 102,812 SQ,FT, 2.36 ACRES LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION:DISTURB VEGETATION ONLY AS NEEDED,THEN RESEED OR REPLANT AS SOON AS PRACTICAL.LIMIT EQUIPMENT TRAFFIC IN AND OUT OF THE JOB SITE-DO NOT DRIVE OVER UNCLEARED AREAS.PROTECT UNCLEARED W ® ® + 5 95 S .FT AREAS WITH FENCING OR OTHER BARRIERS.PLAICE BARRIERS AROUND THE DRIP-LINE OF TREES TO PREVENT INJURY TO THE ROOT E 1 ® • PROPERTY WETLANDS. 1 8 Q � • � �,iF'a SYSTEM.IF A PERMANENT DRIVE CAN NOT BE INSTALLED BEFORE CONSTRUCTION BEGINS,A TEMPOARY GRAVE!DRIVEWAY SHOULD BEIlk � °'�`� INSTALLED WHERE VEHICLES ENTER THE JOB SITE.. BUILDABLE PROPERTY: 100,854 SQ.FT. 2.32 ACRES V MEETS AND BOUNDS BY: 2 POLLUTION CONTROL:CONSTRUCTION DUMPSITER AND PORTALAV TO BE ON SITE AND MAINTAINED DURING LENGTH OF PROJECT. ESTIMATED AREA OF 600 SQ.FT. a GROUND DISTURBANCE: ■ �., „ 3 SOIL CONTROL:EXCAVATED SOIL TO BE RETAINED ON SITE AS INDICATED ON SITE PLAN.RETAIN AS MUCH TOP SOIL AS POSSIBLE TO N AT H AN TA FT C O R1W I N 11 � PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE.EXCESS FILL TO BE SHIPPED OFF SITE.CONTRACTOR AND EXCAVATOR SHALL INSPECT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS.ANY DIGGING WITHIN 241CHES OF UTILITY MUST BE H DONE BY HAND.WHEN THE TOP SOIL IS PRESERWED,TILL THE SOIL FIRST,AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT LAND SURVEYOR O 1 LI C• • 50467 EXISTING HOUSE: 3803 SQ.FT. 3.8/o - - END LOADER.PROTECT GRASS,TREES AND OTHER PLANTS WHENEVER POSSIBLE. i ;r,,; ,:t „ °':'s", �.;.•:y.. :...:- -4- AMREXCAVATION SHOULD BE AS LEVEL AS POSSIBLE.SIET ELEVATION BENCH MARK PRIOR TO EXCAVATION.OVER DIG i_7". EXISTING PORCH/DECK: 602 SQ. FT. 0.6% FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOP A WELL-DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK. A).IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS,OVER DIG BY 3-4 FEET. SURVEYED. 12/14/2 011 8).IF THE EXCAVATION 15 DEEPER THAN 7 FEET,ITHE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET OR V EXISTING PATIOS: [645 SQ.FT.] INSTALL SHORING. t� r HILLSIDE EXCAVATION:EXCAVATE THE HILL BACKTO AN ANGLE OF REPOSE-THE ANGLE AT WHICH THE SLOPE IS STABLE,USSUALLY x BACK TO A SLOPE OF 2:1 (VERIFY SOIL CONDITIO)NS). R�r A).AN UNSHORED VERTICLE CUT SHOULD NOT EXCEED 5 FEET ON A SLOPED SITE. 1ST. FLOOR PROPOSED ADDITION: • EXISTING STORAGE BLDGS.: 6762 SQ.FT. 6.7% - - + 4 STORM WATER RUNOFF CONTROL:INSTALL DRYWELLS(AND SEPTIC IF NEEDED)DURING CONSTRUCTION,GUTTERS AND DOWN SPOUTS PROPOSED ADDITION: 322 SQ.FT. 0.3% 25 CU.YD. 10 CU.YD. TO BE IMMEDIATLY INSTALLED AT TIME OF COMIPLETION OF ROOF.ALL DOWNSPOUTS TO BE PIPED TO DRYWELLS AT THIS TIME. UNDERGROUND HOOKUPS(ELECTRIC,WATER,GAS,ETC.)TO BE INSTALLED. oc RECEIVED ■ 5 PROJECT COMPLETION:FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE.PITCH GRADE ALONG PERIMETER (WHERE POSSIBLE)OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS.INSTALL CATCH BASINS WITH • ;', . • ® TOTAL: 11,489 SQ.FT. 11,4% 25 CU.YD. 10 CU.YD. DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA. f / / OCT ® 1 2012 Ye(t + }k r • j' I I i' �� ,' j ,� 1301ARDOFA P/ P EAG5 ® • . v � '® / �. // i j� / / DRAWN: MH/MS ,,' SCALE: 1/4"=1'-0" ;, I,.,, ! • ■ // / / % / JOB#: September 14,2012 SHEET NUMBER: N SHALL NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN THE DRAWINGS,THE SPECIFICATIONS,AND THE FIELD CONDITIONS,AND SHALL REQUEST CLARIFICATION BEFORE CON4MENCING WORK. CONTRACTOR SHALL VERIFY ALL GENERAL CONTRACTOR TO COORDINATE MEETING WITH OWNERS FOR APPROVAL OF ALL GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL BUILDING DEPARTMENT INSPECTIONS PAINTER TO PRIIME AND PAINT ALL DOOR EDGES TO MAINTAIN CONTRACTOR C MANUFACTUREIR'S WARRANTY AND SHALL BE INSPECTED TO VERIFY ALL WORK. DIMENSIONS AND CONDITIONS AT JOB SITE,INCLUDING BUILDING AND SITE CLEARANCES FOR DELIVERY OF EQUIPMENT AND MATERIALS,AND REMEDY ALL DISCREPANCIES WITH ARCHITECT PRIOR TO THE COMMENCEMENT OR CONTINUATION OF WORK. ROUGH ELECTRIC,PLUMBING,AND HVAC PRIOR TO INSULATING AND SHEETROCKING AND SHALL SECURE THE C of 0 PRIOR TO RECEIVING FINAL PAYMENT FROM OWNERS.