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HomeMy WebLinkAbout7270 M cCIA&d 53 5 &ul cSk,6,�' ��°Pin pa✓� 13.I and- C,mstn tf n ecu si eL,,q l e ��y Ayf /if sec. J90- /C DY�-' f /o CHECK BOXES AS COMPLETED ( )Tape this form to outs' �r F o a 0 ( ) Pull ZBA copy of ND CL ( ) Check file boxes for pr r* •• N - N • ( ) Assign next number of o outside of file folder ( ) Date stamp_enti-r-e ori m „ -u 3: -v cn - c()00 v zr m file number su " o r 03 c(D ( ) Hole punch entire ori 0 X rn Cn (before sending to T.0 � T o W w -ZCD o 0 ( ) Create new index car 2. ( ) Print contact info & t � Q ( ) Prepare transmittal tc � N ( ) Send original applicati 0 to Town Clerk 3 ( ) Note inside file folder and tape to inside of f, 0 -n ( ) Copy County Tax Map; cD neighbors and AG lots ( ) Make 7 copies and put ( ) Do mailing label N o N AG R, 3PlZcvp,--s Office Location: hO��o� S® �®lO Mailing Address: Town Annex/First Floor,Capital One Bank jq 53095 Main Road 54375 Main Road(at Youngs Avenue) 00 P.O. Box 1179 Southold,NY 11971 ® �O� Southold, NY 11971-0959 C 0A0 oil http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD -. Tel. (631) 765-1809 Fax(631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA It - -'® Name : �✓� Jut G" Tax Map #: X17—5� —��, 1 Location : 9 B repo' [>�j Refund issued : CANNOT activate or reactivate file (Applicant has withdrawn application). [ ] NO REFUND DUE, based on time spent for Town to process application and hearings. [ ,t" ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) ---------------------------------------------------------------------------------------------------------- i f� STEPHEN F. KIELY9 ESQ. 12850 Main Road P.O. Box 567 Mattituck, NY 11952 (631)433-1929 peconicbaylawgmail.com January 30, 2019 Zoning Board of Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,NY 11971 Via:Hand Delivery Re: Kregar-935 Bay Shore Road Greenport(New Application)/De Minimus Request-Holley (115222) Dear Hon.Leslie Kanes Weisman; Please let this letter serve as a formal withdrawal of the Kregar ZBA application filed on December 3,20 L8,due to the De Minimus Determination, dated.January 24, 2019, rendering same moot. Thank you for your assistance in this matter and if you have any questions please do not hesitate to contact the undersigned. Sin rely, tphen F. Kiely BOAR13,MEM.BERS �ZF SO Southold Town Hall -'' Leslie Kanes Weisman,Chairperson y, H� 53095 Main Road-P.O.Box 1179 !0 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Town Annex/First Floor. Robert Lehnert,Jr. �c0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCoU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631) 765-9064 January 24, 2019 Stephen F. Keily, Esq. P.O. Box 567 Mattituck,NY 11952 RE: Request for De Minimus Determination #5222, Kregar, 985 Bay Shore Road, Greenport SCTM No. 1000-53-3-13.1 Dear Mr. Kiely; I am in receipt of your correspondence, dated January 14, 2019, requesting a de minimus determination in connection with the above referenced prior Zoning Board of Appeals decision, and a current related application for variance relief currently pending a public hearing before the Board of Appeals (#7270). In your letter,you detail the proposed redevelopment of residential waterfront property, whereby an existing dwelling will be demolished and replaced with a new dwelling to be sited in a more environmentally friendly location that is landward of the current location. The existing detached garage, which received prior variance relief for a non-conforming front yard setback(ZBA file# 5222), is to remain in its current location, as depicted on the survey prepared by John Metzger, L.S., last revised October 11, 2018. However, the proposed location of the new dwelling will place the subject detached garage partially in a non-conforming side_yard, resulting in a Notice of Disapproval from the Building Department. Based upon these facts, I have determined that your request is de minimus in nature because the accessory garage has already received variance relief for its current location and only a small portion of the subject structure will become non-conforming when the proposed new dwelling is built, all as shown on the survey prepared by John Metzger, L.S., last revised October 11, 2018. Please be advised that if, during construction, any other non-conformity is created, you will be required to return to the Building Department for a new Notice of Disapproval and the Zoning Board of Appeals for review. Kindly submit to the ZBA office a letter requesting the withdrawal of your current application for area variances (#7270), since this de minimus determination renders that application moot. J Page 2, #52221 Kreger Deminimus Request Please contact the office if you have any further questions or concerns. I will instruct staff to send a copy of this letter and your letter of request to the Building Department. Since , ) Leslie Kanes Weisman Chairperson ` cc: Michael Verity, Chief Building Inspector STEPHEN F. KIELY, ESQ. 12850 Main Road P.O. Box 567 Mattituck, NY 11952 (631)433-1929 pec onicbaylaw gmail.com RECEYVEt� January 14,2019 JAN 64019 ZONINC -RD OF APPEALS Zoning Board of Appeals - Town Hall Annex Building 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Via:Hand Delivery Re: Kregar-985 Bay Shore Road, Greenport(New Application)/De Minimus Request-Holley(#5222) Dear Hon.Leslie Kanes Weisman, I am writing to respectfully request that the above referenced Zoning Board of Appeals (hereinafter referred to as "ZBA")application for an area variance be converted into a request for a de minimus determination in connection with the enclosed ZBA decision#5222. This request is made in accordance with the below and the previously submitted ZBA applications,to be incorporated herein: 1. The instant application relates to the redevelopment of an improved Pipe's Creek residential waterfront property, whereby an existing dwelling is proposed to be demolished and replaced with a new dwelling,to be sited in a more environmentally friendly location,to wit 31' landward of the existing footprint and the existing detached garage is to remain(see enclosed 10.11.18 survey). 2. The aforementioned relocation of the dwelling, arguably and"artificially",places merely 1/3 of the existing garage,heretofore located completely in the front yard,into the side yard,which according to the Building Department is allegedly violative of§280-15 of the Code of the Town of Southold. 3. However,the garage has been in existence since 2003 and further its location has been fully vetted and"blessed" by the Zoning Board of Appeals,pursuant to ZBA decision#5222-Holley,where 5' of front yard relief was granted. 4. No conditions on the subject property,or the surrounding community,upon which the Zoning Board of Appeals had previously relied have changed. 5. It is our position that that the location of the garage is preexisting and is merely nonconforming in that the dwelling is being moved landward,thus a notice of disapproval should not have been generated,however in the alternative a de minimus change to ZBA decision#5222 granting side yard relief would be appropriate here. Thank you for your consideration of our application and if you have any questions please do not hesitate to contact the undersigned. Si erely, Stephen F.Kiely SURVEY OF PROPERTY N A T ARSHAMOMOQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 01000-53-03-13.1 1 SCALE: 1 "=30 ES CREE MARCH 20, 2018 P�P JUNE 6 2018 S8774'47"E ' 72.86' S78•47, JULY 9, 2018 a�6 -------- _ ss 92 a-E S76 OCTOBER 11, 2018 (SETBACKS) / LO J nE E ?2» // I EDGE of TIDu s A5 / - UNC ALONG M 28 E 2�+G I+ DETERMINED HY N.T. ORWIN 111 f ( /�y�� + V 00 .1 I IAN.SURVE,'OR N J NE iJ,2017 �0 J •"".� / 202 212 .GJ�J / I N.CNL N�\N. - =4 - / N.D.WL LOT 15 is ,ArO 00111 _ C.WL LIMIT OF CLEARING, GRADING do GROUND �0 1� \ \\\\\\ \ - :'��`= � • DISTURBANCE PROPOSED PROJECT N6 ��+ "GOE o . NC WI. ry0 LIMITING FENCE (WIRE-BACK SILT FENCE) 51• i \, M J L EQUIP.\_ �1 •� �` `` COASTAL BARRIER i�� �,NE_ . . . N.C. N. : i. \ �,\� \ 1 n� 1 ✓' ``���.. �` `\\ 2NZc 7R 70 / E OF RESOURCE LINE •G \ \. \ � � IFPN'pl' _ . . .- 19V \. CLEARING4� ` \ 4' HIGH ACCEPTABLE DEC lJ s 201E •1. — , , — , . N.a_,� , \ � � p (�'•) ` POOL FENCE 1 \ t. GATER1 `LOT COVERAGEPIPE.. LOT 12 ;' ISO ; � \OUB ~\ ^, . . J �•�, '� iFND. LC�NI�JG['�J�ii?IJ(�F }4�E E�+6 C TOWN OF SOUTHOLD sHoE.cE of nDw wEnANos As DETERMINED.Y N.T.CORWIN 111IAND SURVEYOR ON JUNE 13,2017 AREA TO TIE UNE = 39,624 SQ.FT.. 154PROP, fu o EHOUSE, DECK, & STOOP = 2,336 SQ.FT. . . ".0 GARAGE = 882 SQ.FT. 180 // // RPROP. UG LP LOTGAS TANK SHEDS = 96 SOFT "G"� y0(/ 3,314 SQ.FT. 1 1 F Ex. BLDG., 3,314/39,624 = 8.4,r. PAD 1 F��9• / PROP. t STY. :/ srooP/srEPs, WALK ne .C."t : I R/0 DECK - /`• TO BE REMOVED DEC COVERAGE N ' , REMAIN ' ,I W UPLAND AREA = 28,260 SQ.FT EDGE OF 1 HOUSE, DECK, & STOOP W/S7FPS J ? ) CLEARING = 2,408 SQ.FT. Dw ,.- 174 1 - f-:_4. ::::...__..:::::::: .... GARAGE & STOOP W/STEPS = 900 SQ.FT. N.C.1 / I PORCH R/0 AC PAD = 11 SQ.FT. y� y� bc+t. i t-_� STM DW bl PROP. UG LP `.. I 3,319/28,260 = 11.7X 39 1 1 �� N 1 i GAS TANK % •V� '/0 _ \ 1 Ff 7 3 Dw ! T j p� TOWN OF SOUTHOLD 170 1 i I H = O+ •� N.C.WL KEY - PROP. PE7tVI0US URNEWAY:" L� / ry -'� 5a.�'I `° DW .. I . P LP EXP��; }� = REBAR ��� \ -► P _EXP_- AP ` � a` , � EX. BB CURB 188 a' TO BE REMOVED ,h® — N.C. 1 �` WELL ` 1 1 PROP. 1�cn O ® = STAKE \ v 87 BB cUT 11 1 " 2 - -- ' - 18a PALE \ tee''„N.. � � ;i I /i � .•�1 I; ( - WATER = TEST HOLE ` '�N.0 11 1 HEDGE - - METER UT _ ro - - '� POLE 1 HE E W UT ..; O ® = PIPE �G ____-;- aW POLE OHw "- i;EDP Q 795.11' `, S79'54'00 —_ —"— —a— ® = MONUMENT ° P'0 10,6j32, R = WETLAND FLAG ------- EOP - ""- SHpRE = AREA TO BE RE VEGETA TED = PROPOSED EXPANSION TO NO—DISTURBANCE BUFFER. = EXIS77NG NO—DISTURBANCE BUFFER (TO BE CONVENANTED) EDGE OF 77DAL WETLANDS AS DETERMINED BY N. T. CORWIN /// LAND SURVEYOR ON JUNE 13, 2017 NOTES: 1. ELEVA77ONS ARE REFERENCED TO N.A.VD. 1988 DATUM 2. REFER TO PLANS BY SLMARESCA ASSOCIATES FOR DETAILS ON PROPOSED SEP77C SYSTEM, DRAINAGE CALCULA77ONS & GRADING DETAILS. J. FLOOD ZONE INFORMA77ON TAKEN FROM. FLOOD INSURANCE RATE MAP No. 36103CO159 H ZONE AE: AREAS DEOIEERMINED TO BE DETERMINED THE 0.2% ANNUAL CHANCE FLOODPLAIN. J� 'Y�k r• �rj'' LOT NUMBERS ARE REFERENCED TO "AMENDED MAP A PECON/C BAY ESTATES" FILED IN f THE OFFICE OF SUFFOLK COUNTY CLERK ON MAY 19, 1033 AS MAP NO. 1124 I am familiar with the STANDARDS FOR APPROVAL AND CONSMUC77ON OF AREA TO THE TIE LINE = 39,624 SQ. FT. ¢ _ SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and w1II abide by the conditions set forth therein and on the permit to construct. ` or 0 910 ACRES LL=� �- The location of wells and cesspools shown hereon are from field observations may, ��•,�,,�8 . Y S LSC. N0. 49618 and or from data obtained from others. UPLAND AREA = 28,260 SQ. FT. PtWffi&�f5ORVEYORS, P.C. ANY ALTERA77ON OR ADD177ON TO THIS SURVEY IS A WOLA77ON OF SEC77ON 7209OF THE (631) 765-5020 FAX (631 765-1797 NEW YORK STATE EDUCA77ON LAW. EXCEPT AS PER SEC77ON 7209—SUBD/VIS/ON 2. ALL CERnRCAT7ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID P.0. BOX 909 MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230 TRAVELER STREET SOUTHOLD, N. Y• 11971 18-111 RECEIVED DEC 0 3 2018 ZONING BOARD OF APPEALS TCF�-EGER RESIDENCE 1085 Bay Shore Road Southold, New York DRAWING INDEX: A1.01 FIRST FLOOR PLAN A1.02 SECOND FLOOR PLAN A2.01 SOUTH ELEVATION The Fieber Group 47 Elm Street A2.01 EAST ELEVATION New Canaan,Connecticut 06480 A2.03 NORTH ELEVATION and WEST ELEVATION KREGER RESIDENCE 1085 Bay Shore Road Southold,New York wte 25 March 2018 NoRTµ eo --_-- �- -_ ----------- --------------------- ---------------- a� RECEIVE® � Di ing DEC 0 3 2018 Kitchen Ara ZONING IScreened G BOARD OF APPEALS h Y,i�y isuiw eeann J 1 t J ii I Living Room - -- --- � MIS $ 1 • - ' — - —ZR Entry g The Fieber Group Hall 47 Elm Street New Canaan,Connecticut 06450 Study KREGER RESIDENCE 1085 Bay Shore Road Southold,New York FIRST FLOOR PLAN attE 75M—h2018 FIRST FLOOR PLAN A01 As No1cd SCALE,V4'-1'-0' -.-A1 .01 • �i NORTH r7�,7D - — - - - RECEIVED Bedroom --- ------ - ----- Bath No.4 --- - DEC ®3 2018 oset,s ZONING BOARD OF APPEALS �..,. iL Master Balcony Mike's Bedroom g ------- Clos. � ------- --- Bath -- Bath � �- - k 930 amw mrN ems caw Bedroom r No.3 oN j s l 1 i ----i I Stair ! Hall Master!— 1 W i Bath i Laundry The Fieber Group Room 47 Elm Street New Canaan,Connecticut 06480 [flaT L' Bedroom °" KREGER RESIDENCE 108513aShore Road No. 2 Bath Southold,New York - auxaoTm� SECOND FLOOR PLAN wic "M—h2019 SECOND FLOOR PLAN A� ti OW 8C,&F,V4•.P-W -Al .02 RECEIVED DEC 0 ZONING BOARD OF APPEALS ATTIC r TOP OF aUBFIXOR U U A Aif r� SECCNV FLOOR Lza Eli Ir TOP OF eueFLOOR 0 el > 1/4 hHH .7 The Fieber Group 3 47 Elm Street 4 FLO �A�.� ,2' T FLOM — New Canaan,Connecticut 06480 TO OP .'L. q KREGER RESIDENCE 1085 Day Shore Road Southold,New York SOUTH ELEVATION Azo ec.&U,114.-I'-&' SOUTH ELEVATION DAM 25 Mxh 2019 m Nolcd �.A2.01 -7 -VA RECEIVED DEC 0 ZONING BOARD OF APPEALS ng SECOW FLOOR -It-fap OF&JOPLOOR � :: . �t ;. ��a� r U _ 21 7' 111 The Fieber Group U�c a '�f l�; x,{, ! i r' } 47 Elm Street /.k FIRST FLOOR New Canaan,Connecticut 06480 �f TOP Cr OUMLOOMI V: KREGER RESIDENCE 1085 Bay Shore Road Southold,New York V", L----------------------------------------- EAST ELEVATION Me.II EAST ELEVATION card 25 Mmh 2018 Pe" m NOW A2.02 I 77 TOP � ATrIC row aF suBFLooR •7a7vo ® r ® ® RECEIVED [:] LjILJLI DEC 0 3 2018 SECOND FLOOR _ TOP OF SUBFLOOR ZONING BOARD OF APPEALS i .t t __ _ TOP OP SUBPLOOR NORTH ELEVATION 60,1.2,V4•.I'-& T 77 1 E 9 The Fieber Group 47 Eiat Street e � Now Canaan,Connecticut 06480 KREGER RESIDENCE ! w 1085 Bay Shore Road Southold,New York sj r,s\—v - NORTH ELEVATION and WEST ELEVATION DK=R--- 'o 29 Mereh%®ib a A@ NOW i I 61�U5T FL041B T4V 06 WEST ELEVATION 4 .-A2.03 a vx- COUNTY OF SUFFOLK 5- e,& RECEIVED e" ` DEC 2 4 2018 Steven Bellone ZONING BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment December 20, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman 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 1050 West Cove Road LLC #7268 Stork, Ryan #7269 Kregar, Michael #7270 Kennedy, Thomas #7271 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 1 .tet l FORM NO. 3 79 7 o -,V RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT OEC 0 3 2018 SOUTHOLD,N.Y. BONING BOARD OF APPEAM- NOTICE OF DISAPPROVAL DATE: August 23, 2018 RENEWED: December 3, 2018 TO: Stephen Kiely (Kregar) PO Box 567 Mattituck,NY 11952 Please take notice that your application dated August 14, 2018: For permit to demolish existing dwelling and construct new single-family dwelling at: Location of property: 985 Bay Shore Road, Greenport,NY County Tax Map No. 1000 - Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed dwelling, on this nonconforming 39,624 sq. ft. lot 28,260 sq. ft. buildable land) in the Residential R-40 District, is not permitted pursuant to Article III Section 280- 15, which states accessory buildings and structures shall be located in the required rear yard, or"in case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front yard principal setback requirements." The location of the new dwelling will place the existing accessory arae partially in the side yard. Authorized Signatu Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. -7VO FORM NO. 3 &a RK '� ED G�6�a�b�@9LhP✓ .D TOWN OF SOUTHOLD DEC 0 8 2019 BUILDING DEPARTMENT SOUTHOLD, _BOARDOFAPPEO ARD®FAPP NOTICE OF DISAPPROVAL DATE: August 23, 2018 TO: Stephen Kiely (Kregar) PO Box 567 Mattituck,NY 11952 Please take notice that your application dated August 14, 2018: For permit to demolish existing dwelling and construct new single-family dwelling at: Location of property: 985 Bay Shore Road, Greenport,NY County Tax Map No. 1000 - Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed dwelling, on this nonconforming 39,624sq. ft. lot (28,260 sq. ft. buildable land) in the Residential R-40 District, is not permitted pursuant to Article III, Section 280-15, which states; accessory buildings and structures shall be located in the required rear yard or "in the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above." The location of the new dwelling will place the existing accessorya�rage partially in the side yard. Authorized Sig ature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVE® DEC 03 2018 NM Fee: $ Filed By: Assignment NoWNING APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.40111r Street Sg!%%bre 9o4c%1 Hamlet 6tcefowrt SCTM 1000 Section r�_Block 3 Lot(s) X3.1 Lot Size3%, §AH, f Zone ?C-y0 — -----"I-(WE)--APPEAL-THE-WRITTEN-DE-T-ERMINATION OF-T-H-E-BUILDING INSPECTOR------------- DATED NSPEC-TOR-----------DATED Z3. BASED ON SURVEY/SITE PLAN DATED&%,, Owner(s): Mr-6*,e1 A. Krepr - - - - -- Mailing Address: asp w. s ♦M S�vaat.�t�b���� Mew► io►li` Aw York. 1001q Telephone:Zli 301 •$4eo 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: skcp cn Kka!►. for(1-4/owner( )Other: Address: r-10. (161C Al . m k V-jr k, VIA wa L Telephone: 4S)X133.19,19 Fax: Email: fktLo•.•� ,.law (�C,tM4;1. w� Please check to specify who you wis orrespondence to be mailed to,from the above names: ( )Applicant/Owner(s), ( Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ' and DENIED AN APPLICATION DATED�,,sl• ?t Zalff OR: (d Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: 3M Section: ato Subsection: 65*` Type of Apeal. An Appeal is made for: (•/�A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Revers 1 or Other A prior appeal(-o has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this que tion or call our office for assistance) Name of Owner: ZBA File# t3SZ 19'10 S.zz2. L663 RECEIVED Name of Owner: K pG5wr ZBA File# DEC 0 3 2018 REASONS FOR APPEAL (Please be specific, additional sheets may be used withAN00ARD OF APPEALS signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: P1ca�t s6` r:�.er. --------------------- ------------------------------------- ------ ------------------------ --- - 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: NA$,f. 994 C s 44 f . 3.The amount of relief requested is not substantial because: �W S• S cc c:hoe. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5.Has the alleged difficulty been self created? AYes,or{ }No Why: P4As: S c`.r 1�—". Are there any Covenants or Restrictions concerning this land? VNo { } Yes(please fumish a copy) 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. Signature o Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn before me this day of {., 20 Notary Public Cheryl Simons Notary Public,State Of New York No.3i-4970341 Qualified In Suffolk County Commission Expires February 4,20 Kregar-Rider _ RECEIVED 7Q-/j9 DEC ®3 201$ Reasons for Appeal: ZONING BOARD OFAppEALG 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted: There will be absolutely no change produced in the neighborhood, nor a detriment created to nearby properties as the subject of the variance,to wit the detached garage has been in existence since 2003, constructed with the benefit of a building permit, pursuant to a ZBA grant for 5'front yard relief(see ZBA Decision#5222-Holley), with a certificate of occupancy issued for same (Z-29754). This Board has previously determined that "[o]ther properties in the neighborhood are also developed on small nonconforming lots...and the garage will be heavily screened from the north and west by dense woods and a nondisturbance buffer, and from the south by heavy vegetation along Bay Shore Road". The eastern exposure of the subject garage exclusively impacts the dwelling that it services. Therefore,the Board has already "blessed"the location,the conditions remain the same as in 2003, and ZBA review is only required here since the subject garage will be artificially pushed into the side yard, due to the proposed relocation of the footprint of new dwelling being landward of the present location, in order to maximize the distance from Pipe's Creek. 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: Given the unique shape of the subject parcel,the location of the wetlands and the attendant no disturbance buffer, along with the desire to relocate the proposed new dwelling's footprint as landward as possible,there is no other alternative available other than the proposed artificial placement of merely a third of the existing garage in the side yard. 3. The amount of relief is not substantial because: The relief requested here, is insubstantial as merely 1/3 of the subject garage, which again is already in existence, will be located in the newly created side yard. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No adverse effect or impact on the physical or environmental conditions in the neighborhood will occur as this Board previously found, other neighboring properties have similar amenities, the garage is suitably screened from same, and in fact there will be a benefit to the local ecosystem as the house will be constructed 31' landward of the existing footprint,thereby increasing the setback to Pipe's Creek. 5. Has the alleged difficulty been self created? Yes, however such difficulty, as previously stated, is a product of seeking to relocate the footprint of the dwelling landward of the existing footprint. Further, since the location was previously approved by the ZBA and the encroachment into the side yard is a consequence of the landward movement of the dwelling's proposed footprint,there is "no harm, no foul". RECEIVED APPLICANT'S PROJECT DESCRIPTION DEC 0 X018 ZONING BOARD APPLICANT: Stephen Kiely DATE PREPARED: LS 1.For Demolition of Existing Building Areas Please describe areas being removed: The existing house and its attached deck and front porch will be demolished.These 3 structures together have an area of 2,336 sq.ft. H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 1,645 SF first floor with 250 SF screened porch&50 SF front porch. Dimensions of new second floor: 1,740 SF Dimensions of floor above second level: n/a Height(from finished ground to top of ridge): 28.25 ft Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: No basement will be constructed 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: An existing 1 story house will be demolished as part of the project. Number of Floors and Changes WITH Alterations: A new 2 story house will be constructed in place of the demolished house IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Existing Lot Coverage=3,314 SF Proposed increase of building coverage: Proposed increase by 860 sq.ft.to 4,174 SF Square footage of your lot: 39,624 SF Percentage of coverage of your lot by building area: Proposed Building Coverage=10.5% V. Purpose of New Construction:The owner seeks to construct a house with a swimming pool. 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): • The area of the property where the house and garage is located is relatively flat, including the lawn that surrounds them.The slope of the grade increases on the waterside of the wetlands line, but no development is proposed near that area • There is some landscaping in the southeast corner of the property(where the new septic system is proposed to be located) and the wetlands are vegetated,but the developable area of the property is currently lawn. • The difficulty of meeting the code requirements stems from the location of the wetlands line(the owner wishes to increase the house's wetland setback)and the location of th existing garage. • Moving the house away from the wetlands places the garage in the house's side yard. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 RECFIV,® QUESTIONNAIRE DEC 0 3 ?018 FOR FILING WITH YOUR ZBA APPLICATId %J A. Is the subject premises listed on the real estate market for sale? BOAR®O�APP�ACS Yes _>:�_No B. Are there any proposals to change or alter land contours? ,2< No Yes please explain on attached sheet. C. l.)Are there areas that contain sand or wetland grasses? �S 2.)Are those areas shown on the survey submitted with this application? ICS 3.)Is the property bulk headed between the wetlands area and the upland building area? Wo 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? P-6 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 1010 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?_9 0_If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: L 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? If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel s`�e1,��. �`a1d►.� {p• and the proposed use rq4& t4a4%% wwkftya 3, rte. da. 60 cwawi (ex:existing single family,propos d same with garage,pool or of er)—' 'AuNioriled signature nd Dat RECEIVE[) AGRICULTURAL DATA STATEMENT DEC O 3 2018 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZOIYIIVG80ARD pfAPPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on property within an agricultural district QR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: 5 �1�t�o i�sel� 2) Address of Applicant:�A,¢,max S'61 V%1Afr1, J06t 91 4b'k9*2 3)Name of Land Owner(if other than applicant).: a?, 4)Address of Land Owner:'2 S®ul r V"511reet favor 94 g*9-yo,X tool 5)Description of Proposed Project: Wew o ;dc ®eQ 0i, w n V4.4x dt;n 6)Location of Property( ad and tax map number): ee �L0 44 e $ •/3 7)Is the parcel within an agricultural district?•RrNo ElYes If yes,Agricultural District Number 8)Is this parcel actively farmed? to ❑Yes 9) Name and address of any owner(s) 'of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6' (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance,when requested from either the Office of the Planning Board at .765-1938 the Zonin o d of Appeals at 765-1809. Sign re of Applicant 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.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board t6 the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 rf , � V v R�CELVC 617.20 DEc Appendix B 2fj�A Short Environmental Assessment Form VG"OARD OF AppcAL Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessaryto supplement any item. Part 1-Project and Sponsor Information (� ®JSG 4 tilA Arce..jjeri01 144 I A 11 YAPJ) Name of Action or Project: Project Location(describe,and attach a location map): d ys® 9,91 Avy 8014 46-'aC + b f Brief Description of Proposed Action: 01TA461.A s,"IAFq�►:� die/0.n 0,1-49/o P poccl ow d S -W4. Name of Applicant or Sponsor: Telephone: M•Gwwl �•�lr� a, E-Mail: Address: City/PO: State: Zip Code: New 140A. 0 114w 2. 1.Does the proposed'action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that y may be affected in the municipality and proceed to Part 2. If no,continue to question 2. (a 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? " aere '�•��• c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? DEC ® 3 201 b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing bw t or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: V/ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Gvf &4--avil 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES. wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id�Pitify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ��Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? MINO❑YES b.Will storm water discharges be directed to established conveyance systems(runoffand,4rm drains)? If Yes,briefly describe: ❑NO WYES , Dy Page 2 of 4 18.Does the proposed action include construction or other activities that result in tlfd $ffiffinent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? ^� If Yes,explain purpose and size: DEC ,� -3 2018 V 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? - If-Yes;describe: - - - I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor me: V11 lie G Date:J211A , Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" rF.'�' .!+ w ,e.`a;. ;" "•:!S''.,e ,,ixy: f, �,r'"f t.'' �y" :mur'§'�.:4,c&� :�}`• 'R; �"•'' vt` P�"<"+°x. f� t'•'onu' irt;' ��Y.t�``t`;{'t"� t;� r-•. 'x.,`, j •{�,�`f'"i:9ts'��'kr No,Or Moderate c�� .h&T,. >.�4"!:•RY`;`-s��Y,�'.c ,�t�,n;,r.,.;_;C.:.t�y..r;5�'c;.a�. :si' ';••,r�r,+ '4'�.g""'.rz.�"ti4�cti t;iF.r,='�.nt.v.�,Y ,•�,p ; ; � +�� ;�c����}j`yt. ,Y,�2�' 'wt ;:.•,,"Ja ck?n"'.`f.�&.,s';;f''�°o�'.{y-_�a ..f,{ . i-�qc "' �' ,. r,a ;p:'iat:r x � "sL � )., �;,;;- ;4:••,ti` c'v`A'": � fir,.- yc 4 f ¢z,-,. small to lar e G d� � t'::>�d C y ,�<'. os ���itY ry�„ �.ar r` '+' } ;-sr::i; Ss'sr�d��.-,�� . ,,�F t.^�'• cx g tx_ Y'•'��Y� L" ,�y>� :Y' •.';,?t."' r'. •'»�iiY-' iy 't: ��..` t.'� :Y} } �� ,. �;•�;Y'.• �, �:;t.'� . <.�:� �r ,}=�-`N• �µ�--�. 3 � :� �°A ,s,� ', ' impact impact ..S-�� a•t;7P'i �'�+X�p'?' 7:�a•i''r.�i,.�L':.ti:.ti i>-,,,.,,, � 2�:-„ .•, ���;:'�' •..:.?Xti:.fs'.4'�." a^P ut. .���, ffrYi- .:�',�.':?F� �.t,�...y,.a.:Cr.d 7tr +,�..st`'•�4"Fz'.r;�x 3,'•-�_ .t='.,�..:z�r�:r",'4'�',„r,.gS�r s:�a` •*.'�ia�� .ix'' •�•����..,,`� •4'" ' ,p,*f?",>'- rC T 4,:, }:�`'•` �rgd:.^ .�?.Kg:�.� •.t,'h:�" �,.�! � >.^* t". '� h4' Y d't- rii'Cdl •Y"fi?:x i�� �,R� � kt.. ..v ;Ew ��:#� �,`�i��� ,�� -r`'�'''{'�'_�r?:•%'biz:�,,4`AR:'-;.?,a>�� Xf;�.#if:���^�,��`�•r.+�A:��,�zA'F`,•y�,� fir'' �cq a OCCUC OCCUC 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No or Moderate small to large impact impact •7. a i � -. ;' 'i':3; rt M.'i.r.is.�.i,-'<n} =fry,y�4€r`t hi::rX;.t`>;`r:P'n"ani may may occur occur - - - >sx''k.�•`^�' C;it�s?^=1••stn:nr,;�„c�:'w1Sb'.'F`" 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. - - Part 3 should,in sufficient detail,identify the impact,including any measures_or_design elements ttlat.hays_been inGludedhy__.-_ Elie project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long44MMtED cumulative impacts. —7a Zo DEC 0 3 2018 ZONING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ 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. 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) Page 4 of 4 -7a-10 RECEIVED APPLICANT/OWNER DEC 0 3 2018 TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: �u 5' ` c (Last name,fl&A name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit -- Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If 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. 2a IS Signature ` Print Name ,��ej RECEIVED DEC 2018 AGENT/REPRESENTATIVE TONING BOARD OF 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. YOUR NAME : K1,61 .S4P %Cyl , F (Last name,ifrsf name,middle initidi,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 No,sign and date below.If 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 3 day ofQJ01W ,20� Signature Print Name m%yOwn /'. ►t, Town of Southold RECEIVED, LWRP CONSISTENCY ASSESSMENT FORM DEC 0 3 2018 A. INSTRUCTIONS ZONING BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. Building Dept. 0 Board of Trustees Te-iskees Z eA 1. Category of.Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Perm i approva, license,certification: Nature and extent of action: D�un�llsln S:nwLc. ��.db.:l4 �vrc�11 on .`110 A6y% .,Arcdl 044 G���4�aet new AU'ateo+ aut8 066� . uAcr&I 011ru►4w w porR64 Location of action: I OW B,41 56re 42ooJ rem ar� r3 .• 3 -/3• / Site acreage: . 4 RECEIVED Present land use: 14f,"k-9 DEC 0 3 2018 Present zoning classification: A'tic) ZONING BOARD OF APPEALS 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: Glib l /"dam (b) Mailing address: 7 jjfV. Sojl�* , XJ4%r/e' P Ne.0 y'd s/�., N1 A 01 If (c) Telephone number: Area Code 0 (d) Application number, if any: ..... Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No V 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. XYes ❑ No ❑ (Not Applicable- please explain) t �1, •a � � •s�o Q.d�.'r, oae� �' to �raew r:..$__c�f ra a 0*4b:lr�u.t�, bva"we4 4 _Aar Sw+o��� s..s3aer� • -- - - - - -- - 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 X (Not Applicable—please explain) yrAG*e1c�q�� RECEIVED Ri A 'ma Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria R Yes [�d No X (Not Applicable—please explain) Gw I�.�:nN Yaa'1 Nem.#� `as siw.e� 1l'eS�P�1.a v, i'I., �1®� nn4* f, 1<'G�0.•rca.' Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes [:� No (Not Applicable—please explain) �'�.s��lla��`s►� �f a.� .vire�aa�, by%Lkr 4PA wr dvye0l'w �'�+}�r.n8� low.��►r� 6� G���IG 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 0 Yes 0 No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. VYes [:a No E (Not Applicable—please explain) �V�i�d-' �•ut�rlti�''' I�A�iwiM� d4 �if`�a{,� `7Qlo 4 t , 611 GG 0 3 20!8 Attach additional sheets if necessary ZONING-SROARD OF AP°EALLS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. M--Yes No No-t_A licablc—_ lease._ex lain Oa .na 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 LV(Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. nn ❑ YeE] No V(Not Applicable—please explain) lie *f►a/+'-+ (dA W"r' kc6Gfa Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) nECEIVE � EC 0 3 �QiR ZONING BOARD OF APPEALS 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. XrYes ❑ No ❑ Not Applicable—please explain .A117 w�tid �7.�• ir1, AC wti ��' r.y P9f1��6�7 f �'1ca+ i®ne l C-"k, ff Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No zNot Applicable—please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable—please explain RECEIVED DEC ® 3 2018 ZONING BOARD OF APPEALS Board of Zoniny,Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) residing at 30 LJ-zt- ► 5�' FfS (Print property owner's name) (Mailing Address) 1W4 ivy /002� do hereby authorize 'Skeslaca Cal. (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. P (Owner's Signatur (Print Owner's ame) FORM NO. 4 0�`'V/'� RECEIVED b TOWN OF SOUTHOLD DEC BUILDING DEPARTMENT �o�� Town Clerk's Office —70NIlIGBOARD OF APPEALS Southold, N. Y. Certificate Of Occupancy No. 85863 . . . . . Date . . . . . . . . . . . . AP;11 . .17. . . . .. 19.7.4 THIS CERTIFIES that the building located at X/$. A4yphorq Road Street Aam ended map gg Map No. P46.0mic. 1�7$loc�kM.. . . . . . . . . . .Lot Noll .&. 1.5. . . dr•4mport A.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . July . .11'. . ., 19P. . pursuant to which Building Permit No. .072.6Z. dated . . . . . . . . J , . . ., was issued, and conforms to all of the require- ments .3. . . . . 19. 3 ments of the applicable provisions of the law. The occupancy for,which this certificate is issued is . . Private on• f'a�i1q aw•llin� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . .James & Rose Kobl•ms•r :Owners (owner, lessee or tenant) of the aforesaid building. , Suffolk County Department of Health Approval Deo. . .19. . .1974 . .by 4.. 7111.a. . . . . ; UNDERWRITER$ CERTIFICATE No. A. 1.5.�983. . . . .Ap=4. . .10. . A9?4. . . . . . . . . . . . HOUSE NUMBER . . . .1.0.$5. . . . . Street . . �4Ya13o1'*. 1. . . . . `I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' IJF. " K_ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector 't FORM NO. 4 RECEIVED TOWN OF SOUTHOLD DEC ®3 2018 Office ofltheNBuildingMInspector ®NTNG�QgRp OFAPpEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-29754 Date: 10/02/03 THIS CERTIFIES that the building ACCESSORY Location of Property: 985 BAY SHORTS RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 3 Lot 13.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 22, 2002 pursuant to which Building Permit No. 29224-Z dated MARCH 19, 2003 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 UNFINSHED 2ND FLOOR AS APPLIED FOR & AS PER ZBA #5222. The certificate is issued to ROBERT E & BARBARA HOLLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 77093C 07/22/03 PLUMBERS CERTIFICATION DATED N/A Authorized Signatur ` Rev. 1/81 RECEIVED FORM NO. 4 a TOWN OF SOUTHOLD DEC " 3 2018 Office ofltheNBuiDEPlding Inspector ZONING BOARD oFA � PPEAL Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-22971 Date APRIL 28, 1994 - - THIS CERTIFIES that the building ADDITION Location of Property 1085 BAY SHORE ROAD GREENPORT, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 3, 1981 pursuant to which Building Permit No. 11371-Z dated SEPTEMBER 14, 1981 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 ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-040081 - MARCH 29, 1994 PLUMBERS CERTIFICATION DATED N/A /7f2/L� /,/Auilding Inspector Rev. 1/81 RECEIVED FORM No. 4 DEC ® 3 2018 a� TOWN OF SOUTHOLD ZONING BOAR®OF APPEALS BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 2-22972 Date APRIL 28, 1994 THIS CERTIFIES that the building ALTERATION Location of Property 1085 BAY SHORE ROAD GRXENPORT, N.Y. House No'. Street Hamlet County Tax Map No. 1000 Section . 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 26, 1994 pursuant to which Building Permit No. 21896--Z dated JANUARY 31, 1994 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 ALTERATION & RENOVATION TO EXISTING ONE FAMILY DWELLING TO AS APPLIED FOR TO INCLUDE A BATHROOM The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-307685 - MARCH 17, 1994 PLUMBERS CERTIFICATION DATED MAR. 16, 1994-MATTITUCK PLUMBING & HEATING ui ding Inspector Rev. 1/81 12-76 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD DEC 0 3 2018 BUILDING DEPARTMENT Office of the Inspector Town HallZONING BOARD OFgpp EALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-23649 Date MAY 16, 1995 THIS CERTIFIES that the building ADDITION Location of Property 1085 BAYSHORE ROAD GREENPORT, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 27, 1995 pursuant to which Building Permit No. 22627-Z dated MARCH 15, 1995 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 ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION CERT." #7867 - APRIL 24, 1995 PLUMBERS CERTIFICATION DATED APRIL 27, 1995 - MATTITUCK PLUMBING & HEAT. Building Ins ector Rev. 1/81 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT DEC Q 3 2018 Office of the Building Inspector Town Hall ZONING BOARD OFAPPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-24855 Date JANUARY 16, 1997 THIS CERTIFIES that the building ADDITION Location of Property 1085 BAYSHORE RD. GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 03 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 2, 1996 pursuant to which Building Permit No. 23720—Z dated OCTOBER 3, 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION CERT. #14397 — DECEMBER 27, 1996 PLUMBERS CERTIFICATION DATED DEC. 27, 1996 — MATTITUCK PLUMBING & HEAT. Building Inspect o Rev. 1/81 V APPEALS BOARD MEMBERS �pSVFF91�'�► h�0 �Gy Southold Town Hall t ydia A.Tortora,Chairwoman C= 53095 Main Road Gerard P.Goehringer H x P.O.Box 1179 George Homing O .fie Southold,New York 11971-0959 Ruth D.Oliva y�j�1 �a0� ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork-net BOARD OF APPEALS TOWN OF SOUTHOLD RECJa-70 FINDINGS, DELIBERATIONS AND DETERMINATION III��� MEETING OF JANUARY 23, 2003 DEC 2�1E Appeal No. 5222-Robert& Barbara Holley. ZONING BOARD OF Property Location: 1085 Bay Shore Rd., Greenport 53-3-13.1 APPEALS SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' parcel consists of approximately 23,392 sq, ft., comprising of Nos. 12, 13, 14, 15 shown on the Amended Map "A" of Peconic Bay Estates in Greenport. The property has 180 ft. frontage along the north side of Bay Shore Road, a depth of 157.12 ft. along the west side and 151 ft. along the east lot line, and frontage along Pipes Creek. The property is improved with a one-story frame house as shown on a survey dated February 4, 1997, updated October 23, 2002 prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's August 28, 2002 Notice of Disapproval denying a permit under Section 100-33C for the location of an accessory garage with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2004, 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: Applicant wishes to locate an accessory garage, 36' wide by 24' deep, in a front yard location at 35 feet from the front lot line instead of the code required 40 ft. setback. The property'has two yards facing a road and road easements, and two remaining yards with restricted wetland areas, delineated by the NYS DEC Bureau of Marine Habitat. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings- 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is nonconforming with +- 23,392 sq. ft. according to a survey prepared by Joseph A. Ingegno, L.S. dated Page 2—January 23,2uua Appl.No.5222—Robert and Barbara Holley 53-3-13.1 at Greenport �C��� DECOF4PPS acs October 23, 2002. Other properties in the neighborhood are also developed on small nonconforming lots. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue other than a variance. The property is a waterfront parcel containing wetland and restricted areas. The applicants have no other alternative and desire to build a garage as an accessory use in this yard location southwest of the house, at 35 ft. instead of 40 feet from the front line. Without variance relief, the proposed garage in a reasonable location, and their rear yard is very close in proximity to the wetlands and restricted buffer area. The proposed garage is 24 feet by 36 feet with the entrance to the east. The front yard setback pursuant to Article MV, Section 100-244 is 40 feet, the proposed structure is shown at 35 feet from the front yard line. The proposed garage will be heavily screened from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore Road. 3. The variance is not substantial in relation to the code requirement, representing a reduction of 12.5% of the code requirement. 4. The alleged difficulty has been self-created because the applicants were aware of the limitations of the nonconforming size of the lot when it was purchased. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage 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 Orlando, and duly carried to Grant the setback variance as applied for, with the Condition that the only utility be electricity. 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, • Page 3—January 23,2003 • Appl.No.5222—Robert and Barbara Holley 53-3-13.1 at Greenport ZID 0 ?2018 NINGoARO OF APPEA jS setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Horning of Fishers Island was absent.) This Resolution was duly adopted (4-0). LydFr/ Tortora, Chairwoman—Approved for Filing 3/ 3 TOWN OF SOVTHOLD, NEW YORK DATE 1970 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1352 Dated June 11, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, To Abe Goldrich Appellant East Broadway Woodmere, New York at a meeting of the Zoning Board of Appeals on July 9, 1970 the appeal was considered and the action indicated below was taken on your RECEIVED ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance DEC 03 X018 (a.) Request for a variance to the Zoning Ordinance O —70NIIVG BOARD Ok APP8ALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph I............ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7;30 P.N. (E.S.T.), upon application of Abe Goldrich, East Broadway, boodmere, New York; for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section IOOOA, for permission to build new one family dwelling with less than 100 ft. frontage. Location of property; east side of Bay Shore Road, Subdivision Map of Peconic Bay Estates, Amended Map A, Lot W t s 14 & 15, Greenport, New York. 2. VARIANCE.By resolution of the Board it was determined that (a) Striet application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. AHROvED SEE RE7SE __, x ZONING BOARD OF APPEALS FORM ZB4 Cha man 0 ppea Marjorie McDermott, Secretary Southold Town Board of Appeals r APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer,Chairman 53095 Main Road Serge Doyen � P O.Box 1179 James Dinizio,Jr. Southold,New York 11971 Robert A. Villa 'y�lj O� Fax(516)765-1823 Lydia A.Tortora Telephon G6)V 5-1809 BOARD OF APPEALS DEC 0 3 2018 _7°-1� TOWN OF SOUTHOLD ZONING BOARD OF APPEALS /111111. #4412 ACTION OF THE BOARD OF APPEALS APPLICANTS:ROBERT & BARBARA HOLLEY DATE OF ACTION: Sept. 19, 1996 1,0CATION OF PROPERTY: 1085 Bay Shore Road, Greenport. C011NTY TAX MAP DISTRICT 1000, SECTION 53, BLOCK 3, LOT 13. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 7/24/96. Insufficient front yard as per Article IIIA, Section 100-30A.3 (also ref. Nonconforming setbacks provision of code at 100-244). This lot contains two front ,yards, and is considered a corner substandard lot in this R-•10 Residential Zone. PROVISIONS APPEALED FROM: Article XXIV, Sections 100-244. RELIEF REQUESTED: Twenty-seven (27) ft. setback at its closest point and 29 ft. setback at the opposite corner of a proposed 8' x 22' addition and 8' x 12' deck extension, all as shown on Map amended Jan. 17, 1996 prepared by Roderick VanTuyl, P.C. (Note: No other grounds for disapproval by the Building Inspector were noted and therefore no other areas of construction or provisions of law are considered by this application as written and submitted.) REASONS/FINDINGS: Official Town records show that a front yard interpreta- tion of yards fronting private rights-of-way have continued with this interpretation for more than 25 years, which designates some lots to be corner lots, and others with one front yard (when they are fronting along a private right-of-way with or without frontage along another road). The Board of Appeals has recognized the need for relief when a private right-of-way is shown on a map, having considered many different scenarios - depending on the neighborhood and configuration of the lots. This parcel is improved with a one-story frame house and is presently set back 35 feet from the most easterly right-of-way frontage. (The subject right-of-way is not open or improved.) Due to the shape of this lot and frontages along Pipes Creek, Bay Shore Road and z private right-of-way, the building area is limited on this 11,200+- sq. ft. parcel. Motion was offered by Member Dinizio as follows. MOTION MADE BY: James Dinizio Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Approved front yard setback from the private right--of-way, as applied and described above (also shown on the survey amended Jan. 17, 1996 prepared by Roderick VanTuyl, P.C.). VOTEI OF TIIE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr, Robert A. Villa, I,ydia A. Tortorta, (leraard P. eliring Th' r solution was 1111animously adopted (5-0). � X GERARD 1'. GOEHRINGER, CHAIRMAN IECIIVID DEC ®3 ?w -70NING 130ARD OFAPPEkS After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with less than 100 ft. frontage. One family dwelling will be built on area larger than required minimum and similar to other dwellings in the area. The applicant has excess of required area but is short on frontage due to abandonment and refiling of subdivision map. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Abe Goldrich, East Broadway, Woodmere, New York, be GRANTED approval to build new one family dwelling with less than 100 ft. frodtage. L'oaation of property: east side of Bay Shore Road, Greenport, New York. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. � - - tgjl�— ,Afur ll e _ — _ LGtu ?A✓_ lee f�JJJn fi B i:; or o - �ePV7- �L �'b B�i� �% v'e 7/,9l �a RECEIVE® DEC ®3 2018 -�"ONIIVG BOARD 0,1APPFALS -7a-7L RECefft ®,EC ®2 2016 ZONrIVG8®/4RD OF4PPE ptS RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE �6/�f� HOUR Town Clerk, Town of Southold ;J r I a , RECEIVED DEC 03 2018 o0V - i/,7103- a_", U - Z""'IOAR®'IF APPEALS �f/� /ld-3l a 3 11 -�_ 1 1.� � q.._� *, fr..t}�r ����►e�p. ` ��, r �� tt ,h••E,-,�� �.�� �.� a �p � .,• v • �'`�� '!m �� a�v,�,S �,,. at�,¢;fit, s{ �� � K;��� • a ...,...F;.-.. :maw• .y ;- _ - - + t _ KQ _ +'a .•- C`��, -•►.� a �'�a j�,► j ,y�+� m'' �.. � t'. w, >..s..Y MAY, �� � ergs,�`; •� ,. 6�" �� . .''��`�" ''> r iAL ,mcg L • RECORD CAR® OWNER STREET ��� VILLAGE DIST. SUB. LOT -H6 �"rxl P FORMER OWNER` N E ACR. L-1 S W TYPE OF BUILDING / RES. I SEAS. VL. �l FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS Z& o o nL, `1 6�79i� < . -,f e-9A. - 76 /t ` � �-I•S� a l 1 Cv�© � �- 7 —L. - C--) Q AGE BUILDING CONDITION eBe NEW NORMAL BELOW ABOVE rn - -o FARM Acre Value er Vclue Acre b v� Tillable FRONTAGE ON WATER Woodland I FRONTAGE ON ROAD 106 . Meadowland DEPTH 77 House Plot BULKHEAD Total ' DOCK TOWN OF SOUTH®L® PR®PSRTY �RECORD CAR® ' . 1N�`1 L d / ��� S f- STREET / �� VILLAGE DIST. SUB. LOTS 'BAY S'f><o/:5 91), FORMER OWNER N E U ACR.K68Z L:-Iv < �,. f S W TYPE OF BUILDING , RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS :' ,r r, a( /D 41 lea vi-l S66 `� CS 1 lA—,d S -v 0/1//71Ile2 I c a c�r� ,C, 5 c , dOd o a o2 o �a o o v' 3 a 7 la/� �o S/�LE ��Soa j.X08 =Nz SwF is �,HoLLtY WF S73 9 14 I ( Zn On i`?iov.)TQ 1- nm r=- l: ,C--� 18.-00d, , D� ' !-�i' o%cl 00a u �� �oL�2(� '��O 8 �� Z la 3 9 P f 1 )nth �'b00 r7 r7 o o -2-00 n \o A/7 -7 UU)0 3 )9 bl a9 01 a A,Q AGE BUILDING CONDITION -712, o — SC QC?//02 _ 8 5Q NEW NORMAL BELOW ABOVE �3 < 1e-2 — O ev 0 �(� 7ru� Ye-en -Yn - FARM Acre Value Per Vclue �p ^ o o 94 d Acre L�l� `®lfll' Cs Tillable FRONTAGE ON WATER �'l� { Vtip , Woodland o T FRONTAGE ON ROAD Meadowland o DEPTH House Plot � & BULKHEAD Tote-' �� �',��' � DOCK SCTM # 1 OQp - 53 1 .� TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST.1 SUB. LOT t dc) I ?, - V-,�c 0 ACR. REMARKS TYPE OF BLD. PROP. CLASS ND IMP. TOTAL DATE Lu Lu a o � � q � � o 0 O FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 't7'r t.��i yid' F t� ■■■■■■■■■■■■■■■■■■■■■■■■■■■ tft Ors,��,- �:,,�;.�... .�,,, .�.�.»- .v " ,• ": ■■■■■■■■■■■■■■■■■■■■■■■■■■ �: � � ��;.�". �-� ■■■iii■.■ � �iri ■■■■�■■■■■■ ■■NI■■■■■!�i■■ MINm■■■■■■■■■■■ ■■■I■�■■■!.._�:ll�.._..■■■■■■MEMO■■ No x �.,,.�, �._ .., ,; ■■■1■■iii �■����■e■■■■■ w -'*�-•-�,..''"'"... ..ry �.f.i<, it 4.r�" E�"���+",.e*�=;x'��:�=:�''��":,r,'+.J,�� �„ " ..,,e. x" S :'"z5' i • .r �� t! Interior ••• • • : : .��� ofttaMlNEo er N.3 mBw9n r �{�y. ' tAN0 eU0.VFY00.0N)Unf 1J,JOtI +" �,. 1`•• Setback all `1�',rS Y-• .. \ '�° ����! � 4�i ,t EXISTING + 1 /'/' FOOTPRINT �. ON,,,���yy��•�� a .y. ' _�' V ♦- + .yam - ,k �� a'p" (*�„«_ �- � _... A . u,no wevfvon onr n '.. - ♦� �..` t - � �✓ .. ."-�.2 , f - s �. is •.- � 1 Proposed Site Plan k f O R D I S C U S S I O N P U R P O S S O 1085 By Shore Road oar pr+e6a.W.m 8 �w.ag ea9ulmnanM1; NranryYarsadm5ae4: 1--f Fc,ch Aswtiates,Inc l6 Nugent Sheet,p.0 Bm 1201 Gfeenpon 6our6eltl toxo ka Co.w Side vard lw�n(or mer,r /�� f-�1 — sou'..pm,New vork 11%9-1101 Twm dSWthold iwalka fires al o90 Sq it - daad:53/'^d sae Side Yrda ltwal lw boM.inumrinh'l5' U! V fi312835958 Eae.63118359]/ Su%dk County.New—k 81®66 turd/UpkM NW '1,2W 59.Et EnaaBBamuwd euikl xl'110gk Gear vaN.W' 0 ��.r�.0 sa.anrr,.r...uau 1scrM a-mo-sl-1n31 •Ma.. mq,w s,65:y 6. y Jkrw.kfw6.m: C m _ TNwh nw 'a y ork Nae OECUnlaid lw Cwwaee 50 pPrf38PtJlrl 8k MICLIEMSIereyer_rOB3 Bay Stove 8111085 Bay �, larrw60.Mrktiorra: 8e Up6M Wes laMwd dWWab)pa6 NYCRRbef 6lga Z. eYad t5 per eleo-r5lBl wed Nsim monok fk ENrungnrea of lmpwvlou.sada®.::JSloq rc BearD a a 5hae.tdal Oveda�Pmpo10aa2o18.dwg Mm,.,el r;.ege. fetwmniW .Ma.w.mwd,wdlrrh,a,�ous�.r.o.:5w:y x. va.d p«s:ao,slBr o-5.OlN{�c W�6W1 Ip MInlabM ad'6y e.aNrrrg.fire: Q p,q p` ^•�'-"'�+ tar mr Oae iprglo,e r b/ m d v M D r OFFO[��, ELIZABETH A.NEVILLE,MMC 0� OGy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 ' Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,fi off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��( �`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, DATED: December 5, 2018 RE: Zoning Appeal No. 7270 Transmitted herewith is Zoning Appeals No. 7270 for Michael Kreger: The Application to the Southold Town Zoning Board of Appeals ✓ Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form ✓ Applicant/Owner Transactional Disclosure Form(s) �gegRepresentative Transactional Disclosure Form(s) WConsistency Assessment Form ,/Notice(s) of Disapproval ,/ Board of Zoning Appeals Application Authorization ertificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- -Y-Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/05/18 Receipt#: 250028 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7270 $50000 Total Paid: $50000 Notes: Payment Type Amount Paid By CK#502 $500.00 Kreger, Michael Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kreger, Michael 175 West 60th St Apt 33C New York, NY 10023 Clerk ID: JENNIFER Internal ID:7270 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson S 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento10OUSouthold,NY 11971 NTY,Nc� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 December 4, 2018 D E C E V E ]� Mark Terry, Principal Planner DECO.4 2 8 LWRP Coordinator Southold 'own Planning Board Office Planning Board Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7270 Kregar, Michael Dear Mark: We have received an application to demolish existing dwelling and construct new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper�en By: s— Encl. Survey : John Metzger Dated : October 11, 2018 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SOF souj53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y Town Annex/First Floor." Robert Lehnert,Jr. �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU NTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 December 4, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7270 Owner/Application : Kregar, Michael Action Requested : Demolish existing dwelling and construct new single family dwelling. 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, Leslie K. Weisman ZBA Chairperson By: 12- S �If Encls. 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