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1000-40.-1-20.2
OFFICE LOCATION: ®��0� ol® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning ,Board of Appeals From: Mark Terry, LWRP Coordinator Date January 30, 2017 Re: Coastal Consistency Review for ZBA File Ref KENNETH ZAHLER#7011 SCTM# 1000-40-1-20.2 KENNETH ZAHLER#7011 - Request for a Variance under Article XXII, Section 280-105 and the Building Inspector's October 14, 2016, Notice of Disapproval based on an application to legalize an "as built" fence, at: 1) more than the code required maximum four(4) feet in height when located in the front yard; located, at: 63735 Suffolk County Route 48,_(Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-20.2. The proposed action has been reviewed to.Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the.information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney BOARD MEMBERS ®F SUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road•P.O.Box 1179 �® l0 Southold,NY 11971-0959 Eric Dantes [ #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �O a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider �ycoU9� � yS^^outhold,NY 11971 lab http://southoldtown.northfork.net PFJ)'11-1 E C E ll Vw E_ nl ZONING BOARD OF APPEALS I TOWN OF SOUTHOLD LOCT 2 5 2016 �I � Tel.(631) 765-1809•Fax(631)765-9064 Southold io,vr c�Soar Pianr,�ns; October 25, 2016 ffig Board---. Mark Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7011 —Zahler Dear Mr. Terry: We have received an application for legalizing an "as built" fence in Greenport. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson BY: Encls. 1` FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 14, 2016 TO: Kenneth B. Zahler 63735 Route 48 Greenport, NY 11944 Please take notice that your application For permit to legalize an "as built" fence at Location of property: 63735 Route 48, Greenport,NY County Tax Map No. 1000- Section 40 Block 1 Lot 20.2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105, which states, "Fences, walls or berms may be erected and maintained, subject to the following height limitations: A. "When located in the front yard of residential zones, the same shall not exceed four feet in height'_" The "as built" cesurr unding the North and West sides of the swimming ool exceed this height. 0 r "�A L Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. • i ! 1 Fee:$ Filed By- Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS k.77-7-�_ AREA V AN House No. Street Wart' HIa let SCTM 1000 Section BlockjLot(s) `��„��l` ,ot Size �.� Zonet� -I(WE)APPEAL THE WIFJTTEN DETERMINATION OF THE_BUILDING-INSPECTOR DATED BASE/DD ON SURVE/Y/SITE PLAN DATED Owner(s): ��f�dr✓l� �✓� !�./'� 04' Mailing Address: / � ---- Telephonely_ Faax• mail:l � / �� �/� — 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: for( ) Owner( )Other: Address: Telephone: Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names: (;�Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED /;3 and DENIED AN APPLICATION DATED FOR: ( )Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by umbers.Do not quote the code.)77E� Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( }A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law-Section 280-A. ( ) Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal (,fhas, ( ) bnot been made at an time with respect to thisproperty, UNDER Appeal No(s)./ Year(s). Z�� (Please be sure to research before completing this question or dll our officef r assistance) Name of Owner: ZBA File4 � 1� 2 - Name of Owner. ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 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: 3.The amount of relief requested is not substantial because: �, , ��S f J 40, 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? { } Yes,or { } No Why: Are there any Covenants or Restrictions concerning this land? { } No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of t or Authorized Agent (Agent must submit written Authorization from Owner) Swo to bQfore me this l day of ,20 017M t-4 A, &Aa, Notary Public CONNIE D.BUNCH Notary Public,State of New York No.01 Sll61 85050 Qualified in Suffolk County Commisslon Expires April 14, 2P--2LO r Kenneth B. Zahler 63735 Route 48 Greenport, New York 11944 Office: (631) 369-0200 Fax: (631) 369-0199 Cell: (631) 495-1093 E-mail: kbzl948@Gmail.com Zoning Board of Appeals Town of Southold Southold, NY 11971 Re: Deer Fence permit #39778 October 17, 2016 ZBA File 6851 Leslie Kanes Weisman, Chairperson Dear Ms. Weisman; I am submitting an application for a variance in response to your letter dated October 6, 2016. The as built pool fence is the only fence we now seek to construct south of the dwelling. The fence for which we had previously obtained permission under the above captioned number will not be pursued. We believed that the fence actually constructed which was much less than what we had received permission for would be covered by the permit. The fence as it exists does not go as close to the road, nor as close to the westerly neighbor as the permit allowed. I had no intention of doing something for which I had not already been granted a permit and I.apologize, for that. We respectfully request permission to leave the fence as built and would like to complete the permit. We will have our survey amended as required. Very Truly Yours, Kenneth B. Zahler y APPLICANT'S PROJECT DESCRIPTION APPLICANT: L � � � XAWATE PREPARED: 1.For Demolition of Existing Building Areas Please describe areas being removed: �, r j- 1 U.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed. f yes, please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or ructural Changes) ____ -___--(Attach-extra_sheetlfnecessary)_Please-describe-building ar-e - - Number of Floors and General Characteristics BEFORE Alteratio Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor):- Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage-of coverage of your,lot by building area: V.Purpose of New Construction: � 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): 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 r QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises eed on the real estate market for sale? Yes i" No B. Athe any proposals to change or alter land contours? re No Yes please explain on attached sheet. C. 1.)Are there areas that-contain sand or wetland grasses? _ Jel 2.)Are those areas shown on the survey submitted with this application? ---- 3.)Is the proJpe�iy bulk headed between the wetlands area and the upland building area? /V 29 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? A6�7 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you havNe any construction taking place at this time concerning your premises? "e 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? If yes, please label the proximity of your lands on your survey. / I. Pease list prese t use or operations conducted at this parcel 09 or and the proposed use (ex existing single family,proposed same with garage,pool or other) Authoriz d signature and Date BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson "\a sorry 53095 Main Road• P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning ® �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�CQ(fy,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 October 6, 2016 Kenneth B. Zahler 63735 Route 48 Greenport,NY 11944 RE: Request for De Minimus determination,ZBA#6851 Dear Mr. Zahler: I have reviewed your letter, dated September 29, 2016, requesting a de minimum determination in the above referenced Zoning Board of Appeal's decision.. The relief requested in that decision was granted as amended to establish a 400 foot front yard setback from C.R. 48 in order to erect 8 foot high deer fencing in your front yard and along the perimeter of your property, as depicted in the approved survey date stamped April 16, 2016. to your letter you now request a de minimus determination to permit as built 5 to 6 foot high fencing around the in ground swimming pool located in your front yard,while the code permits 4 foot high fencing. Included with your letter is a copy of the survey approved in ZBA# 6851, showing the location of the approved deer fencing and the as built 5 to 6 foot high pool fence. On October 6,2016 I reviewed your request with the members of the Board of Appeals. Based upon the information provided and my discussion with the Board, I have determined that the 5- 6 foot high as built fencing located on the south and east sides of the swimming pool is de minimus in nature, since the height previously approved for fencing at those locations has been reduced. However, that portion of the as built fence surrounding the north and west sides of the swimming pool is not de minimus since it increases the amount of non-conforming fencing in the front yard. If you wish to maintain those sections of the non-conforming as built fence, you should apply to the ZBA for additional variance relief. Please contact our office if you have any further questions or concerns. Sincerely, Leslie Kanes Weisman Chairperson CC: Michael Verity, Chief Building Inspector , [ SURVEY OF LOT 2 5 }GP OF PROPERTY r TJ ANTHONY & SALLY PIRRERA l0 0 r t. eneSITU ITF n v neo �1VED CREENP09T TOWN Or SOUTHOLD SUrrOLK COUNTY. NEW YORK 4� 105 S c Tax Nu- ,000-e0-01-20 x 51,E.8cp 5 2013 � � rrEII�mrn rx etr3 iu[O,troxwR? �� -,W.[n.¢.e[cQte[xttD 70 44v4 n21 x.Nu 0 V t LaSn a[W.,xu¢.e[Sxpx rxVSs • • � � tt¢,X[WrOW IMS Yt Sxxxx 1xu5 ------- _____._ V� a 1 / q a :mu 20 rn,o u.x roo nsr.at x�eromou x :j� rx.d�..• �s�s2 .emxm.,x c / ,x[l0[elgl Or wptl.x0�[tivxxLS SxxW.Krfo•[.c[fPW!rtl➢ 1 065[wA1ew5 tax/qt 1. .x(x IgoL¢RCeS- der f ie .P--t-p--o 16 �� dtlr \o .t TEST^ror�n4rA �. :emu _ •. •-�,v s '/'` {- / iewed doNmenh� h©l zeA F = 1 15 2-... .# Date'- 1 u s yi��sb !� jR.7 00.1 t 1�w LL _ _•'��• Nathan Taft Corwin 111 J I n •�� _ _,_ Land Surveyor - r�guFFOi� Town of Southold 9/11/2015 .{ . P.O.Box 1179 o _ 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37772 Date: 9/11/2015 THIS CERTIFIES that the building SINGLE FAMILY DWELLING Location of Property: 63735 CR 48,Greenport SCTM#: 473889 Sec/Block/Lot: 40.4-20.2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated - —3/T0/2014 pursuan torch Building Permit No. 3 8 7 3 3 dated 3/26/2014 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: one family dwelling with decks,second floor deck and attached 3 car garage as applied for The certificate is issued to Zahler,Kenneth&Joann of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-13-0059 9/3/2015 ELECTRICAL CERTIFICATE NO. 38733 9/10/2015 PLUMBERS CERTIFICATION DATED 9/1/2015 Richard Gatto //uth/Qhzed Siature � fFot� v TOWN OF SOUTHOLD BUILDING DEPARTMENT x ' TOWN CLERK'S OFFICE - SOUTHOLD, NY BUILDING PERMIT; (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 40526 Date: 3/15/2016 Permission is hereby granted to: Zahler, Kenneth PO BOX 754 Cutchogue, NY 11935 To: construct an in-ground swimming pool as applied for. At premises located at: 63735 CR 48, Greenport SCTM # 473889 Sec/Block/Lot# 40.-1-20.2 Pursuant to application dated 3/10/2016 and approved by the Building Inspector. To expire on 911412017. Fees: SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00 CO - SWIMMING POOL $50.00 Total: $300.00 Building Inspector r �3 APPEALS BOARD MEMBERS tel.' �Fl�1j ��gSCQ Southold Tows Hall Gerard P. Goehringer, Chairman �� , y 53095 Kain Road James Dinizia, Jr. P.O. Box 1179 Lydia A.Tortora ,'.�? Southold,New'York 11971-0959 Lora S.Collins �,j; -., �`F ZBA Fax(631)765-9064 George Horning �Q� �� Telephone(631)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF'JULY 19, 2001 Appl. No.,4908.- EDGEWATER ILII, LLC Parcel No. 1000-40-1-20.2 'STREI*T&LOGATION 1�6M5 G.R. 48, Greenport DATE OF PE1BLlC HEARING: July 112, 2001 FINDINGS OF FACT -- -------PROPERThFACT-S/DESCRIRT-ION:T-he-applicant=s-property,-is-a--vacant-lot-in-Greenpor-t with------ --- - froritage of 128 feet on-theNorth Road and 150 feet on the Long Island Sound,with depths of 977 feet(east);anq,919 feet(west).:The approximate distance frorrr the North Road property line to the top of the Sound Bluff is 810 feet(east} and 725 feet(west). BASIS OF APPLICATION: Building Inspector's, May 1, 2001,Notice=of Disapproval, denying a permit to build'a newisingle-family dwelling because the proposed house: (1)'has a third story, in violation of-the 2-1./2 story limit.in Code Section 100-32, and (2) has an elevator shaft higher than the 35-Boot limit in Code Section•100-32. AREA VARIANGE-RELIEF REQUESTED: Applicant requests a-variance authorizing construction of a single--fahiily'house`[with Upper floor area shown on architectural plans dated 7/9101 prepared by Ira Haspel Architect, P.C. (Job ref. 202101)]. , REASONS FOR BOARD ACTION, 'DESCRIBED BELOW: On the basis of testimony presented, rh terials sbbMtted and personal inspection;the Board makes the following findings: 1. The architectural plabs, show a third-floor bedroom suite of 990 sq. ft. The ground floor footprint is 4.357 sq. ft. and the second floor covers 2415 sq. ft. Applicant states that the third floor was designed to comply-with the-Code definition of a half story, but presented no measurements to support-that statement The Board will treat the matter of the third story as a request for a variance. 2. The proposed house,has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roof height is about 37-1/2 feet while the average from eaves to, peak is about 32 feet, within the 35=foot limit of the Code. The square footage of the third,flgor bedroom suite is less than 25 percent of the ground floor footprint,and the presence of the third floor does not affect the compliance of th'e ro'ofline-with the�35 foot'lirnit. 3. The proposed house has a large chimney-that appear's,',from'.the pians,to;;be about 41- 1/2 feet high. Chimn6ys higher than 35 feet are permitted by Code section 100-230([7)x'[).-The height of the elevator shaft is equal to the highest roof peak, and several feet lower than the chimney, Elevation ,drawings show the chimney as a prominent feature while_ the top. of the elevator•shaft is a less prominent element of the irregular roofline. Page 2-July 19, 2001 ZBA Appl.No. 4968—Edgewater II, LLC Parcel 1000-40-1-20.2 at Greenport 4. The propose d.bouse is setback ab04.50Q feeir.f,rom the,Nq_rth:R;oad,aftd has.side yards of•20.and'25 feet. There.is no evidence that the design'or-siting of the hpuse poses any threat to the character of the area. 5. Based on the foregoing factors, the Board concludes that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 6. There is no evidence that grant of the requested variance will have an adverse effect or impact_on_physical_or_environmental-conditions. -__-- 7.The.action set forth below is the minimum necessary to enable applicant to build a hquse j in accordance with his plans while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. .RESOLUTION/ACTION: On motion by Member Collins,.seconded by Member Dinizio, it was. RESOLVED, to GRANT the application as applied for, authorizing construction,for the house as proposed with a third-floor bedroom suite and elevator shaft shown on the architectural house plans dated 719/01, SUBJECT TO THE CONDITION that a comprehensive fire-prevegon• system must be operative throughout the house at all times. (i n d o o r s p r i n k 1.e r s y s t e in) . This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the,Zoning Code, other than such uses,-setbacks and otherfeatures as are expressly addressed in this.action. Vote of the Board: Ayes: Members Goehringer(Chairman), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). fr ---J" R610.•GOE RIN R, G 1RMA-N THE S0'UT1gCLD TON014 C . 1 [� Tcmm C?c� Tower= of `�ctzYt dki ( ...,N v • .-_ ... •... - .. . r . ...... .....-;. ..# . {ti.s,i ..,- hr.. =r i.l li.itl. .,n x.5"1 MfY rM a;1C ..'fd.Lf .eis.d16> APPEALS BOARD MEMBERS O 5% Southold Town Hall Lydia A.Tortora, Chairwomano y� 53095 Main Road Gerard P. Goehringer ti P.O.Box 1179 George Horning O .F Southold,New York 11971-0959 Ruth D. Oliva y'!! O`` ZBA Fax(631) 765-9064 Vincent Orlando Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 10, 2003 JUL 2 9 2003 Appl. No. 5330- EDGEWATER II, LLC -- Property Location: 63735 C.R. 48, Greenport; CTM 40-1-20.2. Southold Town Clerk 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet(east line)and 725 feet (west line). BASIS OF APPLICATION: Building Department's March 11, 2003 Notice of Disapproval, citing Section 100-32, in its denial of a building permit to construct a new dwelling with a third story, instead of the code limitation of 2-1/2 stories and/or exceeding 35 ft. maximum height. (Note: Building Permit #27980-Z was voided by the Building Department based on a different dwelling design and construction details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, 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: Applicant has revised the construction design of the proposed single-family dwelling as shown on the 'Job No. 209902' Plan, Sheets A2-1 and A2-2, prepared by Ira Haspel, Architect, P.C. The third level design was revised by applicant to 1138 sq. ft. for the third-floor bedroom suite, instead of the previous request of 990 sq. ft. 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The architectural pians show a third-floor bedroom suite of 1,138 sq. ft. The ground floor footprint is 3,458 sq. ft., and the second floor covers 2,041 sq. ft. The presence of a third floor does not affect the r ' Page 2—July 10,2003 Appl.No. 5330—Edgewater 11,LLC 40-1-20.2 at Greenport compliance of the roofline with the 35-ft. limit. Applicants state that the third floor was designed to comply with the Code definition of a half story, but presented no measurements to support the half story. The Board will treat the matter of the third story as a request for a variance. 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 proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35'-ft, limit of the Code. The square footage of the third -- - - - ------------------- -- - -- floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. limit. 3. The requested area variance is substantial since 35 percent of the house is based on a variance to complete the third floor. 4. The difficulty was self-created when the applicant designed the house with a third floor which did not conform to Code requirements. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The proposed house is set back approximately 520 feet from County Route 48 and has all required side yard setbacks. Based on the foregoing factors, the Board concludes that granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 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 Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for and shown on the revised plans ('Job No. 209902' Plan, Sheets A2-1 and A2-2) prepared by Ira Haspel, Architect, P.C. 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. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Horning.) This Resolution wap d 3-0). Lydia A ortora, Chairwoman —Approved for Filing 71 p?9703 APPEALS BOARD MEMBERS ® 0f sour Mailing Address: Ruth D. Oliva, Chairwoman �o�� yQ/_ Southold Town Hall Gerard P.Goehringer `O 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. ria Office Location: Michael A.Simon �Q ^�i0 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman OWN, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED t- ZONING BOARD OF APPEALS V5-10177 TOWN OF SOUTHOLD MAR 2 2006 Tel.(631)765-1809•-Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 2, 2006 Appl No. 5815- EDGEWATER II, LLC Property Location: 63735 C.R.48,Greenport CTM 40-1-20.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under --------------------consideration-in-this-application-and-determines-that=this-review-falls-under-theType-Il-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 appiicent's'property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet(east line)and 725 feet(west line). BASIS OF APPLICATION: Building Department's October 19, 2005 Notice of Disapproval, citing Section 100-30A.3, in its denial of an application to amend their request, for structural alterations above the second floor area of this proposed new dwelling. The reason stated by the Building Inspector for disapproving the amendment request is that the zoning code bulk schedule restricts the number of stories to 2-1/2, and the proposed amendment differs greatly from the plan approved under ZBA Appeal No. 5330 concerning the third floor construction area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, 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: Applicant revised his plans as shown on the 10/25/05 construction design of the proposed single-family dwelling, shown on the 'Job No. 223705' Plan, Sheets Al and A2, prepared by Ira Haspel, Architect, P.C., reducing the size of the third level design to less than the original size(original size was for 990 square feet). 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 area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is situated on one of three parcels as a family compound, sharing a common drive. The architectural plans show a third-floor bedroom suite of 1,138 sq.ft. The ground floor footprint is 3,458 sq.ft., and the second floor covers 2,041 sq. ft. The presence of a third floor does not affect the compliance of the Page 2—February 2,20060 Appl. No.5815—Edgewater II,LLC CTM Parcel 40-1-20.2 at Greenport roofline with the 35-ft. limit. Applicant states that the third floor was designed to comply with the Code definition of a half story, but presented no measurements or evidence to support the half story claimed. The Board will treat the matter of the area,above the second floor as a request for a variance from the 2-112 story code restriction. 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 proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground,floor footprint, and the presence of the third floor does not affect the compliance of the -- - -----roofline-with-the-35-ft—heightlimit--- ----- 3. The requested area variance is substantial since the overall area has been reduced from 6,449 square feet to 5,941 square feet, and sprinklers will be installed throughout the house. 4. The difficulty was created with the design and plan submitted by the applicant. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The house is approximately 500 feet from County Route 48 and will comply with all code-required side yard setbacks. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion_was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried,to GRANT the variance as applied for and shown on the revised plans (Job Plan No. 2237505, Sheets Al and A2)and Comparison Site Plan last dated 11-10-05, prepared by Ira Haspel Architect, P.S., subject to the following Conditions: 1. That the two green signs installed illegally on utility poles in front of the applicant's property be removed and installed in accordance with the town codes, and 2. That a comprehensive fire suppression system shall be installed and operative throughout the house at all times. (Same as condition written under ZBA#4968). 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon, and Weisman. Absent was: Member Goehringer. This Resoluti as duly adopted 4-0). �;&I & . no� Ruth D. Oliva, Chairwoman a f.N-J06 Approved for Filing 1 BOARD MEMBERS Southold Town Hall Ldslie Kanes Weisman,Chairperson 'of SOUryo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest at Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank ,George Horning Yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUI�v,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 AP 2 9 2015 '�iuthold Town Clerk --FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 16,2015 ZBA FILE 6851 NAME OF APPLICANT: Kenneth and Joann Zahler SCTM#1000-40-1-20.2 PROPERTY LOCATION: 63735 County Route 48 (aka North Road)(adj.to Long Island Sound)Greenport 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 H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 11, 2015 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 March 24, 2015. 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Premises is improved by a new two story home under construction. The, parcel is 2.72 acres, located in a R80 Zone District. The premises has 150.29 feet on L.I. Sound to the north west, 919.05 feet westerly side, 976.71 feet on the northeasterly side and 127.63 feet on southerly side on CR 48. The home is accessed via a shared driveway by the applicant and the owners to the west and the easterly side of the subject property,each of which have separate rights of way hranching off of the shared driveway access,all shown on a survey produced by Nathan T. Corwin,III,LS,dated September 5,2015 last revised July 16,2014. BASIS OF APPLICATION: Request for Variance from Article XXII Section 280-1050 the Building Inspector's January 5, 2015 Notice of Disapproval based on an application for building permit to construct a deer fence, at; 1) deer fence proposed in location other than side and rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an 8 foot high deer fence in the front yard where the code allows side and rear yard locations only with a permit obtained from the Building Department. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. At the hearing, the applicant was asked to reduce the amount of deer,fencing that,was proposed in- the front yard area and to increase the setback from CR48. The applicant was asked to set the fencing closer to his Page 2 of 3—April 16,2015 ZBA#6851—Zaliler SCLrM#1000-40-1-20,2 dwelling thereby removing several hundred feet of proposed fencing in the area where both neighbors to the east and west enter and exit their respective parcels off of the shared ROW on the applicants' property. On April 7, 2015 the applicant submitted a letter and copy of a survey with a new plan reducing the perimeter of the proposed deer fencing. The proposed new plan submitted, is increasing the setback of the fencing to approximately 400 feet +/- inland from C.R. 48, however still in the front yard, By increasing the distance of the deer fencing, there will be less visual impact from the County Road. ADDITIONAL INFORMATION: There are prior variance applications on this property under a prior owner and none were acted on. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2,2015 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 $267-b(3)(b)(1). Grant of the variance as amended will not produce an undesirable change in the ---------- Will-be - ---- character of the neighborhood or a detriment to nearby properties. The proposed deer fence located approximately 400 feet from a public road(CR 48). Safe access to the two adjoining parcels will NOT be affected by the fence location as amended The applicant proposes to install evergreens and additional landscaping along the fencing to further screen the fence from public view off CR 48. The deer fencing as proposed in the amended application is setback sufficiently to reduce any visual impact from the adjacent neighbor's front yard. 2. Town Law §267-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 cannot erect deer fencing anywhere on his property that is in a front yard location, regardless of the proposed front yard setback,without variance relief. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code However, the substantiality is mitigated in the amended application by reducing.the amount (depth) of deer fencing in the front yard, increasing the setback from a public road, and installing landscaping that will visually screen the deer fencing in the front yard from CR48 and the adjoining properties 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed deer fencing, as amended, will have virtually no visual impact on the adjoining properties or CR 48, a public road. Safe ingress or egress to dwellings owned by the applicant and the adjoining property owners will not be adversely affected by the location of deer fencing in a front yard, as amended.Access to the 3 electric meters on the applicant's property that service his own and the two adjoining parcels will remain on the outside of the fencing, as shown in the amended survey/application, leaving it available for meter reading. 5.. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the 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 relief as amended is the minimum action necessary and adequate to enable the applicants' to enjoy the benefit of deer fencing in part of the front yard area 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 Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to Page 3 of 3—April 16,2015 ZBA46851—Zahler SG(M#1000-40-1-20.2 DENY, the variance as applied for, and shown on the Survey with the fence hand drawn prepared by Nathan T. Corwin III,LS, dated September 5,2015 last revised July 16,2014,and GRANT the variance relief-as-Amended as shown-on the survey date-stamped-received on April 7, 2015 by the- Zoning Board of Appeals showing the proposed deer fence at 400 +/- feet from CR 48 and the applicant's letter dated April 7,2015. Subject to the following condition: CONDITION: 1. The applicant must submit a final survey to the Board of Appeals showing all improvements on the parcel, including all deer fencing, as granted herein and described above That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Homing,Dante,Goehringer.Absent was Member Schneider. This Resolution was duly pted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing� /-?j /2015 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORINT: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval oil property within:an agricultural district OR within: 500 feet of a farm operation located in all agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: 3. Name of Land Owner(if other than Appli //afjl� 4. Address of Land Owner: 1`' /l 5. Description of Proposed Project: ) 6. Location of Pr p (road and Tax map number) 7. Is the parcel within 500 feet of a farm oper ti n? { } Yes o - ---- - ----------- ----------------------- ---------- ---8---"Is this paicel actively farmed?"-{ )Yes No-- — 9. Name and addresses of any owners)of?aSwithin 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 of A ant 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 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part l -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 1 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 necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): --Brie Description of Proposed A ion: tl Name of A ' ant sor: Telephone: tel® 44 E-Mail: Addre City/PO: Stat Zip Cod XBnr 1.Does the proposeAction 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 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 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: ?E 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres 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 residential(suburban) ❑ Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑ Parkland Page ] of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built 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? l 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: 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: 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: �i 14. IdeS '"fy 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? -Q NO❑YES b.Will storm water discharges be directed to estab)is ed conveyan systems(runoff and storm drains)? If Yes,briefly describe:/ ❑NOY YES ; Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 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 X Applicant/sponsor name: 7Date: 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?" No,or Moderate small to large impact impact may may occur occur 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. Wil]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 may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. W ill 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 I Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the.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,long-term and ,cumulative impacts. ❑ 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 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can aiert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : oe7 'i47 (Last name,fuit Aame,limIddli 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 da Y of 20 Signature Print Name E �' Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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-C3�-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. 1f 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 E Planning Dept. Building Dept. E Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: 0<210e i Location of action: Site acreage: Present land use: Present zoning classification:_ 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: - - - - — _r4e (b) Mailing address: ® r\ (c) Telephone number:Area Code �� Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? 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 LV-/RP Section III—Policies;Page 2 for evaluation criteria. ❑Yes ❑ No P of Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No?'� of Applicable—please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ----—------ ------------------------------------------------ - Yes E No � (Not Applicable—please explain) Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ro Yes E 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. M Yes [d No (Not Applicable-please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑Yes 1:1 No ' (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. ❑ YeLl No of Applicable—please explain) Attach additional sheets if necessary WORKING COAST POLICIES I I I 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 V14ot Applicable—please explain) Attach additional sheets if necessary Policy_11...- Promote sustainable--use_-of--living-.marine_r-esources-in-Long--Island._Sound, the-Peconic.- Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. EYes ❑ No U Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—]Policies; Pages 62 through 65 for evaluation criteria. 0 Yes ❑ No of 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 Zj�ot —please explain ! Z, 0, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER( /+n/ STREET VILLAGE I DIST. SUB. LOT �� ' p!�i�;/Iv ':V W r� �i• F; I'' fi"„y .l."r ,-!• ����~���L ' C-.�t_� 6.�1 4.'J,i � � I 'wM �� l„If/ ...J~� t._J V l Ti.. ACR. REM RKS J 12,E / ~ � r� A z ��t'���� ~� TYPE OF BLD. ► LLC- 7�`z l� L 7 Z�/o Pv- ���/ � Cc �Jr'',fctr� �r' PRO LASS I � LAND IMP TOTAL r DATE ► �— i`11r�� l`f� ��I 9c` ,z :i 1 �r>c�r mit N om ► tfn r •/rt„t.� �:Q G:(Tna ✓ dWI) (^ 1 ,-010166 Q P � I .g.. )aC 3---L 12,-7 4a zz_ - - vi 20k(e,-Y- ED _ tC f* 2015 ZONING bUAKD Ur APPM5 FRONTAGE ON WATER , TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH I MEADOWLAND . BULKHEAD j HOUSE/LOT TOTAL i I COLOR f n f Ecave) 1 t ' FEB 2 5 2015 i SPEAL ZONING BOARD OF APTRIM S Par CU LTi a..,. 1 d QO �•. � i M. Bldg. FoundationCe Dinette FW i Extension Cit. Extension . C r �'2� 12 0©'o R. Extension `, 6 _ `b �o R. Patio PorchB. (pt _�j Deck _ Breezeway _ � wY lei �Si C t 22 Z z Cr- Garage B. Pool COLOR a, 3tLl3S -� , I35 vvc r l ui; " T Y TRIM �P o �3S e-aC r i 1 �e R'ECENBp FEB 2 2015 i z y a(,i I�; t • (Y i ') t'l :350: l J D Of Ap FA ZONING BOAR 1st 2ndl �. M. 81d < <_� ' ,�� �r�r t Foundation PO Fin.. B. Bath Dinette !fir • gL„� `'i 3 5 \ — UL Mso ”"°�Q , Kit f \ t t �,i Basement sv+s PAA Floors � ,� Extension S Grp,i.�,l �� 3-- (�lz3 Interior Finish L.R. �. 0o Ext. Walls ry Extension -5, j Vii. I `3r3, Vim/ oa Heat D.R. Extension (,2�c�. 2— 3 Fire Place e Woodstove BR. Patio 2- wo-. ,/ Dormer Baths r. Porch _ 1 Z Dock Farn. Rm, Deck �0� � A.C. ' Garage O.B. ` Pool y l i i I . COLOR i C .a its, r44a a 2,c6 a a r I L G. \ TRIM t �Ee 5 201 It 7-00'%''BOAAp OF pPP� 6 I M Bldg. Foundation Bath i Y2, Dinette FULL Extension Basementi Floors i Kit. L � SLAB I • Extension Ext. Walls ` Interior Finish L R. I Extension Fire Place t) Heat D.R. J Patio Woodstove BR. l 3 Porch Dormer Fin B Deck Attic n Breezeway Rooms 1st Floor Garage Driveway Rooms 2nd Floor 1 0.B. Pool ! I I SURVEY OF LOT 2 NY OF PROPERTY ANTHONY Fc SALLY PIRRCRA dlf4T,��D r.c u..ene rYto,..u....., ses t SITUATE OOGCEZV�� CREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY. NEW YORK j eR q 1015 S.0 TAX Ne. loon-AO-01-202 A SCAt[t'eaU SCVTCueCv S "13 '3c) O rEeTI n.D]0 p/ FAME r -[Inras.a cutw,cm m rave nn w,uu ( O� ! / ourwc co.,eue Iwts Aec slron.,xus --------------- Ir DIV -----w--"-'-IYnemu�isu. '/ %' 4 �prorOYD IS.CIm.0 roq ' I '(J naasm ssnc nw ,, !.,xt[OClnCv N,v6Lt!MO C[S900L5 SxOv'Y 11(eCON NI JPOY JRID 1 \, NN aa� o 4. Tr!-ST noix D4T.1 _ \ Ly U ems. + _, .' 'L 6•'`,��n'�i 011 DePdoc�men� 4 a^ final reY �I rvaw ��m�ir1`\ TTvrAL S10Cur.1[il Uwn ,^+,^� u + _ �w,ev+..4 I - — JCC�DpW.0 TAIL »/. Nathan Taft Corwin III L _e A' T _ Land Surveyor —I N/0/F EDGEWATER III, LLC DWELLING USES PUBLIC WATER AID J 3w 00 00 2 �o =f~/1 N3 �� UJ S 24 56'30" E �o A- a �� 00 �3a m3 LOT 2 DRIVEWAY EASEMENT 243.6E DRYWELLy�"� w m �a m SPLIT RAIL 1 I Z a o N I FENCE WALNE` , WINDOW WELL CONC. .6�• ` AY` _ ow ;0 35 8' „�� PATI 6' N 38.4 f`/! `� ',`� t`- �N f 2� 3N _ �--�- 115.23, N 0 n t4 3229LE J�d a w 14 8' ncv 38.3"QTONE STOOPLOT 0" 4.4 & STEPS1rxDRYWELL-� o w w �_� w0' (n= nWW w �- WEDRNENIAYW (., NO n ain BELGIAN STEPS ..� = ooa BLOCH CURB WATER LIN _ F STONE DRIVEWAY M' ` WOOD 7 7' STEPS/ o w z / N z3O m w / ww 186 • z`' {/PROP LOT 1 DRIVEWAY EASEMENT o o 00 J o ---�•----- L a m� o �e Q • mm S_24'S6'30" E o a a / I� - EST HOLE•y•� - - STONE DRNF 0w ¢QZ J 1 UJ Yi - _ , o aS z0 w z / 33 �a Oj N 2456'30" W / ❑ < 24( O\ 0 o a / O' wY UQ �no o w 2J 0 oo z oF3 a'3 i t)N N z ' HOUSE 0 LOT O h O DWELLING ) = USES PUBLIC WATER - �J �o �`� �J h Pictures for ZBA application 10-19-16 from Kenneth Zahler In order: 1. Easterly fence from inside pool area 2. Westerly fence from outside pool area 3. View to the south inside pool area 4. Northwesterly gate outside pool area 5. Northeasterly gate inside pool area. •o..•-' rd•C:! App .. ,- y, ... :[ ,- � •tom+ EAN 41 .. 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