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i Kcno .31 72 71 "As built"additions to an existing single family dwelling,to an J existing, non-conforming accessory cottage,and to an existing non-conforming tool shed;the proposed construction notes a single side yard seback of±3 feet, accessory buildings and structures or other accessory uses shall be located in the required rear yard,the"as built"set back is±2 feet. d Arr I z �a (biitSec _d l q-igsec7,20 -i P-I 15101 1 APPI'- w�cam: s fa3� 1 Clo S'0-S S j� CHECK BOXES AS COMPLETED ( ) Tape this form to ( ) Pull ZBA copy of 0 Q a ( ) Check file boxes f cD c� Q cn .. ( ) Assign next numb o outside of file foli ( ) Date stamp entir m � m E N m N file number 3 x o v o m -n o � cn CD D o Z; ( ) Hole punch entire m CD � `n 0 Q (before sending tc m. rn Z � c ( ) Create new index I & -< E N o ( ) Print contact info -0 T "' 3 coo (n ( ) Prepare transmitt 24. cn N Q ( ) Send original appl W to Town Clerk `� ( )_Note inside file fol o and tape to inside o ( ) Copy County Tax.p 3 cD neighbors and AG ( ) Make 7 copies a,nc ( ) Do mailing label N " ' I BOARD MEMBERS ®f s®U Southold Town Hall Leslie Kanes Weisman,Chairperson ®�!°� ��®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora r Office Location: Eric Dantes _ A Town Annex/First Floor. Robert Lehnert,Jr. ® r s , �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®I�COU Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD I,lks�6 16:30 AM Tel.(631) 765-1809•Fax(631)765-9064 ,MAY 3 �013 Southiold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 23, 2019 ZBA FILE: 7271 NAME OF APPLICANT: Thomas Kennedy PROPERTY LOCATION: 12005 Route 25 (Main Road), East Marion,NY SCTM#1000-31-5-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25 and the Suffolk County Department of Planning issued its reply dated December 20, 2018 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The 17,039 square feet parcel located in the R-40 Zoning District and measures 253.09 feet along the easterly side, 84.32 along the southerly side which runs adjacent to State Road 25 (Main Road), measures 230.39 feet along the easterly side and 65.20 feet along the northerly side that runs adjacent to vacant property owned by Suffolk County. The site is improved with a single-family wood frame residence and, an attached pre-existing non-conforming accessory wood frame cottage connected by a wood deck, and an existing non-conforming tool shed with an attached outdoor shower, all as shown on the survey map prepared by Nathan Taft Corwin III, LS dated January 19, 2016. BASIS OF APPLICATION: Request for Variances under Article III, Sections 280-19; Article XXIII, Sections 280-123A and 280-124; and the Building Inspector's October 30, Notice of Disapproval based on an application for permits to legalize "as built" additions to an existing single-family dwelling, to an existing non-conforming accessory cottage , and to an existing non-conforming tool shed at; 1) as-built addition to a single-family dwelling is less than the code required minimum side yard setback of 10 feet; 2) as-built accessory structure(deck) is located in other than the code required rear yard; 3) as-built addition to the accessory cottage is not permitted, pursuant to Article XXIII, Section 280-123A which states "A non-conforming building containing a non-conforming use shall not be enlarged or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use"; 4) as-built addition to tool shed located in less than code required minimum rear yard setback of 5 feet; 5) as-built changing room and shower attached to the existing tool shed is not permitted at 12005 Route 25 (Main Road)East Marion,NY. SCTM#1000-31-5-2. Page 2, May 23,2019 #7271, Kennedy SCTM No 1000-31-5-2 RELIEF REQUESTED: The applicant requests variances for "as built" additions to an existing single-family dwelling, to an existing, non-conforming accessory cottage, and to an existing non-conforming tool shed. The as- built construction is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum single side yard is 10 feet. The proposed construction has a single side yard setback of 2.9 feet. In addition, the construction is not permitted pursuant to Article IV Section 280-19, which states; "Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural Conservation District" which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, /r-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." In addition, the "as-built" rear addition to the non-conforming accessory cottage is not permitted pursuant to Article XXIII, Section 280-123A, which states; "A non-conforming building containing a non-conforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." Furthermore, the "as-built" additions and alterations to an existing tool shed are not permitted pursuant to Article IV Section 280-15, which requires a minimum setback of 5 feet. The"as-built" setback is 1.3 feet. Furthermore, the use, changing room and shower is not permitted pursuant to 280-13 C. ADDITIONAL INFORMATION: The property was formerly owned by the applicant's father, including the legally existing cottage which was issued a C.O. on July 21, 1981 #Z1059. The applicant's Father now resides in the cottage when visiting the applicant. Mr. Kennedy has worked to restore the property and buildings on the subject parcel and has installed a large garden with extensive landscape plantings in the rear yard. The extension of the existing rear yard deck from the main house rear door to the cottage is what triggered the required variance relief. A letter from the next-door neighbor was received approving of the work done to the property and supporting the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 9, 2019 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 X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The homes on the Main Road are for the most part older and historic and many have non-conforming setbacks. Moreover, the deck that attached the main house to the cottage is actually in the rear yard of the main dwelling and cannot be seen from the road, even though the attachment technically does not represent a rear yard location. The addition of the outdoor shower and outdoor changing area to the existing shed along the rear property line pose no problem because it is adjacent to vacant property owned by Suffolk County. 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 area variances. The property is narrow and the home and cottage both pre- date zoning. The expanded deck that connects the two legal dwellings was done for safety reasons and is only a 100 square foot expansion. The existing shower and changing area would have to be removed from the shed if variance relief was not approved. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, and includes a single side yard setback of 3 feet where code requires a minimum of 10 feet which is a 70 % relief from the code; and a setback from the rear property line for the shower attached to the shed of 2 feet where code requires a minimum of Page 3,May 23,2019 #7271, Kennedy SCTM No. 1000-31-5-2 5 feet which is a 60 % relief from the code. Moreover, the attached deck represents an expansion of the pre- existing non-conforming legal cottage which is not permitted. However, the deck that triggered the need for variance relief is small, cannot be seen from the road and does not actually alter the size of the cottage or its location. The shed is a small accessory structure and the attached shower and changing area drain properly into sandy soil and are located adjacent to undeveloped County land that can never be built upon. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant built the deck that attached the dwelling and cottage, and installed the shower and changing room on the shed without benefit of a building permit 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. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an expanded deck joining the two homes and the addition of an outdoor shower and outdoor changing 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 267-13, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried,to GRANT the variances as applied for, and shown on the survey map and prepared by Nathan Corwin Taft, LS and dated January 19, 2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The wood deck attached to the single-family dwelling and the cottage shall remain open to the sky 2. The wood deck attached to the frame shed shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) 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 fixture 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. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. I \ I Page 4,May 23,2019 #7271,Kennedy SCTM No. 1000-31-5-2 j i I I 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), Dantes; Planamento, Acampora and' Lehnert. (5-0) c AeslieKanes Weisman, Chairperson Approved for filing /� /� N/0/F COUNTY OF SUFFOLK N 89056' 10" E 65.20 SURVEY OF PROPERTY GATE FETE SITUATE FOUND POST & WIRE FENCE_ 0.7'N. 0.3'E. PIPE 02SE2.2'E. °sr+owE m EAST MARION 5. TOWN OF SOUTHOLD . 3 • -4= - - 0._ Ln COUNTY, NEW YORK � v � a m 011 m ,D.3' S.C. TAX No. 1000-31 -05-02 Ln L;Lr SCALE 1 "=20' J0 3v o JANUARY 19, 2016 O RECEIVED o 9 _- 0 z f-lFC 0 5 a = AREA = 17,039 sq. ft. � 0 c�, #11 %y6 rOARD OF APPEALS a 0.391 ac. 0 FINAL- MAP T REVIEWED BY ZB z SEE DECISION # _ m E. DATED- l / I om - S�� t-1 00 y� zln�O Z 0 CONC• t 1 b\ b 1 Q= STONE PATIO x r ° COVE j27 0 C=R m w LI C' ' 1 _ 2.7' 3.1 -- -- ---- - -- - ---- - r*I w co P, Z I,—COVER , 0 W4LKE 1% I WOOD o 'LOG' STEPS 2.9'E. l 0 18.4' WOOD ECK 2 00D 25.9 ARBOR 23W 0 O C4 n NI NLLJ O N ❑ !� WOOD 4.0' m m STEP Q n fL� U ° �1 n o ° 'a a a w W of n 02 60 a C ZZ n00 00 WY > ,�1 O 0 N N ry �3 'n O re1` �1 04 O `O GUY ° o e° ° WIRE 38, 26.5' z 18 6. 9' 0 STONE 4N WATER STEP ° ° Ln E ME�R� n n° W LIZ,, py A� a ° O pOLE n ° CO UNAUTHORIZED ALTERATION OR ADDITION ° A, TO THIS SURVEY IS A VIOLATION OF ,V 6 SECTION 7209 OF THE NEW YORK STATE n ° ° U `� f 0H •,CONC. �7,1V pip EDUCATION LAW. a° a ° `O '0�f I A/EAD Wj SID • 0 2, COPIES OF THIS SURVEY MAP NOT BEARING e ° e ° ,Y A/ THE LAND SURVEYOR'S INKED SEAL OR ° ° ° ` ,Y 7 EMBOSSED SEAL SHALL NOT BE CONSIDERED ° ° ° •pONC, 1 0', w TO BE A VALID TRUE COPY. e ° _ APRON. CERTIFICATIONS INDICATED HEREON SHALL RUN AfAIAT a ° a a ° 84. 1 OS,00. ONLY TO THE PERSON FOR WHOM THE SURVEY °° n ° ° 32 un IS PREPARED, AND ON HIS BEHALF TO THE e UTy\ LENDING TITLE nINSTITUTIION LISTED HE EONGOVERNMENTAL AGENCY ANDD ,n a ° n EDGE OF p0� FOUND TO THE ASSIGNEES OF THE LENDING INSTI— ' ""`"� 0���000���®�� ° a ° a PA M �fMffvT p�pE ION. CERTIFICATIONS ARE NOT TRANSFERABLE. n THE EXISTENCE OF RIGHT OF WAYS C� ° ° ° ° ° AND/OR EASEMENTS OF RECORD, IF /J ° ° ANY, NOT SHOWN ARE NOT GUARANTEED. °PREPARED ° Nathan Taft Corwin III BBY Y THERDSIFOR COR S�A� THE L.IAL S. � Land Surveyor FOR SUCH USE A TITLE ASSOCIA N Successor To: Stanley J. Isaksen, Jr. L.S. �' 4 Joseph A. Ingegno L.S. Title Surveys — Subdivisions,— Site Plans — Construction Layout PHONE (631)727-2090 Fax (631)727-1727 OFFICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 N.Y.S. Lic. No. 50467 35-24P GENERAL NOTES : 1 . ALL WORK MATERIAL AND EQUIPMENT SHALL BE IN ACCORDANCE WITH THE NEW YORK STATE I ��t N m UNIFORM BUILDING CODE, AND THE NEW YORK _ STATE ENERGY CONSERVATION CODE, AND 51TE PLAN BA5ED ON o 0 LOCAL AUTHORITIES. ��'or�� JULY 29, 1 981 SURVEY _�ju z m 2. ALL CONCRETE SHALL BE STONE AGGREGATE ��, BY: RODERICK VAN TUYL, P.C. WITH A MINIMUM 28 DAY STRENGTH OF 3000 P51 . Q 0 0 3 . MCQ FRAMING MATERIALS TO BE USED FOR STRUCTURAL COMPONENTS. DECKING AND °H FINISH VENEERS TO BE MAHOGANY. °" z 4. ALL DIMENSIONS AND GRADE CONDITIONS TO BE VERI FI ED BY CONTRACTOR(5) PRIOR TO z START OF CONSTRUCTION AND ORDERING OF MATERIALS. LuQ 5 . DO NOT SCALE DRAWINGS o U G. DESIGN CONSULTANTS OR RECORD Q, W ARCHITECT-ENGINEER ARE NOT RESPONSIBLE0 F) z W FOR THE INSPECTION, SUPERVISION, OR o ���, 0, 0 ADMINISTRATION OF THI5 CONSTRUCTION c,S� �� , � (_- PROJECT. FEDERAL, STATE AND LOCAL ZONING Q Q AND BUILDING CODE COMPLIANCE SHALL BE THE > RESPONSIBILITY OF THE CONTRACTOR(5). °o C) Q Or W 7. DESIGNER, ARCHITECT, OR ENGINEER MUST z z_ BE NOTIFIED IN WRITING BEFORE ANY CHANGES ��� W W Q ARE MADE TO PLANS. 8. ELECTRICAL AND MECHANICAL COMPONENTS TO BE DESIGNED AND SPECIFIED BY OTHERS. - 9. CONTRACTOR SHALL OBTAIN ALL PERMITS AND INSURANCE NECESSARY TO PROTECT THE N V ENGINEER AND OWNER. � dgmmb0- \ L 0 ONa 5�° DESIGN CRITERIA: �� �'°°9�PGS 'a� Lo �0.� � � � GROUND SNOW LOAD 20 P5F. LV r LIVING AREAS AND DECKS 40 P517. - r Z SLEEPING AREA 30 P5F. he -° WIND SPEED 120 MPH �K -� 21 SEISMIC DE51GN CATEGORY BNEW �E EWj 3 GATE 0 (j)) . WEATHERING SEVERE 6 H�Gh FEND L FROST LINE DEPTH 3G" EX15T�N� co TERMITE MOD. - HVY. ONE STORY U DECAY SLIGHT WOOD ICE 5HEILD REQ. YES FjE Hou0U5E NAILING 5CH EDU LE 51TE PLAN Y ghELL DR�VEWA " Cjl TABLE 3 . 1 OF THE WOOD FRAME CONSTRUCTION MANUAL 15 A N.Y.S. APPROVED NAILING SCHEDULE. BUILDER IS o i ii N 7 2 0 1 o W 84 - 32 -RESPONSIBLE FOR U51 NG THI5 OR ANOTHER APPROVED NAILING SCHEDULE. MAIN (STATE RT . 25 ) R pckY'� ----------------- r O O N m N m � w � U Q U) c� C) z EXISTING 1-STORY z WOOD E ISA M E COTTAGE /-4'-3" STA2 5 181-2 2 O 8'-G" 8'-0Q 2) 2" x 1 2" GRADE BEAM U 2' x 2' x I ' FOOTING W -5' ATCH TO CELLAR ENTRANCE CD W/ 10" SONOTUBE C) z W POST ANCHOR N LU I� -- — — — -- — - — -- — — — - - (2)2"x 12" GRADE BEAM a CV Q Q W/ GALV. JOIST HANGERS SECURED TOA _ - I, - Q R/ 2"x 12" LEDGER BOLTED - _ _ _________ I� W I -------- -- = 0 — N z Z 5" — „ _ TO HOUSE W/ 8 GALV. BOLTS _ _ --- - N 16" O.C. STAGGERED _ = WN STEP — �__— I, I -- -- - - I x - (n W W DO N __ � - - __ -- - lII 1 -- - - - - -'�- ��-- - - - - - - - - - - - � - - 2"x 12" LEDGER 1 BOLTED TO HOUSE m W/ 8" GALV. BOLTS ., NEW DECKI G" O.C. STAGGERED I I 2"x 12" LEDGER (2)2"x 12" _ AL, \\ BOLTED TO HOUSE GRADE BEAM � , 5i W/ s GALV. BOLTS . 2"x 2" D.J. _� � I G" O.C. STAGGERED N -- @ 12" O.C. 0) 2' x 2' x .I ' FOOTINGZ W/ 10 SONOTUBE NEW G' HIGH FENCE Z POST ANCHOR A W/ 3' ENTRY GATE .2 11-21 0 � EX15-I NG I STORY WOOD ERAME HOUSE Ln J C ' O O N to o N =�d Q m J w ,UT14 ^ Q III V 1 n C) LoDRE551NG AREA L-TI+-J L- III III EXT'G SHED 2X , 2 D.J. j RINSING III z 12"O.C. SHOWER ISI s, N\ z m 2"x1 2" LED ER - - - - - - - - - - - - - 0 BOLTED TO HOUSE W/ 8" GALV. BOLTS Q I I G" O.C. STAGGERED _� �_i ' W z � EXTIG W F) ASSUMEDSHED Fn 1LJ III �-► ' `LJ / - z � o < }- 00 0" SONOTUBC) Q R/E � � ILLJ � I I W 2' x 2' x I ' N O CONC. PAD. I 7i) J SECTION C x 2' x 1 ' FOOTING 10" 50NOTUBE SCALE I'I = 1 -0" P05T ANCHOR 2" x 12" GRADE BEAM NIG n Q K01 POND N (20" DEEP) / �, , � = O r uj CD KOI POND r � Z (20" DEEP) O o NEW WOOD BRIDGE OVER KOI POND 2" x 12" FRAM I N G /v 41-40\ W/ MAHOGANY DECKING AND VENEER 4" X 6" MAHOGANY DECKING 2"x 12" LEDGER Wl BOLTED TO HOUSE EXT'G H O U J E W/ 8" GALV. BOLTS 2) 2" x 12" GRADE BEAM - w G" O.C. STAGGERED v Q � o 0 z _ GRAD E " I --- _ : - ) 0" SONOTUBE EXT'G BASEMENTLU _ • z �- o z Q 2' x 2' x 1 ' 0 w CONC. PAD. — 0 0 Q R/ zVz zUQ SECTION B a. EXT'G COTTAGE (2)2"x 12" ■(D GRADE BEAM `" ■� N — m Ln = O W r Z 17-1 }� • Ln o ♦J -101' SONOTUBE 0" SONOTUBE V r a a •a 2' x 2' x I ' 2' x 2' x I ' a. CONC. PAD. 4 .a CONC. PAD. ` SECTION A `�`� Ln ` '! V COUNTY OF SUFFOLk RECEIVE® DEC 2 4 2098 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 0 (631)853-5191 r I FORM NO. 3 3� � RFCEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT DEC ZO1� SOUTHOLD,N.Y. '2()NgNG BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: March 1, 2016 AMENDED: March 9, 2016 RENEWED:June 7, 2016 RENEWED: April 13, 2018 RENEWED: October 30, 2018 TO: Eileen Wingate(Kennedy) 12005 Route 25 East Marion,NY 11939 Please take notice that your application dated February 22,2016 For permit for"as built"additions to an existing single family dwelling,to an existing,non-conforming accessory cottage,and to an existing non-conforming tool shed at Location ofroPe�y� 12005 Route 25,East Marion,NY P County Tax Map No. 1000—Section 31 Block 5 Lot 2 Is returned herewith and disapproved on the following grounds: The"as built"construction is not permitted pursuant to Article XXIII, Section 280-124,which states that,on lots measuring less than 20,000 square feet in total size,the minunum single side yard is 10 feet. The proposed construction notes a single side yard setback of+/-3 feet. In addition the construction is not permitted pursuant to Article IV Section 280-19,which states; "Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural Conservation District,"which states; i "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." In addition,the"as built"rear addition to the non-conforming accessory cottage is not permitted pursuant to Article XYJH, Section 280-123A.,which states, i "A nonconforming building containing a nonconforming use shall not be enlarged,or structurally altered or moved,except as set forth below,unless the use of such building!is changed to a conforming use." Furthermore,the"as built"additions and alterations to an existing tool shed are not permitted pursuant to Article IV Section 280-15 B.which requires a minimum setback of 5 feet.The"as 6udt"setback is+/-2 feet.Furthermore the use,changing room and shower,is not permitted pursuant to 280-13 C.j I This Notice o Disa roval was amended on March 9 2016 to correct errors �€bomissio -- - --- ---- ----- -------------- oorized Signature Cc:File, ZBA � , i i ',e5 ' I Fee:S Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALPEC AREA VARIANCE I ZON NG so RD OF APPEAL_q ' 0°� ►� � House No. Street t� �� Hamlet IN I SCTM 1000 Section Block t(s) Lot Size i Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owners : Mailing Address: 5 Ea.MSS ( H 1 & t'a emmM)y@ QpT09L ME•�l Telephone:,• 0 Email: ,�F I i 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 repr ents: Name of Representative: for( )Owne�ther: �6 vl Address: - Telephone. ' az: Email- tWi, 1p Q eimQn Please check to specify who you wi correspondence to be mailed to,from the above n mes. ( )Applicant/Owner(s),you, Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use (}cXPermit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,I ubsection of Zoning Ordinance by numbers.Do not quote the code.) �^ >> Article: Section: "� Subsection: JaL4 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 2$0-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or t r A prior appeal( )has, has not been made at any time with respect to thisnronertv,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our qfflce for assistance) Name of Owner: ZBA File# I i JA1 i RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be;used with preparer's DEC,0 5 2010 signature notarized). 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimen to neOARD OF APPEALS 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: 45F� u J 4.The rwillave an adverse effect or impact on the physical or environmental conditions in the neighbocause: 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 -f App ' Authorized Agent Q (Agent must submit wn Authonzation from Owner) S om to bef re me thi&— � day of /(�� 2l0 Notary Public C®NhllE O. SIDNCI',i Notary Public,State of New York No.01 S11E9 85056 Qualified in Suffolk County I Commission Expires April 1 4, 0 j } RE JU Zoning Board Application DEC, 01 5 2018 ZONING BOARD OF APPEALS Thomas Kennedy 12005 Route 25 East Marion, NY REASONS FOR APPEAL 1). The new extension of the deck has connected the existing house with the existing cottage. At 1'10" above grade the new section has has no impact on the neighborhood or the immediate neighbors. Located in the side and rear yard, the deck extension cannot be seen from the street or the neighboring yards. The shower deck is located in the very rear of the property, it is adjacent to Southold Public Land and was built along rear property line behind lan existing shed for privacy, as there are no neighboring structures in the vicinity. 2). The deck extension has taken its shape from a functional need to connect the exterior door of the house to the cottage to provide a safe and continuous path of travel for my Father, Mr. William Kennedy. Dad is 86 years old and a frequent visitor to my home, he uses the cottage durning his visits. i i 3). The request for relief is not substantial, the construction of the deck has not increased the footprint of the house or the cottage-but the additional deck has provided a path of travel. The existing deck was rebuilt and extended to avoid an unnecessary hardship for the use of the cottage for my Father, the deck was extended as a matter of convenience. The deck behind the house is under 100 sq. Ft. And the shower deck is approx. 30 sq. ft. (3'x10' )which is the width of the existing shed it is attached to. Alternate solutions have been considered but involved the installation of non pervious material, these alternatives were dismissed as the proximity to the 2 existing foundations and the property line are in very close proximity. The deck allows all rainfall to percolate as opposed to collect and require containment. I 4). At approx. 100 sq. Ft. The additional deck has no impact on the neighborhood or the environment, it has provided a safe and reasonable deck expansion connecting 2 existing dwelling units used EXCLUSIVELY for the family. 5). Yes, during the renovation the primary residence the necessity to reconstruct the existing deck became evident. Based on the needs of my family I am applying to this board for relief from code section 280-123A which prohibits the enlargement of the nonconforming cottage. We believe we are asking for the minimal relief to provide suitable solutions to a difficult situation. RECEIVED EC 0 5 2018 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS � APPLICANT: DATE PREPARED: p L I I 1.For Demolition of Existing Building Areas Please describe areas being removed: I I - IL New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: . - - 62n 114nilrEa UAW Dimensions of floor above second level: Height(from finished ground to top of ridge): ARAW Is basement or lowest floor area,being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 4 1 - Number of Floors and Changes WITH Alterations: I W.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: .1111 U/0 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(i): I -i Please submit 8 sets of photos,labeled to show different angles of yard dareas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 f I / RECEIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION DEC 8 5 2098 I A. Is the s b* premises listed on the real estate market for sale? ZONING�oA�D ca- �+ r=6t_ Yes 2", No i BYNo Are there any proposals to change or alter land contours? Yes please explain on attached sheet. �i y f1 C. 1.)Are there areas that contain sand or wetland grasses? 1�V 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? u 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? E. Are there any patios, concretebarrie s,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 have any construction taking place at this time concerning your premises? 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?UO_If yes,please label the proximity of your lands on your survey. I I. Please list present use or operations conducted at this parcel11�5� and the proposed use f2 .f)Wl L, .(ex: existing sin le family,propo e : same with garage,pool or other) I I I I Authorized signature and Date I I AGDT''ULTURAL DATA STATEMENT ,QNG BOARD OF APPEALS �� } TOWN OF SOUTHOLD �a1� WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property wbbigVED an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must bel,referred to the Suffolk '79no �� Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. ZONING BOARD OF APPEALS 1. Name of Applicant: 2. Address of Applicant: 3. Name of Land Owner(if other than Ann icant): 4. Address of Land Owner: 5. Description of Proposed Project: 6. Location of Prope : (road and Tax map number) I T HARInd 7. Is the parcel within 500 feet of a farm oper tion? { } Yes KNO 8. Is this parcel actively farmed? { } Yes Od No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tlax Office located in Riverhead. i NAME and ADDRESS i 1. 2. 3. 4. 5. 6. (Please t bris page if there are additional property owners) Signa ure o A licant 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. 11 3. Copies of the completed Agricultural Data Statement shall be Isent 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. i i I I 1 617.20 i Appendix B IRECEIV Short Environmental Assessment Form DEC 0 5 M3 Instructions for Completing I' ZONING BOARD OF APPEALS 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 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: I!Worp UWE AQrV1 qy Project Location(describe,and attach a location map). Brief Description of Proposed Action: •� � bej� t� Name of Applic'an/t or Sponsor: Telephone: [/ W aE Mail:�• s . 7 Address: P `D .� COY] City/PO: I State: Zip Code: U ft �I a parm-W 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 x 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: l 3.a.Total acreage of the site of the proposed action? iI acres b.Total acreage to be physically disturbed? -ate AP�[• ����•FTc.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 Xkesidential(suburban) 11 Forest ❑Agriculture 1:1 Aquatic ❑Other(specify): Aarkland I Page 1 of 4 5. Is the proposed action, tE�EiU"�' r NO YES N/A a.A permitted use under the zoning regulations? x b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of thetexistifiglbufftfor`-natiiFV—' 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: x 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? x c.Are any pedestrian accommodations or bicycle routes available on or near'site of the proposed action? X 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: I I.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: ; 14. Identify 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 ❑UrbanSuburban 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 X4 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? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systemsrun and storm drains)? If Yes,briefly describe: kNO ❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the'�impoun'dment of NO YES water or other liquids(e.g. retention pond,waste lagoon,dam)? C ���� X If Yes,explain purpose and size: 7QNTNr BOARD OF APPL- i-5 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 am': Date: id 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 1 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 =��n._ - -- -- �iv,,ti c:"- ;;• - - -' Uri" �t. _,?s '�`,�;,yrx--,;-:; -��.-N',,} -�y'�'r-�,-, = .:,f �''3='' - ;,� :t.F.�., .a. .��1: �;..,, - •;..x�. Small to large impact impact q•i^. s., .�=•.. ,"r..,Y'.7", Ar A- J ma may ��= - - `�;= - , .°;.�. '�Y� •��,:;;�,�. •.�„ :,��,,�:K.... -- 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. 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 jp� —ti No,or Moderate RECEIVEDsmall to large impact impact 10, ,may may occur occur 10. Will the proposed action result in an increase in the potentialifsn,�;floodinor amage 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 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. i ❑ 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) I Page 4 of 4 RECEIVED iDEC 0 5 201a i AGENTMPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ?ONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the Hart f town officers and ems loyees The numse of this form is to provide information which can alert the town of possible conflicts of interest and i llow it to take whatever action is necessary to avoid same. I YOUR NAME: (bast name,fust name,mlddle Initial, ess you are applying In the name of someone else or other entity,such as a company.If so,indicate the other person's or co parry's name.) TYPE OF APPLICATION:(Check all that apply) Tag 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 whjph the town officer or employee has even a partial ownership of(or employment by)a corporation in which the4owfi officer or employee owns more ithan 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)land 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 t{e applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant I DESCRIPTION OF RELATIONSHIP i I Submitted day of 20 { Signature Print Name 1 I I i I r� RECEIVED AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM DEC 0 5 2010 j The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.,The.purpose.ofthls DO EALStiter V form-is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action u necessary to avoid same. YOURNAME: � 5_k •(Last name,first name,middle initial.amiss you are i1pplying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) I TYPE OF APPLICATION:(Check all that apply) I Tag 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 thewn icer or employee owns more than 5%of the shares. YES NO X i If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicantlagenttrepresentative)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 thei applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP j i Submitted this day of ,20- Signatur Print Name APdao Vi I I I j l Town of Southold 4 LWRP CONSISTENCY ASSESSMENT FORM �a�� ► 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 Waterfrt Consist�ericeviWohaw. 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 prepare lr 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. j i 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. j i. B. DESCRIPTION OF SITE AND PROPOSED ACTION 1 SCTM# The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. D Building Dept. Board of Trustees I 1. Category of Town of Southold agency action(check appropriate�response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation,land�ansaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 1 — cI!55TJ W�l KV-l( E t,11Y -� �o � I�(� � �� is 9CH (JXQ .4�d wa) f ff akjo)R3 E. 6 tERR i • i IA Location of action:i�,n� �, A-Rt WTD, Site acreage: t�j q'C PER '"1111-4118 E ''•, rr � ire V6( - - - v Present land use: -7nh1-FD1f O��APPEALS I Present zoning classification: � I 2. If an application for the proposed action has been filed with they Town of Southold agency, the following information shall be provided: k- � (a) Name of applicant: :MW P(j (b) Mailing address: I •vac-r-�— I I (c) Telephone number: Area Code (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No t4 If yes,which state or federal agency? DEVELOPED COAST POLICY I 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 L Policies; Page 2 for evaluation criteria. I ❑Yes ❑ No t4Not Applicable j I i I I 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 Z J Yes ❑ No El Applicable � i i 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 RECEIVED i Yes 0 No © Not Applicable DEC 0 5 2018 �nnevnoi^ o/lnprl 01: �QPFA'r, I Attach additional sheets if necessary NATURAL COAST POLICIES I 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 I i I 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 i 0 Yes 0 No *9 Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No 0 Not Applicable T IRE ma-'� 5 f} �C i RECEIVED .�,� „ �- ate I ��® - C 4 U 1 og k.U fl i nvn `n�`� nnncni c Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes ❑ No❑ Not Applicable i 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 �I Not Applicable i 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. ❑ YeO NoNot Applicable 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 — r.ECEIVED 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. ❑ Yes ❑ No VNot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No Tot Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; ages 65 through 68 for evaluation criteria. ❑ Yes ❑ No Not Applicable i Created on 512510511:20 AM RECEIVED Board of Zoning Appeals Application DEC 01 ZONING BOARD OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 1' .residing at (20D5 �6 CHIA 1.a PD) Print property owner's name) (Mailing,Address) do hereby authorize C� (Agent)' to apply for variance(s)oin my behalf from the Southold Zoning Board of Appeals. (Owner' Signature) (Print Owner's Name) i I i i 1 -7A-11 FORM N0.4 � S��CCT�IFL TOWN OF SOUTHOLD j BUILDING DEPARTMEN I DEC 0 5 2018 Office of the Building Inspector Town Hall ZONING BOARD OF APPEALS Southold,N.Y. i Certificate Of Occupancy No. . Z 1. . . . . . . . . . . . . . Date . . . . duly. . . . . . . . . . . . . . . . . . . . 19 . . . THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property1200 Main, Road (Rt ,25,), East, Marion,, New,York, , House Mo. Streei Ham/et County Tax Map No. 1000 Section . . . .21 . . . . . .Block . . . . . .5 . . . . . . . .Lot . .2. . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .Filed Map No.. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to �heQXpplsec� �rmingeeixi� eirt `�" Ir :oear_to April, 23 . . . . . . . . , 19 5.7.pursuant to whictl�`#Fng14 !RAf Occupancy 210595. I dated . . .JuIY. .??. . . . . . . . . . . . . . . . . 19$1. ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The Occupancy for which this certificate is issued is . . . . . . . . . Private, ane-Family, Dweliin�, with, AccessorX Building ,*. . . . . . . . . . . . . . . . . . . I The certificate is issued to . . . . .$arhara. Ann.9.1.$rinn. .a�$. Ano,. . . . . . . . . . . . . . (owner,,lersael'-tM ,L . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . .N/R . . . . . . . .I. . . . . . . . . . . . . . . . . i UNDERWRITERS CERTIFICATE NO. . . . . A/.R. . . . . . . . . . . . . . . *Two small storage bccessory buildings and one accessory building with two rooms, bath, and garage. No kitchen facilities . Building Inspector I I Rev.1/81 I IN �9°56'10" °� 165°209 .� SURVEY Ok' PROPER"I'Y FOUND POST & WIRE xFENCE —GATE OE7N'NE 0.3'E. , b S1 d VA 1 .G PIPE FENCE ER �� o 0.2'S. 2.2'E. PO m EASE' MARION _ TOWN OF SOUTHOLD —qg9 ` - m ; U) SUFFOLK COUNTY, NEW YORK Co. zj j'j 03' � S.C. TAX No. 1000-31 -05-02 � �Ec��iE Lp SCALE 199=209 DEC 0 JANUARY 199 2016 ® Q TONING BOARD OF APPEALS �� Qo _ AREA = 17,039 sq. ft. Qo 0°391 cc. I ffA m m _ — OT 1 Om X 17E CONC. L� COVER STONE PATIO �t-A >~ ° 127 m ° 8, Ci Xt � m 4i 1X 2. 3.1 T ?m - •Po e r1� -I P w C O CA > - - - - 0 CONC. - -- -- - - - - '- - COVER STONE z 1 ° WALK r¢n I m WOOD BLDG. STEPS 0 - ® 18.4' ¢ W I I' EC 00D cc 25,9 ARBOR 23'W• 6- N DEC - �� ❑ - � o� Oj� 4.0' 3.6' 3 vi m STEP c ° VWl : 4' ` Z �O oa a� "a m O= w zz n I/j Z. oo°o w a z ® U= N iv- N :3 IL-3 V7 ¢ 4 ® `® a ° ° GUY ° WIRE o°4 h� ; z 26.5' 4. 186.38, 03C 8.9' a A a o STONE 4 WATER STEP 4 ° LP ML�R� n a° U4 WATE T /7 o- V ALS a n ° CO pOLE `• i ° , J 4 iORIZED ALTERATION OR ADDITION 4 A 1 "• a; ' N 7209 OFURVEY STHE VNEW�YORK STATE °ON OF 4 ° �V 76020-91: 0 R ,. 'CONC. 7OOUND plp A� ION LAW. 4 pa 4 i0 ss EAD wR/ ES SJD�gIA�+ 7N O'Z w rV OF THIS SURVEY MAP NOT BEARING 4 ° 4 ° ° 4 W �'�,� NO SURVEYOR'S INKED SEAL OR ° SED SEAL SHALL NOT BE CONSIDERED ° 4 4 �ONC; " • 0 1 Q" A VALID TRUE COPY ° ° APRON,z �/ CATIONS INDICATED HEREON SHALL RUN /IT a '.4 ~p 84.321 105,00' '0 THE PERSON FOR WHOM THE SURVEY (�/1lCl 4° a a Url PARED, AND ON HIS BEHALF TO THE ° pO E 'OMPANY, GOVERNMENTAL AGENCY AND 4, 4 EDG LE F G INSTITUTION LISTED HEREON, AND OA 7¶ a ° 4 gOF PA�EIyENj p pENp ASSIGNEES OF THE LENDING INSTI- '�'M -�/J.IL CERTIFICATIONS ARE NOT TRANSFERABLE. a XISTENCE OF RIGHT OF WAYS IR EASEMENTS OF RECORD, IF 4 4 dOT SHOWN ARE NOT GUARANTEED. �� � Taft ®� �� ��� PREPARED IC�OR TI LE SUR WITH THE MINIMUM SYANDARgq3'FOR TITLE SURVEY$AS ESTABLISHED BY THE�L1 1$ ANI�t �'..FF�g�Y�ED AND ADOPTED FOIj✓54CHiiS�BY•�Id��IEYJ�RK�STATE LAND Land urye�®r s ,,npY�� 3 : J. Successor To: Stanley J. Isaksen, Jr. L.S. Joseph A. Ingegno L.S. r t F 1j� .0 le Surveys - Subdivisions - Site Plans - Construction Layout dE (631)727-2090 Fax (631)727-1727 FICES LOCATED AT MAILING ADDRESS 1586 Main Road P.O. Box 16 Sort, New York 11947 Jamesport, New York 11947 `��ti � ��` N.Y.S. Llc. No. 50467 - - 35-29r � 1r: �:. , 1k ��k fes• . 1'4., • ._ _,� yi A016- Ar .. � �"'^���"��`" rrr F A�r AFS ,. �• x j i � t a • Tri i Is rf � , 1 � ~\ -� a r: � I A E r � y��,, ��'�' —,.fit` .+� f � � .•. � #- w a a ti � •d � 'f. ��K. •. � .,�''�1..'T��K ti � i�,7-. a,�.� a � b- Tc �1 4 O / r _. a _ C 'OWN OF SOUTHOLD F BUILDING DEPARTMENT TOWN CLERK'S OFFICE �a SOUTHOLD, NY RECEIVED BUILDING PERMIT DEC 015 2018 ZONING BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 38755 Date: 4/1/2014 Permission is hereby granted to: Kennedy III, William 539 Moriches Rd PO BOX 547 St James, NY 11780 To: construct alterations "as built"to an existing single family dwelling as applied for At premises located at: 12005 Route 25 SCTM #473889 Sec/Block/Lot# 31.-5-2 Pursuant to application dated 4/1/2014 and approved by the Building Inspector. To expire on 10/1/2015. Fees: AS BUILT- SINGLE FAMILY ADDITION/ALTERATION $1,147.20 CO -ALTERATION TO DWELLING $50.00 Total: $1,197.20 Building Inspector i' (- ' . U o kiM S -S-- 'TOWN OF SOUTHOLD PROPERTY. RECORD CARD ,OWNER -�—" STREET VILLAGE DIST. SUB. LOT FORMER OW ER N , E ACR. � '"I�;,�r Av,LF--M- t t" .I C.Wl Wl 1.12►2.! 0,385T - rte r -Y� 0r�jCl,ev, 't qnU S W ,_ TYPE OF BUIL-DIN A + Fe�r RES. 2 EAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKSr/� 76d, ,7-`.2rd %� c,rlec- a �h`zFtU4 460 o / DQ ®U -0//96 Soon �s'a,000,01 ro Q Z a v V D !� � / I5/2�(�D��.S2,$n0.- 0132�!.`TD' .- LfU-7,,91 to - _/v Q /R111 D AGE BUILDING CONDITION DEC '5 2018 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value ;rd Acre o m AL> �_, rn Tillable FRONTAGE ON WATER a � Lr! Woodland FRONTAGE ON ROAD o Meadowland DEPTH /240 u r HotAgp,Pot, BULKHEAD Total DOCK `"fit .i • •' • t _ ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ;, . W, ,.,.,.— '�r'- .. ., t ; �.. ■■■■■■■■End■■■■■■■■■■■ NOON■■ ■■■■■■■■►��■■■■■■■■■■■■�■■■■■■ ` N ,, .H. •k , � .... ■■■■■■fel■II■�■■�� !►�■■v■■■■■■■■■■ ;AM�F ..� i}vA-L'!''ln aS' {1 r�'y� '��r,' 1�t4'b L �;7 ■■■■■��■�.� �-�,��■■■■■■■■■■■■■■ r r ztny fi�Fy � • .} , t� a y '',yf. ;r,px,a;� `` r!„+. 39;YZ"• t�"T�• �"'� ��r �K},.re>^'.^-"';rW y<,s�Wwzz z .z A � �. � ��• W y .'.•11}iLl'G�• MY� r iY C(:iif • ■■■ ■■til■�I`il■■��!■�■■©m�sl��l■■■■■ NOON ■■■■■■ ■■■■■''■■E■■■E■■■■�!■■■■■ : .. ■■■■■E■■■�aN■■■■■■■■■�E■■NONE■ ■■■■■■■■■■■■■■■■■■■■■ NOON■■ - .JTZ . � _ ■■■■■■■■■■■■■■■■■■■■■■■■N■■■■ ■■■EE■■E■E■E■EE■■NE■■E■■EN■E Foundation :• Dinette FloorBasement Ext. Walls Interior Finish 4 Irrv-P)AVITLe Fire Place • �� Recreation Room Rooms 2nd Floor BUILDING DE _ ;PMENT ) ✓� i TOVN OF SOUThvLL, N. Y. )►�� 1 HOUSING CODE INSPECTION REPORT RECEIVED I Location 12005 Main Road (Rt. 24) East Marion, New York FJE1 O6 2018 nuWber Fac street I`iunicipality l 6� Subdivision Map No. Lot(s) LONI'dG BOARD OF APPEALS Name of Owner(s) Barbara Ann O'Brien and Ano. Occupancy R-1 Unoccupied (type) (owner-tenant) Admitted by: Mr. Radford Accompanied by: Same Key available Suffolk Co. Tax No. . 31-5-2 Source of request Albert H. Brumond• Date July 17, 1981 DIMLING: - Type of construction Wood #stories 1 Foundation Stone and Block Cellar Partial Crawl space Rest Total rooms, 1st. Fl 6 2nd. Fl Large atta3ird. Fl Bathroc•m(s) 1 Toilet room(s) Porch, type Deck, type Wood Patio, type Breezeway Garage - Utility room Type Heat oil Fired Warm Air X Hotwater Fireplace(s) No. Exits 3Airconditioning Domestic hotwater y., Type heater Gas Other ACCESSORY STRUCTURES: t Garage, type const._ 2 Storage, type const. Wobd Swimming pool Guest, type const. Other Guest cottage with 2 rooms and bath and or attached garage. No Kitchen Fariiit,es (Wood construction on wood posts) VIOLATIONS: Housing Code, Chapter 52 Location Description. ArtSec. Ki tchenNo shut off as stove V . 52-52-B,2 Cellar One floor •oist cut thru III 52-30-A e tram a Door painted shut III 52-31-+32 needshsllwny airin B.A. Guest - Needs various repairs III 52-30-A,C v Remarks: Inspected by: ,�L, �c/ � i,CDate of Insp. July 20, '81 i Curtis W. Horton Time start 2:35 end 2:50 ? - - �VFF04 ELIZABETH A.NEVILLE,MMC ®® cpy 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 ,!► ®� 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 11, 2018 RE: Zoning Appeal No. 7271 Transmitted herewith is Zoning Appeals No. 7274 for Thomas Kennedy: ,/ The Application to the Southold Town Zoning Board of Appeals _Applicant's Project Description Questionnaire Agricultural Data Statement i/ Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) _ LWRP Consistency Assessment Form v/ Notice(s) of Disapproval �/ Board of Zoning Appeals Application Authorization C _J Certificate(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- Drawings ,/ Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- f Un of Southold f P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/11/18 Receipt#: 250155 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7271 $1,500.00 Total Paid: $1,500.00 Notes: Payment Type Amount Paid By CK#935 $1,500.00 Kennedy, Thomas Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kennedy, Thomas 414 Sunset Lane Smithtown, NY 11787 Clerk ID: JENNIFER �t Internal ID:7271 I i TYPESET Mon Apr 22 14:44:18 EDT 2019 more than the code permitted maximum lot Applicants are the owners of subject property LEGAL NOTICE coverage of 20%,at:16500 Main Street,New requesting authorization to create an Acces- SOUTHOLD TOWN Suffolk,NY SCTM#1000-117-9-13 sory Apartment in an existing accessory ZONING BOARD OF APPEALS 10:30 A.M.-DIANE ARPAIA#7273-Re- structure measuring 830 sq.ft in living floor THURSDAY,MAY 9,2019 questforaVariance under Article XXIII,Sec- area, at- 1530 Camp Mineola Road, Mat- PUBLIC HEARINGS tion 280-124; and the Building Inspector's tituck,NY SCTM#1000-122-5-3.5. NOTICE IS HEREBY GIVEN,pursuant to November 8, 2018 Notice of Disapproval 1:45 P.M.-RONALD COONS#7244(Ad- Section 267 of the Town Law and Town Code based on an application for a permit to legal- Joumed from March 28,2019)Request for Chapter 280 (Zoning), Town of Southold, ize"as built"additions and alterations to an Variances under Article III,Section 280-15; the following public hearings will be held existing single family dwelling, at; 1) less Article XXIII, Section 280-124, and the by the SOUTHOLD TOWN ZONING than the code required minimum side yard Building Inspector's September 27, 2018, BOARD OF APPEALS at the Town Hall, setback of 15 feet;at 1900 Wunneweta Road, Notice of Disapproval based on an applica- 53095 Main Road,Southold,New York on Cutchogue,NY.SCTM#1000-111-4-22 tion for a permit to demolish an existing THURSDAY,MAY 9,2019. 11:00 A.M. - STRITZLER FAMILY dwelling and construct a new single family 9:30 A.M. - 1050 WEST COVE ROAD, TRUST#7277-Request for a Variance under dwelling,at; 1) less than the code required LLC,#7268-Request for Variances under Article XXII,Section 280-116(A)(1),and the minimum front yard setback of 35 feet,2)less Article III,Section 280-15;Article IV,Sec- Building Inspector's December 21,2018 No- than the code required minimum rear yard tion 280-18; Article XMI, Section 280- tice of Disapproval based on an application setback of 35 feet;3)an existing shed located 116A(1),and the Building Inspector's Sep- for a permit to construct additions and alter- in other than the code required rear yard;at: tember 21,2018 Notice of Disapproval based ations to an existing single family dwelling, 5206 Great Peconic Bay Blvd,Laurel,NY. on an application for a permit to construct at;1)located less than the code required 100 SCTM#1000-128-2-21. additions and alterations to an existing single feet from the top of the bluff;at.955 Sound- 2:00 P.M.-PETER PATINELLA#7263— family dwelling and to construct an accessory view Avenue, (AdJ to Long Island Sound) (Adjourned from April 25,2019)Request for in-ground swimming pool, at, 1) proposed Mattituck,NY SCTM#1000-94-1-8. Variances under Article III,Section 280-14, additions to the single family dwelling lo- 11:15 A.M.-TURKLAN ARKLAN#7279- and the Building Inspector's November 8, cated less than the code required 100 feet from Request for a Variance under Article XXII, 2018,Amended November 13,2018 Notice the top of the bluff;2)proposed in-ground Section 280-105 and the Building Inspector's of Disapproval based on an application for a swimming pool located less than the code January 14,2019 Notice of Disapproval based permit to demolish an existing single family required 100 feet from the top of the bluff;3) on an application for a permit to legalize an dwelling and construct a new single family proposed addition to the single family "as built"six(6)foot high fence in the front dwelling,at, 1)less than the code required dwelling is less than the code required mini- yard of a single family dwelling,at;1)more minimum side yard setback of 10 feet,2)less mum rear yard setback of 50 feet,4)proposed than the code permitted maximum four(4) than the code required minimum total side swimming pool is partially located in other feet in height when located in the front yard, yard setback of 25 feet,3)more than the code than the code required rear yard, at: 1050 at. 55 Eastward Court, Mattituck, NY. permitted maximum lot coverage of 20%;at West Cove Road(Adj.to Cutchogue Harbor), SCTM#1000-115-7-11 440 South Lane, East Marion, NY. Cutchogue,NY.SCTM#1000-111-5-1. 1:00 P.M-SHAWN P.FITZGERALD RE- SCTM#1000-38-6-12. 9:45 A.M.-RYAN STORK#7269-Request VOCABLE LIVING TRUST#7276-Re- The Board of Appeals will hear all persons or for a Use Variance under Article III,Section quest for an interpretation pursuant to Article their representatives,desiring to be heard at 280-13(C),and the Building Inspector's No- III,Section 280-13(A)(1),and the Building each hearing,and/or desiring to submit writ- vember 15,2018 Notice of Disapproval based Inspector's December 14,2018 Notice of Dis- ten statements before the conclusion of each on an application for a permit to alter the approval based on an application to amend a hearing. Each hearing will not start earlier second floor of an existing accessory garage building permit 441621 (construction of an than designated above.Files are available for into recreational space,at;l)proposed recrea- accessory pool house)for"as built"interior review during regular business hours and tional space in the accessory building is not a alterations,at;1)as to whether an"as-built" prior to the day of the hearing.If you have permitted accessory use,at- 1140 Park Ave- structure constitutes a second dwelling unit questions,please contact our office at,(631) nue,Mattituck(Adj.to Cutchogue Harbor), by design,at 495 Paddock Way,(Adj.to Wolf 765-1809, o r by email: k 1 m f C Cutchogue,NY.SCTM#1000-123-8-1. Pit Lake)Mattituck,NY SCTM#1000-107- southoldtownnygov 10:00 A.M.-THOMAS KENNEDY#7271 4-210 Dated:April 25,2019 -Request for Variances under Article III,Sec- 1:15 P ry -SV GREENPORT,LLC#7275- ZONING BOARD OF APPEALS- tions 280-13C and 280-15,ArtrcleIV,Section On appeal from Building Inspector's October LESLIE K A N E S W E 1 S M A N, 280-19, Article XXIII, Sections 280-123A 17,2018 Notice of Disapproval and pursuant CHAIRPERSON and 280-124; and the Building Inspector's to Article I,Section 280-4 and Article XXIV, BY.Kim E Fuentes October 30, 2018 Notice of Disapproval Section 280-127 of the Town Code; 1)Re- 54375 Main Road(Office Location) based on an application for permits to legalize quest interpretations that(a)Applicant's pro- 53095 Main Road(Mailing/USPS) "as built"additions to an existing single fam- posed work at the subject property is not gov- RO Box 1179 ily dwelling,to an existing non-conforming erred by the current Town Code definition of Southold,NY 11971-0959 accessory cottage, and to an existing non- `Hotel and Motel,Transient,'such definition 2341350 conforming tool shed at,1)as-built addition does not require Applicant to remove the ex- to single family dwelling is less than the code isting kitchen facilities in the existing units on required minimum side yard setback of 10 the subject property,and the Building Depart- feet;2)as-built accessory structure(deck)is ment improperly disapproved Applicant's located in other than the code required rear building permit application based on such yard; 3) as-built addition to the accessory definition,(b)Applicant may continue to use, cottage is not a permitted,pursuant to Article maintain, and renovate the existing kitchen =11, Section 280-123 A which states "A facilities in the units on the subject property; non-conforming building containing a non- (c)the Building Department may not require conforming use shall not be enlarged or Applicant to comply with the restrictive defi- structurally altered or moved,except as set nition of'Hotel and Motel,Transient' or to forth below,unless the use of such building is remove kitchen facilities from its units to ob- changed to a conforming use", 4) as-built tain a building permit for proposed renovation addition to tool shed located less than the code and other work on the subject property,and required minimum rear yard setback of 5 feet; (d)site plan approval is not required for Ap- r) as-built changing room and shower at- plicant's proposed work on the building and tached to the existing tool shed is not permit- units at the subject property;2)Request an- ted, at 12005 Route 25, East Marion, NY nulment of the Building Department's 'No- SCTM#1000-31-5-2 tice of Disapproval' and direction that a 10:15 A.M.-TRACY MINUCCLIMTE building permit be issued;upon property lo- CAP NORTH FORK,LLC#7272-Request cated at:59725 County Road 48,Greenport, for a Variance under Article XXIII,Section NY SCTM#1000-44-2-23 280-124 and the Building Inspector's De- 1:30 P.M.-RONALD AND ANN SMITH cember 6,2018 Notice of Disapproval based #72835E-Request for a Special Exception on an application for a permit to construct an under Article III,Section 280-13B(13).The accessory in-ground swimming pool, at, 1) #0002341350 r STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck,in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 05/02/2019 Principal Clerk Sworn to before me this day of 20 19 TRISTINAINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V061050-60 9ualltietl in Surrolk County My commission Expires February 28,2020 BOARD MEMBERS Xt®f s® iy® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179� �' �', ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes r a� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®�c®U9Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 9, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971- 0959, on THURSDAY, MAY 9, 2019: 10:00 A.M. - THOMAS KENNEDY #7271 - Request for Variances under Article III, Sections 280-13C and 280-15; Article IV, Section 280-19; Article XXIII, Sections 280-123A and 280- 124; and the Building Inspector's October 30, 2018 Notice of Disapproval based on an application for permits to legalize "as built" additions to an existing single family dwelling, to an existing non-conforming accessory cottage, and to an existing non- conforming tool shed at; 1) as-built addition to single family dwelling is less than the code required minimum side yard setback of 10 feet; 2) as-built accessory structure (deck) is located in other than the code required rear yard; 3) as-built addition to the accessory cottage is not a permitted, pursuant to Article XXIII, Section 280-123 A which states "A non-conforming building containing a non-conforming use shall not be enlarged or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use"; 4) as-built addition to tool shed located less than the code required minimum rear yard setback of 5 feet; 5) as-built changing room and shower attached to the existing tool shed is not permitted, at: 12005 Route 25, East Marion, NY. SCTM#1000-31-5-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at(631) 765-1809, or by email: kimf@southo/dtownny.gov. Dated: April 25, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 _�,,NING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 1;1971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold ^\ website: http://southtown.northfork.net April 12 , 2019 Re: Town Code Chapter 55 -Public Notices' for Thursday, May 9, 2019 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before April 22"d: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office, at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either, a written statement or during the hearing providinq the returned letter to us as soon as possible; AND not later than April 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers,_ names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 1St: Please make arrangements to , place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/a;gents, responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If!you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May,,7, 2019-. If-You are n Lt able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSETNUMBER-ALWAYS)-.' - Very truly yours, Zoning Appeals Board and Staff Ends. i4U' T1 ('M. E U' F HEA' Rli4o' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME :0 KENNEDY, THOMAS # 7271 SCTM # .m 1 000-37 -5-2 ' r 'ARI ANCE: YARD SET- ---B- - -A- -CK- (D---WELLING & S H-- ---E- - D- -- -)- OF DECK, COTTAGE USE F EQUESTm LEGALIZE 00AS BUILT" ADDITIONS TO SINGLE FAMILY -DWELLING , NON- CONFORMING ACCESSORY COTTAGE, TOOL SHED & SHOWER SATE : THURS . , MAY 91 2019 10 : 00AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING .,OARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 171P.71- PSN e � MAY 9 7019 !l' --•I'� ��i1-,24x.w+� ��°`=nk^4 _ _ _ � /—t.-�a� / ��.4.�f� , _ '; n..)✓!'.. ..j:.l�yMl ��.ern•"Sw�uM��S, 1 J�f��•'ei-.'-1F — w'{/ �`^,y�� lLer' __ r TOWN OF SOUTHOLD ' ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT �� OF In the Matter of the Application of: MAILINGS Soy, v'l ) -�W'ake' SCTM No. 1000- (Address of Property) I,aection, Block &Lot) ` p Y) , COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( gent V residing at ` . va. k4New York, being duly sworn, deposes and says that: On the _day of 320 , I personally mailed at the United States Post Office in ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the a c is property. ( gnature) Sworn to before me this dig day of &C 1 , 20 TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 (N ary ublic) QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2-0a,�L, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Ln -n 0 EAST "� m .d -00 ." o 1 0e �, Q ( t �) Certified Mall Fee $3■Z#LI t yW c j� 0•' U9,.2 Ln Certified Mail Fee L� °� $ L Il 06 I Er 01952 ExtraServices Return Receipt &hard (check box,add fee qp. $ ❑Retum Receipt(hanicopy) $ Lir p� teJ � �,,�,• Oi1 I�6 ❑Return Receipt(electronic) ---VLI I�I I I Extra Services&Fees(check box,add fee Ieppirpta) $ - Postmark ❑Return Receipt(hardcopy) $ �V L — El Certified Mall Restricted Delivery $ Qy j I_I jtl 0 ❑Return Receipt(electronic) $ $rr ❑Adult Signature Required $ ry �I-I Here 0 El Certified Mail Restricted Delivery $ -I I(•I Postmark ❑Adult Signature Resin led Delivery$ 1 ❑Adult Signature Required $ I� nil Here C3 Postage $U.71 ❑Adult Signature Restricted Delivery$ —XI $ 1 0 Postage C3Total Postage and F 014/20/2019 •0 $ 0.70 $ 7^(11.1 E3 Total Postage and s 04/20/2019 CO43 S Sent To � � $ �'r 1��1 I ■ 0 Stree%andApt N "'No anti City State,Zlt4� f/ =y 1� �JSt�eef an Ap o, r 1lt, Np_ � -------------------- ---� o e 1 r l l m ® A �'vm ® e •- 0W:z'' EO B e ® �'r, r� ,B. VTH Wry 77 i 7 u7 Certfied Mad Fee 0952 0•' ✓ . ( j e a 5 L ttJJ r 0- V7 Certified Mad Fee c I Er $ Q 0- $3.50 Extra Services&Fees(check box,tiddifee R�7r1 016 tr— $ 0952 ❑Return Receipt(hardcopy) $ L,tr to) Extra SONICBS&Fees(check box,add/ee � 1 1 16 ❑Return Receipt(electronic) $ I.UI_i Postmark I t•-� ❑Return Receipt(hardcopy) $ $o� ate) 0 ❑Certified Mail Restricted Delivery $ $0_jll l Here C ❑Return Receipt(electronic) $�■(�— 0 El Adult Signature Required $ I i �T_ 0 ❑Certified Mall Restricted Delivery $ I I 1 1 Postmark ❑Adult Signature Restricted Delivery$ 0 []Adult Signature Required $ �I}y � Here ' 0 Postage ❑Adult Signature Restricted Delivery$ ...0 $11.71 O Postage � r Total Postage and F es 04/20/2019 � -0 $Q°7[I $ (,I]I] C3 Total Postage and F �Iry (14/20/2019 co Sen r-I t Ti �t -}1 $ cu 0 _!_ _�-------- � Sent To Sf�eet an t(�p�11`)� or --- -IV-- ------------- J --------- '�•'��--- --�ll--- Street and Apt. o,SiP g --- - -- --- City,State,�1P r N -------------------- --- -------- -------(--�--------- I I V r Ciry,State,ZlP+4° __ 00 :au , ■ Complete Items 1,2,and 3. A. Signature ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• ec ved by(Wed Name) C. Date of Delivery or on the front if space permits. n 1. Article Addressed o: /// D. Is delivery addres different from Item 17 ❑Yes I / If YES,enter delivery address below: ❑ No . II I II[III IIII III III IIII I II III till l II IIID III 3. Service Type ❑Priority rvtall Expresso ❑Adult Signature ❑Register'ed MaIIT'^ ❑Adult Signature Restricted Delivery ❑Rdgisteiea Mad Restricted ❑Certified MZO Delivery 9590 9402 4357 8190 4486 58 ❑Certified Mail Restricted Delivery Cl Return Receipt for ❑Collect on Delivery Merchandise 2 Articl-Kh-...i,^,rr^^^� ----- ---' — Restricted Delivery ❑Signature Confirmation- 7018' 0360 onfirmation"°70180360 0001 9959 6688 ❑Signature Confirmation ._......,led Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK 7�� 9 AFFIDAVIT.K��'l��cJ In the Matter of the Application of: POSTING u� "dfApa � SCTM No. 100C _ (Nam (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK � � c 1, residing at �� New York,being duly sworn, depose and say that: I am the ( ) Owner or ( Agent for owner of the subject property f On the day of , 20 , 1 personally placed the Town's Official Poster on subject property located at: :RCP03WQV�0A,, indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearte,which hearing date was shown to be— Orm 1 3 (Owner/A e t 'gnature) Sworn to before me this �— Day of Y I 1 , 20 �� TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK 4(Noary P lic) NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2&(a-- * near the entrance or driveway entrance of property, as the area most visible to passerby ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverseX Agent so that we can return the card to you. ❑Addressee IL { ® Attach this Card to the back of the mailpleCe, B. Received by( nnted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes (� 5('0 T ��j N D j If YES,enter delivery address below: C]No c�ST PFRt®k� = HC435 Ii I IIIIII IIII lfl I Ill IIII l ll I'll IIII l III[Ill Ill 3. Service Type ❑Prionty Mall Expresso i '01Adult Signature ❑Registered MaiITM + ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 1 ❑Certified MaN Delivery 9590 9402 4357 8190 4486 89 ❑Certified Mail Restricted Delivery ❑Return Receipt for r ❑Collect on Delivery Merchandise -n Delivery Restricted Delivery ❑Signature ConfirmationTNI ?018 0360 0001 ,9 9 5 9 6 6 71 ail ❑Signature Confirmation Aail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � • • raturee■ Complete Items 1,2,and 3. y ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• Received 6,VfPfinted Name) C. Date of Delivery or on the front if space permits. { 1. Article Addressed to: D. Is delivery address different from Item 17 Yes I If YES,enter delivery address below: ❑ No l A-O0 tQS+402q Sr• 'My Kt Y- D19-6 II 1111111 IIII III I III IIII I I IIII IIII I I I II II III 11 Service Type ❑Registered Mall Expresso � 11 Adult Signature ❑Registered Mallrm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail(D Delivery 9590 9402 4357 8190 4486 72 0ertified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2, Delivery ❑Signature ConfumationTM b : . ❑,Signature Confirmation 0181--.0 3 6 0', 0 0 01';',9 9 5 9`,6 6 6 4, ,tea Delivery`- ; Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS -- Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF SUUjyOI 53095 Main Road-P.O.Box 1179 Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ac Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNV Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 December 7, 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 #7271 Owner/Applicant: Kennedy, Thomas Action Requested: "As built" additions to an existing single family dwelling, to an existing, non-conforming accessory cottage, and to an existing non-conforming tool shed. Within 500 feet of: (X) State or County Road ( ) 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 Ch irp rson By: ,- Encls. Survey/Site Plan: Nathan Taft Corwin III, Land Surveyor Dated January 19, 2016 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�UjyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor; Robert Lehnert,Jr. • yob 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lij`Cu Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 May 29, 2019 Eileen Wingate 2805 West Mill Road Mattituck,NY 11952 Re: ZBA Application#7271 Kennedy, 12005 Route 25, East Marion SCTM No. 1000-31-5-2 Dear Ms. Wingate; Transmitted for your records is a copy of the Board's May 23, 2019 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. T , Kim E. Fuentes Board Assistant Encl. cc: Building Dept. �1 Fuentes, Kim From: Fuentes, Kim Sent: Friday, April 05, 2019 2:42 PM To: Weisman, Leslie Subject: #7271 Kennedy Attachments: 20190405133941.pdf, 20190405133912.pdf Hi Leslie, We usually consider scheduling interior inspections for applications that proposes additions to an accessory cottage. In this matter, the relief for the addition consists of decking only surrounding the structure. I've attached the NOD and a site plan. Please let me know if the members want to do an interior inspection. Thank you. Kim E, Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownn .gov Mail to:P.O. 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