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I. �o5 C r� ��' -,,4, /U fh �3� ria. �a Flo *d d ifi a-n s ala IkkAIMIs 6 Pia I��tco �' �'i , bt,c� 1 aas but Wq,��fs� s�et, ,v O shumm h tis 4 a d fs`lo f pi 17-a peel, as b ►It c 9� Is �3 /� sI d e eud, -b Ste OU0,I a4 pa+ /I, 6(?� o1�(7-lS PH -713115 Arm -7l1ll�� Clo� . r �^� CHECK BOXES AS COMPLETED ( � `� ; ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND D > o C7 ( ) Check file boxes for K � ( ) Assign next number N outside of file folder �, -• - 0 ( ) Date stamp entire or file number ( ) Hole punch entire or — " 0 m m Q z o -a -= -o cn a t (before sending to T. a, ( ) Create new index cai � � m � ( ) Print contact info & i E:: 6• i ( ) Prepare transmittal ' 20- cn Q -, n 4 ,-I- cn D o ( ) Send original applicz 0 Cn -,10 to Town Clerk @ Q a ( ) Note inside file foldE and tape to inside o o ' ( ) Copy County Tax M 0i neighbors and AG to �•' ( ) Make 7 copies and p ( ) Do mailing label V N CP 1 31�// 9 _ 31aq l � lWZP 31611q- 'Xa4[(j No .46k BOARD MEMBERS *®F SUUry® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yc�UN1`I,� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ,�ECMVE r ��� wo ' 15AM Tel.(631)765-1809•Fax(631)765-9064 JUL 2 4 201 a. Ma Sou old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 18, 2019 ZBA FILE: #7296 NAME OF APPLICANT: Lewis Topper PROPERTY LOCATION: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck NY SCTM: 1000-123-6-12.4 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 11 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 25, 2019 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 June 24, 2019. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP relative to the as-built shed in the side yard and the shed and trellis over the patio. With the conditions imposed herein, the Board finds the application will be CONSISTENT with the LWRP. The as-built trellis and shed were constructed without obtaining required review or permits. As- built development does not minimize adverse effects of development by setting precedent and reinforces a traditional land use pattern of the Town of Southold that is not supported. The proposed action does not meet this policy. (Policy 1) The as-built frame shed is located within FEMA AE Elevation 6' flood zone and is subject to loss from storm events. During Tropical Storm Sandy, this area flooded. (Policy 4) Page 2, July 18,2019 #7296,Topper SCTM No. 1000-123-6-12.4 The proposal to increase the lot coverage to over the permitted 20 percent is not supported in this hazard area(assuming the as-built shed is the reason the application exceeds the 20 percent). The proposed second story addition is recommended as EXEMPT from the from LWRP and Coastal Consistency Review relative to the additions and alterations to the residence. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 18,901 square feet, .43 acre, 16,471 square feet, .38 acre buildable, rectangular-shaped waterfront parcel located in the R40 Zoning District measures 183.20 feet along Camp Mineola Road and a private right of way known as Reeve Avenue, establishing a western lot line, then runs along a wood bulkhead at the Peconic Bay 90.40 feet, then runs north 176.78 feet along a separate residentially developed lot owned by the applicant, then returns 92.92 feet along the northern lot line. The site is developed with a two-story frame and stone dwelling with covered waterside wood porch, a covered front porch,wood walkway with steps to the beach, a slate patio and grilling area, an eastside entry with roof over and outdoor shower, a westside entry with roof over and generator and air handlers concealed under a lattice pergola, a stone driveway and subject of this application a free-standing wood trellis over stone patio at house entrance and a frame shed located in the front yard, as shown on the survey by Martin D. Hands L.S., Hands On Surveying and last updated January 22, 2019. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March 1, 2019, Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, legalize "as built" trellis addition over patio and to legalize the "as built" accessory shed; at; 1) proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed addition to the single family dwelling located less than the code required minimum rear yard setback of 35 feet; 3) proposed construction is more than the code permitted maximum lot coverage of 20%; 4) "as-built" shed located in other than the rear yard; at: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck,NY. SCTM#1000-123-6-12.4. RELIEF REQUESTED: The applicant requests variances for second floor additions and alterations to an existing residence consisting of a maximum ridge height of 23 feet to accommodate the removal of the current roof to expand and replace the dormers to create 423 square feet of additional living space for two expanded bedrooms and baths, with a proposed front yard setback is 18.1 feet where 35 feet is the minimum front yard setback required and the proposed rear yard setback is 17.2 feet where the minimum rear yard set setback required is 35 feet and to legalize an as-built garden shed measuring 8.2 feet by 11.8 feet located a side yard where all such improvements are to be located in the rear yard, or in the case of a waterfront parcel, can be sited in the front yard, provided the improvement meets minimum front yard setback requirements and to legalize an as-built garden trellis/pergola over a front entry patio where the code allows a maximum of 20% lot coverage. The total proposed improvements, if granted, represents 23% lot coverage. ADDITIONAL INFORMATION: The applicant and their agent spoke on behalf of this application. No immediate neighbor or member of the public spoke in favor of or against this application. The following ZBA variances were previously granted for this parcel: #161 issued 1959 #2773 issued 1981 #2938 issued 1982 #5139 issued 2002 Page 3, July 18,2019 #7296,Topper SCTM No. 1000-123-6-12.4 The subject residence has the following Certificates of Occupancy: #11092 issued 1982 #14153 issued 1986 #30911 issued 2005 Camp Mineola Road is a private road servicing the private bayfront community of Camp Mineola, originally developed prior to the mid-20th Century. Reeve Road is a non-paved, grass continuation of Camp Mineola Road, a right of way 25 feet wide, allowing bay access to non-waterfront members of the private community. The subject parcel is developed with a residence facing the bay and for all practical purposes does not have a front fagade facing Reeve Road, nor a traditional rear yard. These spaces function and look like typical side yards given the driveway access from Camp Mineola Road and the orientation of the residence facing north. ZBA decision #2773 granted in 1981 indicates that the placement of the existing house cannot have a front or rear yard setback less than 17.5 feet, the technical side yards. The existing front and rear yard setbacks maintain those originally granted and the applicant proposes to expand the second floor, while maintaining the current setbacks, to enhance two existing bedrooms and baths. The applicant owns the bayfront residence immediately to the east of the subject property. The applicant and his agent were asked to provide the Board with prior decisions to support their application relative to excess lot coverage. The applicant's agent submitted four prior Board decisions including#5841,#6122,#6241 and#6486 all for greater than the allowable 20% lot coverage in the immediate Camp Mineola community on July 10,2019. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 3, 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 private bayfront community of Camp Mineola offers a variety of house styles and sizes developed over the past century and is not accessible to the general public. Members of the community will have difficulty distinguishing the proposed additions and alterations as the subject residence is well-screened and landscaped. While the residence is visible from the beach and to boaters on the Peconic Bay, the proposed alterations are within keeping of the neighborhood and furthermore, the house presently has recognizable dormers accommodating living space. There is no proposed expansion to the footprint of the current house and the applicant proposes to maintain the existing front yard setback of 18.1 feet and also proposes to maintain the existing rear yard setback of 17.2 feet while removing the existing dormers and replacing them with expanded dormers to enlarge two existing second floor bedrooms and baths. Relative to the placement of the shed in the side yard, based on the lot's orientation and to passer's by or those with access to the site for all practical purposes one would assume that the improvement was placed in the correct location. Few would recognize that the technical front yard is facing the right of way, known as Reeve Road, a grass lane allowing pedestrian access to the bay. Lastly, the location of the free-standing trellis pergola over a stone patio at the residence's front door along with the placement of the shed on site facilitates the need for lot coverage in addition to the allowable 20%. Few would notice that the lot coverage is in fact 23% - especially since the trellis is open air and supports a mature Wisteria vine. Page 4,July 18,2019 #7296,Topper SCTM No. 1000-123-6-12.4 2. Town Law X267-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 house is existing and applicant proposes to maintain the current setback granted in 1981 by the ZBA. Furthermore, the applicant has no `typical' front yard or a compliant rear yard area to place a shed. The only possible location is in the side yard. Furthermore, because of the existence of the as-built shed and trellis relief is sought relative to lot coverage. It would be an unnecessary hardship to require the applicant to remove the garden shed needed to maintain the property and store common household items or to abandon the use of a garden trellis gracing an entranceway to maintain compliant lot coverage. While the LWRP does not condone `as built' improvements, which given the potential of a storm surge can cause damage or loss of life, the LWRP does not view the expansion of the second story as problematic. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 48% relief from the code for front yard setback; 51% relief from the code for rear yard setback; 15% relief from the code for 23% lot coverage; and 100% relief from the code for the placement of the shed in the side yard. However, the applicant is maintaining the already existing front and rear yard setbacks as granted by this Board under ZBA decision #2773 granted in 1981 and does not propose any work other than expanding already existing second floor dormers. Additionally, a garden shed and garden trellises are common accessory structures to a residence and while built without the benefit of a permit and create the need for lot coverage relief do not visually impact the site the same way that a garage or another structure would. While the existence of the shed in a side yard is the greatest relief sought, for all practical and recognizable purposes, one would not realize that the siting of this improvement requires relief as it appears in the logical front yard. 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 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 is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a residence and the legalization of the as built shed and trellis in their existing locations, 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 Planamento, seconded by Member Acampora, and duly carried, to GRANT the variances as applied for, and shown on the survey by Martin D. Hands L.S., Hands On Surveying and last revised January 22, 2019 and shown on the architectural drawings labeled Al-A4 prepared by Frederick Robert Weber, Registered Architect and dated February 14, 2019. Page 5,July 18,2019 #7296,Topper SCTM No. 1000-123-6-12.4 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Prior to receiving a building permit,the owner(s) of the subject property cited herein must sign a statement acknowledging: a. That the applicant(s) have read this determination and understand the limits of the variance relief granted herein; b. That the applicant(s)will immediately contact the Building Department if a demolition, as defined by Section 280-4 of the Town Code,l occurs during construction,or any construction undertaken in any other way exceeds the scope of the approvals granted herein, or the issued building permit; c. That the applicants are aware that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right, after a public hearing,to modify,suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV, Section 280-141 of the Town Code. 2. This 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. 3. The garden pergola at the visual front of the house shall not be expanded upon, enclosed, attached to the residence or screened/sheathed. 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 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. 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. 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 1 Section 280-4 of the Town Code defines "Demolition' as any removal of a structure or portion thereof, where the total cost of the reconstruction of the structure or portion thereof exceeds 50% of the market value of the existing structure before the start of removal. Page 6,July 18,2019 #7296,Topper SCTM No. 1000-123-6-12.4 (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, and Acampora. (4-0) (Member Lehnert Absent) Leslie Kanes Weisman Chairperson Approved for filing 7 /,,�D /2019 ZONING BOARD OF APPEALSmCOD W �� Town Hall Annex, 54375 Route 25 ip ., P.O.Box 1179 Southold,New York 11971-0959 low Fax(631)765.9064 ` Telephon 63 - ZBA FILE: #7296 RECEIVED NAME OF OWNER(S)OF SUBJECT PROPERTY- LEWIS TOPPER 7�q� PROPERTY LOCATION: 3605 Camp Mineola Road, Mattituck, New York AUG 15 2099 DATE OF ZBA DETERMINATION: July 18, 2019 SCTM No. 1000-123-6-12.4 Zunm9 Board Of Appeals PROPERTY OWNER'S STATEMENT I/we, the undersigned, am/are the owner(s)of the property cited above and acknowledge that I/we: 1. have received and read ZBA determination number: #7296 Dated: July 18, 2019; 2. understand the limits of the variance relief granted therein; 3. agree to immediately contact the Building Department-if a demolition, as defined by Section 280-4 of the Town Code, occurs during construction, or any construction undertaken in any other way exceeds the scope of the approvals granted herein, or the issued building permits; 4. know that the Zoning Board of Appeals retains jurisdiction until the issuance of the Certificate of Occupancy and has the right, after a public hearing,to modify, suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XXV,Section 280-141 of the Town Code; 5. must submit a signed and notarized copy of this statement must be submitted to both the Office of the Zoning Board of Appeals and the Building Department prior to my/our applying for a building permit; 6. that the Building Department will not issue a building permit without receipt of this signed statement. Print Name of Owner(s) FU)k3 F—, Signature of Owner(s) Dated: Dated: Sworn to before me this day Sworn to before me this day 20 of 20 Notary PublNotary Public EU .DANE4a1 Notary Public,State of New York No.30-4915998 Qualified in Nassau County K4V Commission Expires December 21, f SURVEY OF - TERRY PATH DESCRIBED PROPERTY (PRIVATE R.O.W) SITUA TE A T MATTI TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ^ S.C.T.M DIST. 1000 SEC.123 BLK. 06 LOT 12.4 15 8 0 15 30 45 60 75 90 105 120 135 �T RECEIVED SCALE. 1"=30' DATE.AUGUST 31, 2001 v MAR ® 5 2019 LOT AREA: 16,471 SQ.FT TO BULKHEAD=0.38 ACRE EXISTING LOT COVERAGE.3,790 SQ.FT. =23.0% ZONING BOARD OF APPEALS LOT AREA TO M.H.W.: 18,901 SQ.FT. =0.43 ACRE EXISTING LOT COVERAGE.3,790 SQ.FT. =20.0% 4' DWELLING:2561 SQ.FT. FRAME SHED:97 SQ.FT. O o COV.PORCH(WATERSIDE):692 SQ.FT. COV.PORCH(OPPOSITE SIDE):86 SQ.FT. TRELLIS OVER ENTRY PATIO: 176 SQ.FT. 1 ST.FLOOR CAN'T. OM:86 SQ.FT. TRELLIS(WEST SIDE):86 SQ.FT. 2ND. FLOOR BAY 0/H:6 SQ.FTT, O TOTAL:3,790 SQ.FT. LAND NOW OR FORMERLY 4 MARK STUFANO FLOOD ZONE BOUNDARIES HEREON AS PER F.E.M.A. FLOOD INSURANCE RATE MAP MAP NO.:36103CO482-H-EFFECTIVE DATE SEPTEMBER 25, 2009 FN COR N 87027'00"E 92.92' 04'S HEDGE HEDGE CONC.MON 1.0'E 08'S UTILITY A R � — POLE M R CONC M HEDGE v� -- B�0 v W SERVICE 82 X 11.8' 30 VE#30 v FRAM 22.9' 11 0 HEAD WIRE os TON P 1 ti 05 1 m 2O'DI _ \ 20'DO zm r 1 y o-a ® ma STONE � DRIVEWAY mm �f \ OD ZO E AE(EL6) r x00 N N ^ I o m V m m POST&SECURITY A �p CAMERA 0 2 W WALL 44. \\ O TE $ m .t 't HEDGE P2N 262 - 2%A UAL CHAN 22 m m LOOD ZARD ARE I a _ CCA.) Z mro 19.3 o I m ENTRY S 0 m oo cA G 3�s n 17.2' RI m O� 169' SLATE 244' ry��GARAGE iA O O DSTEP A PATIO J� j° COVERED ;o W a PORCH n 1 141' 0OD 1 1 LJ J ECK 0 OOFOIH o 2 STORY c FRS 0 E m 1 D STEPS FRAME&STONE o n LANDING DWELLING OD 11. F STEPS FLOFLO�DNELEVATION 1 2ND NO BASE(DEPTH 1) / CANTOHL BAYOIH WOOD S7'l"P 0 MODERATE x COVERED WOOD PORCH PAT IO1 CTION --� � " z LIMf IT VEA WALL I "' WOOD STEP N 0&E W O W - N � HEDGE � - - 24'E F�1D ON f 'p TIE LINEvSVALO G WOOD BULKN °21'50" WOOD OU CONC M� � , S STRUCTURESFEORDEDRFALE UNLESSURESICALL EEDEU OR UHRSCOROEDARENOTGUARANTEED O L S I nNLESSFUR�YEVIDENTAi THE E ; { THE OFFSEi(OR DIMENSIONS)SHOWN _ `` p p�'gq�}�ry+++�jpQ yTp„-�, �[},�qQ ��7�yg I HEREON FROM TNESiFGRA RE5 TO THE STEPS Iz'#S3r�-WFD'�'-^�+�' g ■ ZBA ' PURPOSE AND USEM'D°ATNEREFORE° ZONE VE(EL8) 6& ARENOTINTENDE°TOGUIDETHE FLOOD WALLS ON OFFENCES,RETanING N SAS PLACED A" roo s Panos P ANnNG OULDER nRE s,AMT70NS TOBU1LDINGS LIN OF STONESB `,<5 ' C aNDavrDTHEnwNsmucnoN ALONG WOOD BULKHEAD j -IF-E AL 770NDAAM77ON p TOTHISSURVEYISAVICIA ONOF DATED LEDUCA SECNWO'N W W THENEWYORKSTATE — J / { Fd TE I� I� COPIES OF TWSSUAVEYMAPNOTBEAWNG r �0 THELANOSURVEYORSIMEDSEAL OR MEANIiIGH`WAATIME OF SURVEY m EMSEAVASEALSHA4NOTBECOaSDEREO roSE SEDSE LSHAU Y VED C f?nFI=VCNSINDICATEDHERONSHALLRUN ONLY TO THE FERSON FORWHOMTHESUAVEY AS OBS sFR�A�ANooN smaF 0THE 01/01 IC p — �DINCINSTIr CULISSTEDHERVffW �NNMD�13AYTOTHEAWGNEESOFTHELENaNGIMU. pENNN%0N O TU ON CERTIFICAnONSARENOTUSSEQUERT TO ONCERTIINSnONSAREORSUBSEOUEHr OV& CERTIFIED TO:LEWIS E. TOPPER p JOB NO. 2001-312 CITIBANK,N.A. MAP NO.: COMMONWEALTH LAND TITLE INSURANCE CO. FILED: & AND S REVISIONS: do,,�G ADD CERTS.: 10/1/01 �pC3PUq{ ADD PROP POOL, PATIO, FN, C� 'C�` Off• O DWAY, GAR.EXT., PORCH 4/6/02 FINAL SURVEY 9/20/003 HANDS ON SURVEYING UPDATE&RECERTIFY 5/05/05 26 SILVER BROOK DRIVE " REV. TAX LOT N0. 05/16/05 FLANDERS, NEW YORK UPDATE&REERTIFY 11/30/05 11901 L LOC.LIMIT OF BOULDERS 1/14/08 , e� TEL:(631)-369-8312-FAX.(631)-369-8313 UPDATE SURVEY. 1/3/19 9, . 050 .10 MARTIN D. HAND L.S REV.LOT COVERAGE, PLOT F OF MV44 COPIES OF THIS SURVEY MAP,EITHER PAPER OR ELECTRONIC,NOT BEARING FEMA ZONES 1/22/2019 THE LAND SURVEYORS INKED SEAL OR EMBOSSED SEAL SHALL NOT BE LICENSE NO. 050363 CONSIDERED TO BE A VALID COPY AND SHALL NOT BE USED FOR ANY PURPOSE. TERRY FDATH FREDERICK (PRIVATE R.O.W.) ROBERT WEBER LOT AREA: 16,411 SQ.FT TO BULKHEAD = 0.38 ACRE ARCHITECT EXISTING LOT COVERAGE: 3,190 SQ.FT. = 23.0 % LOT AREA TO M.H.W.: 18,901 SQ.FT. = 0.43 ACRE EXISTING LOT COVERAGE: 3,190 SQ.FT. = 20.0 % _ � DWELLING: 2,561 SQ.FT. r-`='^riTv"i,a 0 FRAME SHED: 91 SQ.FT. PEAR e R0 COV.PORCH ( WATERSIDE): 692 SQ.FT. COV.PORCH (OPPOSITE SIDE): 86 SQ.FT. 7,t1,11GPr)ARDc`FAr'_rlS TRELLIS OVER ENTRY PATIO: 116 SQ.FT. IST.FLOOR CAN'T. O/H: 86 SQ.FT. TRELLIS ( WEST SIDE): 86 SQ.FT. w 2ND. FLOOR BAY O/H: 6 SQ.FT. O TOTAL:o 3,190 SQ.FT. W �. O z W 70 Q SURVEY INFORMATION: MARTIN D. HAND L.S W LAND NOW OR FORMERLY 26 SILVER BROOK DRIVE MARK STUFANO FLANDERS, NEW YORK 11901 DATE: AUGUST 31, 2001 UPDATE: JANUARY 3, 2019 {e FN COR N 81°21'00" E 92.92' SUBJECT SANITARY It ABANDONED WELL W 0.� 0.4' s HEDGE HEDGE CONC. MON. LOCATIONS TAKEN FROM A SURVEY BY W 1.0' E 0.815 UTILITY YOUNG 1 YOUNG, HOWARD W. YOUNG L.S. NO. 45893 GJ� AT R 1'111 O0 POLE MET R CONC.MON. HEDGE EL LAST REVISED JULY 2, 1982, FINAL SURVEY � oWATER SERVICE 8.2' X II.B' VERiZON •• FRAME 430 0 RHEAD WIRES ❑STON SHED 22.9' P cp 0y •\ m-4 m 2.0' D.I. 2.0' D.I. m ® O ® w> STONE 70 i D •� -r, DRIVEWAY o,o, m FLOOD ZONA• AE (EL6) _ DRAWING TITLE: m O r m ar \ "' CJS POST r SECURITY r SITE PLAN CAMERA 0.2'W WALL c O 0.11E m E Vj Z HEDGE to —0 O 2XE 7 00.2% ANNUAL CHAINCE W '[_JN1� R 70 m c N p FLOOD HAZARD AREA SITE PLAN for c �,� � �� I m ��vl l�� rn w n>� o LEWIS TOPPER m O ; o o I r- JOB: 70 < P. mo m ENTRY STEPS 3 Z SITUATE: MATTITUCK TOPPER i—'GARA`1GEr� �m TOWN OF SOUTHOLD RESIDENCE rn `,A� 1 ' oN r 11.2' SUFFOLK COUNTY, NEW YORK _. O 14 SLATE 24" _PRO � S.C.T.M DIST. 1000 SEC.123 BLK. 06 LOT 12.•4 3905 CAMP MINEOLA ROAD GAR GE• • PATIO . . . . 70 rn O MATTITUCK, NY 0 STEP Incre x . . �# Lo` :. . Uicra O —{ 70 RooF . . COVERED Roof•Pitch• O TOWN OF SOUTHOLD J PORCH O SCTMS 1000-123-04-12.4 ' O WOOD -U 70 �:':'.':':'.:':•:•:':... XISTI ::::..... DECK -U 3 ZONING: R-40 o OOF Oi o..""" " .....: :':'.'...0 FR.SHOWE m m ARCHITECT: STO cLos 7Q 70 (NON-CONFORMING LOT LESS THAN 20,00 SF) OD STEPS R ME t S NE•-• -•O LANDING D ELLI G WOOD 11.3, t— YARDS: (PRINCIPAL) FREDERICK R. WEBER NE AO a :':':': W ND F OR STEPS _ FRONT 40 41 EAST MAPLE ROAD FLOOD Lo ELEVA l0 DDITI N "" 2ND STORY SIDE (ONE): 15` GREENLAWN. NY 11140 NO BASE FLOOD CANT.OH BAY 0/H SIDE (BOTH): 35' 52 NOYAC PATH (DEPTH i') :. :. :. _ REAR: 50 WATER MILL. NY 11916 WOOD STEP C7 00 18.1' z HEIGHT (MAX.): 35', (2) STORIES TEL 631 154-5555 NSLATE n Pweberarchltectsphoo.com O m COVERED WOOD PORCH PATIO s FLOOD PLAIN (HOUSE): X O GRILLING MAP NO.: 36103CO 482 - H MODERATE m z L�MI� of ��1ION WALL w O WOOD STEP N w �,, (EFFECTIVE DATE SEPTEMBER 25, 2009) IUAv� O.5'E O W O l./ EE HEDGE r- 2.4'E OD BULK"EA TIE LINES L N WOOD BULKHE c n MON. u i GONG. LINE C t < N 5TEP5 ZONE \/E VE (EL8) tJ FLOOD PLACED -TONES/501ILDERS AS LINE OF ALONG WOOD BULKHEAD o NORTH REV.: SITE PLAN �1EAN HIGH WAT 0, �IMEKOF 5URVE`f m DATE: FEB 14. 2019 A5 OBSERVED 1" = 20'-0" SCALE: 1/4" - 1'-0" g�3I�oI AY JOB NO: n201804 FEC C - DRAWING NO. FINAL MAP �- EVIEWED BY 17f' :SLE DECISION # rr)Q 0 DATED `1 l� 1��� -- --- - --- - OF A4 f K<<1� 061 •ort G I S �--- W r 7 tj 14Y7- - 1 041 I Ir Of F � I M I i IY FINAL MAP V0 05 2010 REVIEWED BY 70PAG DECISION # la%� i I , -ED I I /`/lYN4 al� TOPPER RE .51DENCE 3605 CAMP MINEOLA DRIVE MATTITUCK NY PROPOSED , 2ND FLOOR PLAN m �. FEBRUARY 14, 2019 FREDERICK WEBER, ARCHITECT - �2 51kD "f'iCq — at4l'rtovjt 'L Stites !� tN , I i r + __ — — —f- - -- — --— - ' t 3 L r i r /1 I — FINAL MAP REVIEWED BY ZBA SEE DECISION # / �� �-� �x ti sTcc, <rZ�r�c.►E. \ DATED r- } r ` i 1 , .' I --; _. (��L (,r'��1 d r ♦ t � / 5 i JA.tN ilTax r '• i I l t FINAL MAP REVIEWED BY ZBA SEE DECISION #IM DATED l /71 TT IL lag t - 8 JL i s _.. E44c> Z �, t 4E] 01 -1 ar tI%, �Yy , W I r ' st� cc 123 OUTDOOR SHOWER VI j{ UP bwk - :.UP, RELOCATE 12'-0" WINDOWTO NEW WINDOW @ ICENTER AS LOCATION OF O ~� __ 1 �;7_SHOWN 13 EXISTING HEAD EDGE IQF RAISED I I r I CEIUNIG; I ' ;• , 108 CLOSET i + I 1 I � ® 1 07 - - - - - - - - - - O11RUM I 041 B D 4qI I I �' ' �/ 112 BATHROOM 2 I I 1 i oo D I r' . .._ 107 CLOSET 11] BATHROOM 1 - --- -- - -- 2-6x6-8 - I -- PbOl CLOSET ap 7 �2 D9 I I . 2-01 2' x& 1 - 105 HALL `' 11 102 BEDROOM 2 ✓��'M r 6 D] _ - -- - x \ 11 1 I - - ` I17 T co i � .. i I LI E OF 0 �' �' I 109 LINEN CLOSET \ Q CK TO 109 CLOSET co0 3-4 1)2' 4'-0' m �. 6 �j I 7._ 14 IS RS .5 FJ0 AADS \ �` O 103 DEN •- - - - - - - - -- - - • r - •• CCESS HATCH 110 CLOSET 4 " 1 FLOOR i i ALIGN I 4'POCKET DOOR 1 '1 o r - - - - - -' - - - - - - - - - I e'HEADERFOR 4'1ol1 ! I W/POCKET DOOR f 2 UP 1 +El L - NEW STAIRCASE T - - I - - - - - - - SHEATH WALL W/3/4' rs •� O 1 - - W tn 31 _ I PLYVWU7D2SIDES (� ffi 0' 5"Or ! " FI41 LIVING ROOM t \Z/ 3 f I 1= = = = = _ _ _ = 1'9_-''4" 4- 1. 121 BACK PORCH = I I I LINE OF EX'G 1 NEW 4x4 POST{2}DOWN TO 1 HEADER TO BE XG FOOTING T SUPPOFt NEW BEAM o -••- - ----_.� -+- - - - ---.. _REMI4VED-- 1 _—' _--:s-= _= _-T - � I ( I I - 1 � • UP RE RISfF S. � I I ItNBRIDGE LINE OF NEW STRUICTURE ABOVE ! I -T-81/2-HEAD IF = = = = = = = = = _ _ _L - - = = =:: DO 1STEP 07.5' 1 co I I I I I - - - - - 11 t 122 I F NT R 120 YER I I REMOVE AND REBUILD I - h- -- - - • T -. EDGE OF RAISED CEIL'G AREA a ° C14 EXISTING HEADER I 1 4X4 WOOD POSTS(TYP, @4)WITH SOLID BLOCK! I � SEE SECTION CONTINUOUS TO NEW PIEF(S FROM BRIDGE , 1 1 I r -FRAMING-ABOVE- - - - - - - - - - - -a I I NEW&HEADER I T I * :, :� t°.•{ 's I - •-7 L I UNE OF EX'G SOFFIT +s ., .o� tu - - - -- - - - - - ' DOW 4 2SES19 7.6' ----�--—_----- - fi -- - ----- -- O J —� 2 1 _812"H D. - - - - -,-- - - - - - - - - - - k. • V ry SHEATH WALL W/1/2" - I + _..►1w I PLYWOOD 2 SIDES 2-848 t ACCES TC - I -pJF - - - - - - - - - - - - TO c L SPA E._. 3''24' f LINE OF EX'G ®STOMA V1141 SERVI GARAGE WALL AND �r' 1 1 DO 3 R 1 �- \ 1OSS.- NEW BEAM7'E 1 3�2" 11/2 HF FATED - PARTIT11ONS x I � -`{� � T0PPER RESIDENCE 1 - *— Ix s I 1 • �,ow° + I , --- 3605 CAMP MINEOLA DRIVE I 11 CfJ T CLOS I ao HOTW/LT RHEATE 113 KIT EN NATTITUCK NY cc 27 1 1 116 C CT —� 1 ' K 1'-4` Q t w 109 GARAGE I I I L--- O11 0° EXISTING c� `` d 117 ND Y I rnoe --- --- -- I 00 I J 11" IST FLOOR PLAN zI I EDGE OF 8 —0 t _e I 0 N I ( N� x I� 7u = Ir—On Oz I"S—RSAAIDCEIL'G I I 2'-111!2 - TYP. LINE OF 1 i taMh <J k S✓ r Lr�,� 4�t �"'r✓-'3 CSI N ��?�. Cil `•, EX'G BEAM T4 ` 1 r - - -- - - I 21 REMAIN I O {�1 (���C'Ta (�� ._ �t�-•'�'.:-' - 2-8x6.8 EXYi ELEC.SERVICE 130)(_-Y, OX I I °"'�' _ - - N i - IT O �. k 5 I 24 .. b�. �� �Iv Cs? .o �/ CLOSE DOG OPENING im UP 1 I - ! TYP, s t) OUTDOOR HOSE I ` ClASft-EX'G l7ftG=' BIB NEW BAY PROTECTION A CANTED OVER U 3'-2" 3 1 " V-8" G-80 J CANT.BAY PROTECTION 1 ��4 Sze 32 J 33 29 2'X2'SKYLIGHT --4 2 u� TYP. { 2 205 CLOSET a --- - O — — — — — — — — — —13 I 1 206 c0 t i I 104 BEDROOM I 204 MASTER BATH I _ I 207 ME NlCAL ; UPPER PORTION --1 ACCESS PANEL IN KNEE WALT. ` ®1 cO I 1 �r O '. 1 N . �! N I . 1 ---" --- 203 1 MAS ER BEDRM. I I 103-41 DEN FI I UPPE PORTION f I ALlG WIDOWS �\ ( o i a a. M� 1 DORS BELOW ! 1 / pILI •'�\ I ! a 37 , 1 I " � _i 1 14 RISEF S { ) .5"EA. 1 °T EAD EA3 4X4 POST Cit RIDGE BEAM I WE l is MISER(9 7.10 ROUTE OF 5 , I POSS.E-W _ I� 4 MIN. I 1 p LAL16N WITH LIVING ROOM WIC w I DUCT.8`x12"! i 3 I � w % I PIP TIIEATH'G THESE WAL I I �y� �— 201 STAIRH AU' I ROOF OF PORCH I LINE:OF EX'G F1� E BEAM� BE owO LtV!NG A I 202 IBRIDGE 1 . I V { 1 I— — 1 �j PEN TO LIVING ROOM — —__ C.L H0USE —•--•------• I •_-- - —--- — ---- -- — -- — � I 2 — — — — III ! \ _ O_' ZD "' % I 1"6"GLAZED DOOR I' I I ' °I Co --.._--- --— •— -- —.. _.._ — — — ._.._.. _ — — - ---------- ----7- --tr �j- ---- =�- 1 ..—.. —.. �.._.._. _. _— .-GL.ENTRANCE— t• _ ! t-- r -----; $ ! ViA 2't1iS t I I / , FIXED GLAZED Iv Till] / O X4 WOOD P T {TYP, @4)WITH SOLI BLOOK NG I / ` I ANELS,TYP. w NTINUOUS O NEW PIR FROM BRI GE w Iy^a�T&dC�I�m)l�l{C�UI FRAMING ABOVV 40 I I Lu i r // �'' o I I 03 41 I I TOSS UCT UP i RISE 0 71/2" n ' \ / I CHASE THIS WALL 2 SIDES co ` TOPPER N ` 42 I y I RESIDENCE 208 1 BEDROOM 3 i I \\ %/ f HVAC - , I I ! 3605 CAMP MINEOLA DRIVE CD2'10• I 209 CLOSET _M 4�}`{� MATTITUCK NY 28 I I12111 MECH.ROOM r?; 1 119 i I i i .,j 210 BATHROOM 3 43 , I EXISTING UPPFR PORTION % 2ND FLOOR PLAN 0- - - - - - - - - - - - - - - - - - ! I21 3 :'2-7" / ! I1 POS E UC AQ, V.iv It <-'l 1`✓`"tai�.t.. � I I A "n, ,' I i , 1� OFFICE LOCATION: ®� S S�S°Ol MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 ® 54375 State Route 25 1 l Southold,NY 11971 1�s f cor.Main Rd. &Youngs Ave.) N Southold,NY 11971 2::�_% Telephone: 631765-1938 lepoUNo LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD f�EG�IUEC� MEMORANDUM �G�g JUN � To: Leslie Members of the,Z Zoning Board of Appeals ir ZONING BOARD OF APPEAU� From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date June 24, 2019 Re: LWRP Coastal Consistency Review for ZBA File Ref LEWIS TOPPER#7296 SCTM# 1000-123-6-12.4. LEWIS TOPPER#7296 - Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's March 1, 2019,Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, legalize "as built"trellis addition over patio and to legalize the"as built" accessory shed; at; 1)proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2)proposed addition to the single family dwelling located less than the code required minimum rear yard setback of 35 feet; 3)proposed construction is more than the code permitted maximum lot coverage of 20%; 4) "as-built" shed located in other than the rear yard; at: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck,NY. SCTM#1000-123-6-12.4. 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,the proposed action is recommended as INCONSISTENT with the below LWRP policies. 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. The as-built trellis and shed were constructed without obtaining required review or permits. As-built development does not minimize adverse effects of development by setting precedent and reinforces a traditional land use pattern of the Town of Southold that is not supported. The proposed action does not meet this policy. Policy 4. Minimizes loss of life, structures, and natural resources from flooding and erosion The as built frame shed is located within the FEMA AE Elevation 6' flood zone and is subject to loss from storm events. During Tropical Storm Sandy this area flooded. The proposal to increase lot coverage to over the permitted 20 percent is not supported in this hazard area(assuming the as built shed is the reason the application exceeds the 20 percent). The proposed second story addition is recommended as EXEMPT from 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 bVI �b 4.1 q—<Z& �Le COUNTY OF SUFFOLK RECEIVED tzi- mew MAR 29 2019 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE ` - _- Theresa Ward Department of Deputy County Executive and Commissioner Economic Development and Planning March 25, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: 9 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 Topper, Lewis #7296 Cammann, Phillip #7297 Hough, Timothy #7298SE Staples, Halsey& Janet #7299SE Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner Division of Planning & Environment TRK/cd H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th 171 ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 RECEIVED FORM N0. 3 MAR 0 5 2019 TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE:March 1,2019 Frederick Weber(Topper) 41 East Maple Road Greenlawn,NY 11740 Please take notice that your application dated February 19, 2019: For permit to construct additions and alterations to existing single-family dwelling, legalize"as built"trellis addition over patio and to legalize the"as built"accessory shed at: Location of property: 3605 Camp Mineola Road,Mattituck,NY County Tax Map No. 1000 -Section 123 Block 6 Lot 12.4 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 18,901 sq. ft. lot(16,471 sq. ft.buildable-land) in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and a rear yard setback of 35 feet. The pEoposed construction has a front vard setback of 18.1 feet and a rear yard setback of 17.2 feet (1�72 In addition, the"as built"shd is not permitted pursuant to Article III Section 280-15, which states accessory buildings and structures shall be located in the required rear yard, or"in case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front yard principal setback requirements." The shed is located in the side yard. Lastly, the"as built"shed and trellis addition over patio is not permitted pursuant to Article XXIH Section 280-124, non-conforming lots,which states lots measuring less than 20,000 square feet in total size requires maximum lot coverage of 20%. The tot`1 llo t coverage is at 23%. Authorized 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. Fee:$ Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS BAR ® 5 2M AREA VARIANCE ZONING BOARD OFAPPEALS House No: ���7�Street � � Hamlet �(.<_ SCTM 1000 Section t L'�7 Block C-0 Lot(s) 1,7-e4 Lot Size((-,41 IsrA Zone Z�y'[kI�CPI t10 S,�, C51m ►,t;t#t4jp) I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDN/' j I U10) BASED ON SURVEY/SITE PLAN DATEDFIX,,d,101`). Owner(s): l.Poj 4,_ MailingAddress:11q- Il2U I>", Telephone:bl W-till Fax: Email: Lj C,r-01 e ag .coyy-� 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: jQ for�I KOwner( )Other: Address: SCI r*r>� � , . 1II fN Telephone:�fo`A*1545155GFax: Email.= W4WefQ-rr-W1ie-_ eoy-v,&0h-N Please check to specify who you wish correspondence to he mailed to,from the above names. ( )Applicant/Owner(s), Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED T�-&J%1019 and DENIED AN APPLICATION DATED 1199%3FOR: Building Permit ( )Certificate of Occupancy O Pre-Certificate of Occupancy ( )Change of Use KPermit for As-Built Construction ( )Other: Provision of the Zoning Ordinance-Appealed.-(Indicate Article,Section,Subsection_o_f_Zoning Ordinance by numbers.Do not quote the code.) 1 �I Article: Section: "��� - Subsection: r7 } 1 O A 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 las, ( )has not been made at any time with respect to this property.UNDER Appeal No(s 122 Year(s). fa S I (Please be sure to research before completing this question or call our office for assista4ce Name of Owner-." 1 " % ZBA File# ,= -- . f 'REASONS FOR APPEAL rse be specie,additional sheets may be used i n_eparer's 2°1 door Additions-Front&Rear Yards(Article XXIII Section 280-124): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby t;kECEJVED properties if granted,because: MAR ® 5 W9 The location of the house on the lot is consistent with the other bayfront houses in this area.The 2111 floor additions proposed are over the existing house footprint and are in keeping with the architectural character of the nearby properties. ZONING BOAR®OF APPEALS 2.The benefit soujht by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: The benefit sought is the expansion of the two minimal 2nd floor bedroom,bath and closet areas.The lot is approximately 90'wide with a 35'wide required front and rear yard setbacks leaving only a narrow conforming location for a 2nd floor addition.As the center section of the existing house is already a two- story living space with an open lot it is only feasible to locate the bedroom expansion areas on either side in the setbacks areas. 3.The amount ofrelief requested is not substantial because: The variance request only becomes necessary because of the presence of a road/bay access ROAD on the west side of the property which flips the front and rear yards from the typical bayfront(south)and landward yard(north)to the east/west sides.The existing setbacks will be maintained(front 18.1'&rear 17.2'),but the 2nd floor additions will increase non-conformity. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: There will be little physical impact as the proposed 2nd floor house additions will still be separated from the property to the west by a 25'ROW while the property to the east is owned by other family members.The proposed additions will only be constructed over the existing house footprint on a fully bulkheaded property limiting any environmental impact. 5.Has the alleged difficulty been self-created? { }Yes,or NO Why: No-The non-conforming location of the house on the site was a given condition when the property was purchased.The footprint will remain the same. Are there any Covenants or Restrictions concerning this land? {}No { }Yes(please furnish a copy) This is the NBNDAUM 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. Signture of Applicant or Aut orized Agent (Agen must submit written Authorization from Owner} Sworn to before me this 6'r,day of M44ZW .20 Tq RYAN S RAMKISSOON Notary Public-state of New York NO.01RA6309781 Qualified in Suffolk County My Commission Expires Aug 18.2022 Notary Public "As BuRV'Sited(Article III Section 280-15): There is a CO for an existing shed.The existing shed is setback greater than the required 5'from both the side and rear property lines.Its location is typical of other waterfront properties in the area,but again because of the presence of a road/bay access ROW on the west side of the property,the front and rear yards of a typical bayfront(north&south)are"flipped"to the east and west sides.Therefore,the shed ends up in a side yard,but its location is screened from neighbors and is not objectionable. "As Built"Shed&Trellis w/Lot Coverage(Article XXIII Section 280-124): There is a CO for an"as-built"shed which should have been factored into lot coverage.The entry trellis is not a dense structure and provides a"green"covering over the entry patio.It was built before the Zoning Code change(approximately 2012)which defined"buildable land"and reduced lot coverage by eliminating land beyond the bulkhead from area calculations.If the entire lot was factored into lot coverage at the time of the trellis construction,the coverage would have been the allowable 20%. RECEIVED ('OMAR Q 5 2015 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: OMelo ' DATE PREPARED: � O.0�9 1.For Demolition of Existing Building Areas Please describe areas being removed: FCl.. 2t-� FTa `XA . U.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: \1 Dimensions of new second floor: S -L a'F Dimensions of floor above second level: INo0'G; Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: W ", �(,��'(1fl.° Gip-1Nt_ �� 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: m 6 s tky,i Z- �)W AA: 4 -W E� �1 CAA�3Q� 6A�LG R00S� 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: IYT90 9VT; Proposed increase of building coverage: %9M0- '`lam 29'¢'&5)&U t�.l Square footage of your lot: ` O S. �`Z �, Ott l ► f.ate Percentage of coverage of your lot by building area: -to aw, m k1 V.Purpose of New Construction: 11 t wg Vj 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): W .c 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 t '�= /4>ba'WN& OVLR m QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEVED A. Is the subject premises listed on the real estate market for sale? MAR 0 5 201,q Yes _>�,No ZONING,BOARD OF APPEALS, B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? 6E1W jp,-v� E3oiq,uD�—sem 3.)Is the property bulk headed between the wetlands area and the upland building /qJ 0 1Y4tW' area? �1 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: rte' "a. M, > Vb&4-tio R,, 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,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? P 0 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? W© 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. p\.uo pn e''1 iaja T s I. Please list present use or operations conducted at this parcel 6r'1t%4L9 1%UA P W0_U b, and the proposed use S;V0 L% T--AYA�t:�A V\AJ 3LA_JdQS W/ q.aj > Ktqpt /ko-p moi,®pJ C_�;' (ex: existing single family,proposed: same with garage,pool or other) aw'_ A �� Au orized signature and Date R�CEXVEID -7Q910 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ZONING BOARD OPAPPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 2. Address of Applicant: 4l 1Fo�ywA-9Lz %RP/-p, �,U 6-4P- tom, WM L 3. Name of Land Owner(if other than Applicant): V- T® 4. Address of Land Owner: El'2 1RONSAAlE, PUCZ. 5. Description Proposed Project: ' 7445 esa Stil`1aoLJii�,n �L'U 6. Location of Property: (road and Tay map number) '9� 0 CAV MWtU .PI;,�����K, �°Z�"6®1 2.a 7. Is the parcel within 500 feet of a farm operation? { } Yes No 8. Is this parcel actively farmed? { } Yes , No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Pleas se the of this page if there are additional property owners) Sign4re of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. 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 ltr_CEIVb*f Appendix MAR 0 5 -2019 Short Environmental Assessment Form ZONING BOARD OFAPPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to fiuther 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: t� � tt� C 2 K ��Tl� Project Location(describe,and attach a location map): Brief Description of Proposed Action: �T )�P Telephone: 15eName of Applicant or Sponsor: � Q� ` IF> J E-Mail: Address: City/PO, •� ��� Stade: 'V� Zi�i;de: � 1.Does the tproposed action only involve the legislative adoption of a plan,local law,ordinance, NO OYES 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: TOW W N o f -Sou-lm-Lb '2--0 lid � xuAQ 33U LLv i ,-- 3.a.Total acreage of the site of the proposed action? !t 5 acres b.Total acreage to be physically disturbed? I.lo 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 >4kural(non-agriculture) ❑Industrial ❑Commercial Xaesidential(suburban) ❑Forest ❑Agriculture Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed 'on, MAR 0 2019, NO YES N/A a.A permitte use der the zoning regulations? ZONING BOARD OF APPEALS X b.Consistent with the adopted comprehensive plan? X 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 X b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existin public/ rivate water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities?� - 1 NO YES If No,describe method for providing wastewater treatment: (P � ti�17Z� J 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X 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: "MeShoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban XSuburban 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? X 16.Is the project site located in the 100 year flood plain? V"_ }�_4 R44�qC) lZoWE; X 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? 'XNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO)KYES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the im oundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? �2 CEIVED If Yes,explain purpose and size: MAR 0 5 2M Y��I 4 19.Has the site of the proposed action or an adjoining property been the loca on an a i^ o to NO YES solid waste management facility? x 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 1 1., 6,� Applicant/spons n �fV rte' --ems ` Date: V� � ( Signature: nTA VII 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 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. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in'an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements 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. -7 RECEIVED MAR 0 5 2019 ZONING BOARD C)FAPPEAL3 ❑ 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 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE.AV. Appeal No. 161 Dated April 179 3.959 RECEIVED ACTION OF THE ZONING BOARD OF APPEALS OFJOWN OF SOUTHOLD TO 16 . LOOMslyn D. Novell Appen9R 0 6 20S Mineola, Nov York ZONING BOARD OF APPEALS At a meeting of the Zoning Board of Appeals on Thtirsdaly, April 309 1959 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special permit under the Zoning Ordinance ( jl Request for a variance to the Zoning Ordinance 3. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article.................... Section.................... Subsection................ paragraph.................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) r be reversed { ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordin nce (would) prtto��duce undue hardshipbecause mare fire eeapi laid out �6to'd He� ion andY 100 ft. �au*1ar IaTi d is =unique an� (would not) be shored by all properties alike in the immediate vicinity of this property and in the same use district because VAS is the only 100 ft. parcel surrounded by 50 ft. lots. (c) The variance (does) (cam) observe the spirit of the Ordinance and ARM11W (would not) change the character of the district because the lot ve l+d be in conformance vith the entire areaand would laprove the area by enlarging the surround- ing lots. and therefore, it was further determined that the requested variance ( a}be granted( )be denied and that the previous decisions of the Building Inspector( )be confirmed ( ) be reversed joestion of the"propertys On a private road, vest side of Camp Mineola Aoadq Kattitack, Nov Yorkg and bounded north by right-cf-vayg east by Buland,"south by Great Peconic Bayq and vest by Cahill. N1 1gAlkDo APPEALS �ha►cm ,%A .— m Secretary Form ZB4 4 � J ,c.•,�p<.•._ .� - -. .. ;•r. '°^r.A:-?P,',: �•y��n,�•:54t:,--.-y.c•".u:;,.,.rW'rrs:•:r�:.ks.,vr.,�u--•*oa::-.r_.ti?Y+'w�Y•.^•.-+;+.-r•: TOWN OF SOUTHOLD.NSW Tom DATE 1/6181_ —7 ACTION OF THE ZONING BOMW OF APPEALS Appeal Nov 2773 Application Dated December 22, 1980 MAR ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD - 'fl���B' °`e To Richard F. Lark, Esq., as attorney for Ap2'li1GBOARL) .Mr. Joseph D. Pos.illico,•-Sr. at a meeting of the Zoning Board of Appeals on January 22, 1981 , the appeal was considered and the action Indicated below was taken on your (X) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31, Art. XI, Sec. t ) 100-118E 1. XYPh"��'aD'b0( ;GXXIditfiXo$�Xzi{XHYallXdeicj(titiiL+EtX9(�XXe`t�eptfoa ( ) be granted ( ) be denied pursuant to Article. .__. Section -- Subsection ... _ paragraph ....._.......... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Public Hearing: 8:35 p.m. Application of Joseph D. Posillico Sr. , Hemlock Drive, Farmin dale, NY 11973 by Richard ark, sq. ) for Variances to: , ?a) the Zoning Ordinance, Art. III, Sec. 100-31 , and Art. XI, Sec. 100-11BE for permission to construct new dwelling.with insufficient front and rear yards; and (b) New York Town Law, Sec. 280-a for approval of access. Location of property: Camp Mineola Road (a/k/a Reeve _ Avenue), Mattituck, NY; bounded north by Corwin; west by Private Road and Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. _(SEE REVERSE SIDE) 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance(would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (IS not)-unique and (would) (would not) be shared by all properties alike In the Immediate vicinity of this property and In the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the.Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 N After investigation and personal inspection, the Board finds Ways) as follows: Appellant has appealed to this Board 'seeking a variance for MAR 0 permission to construct a one-family dwelling with a setback- from linew'oft15lfeet. The ropertpremisesline of linfquestioneet and fismapproximatelthe y,-90ofeetPNzNG ®ASD�F APP�g� in depth and an average of 200- feet in length. Existing on the premises is a one-story framed bungalow., which'applicant intends to remove entirely,-and which is presently approximately three feet from the westerly property line. Upon inspecting the general area, the Board finds many of the existing dwellings to have substantial - insufficient frontyard and sideyard setbacks and that the granting . of insufficient setbacks in the. front and rear yard areas would not change the character of the district_ The Board finds that the relief requested in,relation to the Code requirements is not substantial; that if the variance is granted no substantial detriment to adjoining properties will be created; that no adverse effect is produced on available governmental facilities of any increased population; that no substantial change is produced in the character of the neighbor- hood; and that the interest-s of justice will be served by grant- Ing the' variance with certain conditions, specified bel-ow. On -motion by Mr. Goehri,nger, seconded by Mr. Douglass, it was RESOLVED, that Joseph D. Posillico Sr. be __ ra��nte�dd a vari- ance to the zoning ordinance, Art. III, Sec-, 100-3-331 and Art. XI, Sec. 100-118E for permission to construct dwelling SUBJECT TO THE FOLLOWING CONDITIONS, and be granted_ approval of access: (1) , That the dwelling not be constructed closer than171 feet to the westerly property line [frontyard line], _and that the dwelling not be constructed closer than 17$ feet to the easterly property line [rearyard area]; ,(2) That the dwelling be constructed so that it does not protrude forward towards the Bay [south] of the easterly neighbor's existing dwelling; (3) That compliance be met of- the regulations of the Flood Damage Prevention Law f the Town of Southold.- Location of property: Camp Mineola Road (a/k/a Reeve Avenue), Mattituck, NY;-bounded north by Corwin; west by Private Road- and . Corwin; south by Bay; east by McMahon; County Tax Map Item No. 1000-123-6-12.4. Vote of the- Board: Ayes: Messrs. Grigonis, Doyen, Douglass, Goehringer and Sawicki. APPROVED RECEIVED AND FI_ D BY *@111MIR bard Of� �' ' TE-,.: soLi�IG�.D TOZ`Td cr.EcM ' peals DATE'.2/6/Rl HOJI3 Totin Clerk, Town of S utl:old p��� END TOWN OF SOUTHOLD,rawTOSM DATE..VAMP 0 8 20?9 ACTION OF THE ZONING SOMW OF A"SALS -70NI 9G BOARD OF APPEALS Appeal No. 2938 by application Dated December 11, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTROLD To Mr, Joseph D. Posillico, Sr. Appellant 100 Broadhollow Road Farmingdale, NY 11735 at a meeting of the Zoning Board of Appeals on February 4, 1982 the appeal was considered and the action indicated below was taken on your ( )Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (g) Request for a variance to the Zoning Ordinance Art. III, Section 100-35 1• X8Dc7tQto9�]t7tt8J4Se LeIC ( ) be granted ( ) be denied pursuant to Article................... Section Subsection _.......__...._. paragraph ................. of the Zoning Ordinance and the decision of the Building Inspector ( ') be reversed ( ) be aNwwzrcw=x Public Hearing: 2/4/82: Application of Joseph D. Posillico, Sr. , 3605 Camp Mineola Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-35 for permission to construct fence exceeding four feet. in height along the frontyard area at 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by_ Private Road, Corwin; County Tax Map Parcel No. 1000-123-6-12.4. (SEE REVERSE SIDE) 2. VARIANCE`By resolution of the Board it was determined that (a) Strict application of the Ordinance(would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because (SEE REVERSE SIDE) and therefore, it was ffuuSrtthh�err determined that the requested variance ( ) be granted ( ) be denied and that theI�IDATE4/, j, !* li �u�g��(�� Confirmed ( ) be reversed GPG:lk THE SOUTHOLD TOvlid CLERK W. a HOUR/D: P. Goehringer, Chainnwi y Zo G BOARD OF APPEALS FORM ZE ,�✓�1 own a—k, Tbt�o . or By this appeal, appellant seeks permission to construct approximately 180 feet in length of six-foot high fenc- ing on the westerly property line abutting the private road. Applicant has stated that he needs the fencing over four feet high (four feet is permitted by the zoning code) for privacy J from vehicles parked on the dead-end road. Applicant has not set forth for the record practical difficulties, nor has the burden of proof for economic injury, effect of variance on the character of the neighborhood, or uniqueness been shown. MAR �p8 In viewing the properties in the neighborhood, the board has found that fences that have been constructed are not in exc of four feet high. It is the opinion of the board that thet�" �AR[ granting of the relief requested would not substantiate justi- fication therefor. In considering this appeal, the board determines that the variance request is substantial in relation to the code require- ments; that the circumstances herein are not unique; that by allowing the variance a detriment to adjoining properties would be created; that the difficulty can be obviated by a method, feasible to appellant, other than a variance; that the relief requested will not be in harmony with or promote the general purposes of zoning; and that,the -interests of justice will not be served by allowing the variance. On motion by Mr. Doyen, seconded by Mr. Douglass, it was RESOLVED, to deny the application of Joseph D. Posillico, Sr, as applied for in Appeal No. 2938. Location of Property: 3605 Camp Mineola Road, Mattituck, NY; bounded north by Corwin; east by McMahon; south by the bay; west by Private Road, Corwin; County Tax Map Parcel 1000-123-6- 12.4. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Douglass. (Member Sawicki was absent.) APPROVED Chairman Board of Appeals -..W..v:• - ..._.,,�„f ;a+;r_._r:�Re,,'�is:.+....vr�...:.ei._•....P w<r•y.•a-i .=. .+ .._ ,.__. .r '•..�^ -4�:-- •'a:` + 'r.....- APPEALS BOARD MEMBERSVFFO( O�S �Cp Southold Town Hall Gerard P.Goehringer,Chairman �� � 53095 Main Road, o - P.O.Box 1179 •4ydia X Tortora, o = George Horning • Southold,New York 11971-0959 Ruth D.Oliva �' 0! ZBA Fax(631)765-9064 Vincent Orlando �p1 �►� Telephone(631)7654809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD tle� ��ln r1C� FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 25,2002of BAR A 1.No.5139-VINCENT and DIANA CARVELLI NTNG BOAR,) �Pp Property Location: 3605 Camp Mineola Road,Mattituck CTM#123-6-12.4 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 as a setback or lot line request. PROPERTY FACTS/DESCRIPTION: The applicant's property is located on the east side of Camp Mineola Road (a private right-of-way), in Mattituck. The property is improved with a single-family dwelling and the lot'consists of a total area of 18,901-sq.ft.-(to the line of mean high water and owners' property deed). BASIS OF APPLICATION: Building Department's July 2, 2002 Amended Notice of Disapproval for the reason,that applicants' proposed dwelling additions and alterations do not meet the minimum setbacks from the rear lot line, front lot line, lot line to the bulkhead, and lot coverage is in excess of the total 20% lot area, as required under Sections 100-239.4B, 100-242A, 100-244B, 100-30A.4 (100- 33),Bulk Schedule,of Chapter 100(Zoning). FMDMGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 25,2002, at which time written and oral evidence was presented. Based upon all�testimony, documentation, personal' inspection of the property and the area, and other evidence,the Zoning Board funds the following facts to be true and relevant. AREA VARIANCE RELIEF REOMTED: Applicants were disapproved in their building permit application to the Building Department for additions,and alterations to the existing dwelling: please see plans prepared by David.Bers Architecture dated 6/6/02, received by ZBA Office June 13, 2002. Applicants request a new 24 sq. ft. stoop-and kitchen window at the west side, a new 6' x 12' stoop at the east side, a new deck after removal of the existing deck at the south side,proposed two dormers (in addition to the center two dormers which received a Building Permit prior to this determination) over the existing first floor,and proposed accessory swimming pool in the northerly yard area. REASONS FOR BOARD ACTION: Based on the testimony'and record before the Board and personal inspection,the Board made'the following findings: 1. Grant of the area variance will not produce an undesirable change in the character 'of the neighborhood or detriment to nearby properties. The applicants have proposed alterations and additions to a pre-existing, non-conforming building which do not significantly change the variance granted in Appeal #2773 of January 1981. The proposed pool is.to'be situated in the only available ` Page 2-July 25,2002 ZBA Appl.No.5139-V.and D.Carvelli Parcel 123-6=12.4 at Mattituck RFCENED MAR 0 6 NIS YohiYm BOARD OF APPEALS location, in the most landward (northerly) section of the property, considering applicants' property fronts along the water on the south side. 2. The benefit sought by the applicant cannot be achieved by some method, possible for the applicant to pursue, other than an area variance. The pre-existing, non-conforming building on this property can not be relocated to conform to code without extreme hardship to the applicant. The proposed pool will be an accessory structure in the northerly yard, with a setback of+-50 feet-from Camp Mineola Road,23 ft.from the east line,and 40+-feet from the north line at its closest points. 3. The variances granted are not substantial. Total lot coverage will be less than 20% including the area of the property measured to the mean high tide line and noted on the property survey submitted by the applicant, and less than 22% if the property below the mean high tide line is excluded in the lot's square foot area measurement. 4. The variance granted will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Grant of the requested variances is the minimum action necessary and adequate to enable this applicant to enjoy the benefit of building alterations and the addition of a pool. BOARD RESOLUTION: On motion by Member Horning,seconded by Member Orlando,it was RESOLVED,to GRANT the variances,as applied for. 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 Goehringer anrm ,H g, and an NAY: Member Tortora. (Absent was Member Oliva.) This olution dul adopted(3 GG:GH o ringer, an FILED Biri TIS SflUi11GD TOWN C'iZs'LK D q` t`oZ lo�l� e � Town aerk, Town. of ' C1�:yCit1 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. 6 YOUR NAME (Last name,first name,laiddle initial,unless you are applying in the name of someone else or other entity,such a'M�����[� company.If so,indicate the other persons or company's name.) TYPE OF APPLICATION:(Check all that apply) {BAR ® 6 9099 Tax grievance Building Permit Variance X Trustee Permit MEND BOARD OF APPEALS 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 X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thiV �kof .20� Signature Print Name 6*,- � � RECEIVED " MAR 0 5 -20191 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME• 12 fF I w � •(Last na�r name,w dle 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 X. 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 applicantlagent/representative)and the town officer or employee. Either check the appropriate line A)through I))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 �` d ofi5 �20 / Signature /� Print Name I e� Town of SoutholdIRECEIVED LWRP CONSISTENCE'ASSESSMENT FORM MAR 0 5 20pq A., INSTRUCTIONS ZONING SOARI)OPAPPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor_exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. . 2. Before answering the questions in Section C, the preparer of this form 'should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# kdw - I 1�-,p _ 6, " 12.,A The Application has been submitted to(check appropriate response): Town Board © Planning Dept. © Building Dept. 5-4— Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit pro al 'cense,certification: Nature and exte t of action: I I • Location of action: (®+ Site acreage: t£:j �� `'�� �� � r54ta_,T> LZ � - Present land use: � NV4t_:y 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: - gr. w��,��' �' 'd a� ®`��'ep,) (b) Mailing address: -7o to (c) Telephone number:Area Code(��� � �- MAR mg (d) Application number,if any: ZONIRG SOAR 10FAPPEAL Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ Noa 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,snakes efficient use of infrastructure,snakes beneficial use of a coastal location,and minimizes adverse effects of development. See LVdZP Section III-Policies;Page 2'for evaluation criteria. . Yes ❑ Into ❑ Not Applicable PO5 M_ DVjjQt4SZ t;�o ° !� 104 ,TIW(� 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 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LUMP Section III—Policies Pages 6 through 7 for evaluation criteria ,R Yes Q No Q Not Applicable Ate' Attach additional sheets if necessary MAR 15 -2019 NATURAL COAST POLICIES ZONING BOARD OF APPEALS Policy 4. Minimize floss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes ] 'N�o © QNot Applicable 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 R Yes © No IF974Not 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. Q Yes R NoNot Applicable A RC gg D PAR DFAPPEALS 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 ❑ Nob Not Applicable Attach additional sheets if necessary Policy 8. A inimize 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 ❑ Nox Not Applicable 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. YeE] No© Not Applicable Attach additional sheets if necessary WORDING 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 • " 7-De RECEIVED ,AN 9 6 ZONING BOAR®OFAPP 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❑ Not Applicable �c t 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 ❑ N Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies;Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No Not Applicable Created on 512510511:20 AM RECEIVED Board of Zoning Appeals Application MAR 0 5 2019 ZONING E30ARD 4FAPPFAi AUTHORIZATION (Where the Applicant is not the Owner) I, Lew 4� �� �-.,. residing at (Print property owner's name) (Mailing Address) 2-3 do hereby authorize 1 (Agent) _to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) (Print Owner's Name) FORM NO. 4 r 0' RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MAR Office of the Building Inspector Town Hall ZONING g®pR®®F APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-30911 Date: 05/13/05 THIS CERTIFIES that the building ALTERATIONS Location of Property: 3605 CAMP MINEOLA RD. MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 123 Block 6 Lot 12.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 18, 2005 pursuant to which Building Permit No. 31064-Z dated APRIL 18, 2005 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 INTERIOR ALTERATIONS TO EXISTING SINGLE -FAMILY DWELLING AS APPLIED FOR. The certificate is issued to VINCENT & DIANA CARVELLI (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO.' 02-2564 12/13/02 PLUMBERS CERTIFICATION DATED 04/14/05 V.CARVELLI Authorized Signature Rev. 1/81 FORM NO.4 -7 a� RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT MAR 0 5 z,019 Office of the Building Inspector Town Hall Southold, N.Y. ZC)NI 9G BOARD OF APpEALB Certificate Of Occupancy No. . .Z 14153. . . . . . . . . Date . . . . . . anuaxY. . . . 15. . . . . . . . . . . . 19 P6. THIS CERTIFIES that the building . . . . . .4-cessory; . Location of Property 3605 Came Mineola Rd.. . . . . . , . . Mattituck House No. Street Ham%t 06 County Tax Map No. 1000 Section . . . . 12. . . . . .Block . . . . . . . . . . . . . . .Lot . . . 012.004 . Subdivision . . . . . . . . . .X. . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated 4ugust. 9. . . . . . . . . , 19 .83 pursuant to which Building Permit No. , 125632 . dated . . . .S9PVember. . .4. . . . . . . . . . . 19 .$3 ,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 . . . . . . . . . . . _-----_ New.Accessory. Building--Tool Shed. ------- The certificate is issued to . . . . . . . . . . . . . . POSILLTCO, JOSEPH & ANGELA . . . . . . . . . . . . . . . . . . (owner,kAseamwmmmiV of the aforesaid building. Suffolk County Department of Health Approval . . . . . WX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . NfR „ Building Inspector Rev.1/81 FORM N0.4 �✓�(�,� TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENt, Office of the Building Inspector MAR 0 6 2019 Town Hall ' Southold, N.Y. ' BONING BOARD OF APPEU Certificate Of Occupancy No. .11092. . . . . . . . . . . Date . . . ... . . . . . . . . . . . . July. .2D. . . . . . . .. 19 82. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . .3G05.G441p.Nine¢la.RQad,.MANt!xuck. . . . . . . . . . . . . . . . . . . . . . House No. Street �Ham%t County Tax Map No. 1000 Section . . 173. . . . . . .Block . . ; . . . . . . . . .Lot . . . . .1.2..4, . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit.heretofore filed in this office dated . . . . . . . . . . . . . . . . . . . . . . 19 . . .pursuant to which Building Permit No. . . 112.3.2. . , , , , :, , , , , , dated . .?91Y. 1. . . . . . . . . . . . . . . . . . . . 19 .8 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 . . . . . . . . . . . .One,Famely.DVe11i•ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to .Joseph.Posillico. . . . . : . . . . . . . . . . . . . . . . . . . . . . . . (owner,lessee o � rtenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE NO. .Fe1�10itig. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J y��yP Building•Inspector Rev.1/81 CIE U- i Q CO z was alls z 0 Ar 4 tu � a cc z z Q \ � �. • ♦ � • `� 'Nye•. '��,�j f. , �'� 'e''' "'` ' ,�: rn ,. ,_ � .. ._ �.. ... ...��.� .�.: s:..,, �; 'h ;4yy �5 ��s'A �Ryc°iley r. ��: ,, , _. ,, ' � „_ _ -- -- _ �t �. . � , �. -. M _. � � _. _:k� +"., �. ,. '"' �';.' � ��' '�{ • ,: � '' � i t �� - - � - � ;.� _J ,. �'' ►- { ��� _ ` ., �����L. ��. to � � F yr / � r � `��Xr�` s I � � fir,.� ,�� � i RECEIVED JUL - 3 2019 Zoning Board of Appeals us snag T � �. � V. •� =1• a ���.,'+► �.�, � �/�r.f9�a,A�j�1 .i�'e�r�l ___►�Te� :i�i�s si � I i --7) -1 )11 RECEIVED 1 ' Zoning Board oAppeals + �' fit' ►� 1' 1. :qty �•. ' k4 .fa %� RECEIUEn MAR A 6 2aig ZONING BOARD OF APPEALS Blip Al �� W CLW YORK STAT, PXAMENT OF MM'ROI MIM COQ; 'r�iT10N Regulatory Affairs IbW� Bldg. 40, SM47---Room-Ug—" Stony 1 )pWWNT``13794 ` xM K• 16� 751-7900 (ceea RECEIVED . MAR ® 5 2019 kd c� 7��IYtl��g0AR�5 Dear t 11 V . 01$'1 �+�Cts; OF APPF •A review has been made of your proposal, to. Com.>��� � a' X 1 � ' �o � ,,�"%%�.� ,� �.c�.t►� � � -,� Location: i 'l r,wqU CA, 90 win CU New York Statepartment of Environmental Conservation has found the parcel project to be. Greater than 300' from inventoried tidal wetl 4gds. Landward of' a substantial maA-mads structure Sr g eater than 10f#' in len constructed poor ;b Segr� ter 20, 1977. Landward of 10' contour elevation abgvet mead►.sea level 9Aa gradual, nat- ural. s$ qpe i ~ t4ndward of topographical creat of bluff, eU duce;# exc4#6 of 10 feet in elevation above mean sea level.. Therefore, no permit under Article 28 (Tidal !Wetland's of the 9"i.ro tal Cvaeex^vat." Lqw) is required at this time'since T-- ct}t eu[ ,larap+�sai is beyond St4te mams#ared drisdi.ctiom pursuant to this act. firer, any additional wo* oxs�dif ' tions to the project-may require a p"i� ' ik is, dour rgspansatbility to-i ti:fy"this office, in writing, if such additipu , w�xk ofi mq#f#.e .tions are cotbmplated• Vel' truly 7011. Daaiel< J. rte, T % Regional 6#pq or gf .r�. DJLrRNT:cz _ j _ TOWN OF SOUTHOLD - BUILDING PER s, APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey Southoldtownny.gov PERMIT NO. Check Septic Form io N.Y.S.D.E.C. � �� � � Trustees C.O.Application Flood Permit Examined ,20 �A� �Q�� Single&Separate Truss Identification Form BONING BOARD OF APPEALS Storm-Water Assessment Form Contact: y , Approved 120 Mail to: � _ W 41 �-ST F'A.ZeLZ Disapproved a/c R, . 11 2 Phone Expiration ,20 Building Inspector APPLICATION FOR BUILDING PERMIT Datelij72, `� ,20 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an Y addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions,or alterations or for removal or demolition as herein described.The -applicant agrees to comply with all applicable laws,ordinances,building code,"osin�g code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, age , architec ngineer, general contractor, electrician,plumber or builder Name of owner of premises (Ikg on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title_ of corporate officer) Builders License No. E3avr_>1&Xq Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: Glc l lv� vza/a n\& House Number Street Hamlet r County Tax Map No. 1000 Section Block 'Lot k ILA t Subdivision Filed Map No. -. /0, Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy A00 1 tc6\J b. Intended use and occupancy 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use- 7. Dimensions of existing structures,if any:Front �oy �t Ream A-51 Depth Height Zn� Number of Stories x• 50-J1 Dimensions of same structure with alterations or additions: Front Rear Depth Height :y Number of Stories , 8. Dimensions of entire new construction:Front Rear Depth Height Number of Stories b a 9. Size of lot:Front Rear D epth 10.Date of Purchase of Former Owner 5; t - 11. Zone or use district in which premises are situatedN � 12.!Does proposed construction violate any zoning law, ordinance or regulation?YES X- NO 13.Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO >!::, 14.Names of Owner of premises Lj-::5 , 1aFF - Address 'Y I 9 nNOPhone Nc�11Z- ' 1( Name of Architect l'�-'� �� : Z Address �,I� ,; `y^6t' ,Phone N0! Name of Contractor Address Phone No. %ftoLn' 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? 'YES>, NO •IF YES,SOUTHOLD TOWN TRUSTEES &D.E.C.PERMITS MAY BE REQUIRED_ Ur, - -, b.Is this property within 300 feet of atidal wetland? "=YES s NO y IF YES,D_E.C.PERMITS MAY BE REQUIRED. 1/irl'R" 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? *YES NO Q 9,,6 IF YES,PROVIDE A COPY. 1bIV STATE OF NEW YORK) MAR 2019 COUNTY OF SS: �'GNZNGB0ARD OF APPEALS Syl��� being duly sworn,deposes and says that(s)he is the applicant (Frame of individual signing contract)above named, (S)He is the (Con ractor,Agent, Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me thi day of 20 cl RYAN S RAMKISSOON NUL j otary Pub c Notary Public-State of New York SigAture of pplicant N0.01RA6309781 Qualified in Suffolk County My Commission Expires Aug 18,2022 - SCTM TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER /SyTREET VILLAGE DIST. SUB. LOT ACR. REMARKS TYPE OF BLD. PROP. CLASS 1 LAND IMP. TOTAL DATE 4 �c- __j - m FRONTAGE ON WATER H SE/LOT BULKHEAD TOTAL d0-100IOWN RD :t ; j t� r : DIST] SUB STRE 'LOT VILCAGE I .; 01'n 14A ;FORMER OWNER ~t`ri E ACR. `, f W TYPE OF BUILDING , 'L. /vfi. -�, ��' : 1"S�,� .t�.t.�-.�:�c..-, t��r.�•.�.!- ,��✓i!''_�.�`l�r.��''�r�., �� � 1!'�'� � 1� .jr . 1 - - - - ,� SEAS. VL. FARM COMM. CB. MICS. Mkt. Value_ 'f LAND IMP. TOTAL DATE REMARKS ` .o.L/ tl`«'z `.S `. jU `. � 1 f r✓ �'i�...��;v r'�t�, - :' r'�4•„�wa"'` � t� .J-^� � `� 1�� ��a.�'�,/ ..^jc{»d I t�j�:a A/t'!t`�j I �1,�(} r� �l-.7r t,`' � 1� 'l�"/71U�� -/0��; ., t3.J �1'/,o00 3r /I a ,�e7 &` t16- ftp �',f/D,tsh,t"� f s ilo 3 9�0 0 /46 ` , ��o '� t. . �► �� �a ( F t,�. �, 'Vr l e X l 1111v Ap, /I CoZ5/ e l2)a 'n'j /y c���l f �=c '�r'�, G�u v-• .6,/? / ,�26-6-,3 r �/.y�n{� )/ ¢,✓ / y'� �q r r �U �4. '{.a �"•{'4atev3 ( V 0� d jlt'`, l I 7•.«J t:$ i✓Z76; 5 t `.� pkt- L Ec' t b ce c �Z AGE BUILDING CONDITIONai ; S1 lYl l VI (f'S i £'iy�1 NEW NORMAL BELOW ABOVE FARM Acre Value Per Value r 7 Acme 1"illa(iie FRONTAGE ON WATERS ' e ,ftadiand ® FRONTAGE ON ROAD � Meadowland fj, - 0 DEPTH ` , .C3 House Plot ER BULKHEAD _ j� 1 r DOCK { r i . i� H? Zoz WON MINN Foundation Interior Finish Fire Place Rooms 1st Floor D riveway r l ' Malutuck �n r4hIts § O aU bDR 10� !Tanl Miuseurt © q ll", "(01 ,) ZG !1n F attnu k n PDIM RD 10, on r 1 n M pt, \, � 5 Airport EDTA � y c g�1ffOL� _ ELIZABETH A. NEVILLE,MMC 0� C�Gy 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 A � off. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER '�®a( �,`� 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: March 7, 2019 RE: Zoning Appeal No. 7296 Transmitted herewith is Zoning Appeals No. 7296 for Lewis Topper: _,/The Application to the-Southold Town Zoning Board of Appeals ,, Applicant's Project Description _ LQuestionnaire _Agricultural Data Statement _,/Short•Environmental Assessment Form ,/Applicant/Owner Transactional Disclosure Form(s) ,, Agent/Representative Transactional Disclosure Form(s) �LWRP Consistency Assessment Form �Notice(s) of Disapproval _.,/_Board of Zoning Appeals Application Authorization �Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals _Photos /Correspondence- AN --12>CK, d--LkA-ert Copy of Deed(s) _Building Permit(s) _,LProperty Record Card(s) Survey/Site Plan ,/Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- r Town of Southold P0Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/07/19 Receipt#: 251968 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7296 $1,750.00 Total Paid: $1,75000 Notes: Payment Type Amount Paid By CK#1678 $1,750.00 Frederick R. Weber, Architect Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Topper, Lewis 3605 Camp Mineola Rd Mattituck, NY 11952 Clerk ID: JENNIFER Internal ID•7296 41 LAST MAPLE ROAD, GREENLAWN. NY 117 rO' ROBERT 52 NOYACK PATH, WATER MILL. N ( 119116 VVE2 CID MR OLT" July 10,2019 RE.- TOPPER RESIDENCE 3605 Camp Mineola Road,Mattituck,New York SCTM#1000-123-6-12.4 Southold ZBA #7296 Zoning Board of Appeals: I am listing the following ZBA decisions which granted lot coverage variances in the Camp Mineola neighborhood of Mattituck which could serve as"comparables"for my client's variance request. ZBA#5841: SCTM# 1000-12')-5-30, 3945 Camp Mineola Road,Mattituck Paul Long-owner, Lot coverage 21% ZBA#6122: SCTM# 1000-123-5-11, 300 Fay Court&Camp Mineola Road,Mattituck Majorie Dunn-owner, Lot coverage 25% ZBA#6241: SCTM# 1000-123-5-20,4050 Camp Mineola Road,Mattituck Robert&Margaret Bergamini,Lot coverage 21.8% ZBA#6486: SCTM# 1000-123-5-17, 55 Fay Court, Mattituck Edna Beime-owner,Lot coverage 38% Following are print outs of these ZBA decisions which I hope will be helpful.Please contact me if you need 'additional information concerning this variance request. 'Thank ,you. erA urs, Fdrick eber, ,Archi=tect FOR PCL No. r1k, SEE SEC.NO 122-08-004 2 1 2.2 SOS 2 ASS tab-VL5-5 111 4.5. 4-9 4.7 159 q 57 6.Sc- 4.13 8-33 7.4 15 1� 3 J ��a � '69 ��4 . 06 17_5 17 �' 2.^a � � yrs 1 _Rfl_�ea n5 �` 1�mSCSI S SIB- AA t7 z�51 117.2 05 A IN CAW IN �ag Fuentes, Kim From: Frederick Weber <fweberarchitect@yahoo.com> Sent: Tuesday, July 09, 2019 11:11 PM To: Fuentes, Kim Subject: Re: ZBA #7296 Lewis Topper Attachments: TopperZBAcomp.pdf Kim, I am attaching a cover letter and an area map which show lot coverage variances in the Camp Mineola neighborhood of Mattituck. I tried to make the presentation clear, but was unable to print the decisions (my computer would lock up every time I clicked print) If you could print out these decisions for inclusion in the file I would be most grateful Please let me know if you are able to do this and that my information is accurate. Thank you Best, Fred Frederick R. Weber, Architect (631) 754-5555 On Tuesday, July 9, 2019, 12.14.35 PM EDT, Fuentes, Kim <kimf(q),southoldtownnV qov> wrote, Hi, This is a reminder to submit comparisons according to Board members' request. Contact our office with any questions or concerns. Thank you. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11979 639-765-9309, Ex. 5099 E-mail; kimf(D-southoldtownny.pov i APPEALS BOARD MEMBERS �q $f7Mailing Address: Ruth D. Oliva,Chairwoman h�� yp�O Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer #t Southold,NY It 971-0950 James Dinizio,Jr. CA Office Location: 'Michael A. Simon �' i� Town Annex/First Floor,North Fork Bank 01 Leslie Kanes Weisman 'KtrouffV 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldlown.northfork.net ZONING BOARD OF APPEALS RE MD TOWN OF SOUTHOLD Tel. (631)'765-1809 -Fax(631)765-9064 b MAR 2 7 2006 FINDINGS, DELIBERATIONS, AND DETERMINATIorfo hold Town Clerk MEETING HELD MARCH 9, 2006 ZBA File No. 5841 - Paul Long Property Location: 3945 Camp Mineola Road (Howell Avenue), Mattituck Parcel CTM 123-5-30 " PROPERTY LOCATION: The applicant's property contains 8,997 square feet with 60 feet along Camp Mineola Road (a/k/a Howell Avenue). The property is currently improved with a 580+/-square foot single-family dwelling (to be demolished). BASIS OF APPLICATION: Request for Variances under Sections 100-239.413 and 100- 244, based on the Building Inspector's' December 5, 2005 Notice of Disapproval, amended January 17, 2006 concerning a proposed new dwelling, after demolition of the existing dwelling. The reasons for disapproving the building permit application are that the new dwelling will be: (1) less than a total side yard (both sides) of 25 feet, (2) less than 75 feet from the bulkhead, and (3) the lot coverage will exceed the code limitation of 20 percent for all building area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 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: 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 building proposed will replace a dwelling to be demolished. The percentage of coverage of the property will be 'reduced from the current 22.3% to 21+/-% (excluding concrete pads, walks and aprons) for the new construction. The proposed dwelling will be centered with 10 ft.,side yards and is smaller in width than the existing dwelling. The setback from the bulkhead will not be reduced, and will remain at 28.3 feet and 35 feet to the rear lot line. For these reasons, the new construction is not out of character with the buildings in the area and is Page 2-March 9,2006 ZBA File No.5841 -Paul Long CTM 123-5-30 no more intrusive to adjacent properties or the beach front areas than any of the surrounding dwelling construction that exist. 2. The amount of relief requested is not substantial, inasmuch as the increase in lot coverage, to 21+/- percent will be-less than that of the existing dwelling. 3. The proposed dwelling will be located further landward than the existing dwelling. There will be no reduction in the setback from the bulkhead, and no increase of lot coverage by building area. 4. The side setbacks, ten (10)feet on each side,will result in the building being centered on the lot and an increase from the existing nonconforming side yards. 5. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a replacement dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: On motion by Member Simon, seconded by Chairwoman Oliva, it was RESOLVED, to GRANT the variances as applied for, as shown on the May 17, 2005 survey, amended January 12, 2006 by Joseph A. Ingegno, and construction diagrams prepared by Mark K. Schwartz, A.I.A. 12/16/05 (Al, A2, A3), SUBJECT TO THE FOLLOWING CONDITION: That the 10-foot passages on the sides of the house remain free of any structure. 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), Goehringer, Simon, and Weisman. (Member Dinizio was absent.)This Resolution was duly adopted (4-0). Ruth D. Oliva, Chairwoman 3/24/06 Approved for Filing REVI.4ow. 1 � i DINING fft C mRA=AMROOM RI 4 1 III1 tlM� ❑ �y O i -k— I I y INMf.0. LU r5r G b a I KQIIICN - - I b330 I Iz ----------- \p ❑ n tlSIIl9QOC1 flA7M No I I Q PFMlkYi Nn.2 IxnROON Na]Ll R g 4 I O z - I � I � i • • 4 4 e 4 Imi_,..Y�ROOM N OC �-� 3 1051 1-3,06 c�n�..3� � � • 6 2ND. FLOOR PLAN SCALE.>./s•=r-0- 1ST. FLOOR PLAN °""W" SGIE t/E'4`•C SCALE-1/8"=V-o' • Dcwly 16,2005 SNEETMIIlBER A-3 toAPPEALS BOARD MEMBERS apF Sh' Mailing Address: Gerard P. Goehringer,Chairman p`� �l0 Southold Town Hall 53095 Main Road-P.O.Box 1179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. • O Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COMM 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.norffifork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RCE VED; Tel. (631)765-1809-Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATI MEETING OF MARCH 13, 2008 Southold Town Clerk ZBA FILE # 6122 —Application of Marjorie Dunn CTM 123-5-11 PROPERTY LOCATION: 300 Fay Court and Camp Mineola Road, Mattituck 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 to 23, and the Suffolk County Department of Planning issued a reply dated January 9, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 10,000 square foot lot in the Residential R-40 District with street frontages along both the east side of Fay Court and the west side of Camp Mineola Road. BASIS OF APPLICATION: The applicant is requesting Variances: 1) under Sections 280- 124 and 280-122 based on ZBA Code Interpretation #5029 (Walz Application) and the Building Inspector's amended January 8, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing building. The new construction will exceed the code limitation of 20% lot coverage, and there will be a reduction in the setback from Fay court with an increase in the degree of front yard nonconformity (currently 18.7 feet average), and 2) to remove 10/23/1960 ZBA Condition under Variance #1293 (former owner Herman Pocher) concerning restrictions on front, rear and side yard setbacks. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 28, 2008, 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: Page 2—March 13, 2008- ZBA#6122—Application of Marjorie Dunn CTM 123-5-11 AREA VARIANCE RELIEF REQUESTED= The applicant relief in relation to her proposal to: 1. Demolish the existing single family dwelling and retain the I existing foundation with alterations to raise it above the flood plain to satisfy FEMA flood zone standards, 2. Construct a new first floor on the existing/altered foundation with additions that enlarge the dwelling, including a two car attached garage, and a new second story. 3. Increase the proposed lot coverage,to 27.5% while the code permits a maximum of 20%. 4. The applicant also seeks to remove ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property. ADDITIONAL INFORMATION= Section 280-104 of the Town Code states that "Where property in the vicinity is improved with principal buildings with front yards of less than that required by the provisions of this chapter, the front yard setback shall be the average setback of the existing buildings within 300 feet of the proposed building on the same side of the street within the same use district." The Notice of Disapproval calculates the average front yard setback for dwellings on the east side'of Fay Court as 18.7 feet. This calculation includes the front yard setbacks of the two dwellings to the South of the subject property at 9.2 feet for Tax Lot# 1000-123-5-12 and 9.9 feet for Tax Lot # 1000-123-5-13. These two homes would yield an average setback of 9.6 feet. However, the Building Inspector also included in his calculations homes that do not use Fay Court as their architectural front yards (land now or formerly of Mazur to the North fronts on Camp Mineola Road and architectural rear facing Fay Court with a 21 ft. setback, and the home on Tax Lot # 1000-123-5-14 that faces Reeve Avenue with a 35 ft. 'architectural side facing Fay Court. REASONS FOR BOARD ACTION= On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 4267-b(3)(b)(3)(1). Grant of the variances will,noIt produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are a number of homes with two street frontages in this neighborhood. The applicant's home has a well- established pre-existing nonconforming setback from Fay Court, a narrow private road, that is similar to other neighbors'with older cottage-type homes. The proposed front yard setback from the more prominent Camp Mineola Road will be eouf nadug al, 35 feU. Many other homes in the area have been enlarged over time. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant ewinot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Even though all of the proposed new construction will maintain the existing nonconforming front yard setback from Fay Court of 9.6 feet, the'proposed new second story will increase the degree of front yard non- conformity (ZBA 5039 interpretation/ Walz) and would require a variance and the new addition will increase the lot coverage over'20%. C - - - Page 3—March 13, 2008 ZBA#6122—Application of Marjorie Dunn CTM 123-5-11 The request to remove ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property also requires action from the Board of Appeals. The proposed first floor additions fronting on Fay Court and maintaining the existing 9.6' setback are not permitted under the 1969 decision which was rendered prior to the Walz Decision. The proposed side yards and front yard setback on Camp Minneola are all conforming, thereby complying with the 1969 decision. The applicant cannot expand the size of their dwelling without a variance due to their lot size and location of the existing foundation. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are substantial. The request to maintain a 9.6 ft. front yard setback from Fay Court represents a 48%. The request for ,an increase in lot coverage from 14.9% to the proposed 27.5%, while the code allows a maximum of 20%, represents a 37.5% variance. The Board notes that since the applicant must fill in their existing basement to meet FEMA flood zone standards and will therefore loose valuable storage space that the applicant proposes to replace with garage storage, alternate relief in the increase of lot coverage beyond that permitted by code is reasonable. 4. Town Law §267-b(3)(b)(5)- The difficulty has not been self-created for the front yard setback variance from Fay Court, and is self created for the lot coverage because the applicant chooses to build a single family dwelling that is larger than what is permitted by code on this size lot. 5. 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. In addition, the applicant will comply with FEMA flood zone standards. 6. Grant of alternative relief and the requested relief are the minimum actions necessary and adequate to enable the applicant to enjoy the benefit of a new enlarged dwelling 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 Weisman, seconded by Member Oliva, and duly carried, to DENY the lot coverage as applied for, and GRANT ALTERNATIVE RELIEF without the need for a new appeal or hearing/determination for lot coverage of 25% subject to the following conditions= 1. The dwelling must be fitted with gutters and leaders that discharge and contain roof runoff in an onsite drywell; and 2. Submission to the Zoning Board of Appeals and the Building Department of a final ' survey prior to issuance of a Certificate of Occupancy confirming the lot coverage and setbacks, without the need for a new hearing; and to Page 4— March 13,2008 ZB#6122—Apphcation of Marjorie Dunn CTM 123.5-11 GRANT the variances shown on Chorno Associates' elevation and site map (with survey data) date-stamped received Dec. 17, 2007 concerning the front yard setback from Fay Court at 9.6 feet and removal of conditions under ZBA variance #1293 dated October 23, 1969 which disallowed any future setback variances from the side yard, rear yard or front yard on this subdivided property. ` Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Simon and Weisman. (Member Dinizio was absent. Chairman Goehringer abstained.) This Resolution was duly adopted (3-0). Ruth D. Oliva,Vice Chairwoman 3/ /2008 Approved for Filing ii S.C.T.S/.MQ DM115CT;1000 SE.CnOlt I23 ®LOOL'3 1111191;11 I _ ' EXISTING HOUSEOECKS STOOPS - 1,394 S.F. SATTN D��E SHED - 99 SY EXISTING LOT COVERAGE 1+.9x a PROPOSED AOLM10N5 - 1,275 S.F. , AREA OF OVERLAP DECK/ADOrrroH - 22 S.F. 1 - -- PROPOSED LOT COVERAGE 27-5x HOUSE FACES CAMP MINEOLA ROAD REAR YARD 21' 'r LAND N/F OF MAZUR .n, sf u --- PI awwoo"°E l00.00� tnRE rET+CE o.3 — - 1 1 + a_ �E-1-t P4 SNFD ra'tLIK F C> p tO f7Twc Wow V 9 PROPOSED tw ` EL HLLI 31 6A F pADDMON , w p¢73 -- c' OPOSED O oiQO • ADDIT(ON mum �y� SAW 3- =i{ ' ►-Q .a+o: 1 -1 F ea FA r ..7 �• aw" CEO L1. - log zer 19 ao as F+ S" * s dEL 1.0 es UUXR .1 h fi O H 1ZFUM —_ - O �ttoo Z i--qw P R C r0'wid` 13 a ter'"�" •EL 0 2 N r '3 rE.retaR ro-fe-o1 ttlt 2 RAN S avil'00" X I00.00, i TAX LOT 1000-123•-s-'2 FINAL MAP SET BACK 9.2 RECEIVED REVIEWED BY LRA AVERAGE FRONT YARD SEI RECE FOR SEE DECISION 0 TAX LOT / 1000-123-5-13 OWELLWIS FACVOG FAY COURT IS 9.6. , SET BACK 9.9' ID�,11.5 3 1 DEC 1 7 2007 DAT TAX LOT ® 1000-123-5-74 / a ADD LOT covERAce 11-14-07 FACES REEVE AVE ZONING BOARD OF APPEALS ADD TREE LOCATION a AVERAGE SETMKS 11-05-07 ACID PROPOSED SAMTARY 10-22-07 - ITE•W RR SVP ty RC01LS AND CZSSPM ADO PROPOSED ADOMON 10-16-07 FIRM Z AE(EL 8) �OiRROOArA� FAM �VdMS �1� AREA.- 10,000 S.F OR 0.23 ACRES PANEL 482 EUVAD04 DATU%- �_„_ USGS ¢ED AR t/NAV7iDRSZEO Ktt7tA110w CR MOWN 10 TMS 91R1£Y d A NO[ATION OF SECDON 7109 OF 171E NEW VOW STATE EM=AROV LAW COPIES LY 7T+VS 9JRSEY - ArAP NOT�AR'WC IW LAND SWWYC 7'S CATOSSM SEK SWA[L NCb OT aE M31 ERM TO BE A VALID TRO£COPY. OUARAHUXS NaCATEO KEREON SHALL RM •�v.- pp• • C ONLY TO VC PERSON FOR WdW HE SWWY 15 PREPARED AND OY ARS 8DWY TO THE DILE C MIRANY, GDSERINESTAL AGENCY AND LFICDlkL INSDIVDOV Cy•�� LASTED HEW&4 ALIO 10 PC AS9p+EE5 Or PC LEMANC MISRRRILW C VARNVTEES ARE NOT nUNSFERA6tE \ 0 ' oAA ME 47gIS CR 0WEW5KVV5 9pIW OOWON nM Ve PVKPWYr MES TO 110 5)WXTURE5 ARE PSR A 9-rC l7C PURPOSE Aho USE DIPREFOW MY ARE � •� 'Q NOT WEN= TO WONUNFNr ME PROPERTY WES OR rO QROE PIE ERECDON Or FENCES ADVITIONN-SMCMI ES OR AND 01101 4/PROs£YEN1S EA,"EN1S ANOIC R SL6SE ACE S11W eIVRLS RECORMD OR EMECOADEO ARE NOT WARANTEED UXLM PNV5C4U.Y ENOENT CTT DIE PREAOSES AT 1K0 MME 0'SURVFY 0:-L - CAMP MiNEOLA ROAD sURVEY or: DESCRIBED PROPERTY CERTIFIED TO. DUNN: lAAP9 y� 181Sdam• p� li ATT-M 'K NY Irtuo:970ATM AT: MATTTTUCK - rF OF�NE`N CHORNO ASSOCIATES n+ ToOF_SOUTHOLD Bm1i mm M. M'OYCI= I.&- SUFFOLK COUNTY. NEW YORK .I land SunarinA tad Dmfga architects. e"= & >r wtmok, x.W York. Lim SOUTHOLD, NEW YORK fxt VEM(MU) @98-JAM FAX(a11=5-1610i 27-t 10 stALc i'�20' OwTE:SEPT. 21, 2007 �C,r•A RC Ma�OxL7 �I w""f0.t--" (Ro6..t a 0—..•, APPEALS BOARD MEMBER- aQ�$QUTy Mailing Address: Gerard P. Goehringer, Chairman hp� Ol0 Southold Town Hall 53095 Main Road •P.O. Box 1 179 Ruth D. Oliva Southold,NY 11971-0959 James Dinizio,Jr. G� • Office Location: Michael A. SimonO Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman COU 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVEDd- Tel.(631)765-1809• Fax(631) 765-9064 � •0a F E B 4 2009 FINDINGS, DELIBERATIONS, AND DETERMINATI011YQ��4 � MEETING DATE: JANUARY 22, 200950ttthOld TOWS Clerk ZBA FILE # 6241 - Robert J. and Margaret Bergamini, Applicants PROPERTY LOCATION: 4050 Camp Mineola Road, Mattituck CTM 123-5-20 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. PROPERTY FACTS/DESCRIPTION: The subject property is a 13,631 square foot parcel measuring 117.12 feet along Camp Mineola Road to the south, 103.45 along the eastern boundary, 117.51 feet along the northern boundary, and 126.77 feet along the western boundary, and is improved with a single-family house as shown on the,August 17, 1971 survey prepared by Young & Young, and September'6, 2009 plan prepared by Joseph Fischetti, P.E. BASIS OF APPLICATION: Request for a Variance under Section 280-124, based on the Building' Inspector's October 17, 2008 Notice of Disapproval concerning an addition to an existing front yard deck at less than the required minimum front yard setback of 35 feet and a lot coverage exceeding the code limitation of 20%. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 at which time written and oral evidence were presented. RELIEF REQUESTED: The applicant proposes to construct an addition to a front deck with a front-yard setback of'16 feet and resulting in lot coverage of 21.8%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—January 22, 2009 ZBA#6241—R and M.Bergamim CTM 123.5-20 1. Town Law 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deck addition is 75 square feet. It is designed to provide egress from the rear bedroom. It will not decrease the setback from Camp Mineola Road. 2. Town Law 267-b(3)(b)(2). The benefit of safety egress from the front bedroom cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. 3. Town Law 267-b(3)(b)(3). The proposed variance is not substantial. The area of the addition is only 75 feet, and requires a variance for lot coverage of less than 10%. 4. Town Law 267-b(3)(b)(5). The difficulty was created when the deck and house were constructed with a nonconforming front yard setback that did not permit a safety exit from a front bedroom. 5. 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. 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 additional egress and slightly enlarged deck, while preserving and protecting 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, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for, as shown on the October 21, 2008 site diagram and shown on the September 6, 2009 diagram prepared by Joseph Fischetti, P.E. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving noncon£ormities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject d- Page 3—January 22, 2009 ZBA#6241—R and M.Bergamim CTM 123-5-20 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Dinizio, Simon and Weisman. This Resolution was duly adopted(5-0). 9,�, �\ - (I" RUTH D. OLIVA, VICE CHAIRWOMAN 1/.7 /2009 Approved for Filing ExIi�DT1N EMo v-E---���: g.F�_.N tNcj •W D4� f�RD t3Er,I ANPE.2.6 Ell __5�Co8 fa = 2-2K5 HoI- HAW1 E - / 04 ` Al2,t7�J� - - 2 E P LAC E EXTq. R EC 14- �'rATG_1-�- EX ISTrt�C� ! i' 1�- }- L2-M5--E'ALl- EXTc, a �EU5E PALL ExrCl RaILIN4 dz 5.T.NAtN�'R-5 IGH EG_"73�^ .TCS L. H JAM76 t�oUS� 5�1&1f�Tt1e.!~ �-_T OF NFtyy W-!/;2 x}3.75�i Q•. _ yco � Q� 1SC Fr O Ico►�o.� . 1-•- FINAL MAP _ T 4 A- ��Ht Fo_orrNr� - - -EWE[) BY Z6A �t -rte � � •- �L�� SEE.DE CISION too nT N - -2 8 e i� •C g, ►an ' a V , DA7EDr.� p•_ d INc� 13/4x 11' �� - � . M N I D IG r�-c� 5 aEEC-y- t N�- aoT I�Cc� PTP IL __---- -405o C-A f-1 P M I N E:o �A JOSEPH FISCHE T I, PE PROFESSIONAL ENGINEER l 1725 HOBART RD/PO BOX 616 Ix IST Fizz ! P [ D EG K- A DD I T I O � SOUTHOLD, NY 1197`1 631-76-5-2954 i i4{I I ' _ �5E PTE!�I e�)E W- 00� 20C�3 fjN P•E}zp114mIW I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson SOpr53095 Main Road•P.O.Box 1179 James Dinizio,Jr. �O� �!� Southold,NY 11971-0959 � � Gerard P.Goehringer Office Location: Cn Town Annex/First Floor,Capital One Bank George Horning G g b b • �O 54375 Main Road(at Youngs Avenue) Ken Schneider OI,�C�U Southold,NY 11971 littp://southoldtown.nor(hfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 1- �3 Tel.(631)765-1809•Fax(631)765-9064 AUG 2 5 2011 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18,2011 SOUL 01OW' Cje �',' ZBA FILE: 6486 NAME OF APPLICANT:Edna Beirne PROPERTY LOCATION: 55 Fay Court(adj.to Right of Way)Mattituck,NY SCTM#1000-123-5-17 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 to 23, and the Suffolk County Department of Planning issued its reply dated June 28, 2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 5,339 sq. ft. parcel improved with a two story dwelling and detached accessory garage. It has 100.00 feet of frontage along Fay Court, 51.81 feet along Camp Mineola Road, 113.55 feet along the west property line and 50.00 feet along the north property line as shown on the survey prepared by Peconic Surveyors, P.C. dated July 1,2011. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-124 and Article III Section 280-15 and the Building Inspector's June 1, 2011 Notice of Disapproval based on an application for building permit to construct a deck and shower addition and accessory garage addition/alteration at 1) front and rear yard setback of less than the code required 35 feet, 2) side yard setback of 1eSS than the code required 10 feet, 3) lot coverage of more than the code required 20%for the deck/shower addition and 4)rear and side yard setbacks for accessory buildings at /2Ss than the code required 3 feet. RELIEF REQUESTED: The applicant proposes to construct a deck and out door shower additions and construct additions and alterations to existing accessory garage. On lots less than 20,000 sq. ft. the code required front and rear yard setback is 35 feet, side yard setback of 10 feet, applicant is proposing 31 feet and 20 feet front yard setbacks for the proposed deck and shower, a 20 foot rear yard setback for the proposed deck, and a 3 foot setback for the proposed deck. Regarding the accessory garage; the code requires a rear and side yard setback of 3 feet, applicant is proposing a 1.6 foot rear yard and a 1.7 foot side yard setback for the accessory garage addition and alterations. Additionally the code allows for a maximum of 20% lot coverage, applicant is proposing lot coverage of 38%_ ADDITIONAL INFORMATION: The Board received a letter from a neighbor in support of the application. During the Public hearing a neighbor spoke in favor of the application. 'Page 2 of 3—August 18,2011 ZBA Fde#6486-Beirne C'rM-1000-123-5-17 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 4,2011, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be trite and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is an old sub-division consisting of shall non- conforming lots. Many have received variances for setbacks similar to this application. The proposed two story garage is about the salve height as the adjacent neighbor's garage. 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. Due to the small size of the 5,339 sq. ft. subject lot, and the fact that it is a cornet-property, the applicant would require a variance for any improvements. 3. Town Law$267-b(3)(b)(3). The variances granted herein are substantial. However,the applicant is proposing to reduce the existing lot coverage of 43.7% to 37.1% by removing some of the existing wood decking and replacing it with an at grade patio. 4. Town Law 6267-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. All drainage will be retained on site as per code and no regulated natural features are on the subject property. 5. Town Law 6267-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 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and improved accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Goehringer,seconded by Member Horning,and duly carried,to GRANT, the variances as applied for, and shown on the Survey prepared July 1, 2011 by Peconic Surveyors, PC. And the architectural plans prepared by East End design Associates dated 10/8/10, pages G101, G102, A101, A102, A201, A301 and ALT-1. Subject to the following conditions; ]. The accessory garage shall be used for storage only,with the utility of electricity. 2. Any roof overhangs, including gutters, shall not extend beyond the subject property lines. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from-the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, Vote of the Board: Ayes-Members Weisman(Chairperson), Horning, Goehringer, Dinizio, Schneider. •Page 3 of 3—August 18,2011 \ "" p��r/ ZBA File#6486-Beime J CrM' 1000-123-5-17 This Resolutioi�wgs duly adopted(1-0) Leslie Kanes Weisman, Chairperson Approved for filing / h /2011 AdhL N SURVEY OF PROPERTY AT MATTITUCK N/0/F NORMAN WAM13ACK TOWN OF SO UTHOLD N85'09'40'E 50.00 SUFFOLK COUNTY, N. Y, 1000-123-05-17 SCALE. 1'=20' 20.4 DECEMBER 22, 1998 CONCItM APRIL 12, 2011 (UPDA TE & PROPOSED DECK & PA 710) Zp, 1.7' FRAME i May 24, 2011 (re visions) GARAGE a - � JULY I, 20 l! (oddflosW (ro BE "OVA70) o Z c s DSCAPE TIE C) .10. .TIQ ` M '1 n (PROP. DECK) J \` DTIC FOR { Q 1/ q,6 Q , l xi V all c 4 A `3 m EXISTING DECK r (TO BE REMOVED) 11.4• „ . t O�AApFQ4S rn 15.0 WATER :R uE7EX 4.1• � �8• (pRaw. DEpt) TWO STORY D FRAME HOUSE 10.1' o Z N � v o e.6• o v -- 36.3' �► m 5.0' DECK FINAL NIA SA a VIEWED By ZEA D�ig1ON # 1��--- o X DATIED bo$00 of 10 T FLOOD ZONE AE el 6 / 4510-00 , gI K 360813CO462 H 30 c. • LOT COVERAGE �YS_'.-'CL��6NO. 49�618 AREA=5,339 SQ. F". NEXISTING (HOUSE, GARAGE, DECK) ANY ALTERATION OR ADD177ON TO THIS SURVEY IS A WOLAnoN 4 ECONIC MOR 2,335 / 5,339 x 100=43.79 OF SEC 770N 72090E THE NEW YORK STATE EDUCATION LAW. y PROPOSED (HOUSE, GARAGE, DECK =EXCEPT AS PER SECTION 7209--SUBDIVISION 2. ALL CER7IFICA710NS (631) 765-5020 FAX (631) 765-1797 1983 / 5,339 x 100= 37.1% HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P.O. BOX 909 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET p^�� >% WYOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y 11971 U BOARD MEMBERS S® Southold Town Hall Leslie Kanes Weisman,Chairperson �`�® ���® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor; Robert Lehnert,Jr. O a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��*I'MNSouthold,NY 11971 9 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 WEDNESDAY, JULY 3, 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 WEDNESDAY, JULY 3, 2019. 10:50 A.M. - LEWIS TOPPER #7296 - Request for Variances from Article III, Section 280- 15; Article XXIII, Section 280-124; and the Building Inspector's March 1, 2019, Notice of Disapproval based on an application for a building permit to construct additions and alterations to existing single family dwelling, legalize "as built" trellis addition over patio and to legalize the "as built" accessory shed; at; 1) proposed addition to the single family dwelling located less than the code required minimum front yard setback of 35 feet; 2) proposed addition to the single family dwelling located less than the code required minimum rear yard setback of 35 feet; 3) proposed and as built construction is more than the code permitted maximum lot coverage of 20%; 4) "as-built" shed located in other than the rear yard; at: 3605 Camp Mineola Road, (Adj. to the Great Peconic Bay), Mattituck, NY. SCTM#1000-123-6-12.4. 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@southoldtownny.gov. Dated: June 20, 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 �I TYPESET.Thu Jun 13 12:07.13 EDT 2019 G y ground swimming pool, at; I) proposed Dated.June 20,2019 1� LEGAL NOTICE swimming pool located in other than the code ZONING BOARD OF APPEALS SOUTHOLD TOWN required rear yard,2)proposed construction LESLIE K A N E S W E I S M A N, ZONING BOARD OF APPEALS is more than the code permitted maximum lot CHAIRPERSON WEDNESDAY,JULY 3,2019 coverage of 20%;3)proposed construction of BY Kim E.Fuentes PUBLIC HE, the single family dwelling is located less than 54375 Main Road(Office Location) NOTICE IS HEREBY GIVEN,pursuant to the code required 100 feet from the top of the 53095 Main Road(Mailmg/USPS) Section 267 of the Town Law and Town Code bluff;at:21695 Soundview Avenue,(Adj to PO.Box 1179 Chapter 280(Zoning),Town of Southold,the the Long Island Sound), Southold, NY. Southold,NY 11971-0959 following public hearings will be held by the SCTM#1000-135-1-7. 2364550 SOUTHOLD TOWN ZONING BOARD OF 10:50 A.M.-LEWIS TOPPER#7296-Re- APPEALS at the Town Hall,53095 Main quest for Variances from Article III,Section Road,Southold,New York on WEDNES- 280-15;Article XXIII,Section 280-124;and DAY,JULY 3,2019. the Building Inspector's March 1,2019,No- 9:30 A.M. - BRAD AND KATHRYN tice of Disapproval based on an application PH:CUCH#7288-Request for a Variance for a building permit to construct additions under Article III, Section 280-15 and the and alterations to existing single family Building Inspector's January 9,2019 Notice dwelling, legalize"as built"trellis addition of Disapproval based on an application for a over patio and to legalize the"as built"acces- permit to construct an accessory garage; 1) sory shed, at; 1) proposed addition to the located in other than the code required rear single family dwelling located less than the yard, at: 1350 Woodcliff Drive, Mattituck, code required minimum front yard setback of NY.SCTM#1000-107-8-1. 35 feet; 2) proposed addition to the single 9:40 A.M. - HC NOFO, LLC/TODD family dwelling located less than the code FEUERSTEIN#7290-Request for Varian- required minimum rear yard setback of 35 ces under Article XXIII,Section 280-124 and feet;3)proposed construction is more than the Buildmg Inspector's December 26,2018 the code permitted maximum lot coverage of Notice of Disapproval based on an applica- 20%;4)"as-built"shed located in other than tion for a permit to demolish an existing the rear yard;at 3605 Camp Mineola Road, dwelling and construct a new single family (Adj.to the Great Peconic Bay),Mattituck, dwelling and an accessory garage, 1) pro- NY.SCI'M#1000-123-6-12.4 posed single family dwelling measuring less 11:10 A.M. - PHILLIP B. CAMMANN than the code required minimum rear yard #7297-Request for a Variance from Article setback of 50 feet;2)proposed accessory ga- III,Section 280-15;and the Building Inspec- rage is located in other than the code required tor's March 5,2019,Notice of Disapproval rear yard,at 6370 Skunk Lane,Cutchogue, based on an application for a building permit NY.SCTM#1000-104-5-3.3. to construct an accessory swimming pool and 9:50 A.M.-SANTOSHA AFTER 56,LLC raised patio;at; 1)located in other than the #7291-Request for Variances under Article rear yard;at: 1500 Deep Hole Drive Road, XXIII,Section 280-124 and the Building In- (Adj.to Deep Hole Creek),Mattituck,NY. spector's February 1, 2019 Notice of Dis- SCfM#1000-115-12-21 3. approval based on an application for a permit 11:20 A.M.-TIMOTHY AND NATALIE to make additions and alterations to an exist- HOUGH#7298SE-Request for a Special ing seasonal dwelling; 1)less than the code Exception under Article III, Section 280- required minimum front yard setback of 35 13B(13).The Applicants are the owners of feet,2)less than the code required minimum subject property requesting authorization to side yard setback of 15 feet;at:56155 Route construct anAccessory Apartment in an exist- 48,(Adj.to Long Island Sound)Greenport, ing accessory structure,at:275 Alois Lane, NY.SCI'M#1000-44-1-21 Mattituck,NY.SCI'M#1000-123-6-4 7. 10:00 A.M. - MICHAEL MCCARRICK 11:30 A.M. - 905 9TH STREET, LLC REAL ESTATE.INC.#7292-Request for a #Y7289—(Adjourned from June 6,2019)Re- Variance from Article III,Section 280-15;and quest for Variances under Article IV,Section the Building Inspector's February 21,2019, 280-18;Article XXIII,Section 280-124,and Notice of Disapproval based on an applica- the Building Inspector's February 7, 2019 tion for a building permit to construct an ac- Notice of Disapproval based on an applica- cessory garage;at; 1) located less than the tion to approve a two lot subdivision and a code required minimum front yard setback of permit for the construction of a new single 35 feet; at: 415 Lakeside Drive, (Adj to family dwelling and accessory building(lot Pleasant Inlet),Southold,NY SCI'M#1000- 10),at I)proposed two lots will measure less 90-3-13 than the minimum lot size of 40,000 sq.ft.,2) 10:10 A.M.-HARUN SINHA AND AUS- proposed two lots will measure less than the TIN DOWLING#7294-Request for Varian- minimum lot width of 150 feet;3)proposed ces from Article III Section 280-14 and the two lots will measure less than the minimum Building Inspector's January 16,2019 Notice lot depth of 175 feet;4)proposed lot no.9 of Disapproval based on an application for a with existing single family dwelling will have two lot subdivision on a non-conforming 47 more than the code permitted maximum lot acre parcel;at,1)both proposed lots will be coverage of 20%, 5) proposed lot 10 with less than the code required minimum lot area proposed single family dwelling will have of 40,000 sq ft.;2)both proposed lots will be less than the code required minimum front less than the code required minimum lot yard setback of 35 feet;at. 905 9th Street, width of 150 feet;3)both proposed lots will Greenport,NY SCTM No 1000-48-2-29. be less than the code required lot depth of 175 The Board of Appeals will hear all persons feet, at: 195 Ninth Street, Greenport, NY. or their representatives,desiring to be heard at SCTM#1000-48-1-23 each hearing,and/or desiring to submit writ- 10:30 A.M.-RACHEL MURPHY#7295- ten statements before the conclusion of each Request for Variances from Article III,Sec- hearing Each hearing will not start earlier tion 280-15,Article IV,Section 280-18,Arti- than designated above Files are available for cle XXII, Section 280-116A(1), and the review during regular business hours and Building Inspector's February 14,2019,No- prior to the day of the hearing If you have tice of Disapproval based on an application questions,please contact our office at,(631) for a building permit to demolish an existing 765-1809, or by email: kimf@ single family dwelling and construct a new southoldtownnygov single family dwelling and an accessory in- #0002364550 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 06/20/2019 Principal Clerk Sworn to before me this day of A0l°1 LyII)njqQl S8ildx3 UOiSSIM00 AN ALunoo IloonS ul p81Jllnno 09080 MA 10'ON >IdOA M3N 30 31V1S-0119(td ASViOP INSN110A VNI1SRIH7) � TOWN OF SOUTHOLD 79� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK I AFFIDAVIT OF In the Matter-of the Application of: MAILINGS (Name of A p icant/Owner) ONPOII�i, C/Im Airs�L,7 fW/� SCTM No. 1 " , w ems(', 000- ; (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I I, ( ) Owner, ( Agent �� 9 residing at 1 ��' � MAPL:�,' tO)k'P CaF— L/`Qew York, being duly sworn, deposes and says that: On the day of , 20 1`3), I personally mailed at the United States Post Office in Ca 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 theKAssessors, 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 applicant's property. I i i *Rig i to before e this nature ay of 320 RYAN S RAMKISSOON Notary Public-State of New York NO.01RA6309781 Qualified in Suffolk County (Notary Public) My Commission Expires Aug 18, 2022 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next C to the owner names and addresses for which notices were mailed. I i All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with i+ this form completed, signed and notarized. A! i .I cxr�, WY ZVpL�', ioao 3iz><Vlo� d 2 ly��scOAT f Vim' t l6'4 , tai 1000 FA% am JUPU IEr� Certified Mad Fee CIO$3.50 VA Q' Extra Services&Fees(check-box,add fes ate) rj v� � ❑Return Receipt(hardcopy) $ I 1 _ 6(j ° �i Itr— El Return Receipt(electronic) $ U 111,E PBstmark U) !rl , L; L� I0 ❑Certified Mail Restricted Delivery $ $t 4-1 Dn mere �Er Certified Mall Fee cl_ l� El Adult Signature Required $ W .!;. C'� �� $'''"•- I --,�i_740 � ❑Adult Signature Restricted Delivery$ ✓! �Q' $ 6 i ' i I ri' J? 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Total Postage and Feesj�`�I []Adult Signature Restricted Delivery$ c�yy m' 1.11_1 Postage $ !. $0.70 t'Cc SentTJr-I t, g,' ;. ,(. ��, Tr-qotal Postage and Fees ---" ----------------------—---------------------------- 00 -Street and Apt.No.,or Pb Box No. $ r` - 1__ _ VVV1 � p�� __ .EJ c0 Sent Two �,( e � ,{ Ci S to Z +40 /�t�l�+ 1"Vy P .......................... - o ----------- ® Street a�f]]dAPt No.,or PO Box No. -{)—� ° o° ,,' .j r e r e°•e, ^°,ff -- -- = - _ — e - r" ✓• --_-1.l_'""' 1_---------------------------------- -------------------ty O i l fob TOWN'OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING 6vi u=, J;g?,Wesp, SCTM No. 1000- 03 N b aq_, (Name of Appl cants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ligb�k(A residing at � GVJBat-1 �f,.A ,New York,being duly sworn, depose and say that: I am the ( ) Owner or Z><Agent for owner of the subject property On the 9-0 day of �Wli'u , 201 , I personally placed the Town's Official Poster on subject property located at: KiQw 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 ee}}for seven (7)/days prior to the date of the subject heari date, w 'ch hearing date was shown to be FNotary H B ,486ATE t -State of New Yark(O er Agent Signature) 1AB6269204n Suffolk aunty Expires Sworn to before me this Day of C/ , 20 (Notary Public) * near the entrance or driveway entrance of property, as the area most visible to passerby I I COMPLETE,17HIS SECTION ON D9UVERY ■ Complete items 1,2,t-td 3.'' A. Signat e ■ Print your name and ai:dress on the reverse X so that we can return the card to you. ❑Agent ■ Attach this card to the back of the mailpiece, 0 ddre ee 1 B. Received by(Printed Name) C. Dat of De i e 7 or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 Ye ,L ra ��� _ If YES,enter delivery address below: [1 N ►� fR , II IIIIIII IIII III I IIIIIIIIIII IIIIIII IIII III I III ice Type ❑Ad3. ultSignature re 11❑Registered Mail Express® ❑ dult Signature Restricted Delivery ❑Registered Mail Restricted I rtified Maii® 959019402 4899 9032 1752 83 ❑Certified Mail Restricted Delivery ❑DeliveReturn Receipt for i ❑Collect on Delivery Merchandise j 2, Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirm l 7 018 1130 0 0 0 p 919� 1118 ^' - d Mail ❑Signature Confirmation ed Mad Restricted PS DeliveryRestricted Delivery Form 3811,July 2015 PSN 7530-02-000-9053 $500) i COMPLETESCV kCTI COMPLETE • ON ■ Complete items 1,2,and 3. A. STignure . ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed 111ae C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D;:-Is delivery gddress different from item 1? ❑Yes if YES tir derlipp-address below: ❑No y 141 d II Illlll I'll II I IIIIIIIIIII III I III III ll I II III El❑AduIlS Signature Resice tively ❑Registered ed MaiMail iR Restricted' 959019402 4899 9032 1752 52 certified Mail® Delivery ertified Mad Restricted Delivery [3 Return Receipt for , ❑Collect on Delivery Merchandise t__2._Article,Number_'fTransfer_fromseCvice IabelL;�i.; - Collect on Delivery Restricted Delivery ❑Signature ConfirmstionTM ured Mail , ? i ti❑Signature Confirmation 7 018 11-3b (I'd 0 0 919 5 18 8 Ored Mad Restricted Delivery Restricted Delivery r$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt • • . DELIVERY �SENDER: COMPLETE THIS■ Complete items 1,2,and 3. • A. Signatu ■ Print your name and address on the reverse X ,y gent so that we can return the card to you. (� ❑Addressee B. Receive rn a ) C:Date of Delivery .■ Attach this card to the back of the mailpiece, �® or on the front if space permits. 1:Article Addressed to: D. Is 61 ryad entejd�rese-diyffe t from item 1? 0 Yes if O '�UNr IvQ11 mss below: p No 11��8 II I IIIIII IIII 111 I IIIIIIIIIII III I III IIIIIIIIIII 3. Service Type ❑Priority Mail Express® ❑Adult Signature p Registered MaiIT'" � ❑ dult Signature Restricted Delivery 13 Registered Mail Restricted 959019402 4899 9032 1 752 69 fled Mail Restricted Delivery ❑Delivery ❑Collect on Delivery Merchandise [],Collect 2.Article Number(Transfer f(om service label) _ on Delivery Restricted Delivery E3 Signature ConfirmationTm `--red Mail ❑Signature Confirmation i 7 018 1130 0000 919 5 1G9 5 ir$500)11 Restricted Delivery Restricted Delivery l PS Form 3811,July 2015 PSN 7530-02-000-9053 _ Domestic Return Receipt ; i4C)TIi. E uF HEARIi4o The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : TOPPER , LEWIS # 7296 SCTM # : 1000- 123-6- 12 .4 JARIANCEN YARD SETBACKS LOT COVERAGE ; SHED LOCATION REQUESTm , ADDITIONS & ALTERATIONS TO DWELLING & LEGALIZE AS BUILT TRELLIS 8 ACCY. SHED DATE : WEDNESDAY, JULY 3 , 2019 10mm5OAM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 3, 2019 Re: Town Code Chapter 55 -Public Notices for Wednesday, July 3, 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 June 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. 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 address5 or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 24th : Please either mail or-deliver to our office your Affidavit of --- - Mailing-(form-enclosed)-with parcel numbers, names and-addresses noted, along-with -the- green/white long-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 June 25th Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from .the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 1, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF so�jyo 53095 Main Road• P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: - Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento z9e, u Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS - -- --- - -- - - ---TOWN_OF_SOUTHOLD - --- - Tel.(631) 765-1809 •Fax (631) 765-9064 MAR 7 2019 March 6, 2019 Southold Town Mark Terry, Principal Planner Planning Board LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7296 TOPPER, Lewis Dear Mark: We have received an application for additions and alterations to an existing single family dwelling, to legalize "as built" trellis addition over patio and to legalize the "as built" accessory shed. 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 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper By: Ed"-C— Encl. . Survey : Martin Donald Hand Dated : Revised 1/22/19 Site Plan : Federick Weber Dated : Feb. 14, 2019 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF $UUTyOI 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. � • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �'* COU11 � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9March 6, 2019 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 #7296 Owner/Application : TOPPER, Lewis Action Requested : Additions and alterations to existing dwelling, legalize as built trellis addition over patio and legalize the as built accessory shed. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C p By: erson B s Encls. Survey : Martin Donald Hand Dated : Revised 1/22/19 Site Plan : Federick Weber Dated : Feb. 14, 2019 BOARD MEMBERS �*0� $U(/ry0 Southold Town Hall Leslie Kanes Weisman,Chairperson ti0 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora C Office Location: Eric Dantes aQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento ycou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 23, 2019 Frederick Weber 41 East Maple Road Greenlawn,NY 11740 Re: ZBA Application#7296 Lewis Topper, 3605 Camp Mineola Road, Mattituck SCTM No. 1000-123-6-12.4 Dear Mr. Weber; Transmitted for your records is a copy of the Board's July 18, 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. We have enclosed two Property Owner's Statements, in accordance with the condition of variance relief approval. These documents must be acknowledged with the owner's signature before a notary, and then submitted to the Building Department and the Office of the Zoning Board of Appeals prior to applying for a building permit. 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. S incerel T, Kim E. Fuentes Board Assistant Encl. cc: Building Dept. 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