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HomeMy WebLinkAbout7320 .��, �`�,�,�d ��►ole , ---- �� �06 fi n }�CtS cc s ,.z4 Q�ref�I��► ��� `�/��,.�,- rol���t� .• • � •- /J� � - L.��' --� • i ��as{ llne -rre T2 a al�Ze Aar b l�" c�td h� ,7 ul dwell ;4b OL/vl set" ow CHECK BOXES AS �'^"not G-rGin ( ) Tape this form tc y 0 y 0 ( ) Pull ZBA copy of `� 0. a ( ) Check file boxes y `D -ti N ( ) Assign next numl o outside of file fol 1 { ) Date stamp entir m - -u 0° -° o c� i � xon. 0a- m �, � file number _ � ( 0 Cn ( ) Hole punch entir o `� a) v 5 m (before sending I t m w ---q o y ,,- o � ( ) Create new inde (�3 c;, w w 0- n Q cn N ;4 - m ( ) Print contact inf( = z Q 0 ( ) Prepare transmit "-rn C:> ( ) Send original api w to Town Clerk 0 ^' ( ) Note inside file f m i' and tape to insid �, ► ( ) Copy County Tax b c� neighbors and A ( ) Make 7 copies an,- Do niDo mailing label N 0 BOARD MEMBERS ��®f 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. `® 54375 Main Road(at Youngs Avenue) Nicholas Planamento lyCOU ,� Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS CL' (4 9:50 AM TOWN OF SOUTHOLD OCT 2 8 2019 Tel.(631)765-1809•Fax(631)765-9064 0. Ma Sou old Town Cleric FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 24, 2019 ZBA FILE#7320 and#7321 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2125 Pine Tree Road, Cutchogue,NY 11935 SCTM# 1000-98-1-13 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 14, 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 October 9, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, the existing garage building has a certificate of occupancy for its current location and the proposed use of the garage as a storage building is listed as a permitted use in §280 of the town's zoning code. Therefore, the use of the garage building and the location of the garage building are CONSISTENT with the LWRP. In addition, in a memo dated October 9, 2019, the LWRP Coordinator determined that proposed action, "interpreting an existing code, rule or regulation," is EXEMPT from LWRP review. PROPERTY FACTS/DESCRIPTION: The parcel is a nonconforming 21,653 square foot waterfront parcel located in an R-40 zone. The parcel runs 108.81 feet along Little creek. The parcel runs 76 feet along pine tree road, 363.47 feet on the South side and 329.84 feet on the North side. The parcel is improved with a one story frames house with deck, a frame garage, a shed, and a dock with ramp and floating dock. All is shown on a survey by John T. Metzger LLS dated January 10, 2012 and last updated March 1, 2019. Page 2, October 24,2019 #7320 &7321,Hans SCTM No. 1000-98-1-13 Appeal No. 7320—Area Variance BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 2, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage; at, 1) less than the code required side yard setback of 10 feet; located at 2125 Pine Tree Road, (Adj. to Little Creels) Cutchogue,NY. SCTM No. 1000-98-1-13.) RELIEF REQUESTED: The applicant requests a variance to legalize an "as built" attached deck and outdoor shower addition on an existing accessory garage with a non-conforming side yard setback of+/- 5 feet where code requires a minimum of 10 feet. ADDITIONAL INFORMATION: ZBA Appeal Number 2993, dated May 20, 1982 granted variance relief for the current location of the garage. Variance decision 2993 stated that the garage shall not be closer than six feet to the south property line and the garage structure be used only for storage (no sleeping or living quarters)". The subject property has a certificate of occupancy number z-23719 for a one family dwelling with accessory one car wood frame garage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 10, 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 4267-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 subject accessory garage's non-conforming setback was previously approved by the ZBA in decision #2993 and legalized by certificate of occupancy z23719. The subject accessory garage has not been used to store cars for some time since there is no driveway leading to the garage door and an as built accessory shed currently blocks access to the garage door. The garage's current use as a storage building is permitted by town code and ZBA decision 42993. The "as-built" attached outdoor shower maintains the same non-conforming setback as the "accessory garage". The subject accessory structure has been improved with a French door entrance and small attached deck and the interior has been improved with uninsulated plywood walls that are painted white. These improvements cannot be seen from the street or adjacent properties. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant can be achieved by moving the garage. However, moving the garage is not a practical solution in order to renovate storage space and add an outdoor shower. Therefore,the benefit sought by the applicant requires variance relief. 3. Town Law §267-1b(3)(b)(3). The variance granted herein is mathematically substantial, representing 50% relief from the code. However, the garage has the benefit of a prior area variance for the non-conforming side yard setback which is being maintained by the outdoor shower addition and a certificate of occupancy which allows the current use of the accessory structure for storage purposes. 4. Town Law 4267-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. Page 3, October 24,2019 #7320&7321, Hans SCTM No. 1000-98-1-13 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. Although the garage's non-conforming side yard setback received previous variance relief and a certificate of occupancy, the addition of the as built outdoor shower, which extends along the non-conforming setback, is not permitted without a building permit and additional variance relief. 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 storage space with an outdoor shower 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 Dantes, seconded by Member Planamento, and duly carried, to GRANT the variance as applied for, and shown on the architectural drawing by Richard M. Sutter Architect dated October 10, 2019 and the survey by John T. Metzger LLS dated January 10, 2012, and last updated March 1, 2019. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The attached deck shall remain open to the sky. 2. The applicant shall obtain an updated Certificate of Occupancy from the Building Department changing the use of the subject structure from an accessory garage to an accessory storage building 3. The subject accessory building (garage) shall be used for storage only and shall not be used for habitation, sleeping or recreation. 4. Any future improvements to the accessory structure will require approval by the Zoning Board of Appeals. Appeal No. 7321— Use VarianceAnterpretation BASIS OF APPLICATION: Request for an interpretation pursuant to Article III, Section 280-13(C); and the Building Inspector's April 2, 2019 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage, at; 1) as to whether "as-built" construction of finished space in an existing accessory garage is a permitted accessory use; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue,NY. SCTM No. 1000-98-1-13. RELIEF REQUESTED: Pursuant to the Notice of Disapproval dated April 2, 2019, the Building Inspector has denied the use of the "as built finished space in the accessory building and determined it is not a permitted accessory use." The applicant requests an interpretation, of the code determining that the subject accessory garage shall be allowed to continue its use as a non-habitable storage building with an outdoor shower and attached deck. The Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. The subject accessory garage is not being used for habitation 2. The garage contains one room and no bathroom or kitchen, 3. The subject accessory garage contains a hot water heater for the attached outdoor shower 4. The garage is not insulated and has no heat or air conditioning 5. The modest improvements to the interior of the garage do not change the garage's permitted use as "storage"to a non-conforming use. 6. The applicant's representative indicated that the garage is currently being used as a storage building. 7. The applicant submitted an updated floor plan and elevations prepared by Richard M. Suter,R.A., dated October 10, 2019 which indicates that the subject accessory garage is being used for storage only, and not to be used for living or sleeping. Page 4, October 24,2019 #7320&7321,Hans SCTM No. 1000-98-1-13 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 Dantes, seconded by Member Acampora, and duly carried,to OVERTURN the Building Department's Notice of Disapproval determining wrongly that the subject "as built" finished space in the accessory building is not a permitted accessory use. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 (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, Acampora,Planamento and Lehnert. (5-0) LU Gslie Kanles Weisma , hairperson Approved for filing 2019 1 LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AND CONSTRUC71ON OF SUBSURFACE SEWAGE N DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES A T CUTCHOG UE MARCH 28, 1935 AS FILE N0. 1179 and will abide by the conditions set forth therein and on the TOWN OF SOUTHOLD permit to construct. SUFFOLK COUNTY, N. Y. µ°�'¢ The location of wells, cesspools & public watershown hereon are 1000-98-01-13 from field observations and or from data obtained from others SCALE: V-30' JANUARY 10, 2012 (DWELLING) OCTOBER 18, 2017 (CER7IF/CA710NS) SEP�C SYS�M Lo DECEMBER UNKNOWN) DECEMBER 11, 2017 SETBACKS) vW c,wow,� DECEMBER 5, 2018 �OT COVERAGE) & EDGE �� ` Ew Nion w'�7ia MARCH 1, 2019 (ADD WALK/DECK BY GAR.) "° WC" ON ewe"' s' � fir' ROAD �r �c ----- ----sem``�' R8Ow0OD -___ O - 329 " P — `��cX xWIRE � — o PAVERS �lO ;���,,,�` v �. Avd.RoAD �`MS3-x09 5X�.E X�x How ��� Bea ' ZONE X \tcy\\ 0.5. ST FE FE IE 916. ,A l15. 1 / v — O ONE STORY N +to.e' — FRAME HOUSE F.F. a.. 11.8 � 9; ZONE � \ ,a- PAVFRS 11.2' �\ ?c (EL 6) ; ` \\ 01 LOT 19 a C= PAVER WALK 60 DECK bt ❑ x roG ,� .` '�. `� _ -- a SUED 18.5' FR. GfR. ur SHOWER _ — wAu. 363.47' ®G � \,S ��` ;� 1.4'S 0.4'S rO ��� \ OO, �\ u N WIRE FENCE q S85'09'50"W (DWELLING) LOT 'I 8 o."S IN AG�Ii '' '`�' \` Certified To: ' cry �"�d Richards Hans .pJ Siobhan' Hans I111AL r Fidelity ;National Title Insurance Company REVIEWED ZIBA TEST HOLE DATA Citibank BY McDON/AL/1GFOSCiENCE + SEE D E C B 60�1 t DARK BROWN LOAM OL DATED d V 7 i;k ------ '' AREA=21,653 SO. FT. LOT COVERAGE BROWN SILTY SAND SM TOME LIME UPLAND AREA = 20.624 SQ.FT. -SOF NEW r BOWINGa �E7 " ---- 4 ELEVATIONS REFERENCED TO N.A.V.D. HOUR' ac DECK 2333 sq.ft. GARAGE & SHED 331 sq.e. � ��� � FLOOD ZONE FROM FIRM RATE MAP NUMBER 2414120,624 = 11.7X d �" k��.�'t PALE BROWN FINE SAND SP 36103CO164 H SEPTEMBER 25, 2009 EL. as wms a s ` o wcZ1- ' ��Fn-A ,�j� ' r . LIC. NO. 49618 p 2 ANY AL7ERA110N OR ADD/710N'T0 THIS SURVEY IS A NOLA77ON PECOl1�I.Cj� r Sz, P.C. WA1ER IN PALE BROWN FINE SAND SP ✓ OF SECTION 7209 OF •1HE NEW YORK STATE EDUCA77ON LAW. (631) 76�— 020 FAX (631) 765-1797 EXCEPT AS PER SECMIN 7209 SUBDIVISION 2 ALL CERTIFICATIONS P.O. BOX 909 ■=MONUMENT HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES $EAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 1r O fes, 1=WETLAND FLAG WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. 11971 12-.101 4 i 4r 0 ` � �� .a` `w'r""�._,. '-".""'^ S.�.,+w.`-..,.iciu --t^•riu ewe. _ Flu 71� - -- -- --- ----------- L_ 1 i RECEIVED OCT ], 7 2019 eals 4 ; zoning rd of App i I $ FINAL MAP REVIEWED BY ZBA I .11, F- ARS"' SEE DECISION # 15RO ~c�� l DATED 1-2q- ilk - Y2 u 1T -• -- IARCHITEC �1 i �' o . •` - . EXLSTONG DETACHED GARAGE 208.5 SQUAREE FEET TO USED � DANS RESIDENCE AS STORAGE 2125 [�IFVE TREE LANE AND LVOT TO BE USED FOR LIVING OR SLEEPING i (�L9�'C�®GUJE N.Y. SCALE %°°_g°-®°° DATE 2-13-19 ! EXISTING OUTDOOR SHOWER AND.SKIIDS EXISTING 88 SQUARE FEET I �.�. >��t:g7® HIDA im �BiGG ALL EXISTING MATERIALS TO REMAIN 'PHONE "6 ' 31-65 _3077 � �I r - FICE LOCATION: �� S®U�yO MAILING ADDRESS: k4 Town Hall Annex �® l® P.O. Box 1179 '� 54375 State Route 25 Southold, NY 11971 � or.Main Rd. &Youngs Ave.) G Q Telephone: 631 765-1938 , ltouthold, NY 11971 • �O 1 Q Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVE® MEMORANDUM 9Z To: Leslie Weisman, Chair OCT 0 9 2019 Members of the Zoning Board of Appeals From: Mark Terry,AICP Zoning Board Of Appeals Assistant Town Planning Director LWRP Coordinator Date October 9,2019 Re: LWRP Coastal Consistency Review for ZBA File Ref RICHARD AND SIOBHAN HAN"S#7320 SCTM# 1000-98-1-13. RICHARD AND SIOBHAN HANS 47320 - Request for a Variance from Article III, Section 280-15 and the Building Inspector's April 2, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage; at, 1) less than the code required side yard setback of 10 feet; located at 2125 Pine Tree Road, (Adj.to Little Creek)Cutchogue,NY. SCTM No. 1000-98-1-13. 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"as built fence" 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 accessory garage was constructed without obtaining required review or permits. As-built development does not minimize adverse effects of development, sets 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 6. Protect and restore the quality and function of the Town of Southold ecosystem. The outdoor shower drainage is not shown. There is also a concern about the well shown to the north of the structure and nearby concrete cover. Are these structures in use and functioning? An assessment on potential adverse impacts to groundwater should be made. 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 �' m j;F- OUNTY OF SUFFOLK RECEIVED o`� S JUN 4 2090 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Theresa Ward Department of Deputy County Executive and Commissioner Economic Development and Planning June 10, 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: 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 Liquor, Frederick #7318 Hans, Richard& Siobhan #7320 Harney, William #7322 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning &Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th 171 ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD MAY 17 2019 BUILDING.DEPARTMENT SOUTHOLD, N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: April 2, 2019 TO: Bruce Anderson(Hans) PO Box 2003 r Bridgehampton, NY 11932 f Please take notice that your application dated March 26, 2019: For permit to: legalize "as built" additions and alterations to an existing accessorygarage at: Location of property: 2125 Pine Tree Road, Cutchogue NY County Tax Map No. 1000— Section 98 Block 1 Lot 13 Is returned herewith and disapproved on the following grounds: The"as built" construction on this nonconforming 21,653 square foot lot in the Residential R-40 District isnot permitted pursuant to Article III Section 280-1 jtQj. The"as built" finished space in the accessory•building is not a permitted accessory use In addition, the construction is not permitted pursuant to Article III Section 280-15 which states lots measuring 20,000 to 39,999 square feet in total size require a side yard setback of 10 feet. The "as:built" construction has a side and setback of=L5 feet. Authorized Signa ` 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. IV APPLICATION TO THE SOUTHOLD TOWN BOARD OF APAC .S AREA VARIANCE MAY 17 7019 House No. 21 -5 Street Pine Tree Road hamlet ,,tQhog«e ;ZQ�aY4iG RQAgn OF APPEALS SCTM 1000 Section 98 Block 01 Lot(s) 13 Lot Size 0.64 acres Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 2, 2019 BASED ON SURVEYISITE PLAN DATED_ March 1, 2019 Owner(s): Richard&Siobhan Hans Mailing Address: 60 Knowllwood Drive • Larchmont NY e 10538 Telephone: (914)-450-4337 Fax: N/A _ Email: randshans@aol.com 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: Robert W. Anderson for(Xj Owner( )Other: Address: PO Box 2003 • Bridcehampton,NY • 11932 Telephone:(631)-537-5160 Fax: (631)-537-5291 Email: robert@suffolkenvironmental.com Please check to specify who you wisl:correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), ()o Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 1, 2019 and DENIED AN APPLICATION DATED March 26, 2019 FOR: ( ) Building Permit { ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280 Subsection: 15 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 (K) has, ( ) has not been made at any time with respect to this property,UNDER Appeal No(s). 7228,1362 Year(s). 2018,1970(respectively) . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# REASONS FOR kPPE AL ((IVCISC beTP0VyJ'C,UddilkW)ShOMS?n13 opargr 59[f,-?1�d L Vidt jW 'S T;)A"D RECEIVED I..kn umdcr0Tablc chmago%v ill art be,produced%*ic CH A RACTER of Ita ncighbor oT F;demim. cmo ti to 3. proi�cr;ics if grdiacd,because: WY 2 019 The as-built construction is sufficiently blocked from the view of the road by established NIq RD OF APPEALS c vegetation,Therefore this construction will not cause an undesirable change in the characZteOr o e neighbor or a detriment to nearby properties. 2, 7 lu:benei it sought by the'appth:'a!PjE CAM fQT be ncbievd by some magh-od filzmibli�for Oic opplican't to pulskle, odier that rift area vafimae.because" The outdoor shower is attached to the pre-existing, non-conforming garage, Therefore the shower falls short of the same setback by the same amount. 3. The amount of reliDrreque,40 is not substantiah because; The approved as-built garage,to which the additions were made to,falls short of the 10 foot side yard setback,therefore the additions fall short of the same setback by the same amount. 4,The variapce will NOT have an adv -c cried or impact on the physical��enviiejunental candilions in the ncigh'hodioud or district because: The as-built outdoor shower is sufficiently blocked from the view of the road by established vegetation on three sides of the property, also,applicant anticipates the approval of any and all environmental permits from various agencies.Therefore we are not expecting any adverse effect or impact to the physical or environmental conditions of the neighborhood or the district. 5.Hxq the alleged difficulty been self-erjalad'7 NJ Yes,or I ) No W11y: The alleged difficulty was self-created by having the construction completed prior to regulatory approval.However,this type of construction is routine in an area where aquatic recreation is commonly enjoyed by a large amount of the populous. Are tfiofeany Cog emllkLq of Restfictiuns concerning, this 1--lud? k) No Yes(please furnish a cupy) This is Clic.�Nfrfq&W.Mat is necessary and adequota,and at Che same time preserve and protect!he clmmcter or die ricigbbor-hood and The Health,safety add welfare of the corrununity. A--L#-- Signatune of Applie2tit or Authotiztd Agent (AGeni mintuahmb wntion Avt!in6T_rivn firm Gwa*r) &Xnm In h re rye thin 1211111 of'-_ Notary,1/0 MATTHEW D. (VANS NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 Qualified in Suffolk County My Commission Expires 01-22-" 20 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Richard F.Hans and Siobham Hans DATE PREPARED: 5/14/19 RECEIVED 1.For Demolition of Existing Building Areas MAY 1 •7 2119 Please describe areas being removed: Tlqm 20NING BOARD OF APPEALS II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 5' x 7' (35 s.f.) Dimensions of new second floor:_ N/A Dimensions of floor above second.level: N/A Height(from finished ground to top of ridge): 6 ft. Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Number of Floors and Changes WITH Alterations: 1 IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: house/deck. 2,093 + garage/shed- 331 =2,414,-,-f Proposed increase of building coverage: existin s.f. : 2,414+outdoor shower: 35 s.f. =2,449 s.f. Square footage of your lot: 2O,624 s_f Percentage of coverage of your lot by building area: 414/20,624= 11.7 % V. Purpose of New Construction: Outdoor Shower(outdoor washing area) 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): Moderate slopes (10%+/-) 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. 412012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION MAY 17 2019 A. Is the subject premises listed on the real estate market for sale? Yes X 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. l.)Are there areas that contain sand or wetland grasses? Yes (seaward of bulkhead) 2.)Are those areas shown on the survey submitted with this application? y, 3.)Is the property bulk headed'between the wetlands area and the upland building area? Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: Awaiting variance rehef prior to filing with Trustees and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? c E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area,of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel_UWtnt RL__SMgle EaMiL3' and the proposed use same with outdoor shower attached —A.-garagpl. (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date 1 RECEIVED AGRICULTURAL DATA STATEMENT MAY I 'd- ?619 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 'ZONING BOARD OF APPEALS 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. I. Name of Applicant: Richard F.Hans &Siobhan Hans 2. Address of Applicant: 6o Knollwood Thrive o T.archmolpt Ny 10538 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Pro gam,e anxis ing_nuti & r Shower 5' x 7' (35 s f)- 6. Location of Property: (road and Tax map number) 2125 Pine Tree Road •.Cutchogue,NY c (1000-98-01-13) 7. Is the parcel within 500 feet of a farm operation? { } Yes W No 8. Is this parcel actively farmed? { } Yes N No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) (2�- � A-k" -1 / / /2- Signature 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 RECEIVED Appenrd&B Short.Enuiror:rnentalAssessmentForin MAY A Instructions for CompletinZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as'thorougbly 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: Hans Property Project Location(describe,and attach a location map): 2125 Pine Tree Road • Cutchogue,NY • 11935 Brief Description of Proposed Action: Applicant seeking to legalize as-built outdoor shower attached to pre-existing garage. Name of Applicant or Sponsor: Telephone: (631)-537-5160 Bruce A. Anderson-Suffolk Environmental Consulting Inc. E-Mail: bruce@suffolkenvironmental.com Address: 2322 Main Street • Bridgehampton,NY • 11932 City/PO: P.O.Box 2003 • Bridgehampton State: Zip Code: New York 11932 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit;approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 06.4 acres b.Total acreage to be physically disturbed? <0,I acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.64 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial W Residential(suburban) ❑Forest ❑Agriculture 0 Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 RECEIVED S. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? � 6 26199 X b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action locaied in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: _ Little Creek(a trihntsry to Peconin Rav CFA) X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A outdoor shower X 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? X 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? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ® Wetland 0 Urban 0 Suburban IS.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? NO YES X 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? 0 NO 0 YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO 0 YES Page 2 of 4 I S.Does the proposed action include construction or other activities that result in the imp.1i d 'g ,t of NO 'YES Water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ie v X - ZONING RnAQn ff APPtALS 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO TkE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Is—®l -f Signature:0,, Part 2:Impact Assess'ment. The Lead,Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. 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, aTchitecturat or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodics,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED No,or Moderate small to large - impact impact ZONING 60ARb'ORAWtAL�.. 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. ❑ 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 APPLICANVOWNER TkANSACTIONAL 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 7o YOUR NAME: Siobhan Hans RECEIVED (Last name, first name,middle initial,unless you are applying in the name MAY ,� ���� of someone else or other entity,such as a company. I f so, indicate the other person or company name.) ZONING BOARD OF APPEALS NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Change of Zone Approval fo Plat Other(activity) 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP r � Submitted this ('/ � 7, Signature:_ _ Print Name: S/ e2 617 Siobhan Hans APPLICANVOWNER TI._.,SACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The_purposeof 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. eO YOUR NAME:Siobhan Hans RECEIVED (Last name, first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so, indicate the MAY A 7 2019 other person or company name.) ZONING BOARD OF APPEALS NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Change of Zone Approval fo Plat Other(activity) 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (tile applicant) and the Town officer or employee. Either check the appropriate line A through D (below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature'- Print ignature;Print Name: i Richard F. Hans 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. YOUR NAME : 'Bruce A. Anrkrson- 5:Aokk�-njj�rm mental 1.+C V%,Stll 6-wA .Lne. v (Last name,first name,middle initial,unless you are applying in the name of someone else'dr other entity,sp"IAJED company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) MAY °� 2019 Tax grievance Building Permit Variance X Trustee Permit ZONING 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 this—M-11 �day of 20 ice_ Signature,— A•�`��'�- l Print Name brm . A. AnAersoV1 RECEIVE® Town of Southold MAY 1 2019 L 'CONSISTENCY ASSESSMENT FORINT ZONING BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are'subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making it determination of consistency. *Except minor exempt actions including Building Permits and other ministerial perry:its 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 LIM 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.horthf5rk.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# 98 - �3 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. ® Building.Dept. ® Board of Trustees Q 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit,approval,license, certification: Nature and extent of action: L�g��i.ze as ilt o tdQo� hOwer_(5'x7'(35 s.f. ) attached to�nre-exi_.____st�n�, non-conforming Location of action: 2125 Pine Tree Road • Cutchogue,New York • 11935 c_ --. Site acreage: 0.64 acres may 11-2-619 Present land use: Residential Single Family with Deck ZOUTMG BOARD OF APPEALS Present zoning classification: R-40 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: Bruce A.Anderson-Suffolk Environmental Consulting Inc. (b) Mailing address: P.O.Box 2003 • Bridgehampton,New York • 11932 (c) Telephone number:Area Code( ) (631)-537-5160 (d) Application number,if any:, Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes 11 No FX1 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 LP Section III—Policies, Page 2 for evaluation criteria. Yes ❑ No ® Not Applicable This project makes efficient use of infrastructure(i.e.the pre-existing,non-conforming garage). Therefore this proposal is consistent with the above referenced Policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWII;P Section III—Policies Pages 3 through 6 for evaluation criteria ® Yes R No n Not Applicable Attach additional sheets if necessary (RECEIVED Policy 3. Enhance visual quality and protect scenic resources throughout tlfLA,,To,-*fn?(,-)PSouthold. See LVVRP Section III—Policies'Pages 4,through 7 for evaluation criteria ' ZONING BOARD OF APPEALS R' Yes F No M Not Applicable Outdoor shower is not visible from the,road, orb adjacent properties due to established vegetation. Attach additional sheets if necessary NATLMAL COAST POLICIES Policy 4. Minimize loss of fife, structures, and natural resources from flooding and erosion. See LSP Section III—Policies Pages 8 through 16 for evaluation criteria 13 Yes 13 No R Not 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 -7 R Yes 11 No PE Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 7 No' Not Applicable RECEIVED Attach additional sheets if necessary ZONING 80ARDWPP Policy 7. Protect and improve air quality in the Town of Southold. See LNVRP Section I I — �icies Pages 32 through 34 for evaluation-riteria. ❑r "Yes ❑r No' Not Applicable Attach additional sheets if necessary Policy 8. Alinimize environmental degradation in 'T'own of Southold from solid waste and hazardous substances and wastes. See 1L,WRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ©Yes ❑ No ® 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. 0 YeO No M Not Applicable Attach additional sheets if necessary WORK.ING OAST POLICIES ]Policy 10. Protect Southold's water=dependent uses and promote siting of new water-dependent uses in suitable locations. See LMW Section III—Policies; Pages 47 through 56 for evaluation criteria. ©Yes ❑ No ® Not Applicable RECEIVED e7 Wim' Wkly 11 7 ?Ml MNiimG BOARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LNVRP Section III—Policies; Pages 57 through 62 for evaluation criteria. © Yes ❑ No[3� Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. © Yes ❑ No© Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVVRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 5125105 11:20 AM RECEIVED Board of Zoning Appeals Application MAY 1 P17 9019 AUTHORIZATION ZONING BOARD OF APPEALS (Where the Applicant is not the Owner) We, Richard F. Hans and Siobhan Hans residing at 60 Knollwood Drive. Larchmont.NY 10538 do hereby authorize Suffolk Environmental Consulting. Inc.to apply for variance(s)on our behalf from the Southold Board of Appeals. Richard F. Hans Siobhan Hans FORM NO. 4 RECEIVED MAY 17 26ig TOWN OF SOUTHOLD BUILDING DEPARTMENT ZONING BOARD OF APPEALS Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. ."5330. . . . . Date . . . July. 2? . .. . . . . . . . . . . . . ., 19 3 . 2125 Pine Tree ,.Street-,ad THIS CERTIFIES that the building located at . . . . . . . . . . . . . 19 Map No Nassau Fa1'mBlock No. . . . . . . . . . .Lot No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated August 5 , 1970 . pursuant to which Building Permit N0491.7.- . . . dated �u :�s .21 . .. . . . . . . . . .. 19 rf 1. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .Private One Family. Dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to Mrs. Walter. Fried (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pending UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER .2125. . . . . . . . Street .Pine Tree Road.,. Ciitchogue il.Y. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FORPA NO.4 TOWN OF SOUTHOLD' RECEIVED BUILDING DEPARTMENT MAY 17 2099 Office of the Building Inspector Town Hall 7p�r Southold, N.Y. NG BOARD OF APPEALS Certificate Of Occupancy No. . . . . . ,Z,J,14£3„ Date . . . . . . December, 13 1982 . . . THIS CER'T'IFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Location of'Pioperty -25 2 . .Pin.e. .Tr'.e.e. .Bp.a.cl, , Qu.tgbpgue House No. Street Hamlet County Tax Map No. 1000 Section . . 9.$ . . . . . . .Block . . QJ . . . . . . . . . .Lot . . a1.3 . . . . . . . . . . . Subdivision . . .Nassau Farms. . . . . . . . . . . . . .Filed Map No.' 1 17 9 .Lot No. . . 1 9 . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated A pp.�I. 2• • • • • • • • . . . . . . . , M2. pursuant to which Building Permit No. . 17 $21 Z . . _ . . . . . . . . . dated• . . . . . .Ju I y. . ?6. . . . . . . . . . . . . . . 1982, ,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 . . . . . . . . . ac.c1gs190x:y. .99r.a9p. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . The certificate is issued to . . . . .Gera!d . GaJI, ian.o , of the aforesaid building. Suffolk County Department of Health Approval . . . Al . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . NAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 .'.;.i[ .. ,u -J ....r...._.�..�.. ........_.._....r-�.....• ......_.>.�..............xia...>.. ._r.:c.�_ni...._u-a:k.-.._,,.<.v_s.e . ...->......:s.._«.s..b_...a=a.-.J.i.-.... - _.......... a.._._ -..._..�.....a............... w...a_. m...r....r.- RECEIVE[) FORM NO, 4 TOWN OF SOUTHOLD MAY 1 ° 2019 BUILDING DEPARTMENT Office of the Building Inspector ZONING BOARD OF APPEALS Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20453 Date JANUARY 8, 1992 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 2, 1992 pursuant to which Building Permit No. 20363-Z dated JANUARY 6, 1992 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 PATIO ENCLOSURE & BATHROOM ADDITION TO EXISTING ONE ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GERARD GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVALNZA UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/61 .'J.''r6:.o..,.._...�.„J..._.x....o_F...vxx..fa..n.z__ ��� +.. .. uw.n,.,r.�+v_._...�.....3 - ...i.... ..........w..u+.>✓.».a......w...J,,.,._a,�...u.=..,...-..._i.-eM'ay.cJ...e......vw...+:..,..,'.la." .5+..,ra.u.a......av-c...__...+.«_ .,...... . ..k.._..«_ .....,...a..-w v. FORM NO. 4 RECEIVED TOWN OF SOUTHOLD MAY 17 26119 BUILDING DEPARTMENT Office of the, Building Inspector ZONING BOARD OF APPEALS Town Hall Southold, N.Y. UPDATED PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-23719 Date JUNE 21, 1995 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23719 dated JUNE 21, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the lain. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY 1 CAR WOOD FRAME' GARAGE The certificate is issued to GERARD & HUGUETTE GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. NOTE: THIS UPDATES`�PRE CO Z-20454 DATED JAN. 8, 1992. Bu lding Inspector Rev. 1/81 RECEIVED Repair ..... . .... .... Removal .....,. .. .., .. DCnt70hZ:011 .. .. .. .... . . . . Other Work .. ........ .... 7 ? 7oa0 — ©1 (Description) Y I . .. . . . .. . .. . .... . . . .. .. . . . i - . . .1. . . .... . . . . .. .. . . . .. .-.. .. .. . . . . (to be paid on Cling this applicat NTNG BOARD OF APPEALS i• If dwelling,number of dwellinjg units .. ... .. ... ..... Nwnber of dwelling units on each floor... ... .. ., .. .. .. If garage,num ber of cars .Q.1 . ....... ... ............... .... i, If business,commercial or mixed occuaancy,specify nature and extent of each type of use .. .. .... ...... .. .. . . 7. Dimensions of existing structures,if any: Front , , . . .:.. . . .. .. . Rear .. . .. , .. . ... Depth . . ...... .. . .. . Height ................Number ofStories .. ..... ... .. .. . ....... . .... ... .. . ...... . ............... Dimensions of same structure with alterations or additions: Front ... . ........ . .. .. Rear ... , ,..... . ,. ..•. Depth .... ............... ... Height . . .. .. . . ... . ....Nnnm'bbr of Stories .. ..... . . ...... i. Dimensions of entire new construction:,Front ../Z�: .... .... Rear .,/, Depth Q.�.. ...... Height ./.?�... Number of Stores ..../. ... ... ..: . ...,....... ). Size of lot: Front .��.�.. ..... . ..... Rear ./P�••�`�'..... .. , ... . Depth `��'3 ....... ...... ). Date of Purchase . ..... .............Name of Fonner Owner . . . .... .. .. .............. 1. Zone or use district in which premises are situated... . ...... .. ... . .. .. . ..... . ..... ............ ........ ?. Does proposed construction violate any zoning law,ordinance or regulation: ............ ................... 3. WiH lot be regraded .... ......... . . . ............. .Will excess fill be removed from premises: Yes Nt 1. Name of Owner of premises .. ... ... ... .. ... ....Address .... . .. .. ....... ...Phone No. ............ .. Name of Architect .. .. .. ...... .. ... . .........Address .. .. .. .......... . ..Phone No, .. ......:..... Nameof Contractor .... .. . .. .. .... . ... ... ..Address ... ........ ..... . ..Phone No. .. ........ .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions fron roperty fines.Give street and block number or description according to decd,and show street names and indicate whethe terior or corner lot. ?C I-A ME _-Z � � •r� , h'coS�, ' rte,�-+- m�� �- 20 (' TATE OUN4NRK S.S• •• .. .. behig duly sworn,deposes and say hat he is the applican. f individual signing contract) Bove named. � . .. . . . . .. e is the .., . (Contracto , gent, orporate officer,etc.) f said owner or owners, and is duly authorized to erfornn or have performed the said work and to make and file thi )plication;that all statements contained in this apple ation are true to the best of his knowledge and belief;and that tit ork will be performed in the man.per set forth in the application filed therewith. worn to before me this --�. p ......... . day of. , . .. . , 1900 Puplic, .. .. .. ounty ,C.�".. . `I~PUBLIC,S e al New Yoo 3. Nature of work(check which applicable): New Building . .. ...... . Addition . Iteration Repair .. .. ... . ...... Remov4l . .. .. , . ..... .. Demolition ...... .. .... . . Other Work 4. Estimated Cost .. ...�'`!�!�A .. .. . .. . .. .1. ... .... .. . . ....... (Description) Fee . . . •RECEIVED (to be paid on filing this application) �1 5. If dwelling,number of dwelling„iitaits .. . . . . . .. . .. . .. Number of dwelling units on each floor, MAY A 7 2��9 If garage,number tuf Fars, .'! = .''•' ' '''' 6, If business,commercial or mixed occupancy,specify nature and extent of each type of use ••Z.Qf1t?NG-BOARD OF APPEALS 7. Dimensions of existing structures„if any: Front.. .... ....... . . Rear . . ...,,.. .., , Depth . Height ....:k,4:-.' Number of Stories ... .... . .. .. ... Dimensions of same structure witli alterations or additions:Front Rear . Depth ......... ..... .... .... Height ...... .. ...... .........Number of Stories , 8, Dimensions of entire new construction: Front .. . ........ ... . Rear .. . Depth Height . . .... .. .. .....IvuntUer of Stories . ..... 9. Size of lot:Front .... ... . . . , Rear ... ....... .. .. ..... ......... ..... .. ...... , Depth 10. Date of Purchase .. .. ... .. . . .. . .. .. ....... Name of Former Owner.,.• .. .... • . . .... . , 11. Zone or use district in which premises are situated. 12. Does proposed construction violate any zoning law,ordinance or regulation: 13. Will lot be regraded ........i....... .. .... . ....Will excess fill be removed from premises: Yes No 14, Name of Owner of premises ... ., . .., . , .•..Address ...... ... ....... ...Phone No. Name of Architect ,...... .... . .. . .. . ......Address .... • ,.•••.. ..... . .Phone No ..•.•. .... •.... . Name of Contractor ... ... ......... ... .. .......Address , ,.Phone No. , . . 15. Is this property located within 300 feet of a tidal xretland? *Yes ..., No *If yes, Southold To4m Trustees Permit map b PLO"1' e reqAM uired DIAGR . Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines.Give street and block number or description according to deed,and show street names and indicate whether interior or corner lot, t OQCUPANgY OR PLUMBER CERTIFICATION USE4S.UNLAWFUL oNLEAD CONTENT BEFORE WITMERTIF�CATE CERTIFICATE OF OCCUPANCY' OF' CCUDAN Ar SOLDER USED IN WATER ;r.. SUPPLY SYSTEM CANINOT j. EXCEED 2/16 of i LEAD, . STATE OF N1 COUNTY OF �( �lr�—• S,S . .. . .. . . being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . .. .. . .. . . . .. ... N. %.V&mo,_... .. . ... . ... ..... .. (Contractor,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 m this application are true to the best of his knowledge and belief;and that the work will be performed in the ma e�set forth in the application filed therewith. Sworn to before me this Notary Public, .. county GARY RA,NNER 01 SEN Notary Public Stat,of Navy York NO 52 21696()n Qua6f^eU^r1SufA". Coun;Y �vf •. •,/C:n»�..,.o•..f.....,t:..,._•.� Cmnmlcuv. t:,, .., p i l• � t !'t\ X A �� RECEIVED MAY 17 2059 t; s ZONING BOARD OF APPEALS , tl 4 1 CS ITO 14 t!3-• r f • �i=r � a-aPrs S + 1• 7aD� I ` L 4 r' , Town of Southold Annex 11/13/2014 P.O.Box 1179 RECEIVED 54375 Main Road y • ��'1 MAY Southold,New York 11971 ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 37269 Date: 11/13/2014 THIS CERTIFIES that the building SHED Location of Property: 2125 Pine Tree Rd, Cutchogue, SCTM#: 473889 Sec/Block/Lot: 98:-1-13 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/25/2013 pursuant to which Building Permit No. 38485 dated 11/7/2013 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ACCESSORY SHED AS APPLIED FOR The certificate is issued to Matelli Arthur Rev Trust&Matelli Esther Re (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Aut da Si ature BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��oF SOUjy� 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora �� Office Location: Eric Dantes T&fvWA%ex/First Floor, Robert Lehnert,Jr. • COQ 554F 5 Main Road(at Youngs Avenue) MAY Planamento l,Y�,OU &uthold,NY 11971 ZONING BOARD OF APPEALS http://southoldtowmy.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 DEC 2 4 2018 �•�9�� FINDINGS,DELIBERATIONS AND DETERMINATIONa- I [¢ MEETING OF DECEMBER 20,2018 Sou hold Town Clerk ZBA FILE: #7228 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2115 Pine Tree Road, (Adj.to Little Creek) Cutchogue SCTM#1000-98-1-13 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps'under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections_,A 14-14 thru A14-25, and the Suffolk County Department of Planning issued its reply dated September 14,2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: 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 November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records, it is the Coordinator's recommendation that the proposed faction is Exempt from LWRP review. PROPERTY FACTS/DESCRIPTION: The subject property is a 21, 653 square foot non-conforming parcel located in a R-40 Zoning District. Currently there is an existing single family one story residence with an attached deck. along with an existing and separate garage and a shed located in the front side yard. The northerly property measures 329.84 feet, the easterly property (Adj. to Little Creek) measures 108.81 feet, the southerly property measures 363.47 feet and the westerly property which runs along Pine Tree Road measures 76.00 feet.The existing garage measures 10.3 feet by 20.4 feet and the shed measures 12.2 feet by 10.00 feet as shown on the survey by John T. Metzger, LS, and last amended on December 5, 2018. Both the garage and the shed have Certificates of Occupancy issued in 1973. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's August 9, 2018,Notice of Disapproval based on an application to legalize and "as built" deck addition attached to an existing single-family dwelling located at 2125 Pine Tree Road, Cutchogue, NY. SCTM#1000-98-' 1-13. The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 Zoning District, is not permitted pursuant.to.Article_XXIII, SeGtion_280-124,which states that on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. Page 2, December 20,2018 -` RECEIVED #7228, Hans SUM No. 1000-98-1-13 �A ���� ZONING BOARD OF APPEALS RELIEF REQUESTED: The applicant requests a variance to legalize an existing"as built" 12 feet by 34 feet deck attached to the rear of the residence facing easterly on the property (Adj. to Little Creek). Article XXIII, Section 280-124 states that on lots measuring less than 20,000 square feet in total size the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The"as built"deck is noted as having a single side yard setback of 14.4 and a total side yard setback of 30.7 feet. According to the applicant's submission, the"as built" deck was constructed by the former owner. ADDITIONAL INFORMATION: There have been no written communications or testimony received by the Board objecting to this application. In October of 2014, the Southold Town Board of Trustees issued a Certificate of Compliance to the previous owner for the replacement of the decking and railings of the existing deck. Prior property owners have received two variances in the past for a front yard addition to the existing dwelling (#1362) and an accessory garage located in the front yard(#2993). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck has existed in its present size and layout for many years. Neighboring properties have decking attached to the rear of the homes that front Little Creek and properties in this community are similar in size. . 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. According to the applicant, the deck was built by a previous owner and the current owner is requesting that this Board legalize the"as built" improvement.. 3. Town Law $267-b(3)(b)(3). The variances granted herein are not mathematically substantial, representing 4% relief from the code for the single side yard setback and 12%relief from the code for combined side yard setback. 4. Town Law U67-b(&b)(4).)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-1b(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 an "as built" deck 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 Acampora, seconded by Member Dantes, and duly carried,to GRANT the variances as applied for and shown on the survey prepared by John T. Metzger. LS and last revised December 5, 2018. t Page 3, December 20, 2018 #7228, Hans RECEIVED SUM No. 1000-98-1-13 - ZONING BOARD OF APPEALS SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck shall remain open to the sky. 2. The applicant must apply to the Building Department for a building permit for the"as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvements)and submit same to the Office of the Zoning Board of Appeals within six months of this decision or a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a',Certificate of occupancy in the time allotted. 4. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained 5. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void 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'ofAppeals. 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 this is an approval subject to conditions, the approval shall not be'deemed effective until such time that the foregoing conditions are 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 (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 Dantes(Vice Chair),Acampora,Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) q?�a Eric L. Dantes Vice Chair Approved for filing 1- --/ 2- 1 /2018 Au qst 20 1 0 ' TdWN Ods' 80UTHOd.D, NEW YORK DATE ........�........� ��((''��97 �r C/�W ACTION OF THE ZONIKG BOARD OF APPEALS RECEIVED Appeal No. 1362 Dated August 5, 1970 MAY 17 2019 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ZONING BOARD OF APPEALS To Mrs. Anne Fried Appellant 47 Pine Tree Road Cutchogue, New York at a meeting of the Zoning Board of Appeals on_ August 20, 1970 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 (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph ................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. (E.D.S.T.), upon application of Anhe Fried, 47 Pine Tree Road, Cutchogue, New York, for a variance in accordance- with the Zoning Ordinance, Article III, Section 306, for permission to construct addition to existing dwelling with reduced front yard setback. Location of property: east side of Pine Tree Road, Nassau Farms, Map No. 1179, Lot # 19, Cutchogue, New York. 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 (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance { ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. 4chamanloard PWVE[FEE REVERSE C1 KING BOARD OF APPEALS FORM ZB4 Opens ar orle McDermott Secretary ou hold Town Board of Appeals RECEIVED MAY 17 2019 ZONING BOARD OF APPEALS After investigation" and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with reduced front yard setback, located east side of Pine Tree Road, Nassau Farms, Cutchogue, New York. The extension will be 12 ft. x •15 ft. which will leave a side yard of approxi- mate].- 7 ft. on the ',north side- of the right-of-way known as Red Wood Road. The Board agrees with the reasoning of the applicant that Red Wood Road is a pedestrian right-of-way to the water and will not create a traffic hazard. The house is set back 200 feet from the main road, Pine Tree Road. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created- is unique and would not be shared by all properties alike in ('the immediate vicinity of this property and in the same use district; .and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVE] Anne Pried, 47 rine. Tree Road, Cutchogue, New York, be GRANTED permission to construct addition to existing dwelling with reduced front yard setback as applied for on property located east side of, Pine Tree Road, Nassau Farms, Map No. 1179,: Lot # 19, Cutchogue, Kew York. Vote of the Board: Ayes:- Messrs: Hulse, Bergen, Grigonis. .rrn So'nihold 'own Board of ADpesls MAIN ROAD - STATE ROAD 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHO-NI &1B09 ACTION OF THE ZONING BOARD OF APPEALS RECEIVED Appeal No. 2993 MAY 17 2019 Application Dated May 20, 1982 ZOIVING BOARD OF APPEALS TO: Mr. Norman Addy as agent for Mr. Gerard Galliano, [Appellant (s) ] Box 262 2125 Pine Tree Poad Mattituck, NY 11952 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on June 26 , 1982 the above appeal was 'considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Reques_t_for The public hearing on this matter was heldonJune 17 , 1982 . Upon application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue, NY; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98--1-13' The board made the following findings and determination: By this appeal, 'appellant seeks permission to construct a 12' by 20 ' garage near the grape arbor in the frontyard area located approximately six feet to the south property line and 110 feet to Pine Tree Road. The premises in question contains an area of approximately 31,000 square feet with 76-foot road frontage and 107. 49-foot frontage along Little Creek. Existing on the premises is an one-story frame house with porches (as 'indicated on the July 2, 1976 survey submitted with the appeal application) . It is the consensus of the board that this location is the most feasible and practical under the circumstances, particularly due to narrow passage- ways along the side of the house. The board agrees with the reasoning of appellant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. ;Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the application of GERARD GALLIANO by Norman Addy as agent, for permission to construct garage in the frontyard area, be and hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this garage structure shall not be closer than six feet to the south property line and not be closer than 110 feet to Pine Tree (CONTINUED ON PAGE TWO) DATED: July 26 , 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD Form ZB4 (rev. 12/81) OF APPEALS rl Page 2 Matter of Gerard Galliano Appeal No. 2993 RECEIVED Decision Rendered June 26 , 1982. MAY ZONING BOARD OF APPEALS Road; 2. That this garage structure be used only for storage (no sleeping or living quarters) . Location of Property: 2125 Pine Tree Road, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-13. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Douglass and Sawicki. (Absent was: Member Doyen, Fishers Island) . This resolution was unanimously adopted. APPROVED � RECEIVED AND FILED BY z— TIDE SOUT1.Ca:.D TOWNCLL•RK Chairman Board of Appeals DATE7/a`/�`.?, HOUR. Vs50 M. Town Clerk, To,tin of utrold RECEIVED N ? •!11+' HANS Property ZONING BOARD OF APPEALS Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) fl deb ,Q> {t dy r The photograph above (taken facing south) depicts the existing non-conforming garage with the as-built outdoor shower '33,2© HANSProperty ZONING iUA ON APPEALSSituate: 2125 Pine tree Road • Cutchogue, New York 11935 SCTM#: 1000-98-01-13 (Photogra h Taken 5/13/2019) t .F The photograph above (taken facing west) depicts the pre-existing non-conforming garage with the as-built outdoor shower. HANS Property RECEIVED 7 •; Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 SCTM#: 1000-98-01-13 (Photo ra h Taken 5/13/2019) ZONING BOARD OF APPEALS �w 4 y 4 s J4 The photograph above depicts the location of the hot water heater for the outdoor shower, located within the pre-existing, non- conforming garage. RECEIVED e7 HANS Property Situate: 2125 Pine tree Road • Cutchogue, New York • 11935)NING BOARD OF APPEALS SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) R � �f t k 4 Ngh-'�Y f r „�... .. v-.� „f t; p F'i✓. e, sir✓x t��i :'�"� t F t i.,g. x,�„.E 00 y, The photograph above (taken facing east) depicts the front entrance to the pre-existing, non-conforming garage. lECEIW / HANS Property Situate: 2125 Pine tree Road • Cutchogue, New York • 1 19S�NING BOARD OF APPEALS SCTM#: 1000-98-01-13 {/(Photogra h Taken 5/13/2019) y., Yo- 4. The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage. HANS Property RECEIVED Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) ZONING BOARD OF APPEALS s i The photograph above (taken facing west) depicts the pre- existing, non-conforming garage and the as-built outdoor shower in relation to the adjacent property line. RECEIVEr' HANS Property ,0 Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 ZONING BOARD OF APPEALS (Photograph Taken 5/13/2019) tt, goy •� a p- �" • 4,,. •ot r w 0�`aLF e `,Y""Yt i�',�.'r+`�;, 'R y w - •' J. e � t The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the existing single family dwelling. RECEIVED J,�20 HANS Property Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 ZONING BOARD OF APPEALS SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) � s .r#s The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the adjacent property line. Suffolk Environmental Consulting, Ince Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President IN *Hand Delivered* May 14, 2019 RECEIVE® Town of Southold MAY 17 2019 Zoning Board of Appeals P.O.Box 1179 ZONING BOARD OF APPEALS Southold,New York 11971 Re: Hans Property 2125 Pine Tree Road • Cutchogue,New York • 11935 SCTM#: 1000-98-01-13 Dear Members of the Board, This Firm represents the owners of the above referenced properties whom are seeking an interpretation of town zoning ordinance 280-13 (C).Attached herewith you will find; 1) Application original and nine [9] copies; 2) Project description form original and nine [9] copies; 3) Questionnaire original and nine [9] copies; 4) Pre-CO's, CO's, and prior ZBA decisions regarding the above referenced property; original and nine [9] copies 5) Agricultural Data Form: original and nine [9] copies; 6) Short Environmental Assessment Form: original and nine [9] copies; 7) Owners Consent/authorization original and nine [9] copies; 8) Transactional Disclosure Forms original and nine [9] copies; 9) LWRP form: original and nine [9] copies; 10) Photographs of current site conditions: original and nine [9] copies; 11) Updated Surveys prepared by Peconic Surveyors on March 15` 2019: original and nine [9] copies; 12) Building plans prepared by Suter and Suter Architecture on February 13th, 2019: original _ and nine [9] copies; 13) Town Property Card; original and nine [9] copies; 14) Location Map; original and nine [9] copies and; 15) Check written out in the amount of five hundred dollars ($500.00) made payable to the Town of Southold. Thank you in advance for your anticipated cooperation. ��j Sincerely RECEIVED MAY I i 2019 Bruce A.Anderson ZONING BOARD OF APPEALS 727 ' TOWN OF SOUTJ!0L. *,r- 1*CORD:.CA-RD - OGYNERV L � STREET 2, VIL # GE DISTRICT SUB. LOT Ld FORMER OWNER .'r `' � N E ACREAGE iern pt-3t Qemnc ✓ O i 44� }p , S w TYPE OF BUILDING 'AE 6,,� SW. VL. FARM COMM. I ND. � CS. Est. Mkt. Value o LAND IMP. TOTAL DATE REMARKS j s- 'd d �• t 1�a1 A 8d'k vi'c to f �= LL �t �t p r h / p . � / rw l -I�. -.�>[ f f✓ V I b c, d C�'Tdr *Z Qdd) ZICIAOfX6 .fildJ �d �""ILQ 0 4t> �kll (�A M i L Amp Z, tv a� rro S/317 � �� A.P, 1IL21 Ca2as#r. "e W7,tc. AGE f BUILDING CNDITI p2036 3 - n��o$e Q ID JF FRONTAGE ON WATER =100Form • -S Acre Per cre Value FRONTAGE ON ROAD UD Tillable 1J0 ,- 70Qv ON BULKHEAD ro Tillabie 2 DOCK 1Omnat Tillable 3 a1 O� � `7 ' a�f�— t? 'TC] �f4"�9 Woodland -�� fl ��� J�RtP.��f�� ,. Swampland 1 • ¢ Brusblan%--co 04 '�— m House Plot N : Tota I rig- Aw a• � ...t �. i � �%'•� cs• it ...; ► r 1 �MEN9 OLE WE -101M MUM so 1� 1i����� MOME un „yyf K REP RoII 2nd s • I - �� k fj u 1 m CL Uuj Q1 Q S m U) +t ss���� '1 r-��,..�.Y"F'x`".'.'�, _-',-�--- �---=1�� "-^'`•-«-'�=1`_ iii' ♦i! ���' �~ 'ice... Y'� ', yi �a"raN;UL 3R�C)N�T t _ e I tiPy Gg�1^I.NMn.,,q •hq M gOHyyry ---�-r ' _ _ _ _ w�YO•'•VpmDu o.nNunp £1• 8G-OQOI 'G)7J d�W XdJ '09 ��JrT�u °°°•Mvs•o.na ?iW Q51k,3/` jlf . �^W g1�IM Rn Oonogw 1l •�� .n �Id�O ,�ttt�1O'O7%S�T25�H11`1L;tl lf� 'Imwe••Nanwwuw�ms � WO N CMN.F�unr.ryl q �� ;SW7}t/�f1b5Sbfi dG d,Nbn1 7J3�3Zf'5,�IV 10'1- "�•'°�•»Pow«m„� , �, r•. AI J i tlns ONV, .' ota�tiyeZS>p3sti � �d•131-i7�)-� •, i rill am'--'�_ toy y �ati v`� �y� aallo ;o1�JZr C1''r�d� \ ewva OSECb asrt� 3iad� u I Od0?J QOOM-63?J 1 BUILDING DEPARTMENT � ® OWUPRITJODUTHOLD I HOUSINGCODEINSPECTION REPORT RECEIVED LOCATION: 2125 PINE TREE ROAD CUTCHOGUE, N.Y. number 6 street municipality MAY 17 2 mg SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) GERARD GALLIANO ZONING BOARD OF APPEALS OCCUPANCY A-1 RES. OWNER type owner—tenant ADMITTED BY: GERARD GALLIANO ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-98-1-13 SOURCE 000— — — SOURCE OF REQUEST: GARY OLSEN, ATTY DATE. JUNE 15, 1995 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME I STORIES ONE I E%ITS 4 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE TOTAL ROOMS: IST FLR. 5 2ND FLR. 3RD FLR. BATHROOM (s) 3 TOILET ROOM (s) UTILITY ROOM PORCH TYPE HECK, TYPE PATIO BREEZEWAY FIREPLACE ONE GARAGE DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING TYPE HEAT OIL WARM AIR II HOTWATER OTHER: ATTACHED STORAGE ROOM ON FRONT. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. I CAR WOOD FRAME STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION 6 BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: BP 14917Z—CO Z-5330 (Addition 6 deck) BP 111821Z—CO Z-11348 (ACCY GARAGE) BP 120363Z—COZ-20453 (ALTERATION—PATIO ENCLOSURE 5 BATHROOM ADDITION) INSPECTED BY DATE OF INSPECTION JUNE 7, 1995 GAR F TIME START END December 6, 2018 Regular Meeting over it you can't drive over that portion of the tic system. You can over the leaching pools because those are traffic bearing. MEMBER PLANAMENTO : Leslie actually emailed me a q stion, she was concerned Leslie our Chairwoman had a concern over an oak tree at the front of th house, is there any discussion as far as disturbance to trees removal? BRUCE ANDERSON : Cannot be saved. MEMBER PLANAMENTO : So that oak tree is going. BRUCE ANDER N Has to because and it's unsafe now because it's limbs extend over e existing house an would be impossible to save that oak tree. We thought of that as well. e discussed that with th client. MEMBER LEHNERT : I thin ric covered what I was going to ask about potential demolition. It just looks to be substantial str tura) work on this house and that was my question. MEMBER DANTES : Anyone else in a audience who would like to speak? Hearing no further question I'd like to make a motion to clos he application reserve decision to a later date. MEMBER PLANAMENTO : Second. MEMBER DANTES : All in favor? M BER LEHNERT : Aye. MEMBER NAMENTO : Aye. MEMBER ACAM RA : Aye. MEMBER DANTES : Aye. \1 (See Minutes for Resolution) HEARING#7228—RICHARD and SIOBHAN HANS MEMBER DANTES : The next application is for Richard and Siobhan Hans #7228. Request for variances from Article XXIII Section 280-124 and the Building Inspector's August 9, 2018 Notice of Disapproval based on an application to legalize an "as built" deck addition attached to an existing single family dwelling at 1) located less than the code required minimum side yard setback of 15 feet, 2) located less than the code required minimum combined side yard setback 52 December 6, 2018 Regular Meeting of 35 feet at 2125 Pine Tree Rd. (adj. to Little Creek) in Cutchogue. Is there anyone here to represent the applicant? BRUCE ANDERSON : Bruce Anderson of Suffolk Environmental Consulting. I'm going to hand up three exhibits. The first is a revised survey. We received word from Kim Fuentes who wanted there's a second shed on the property. One of the members was down there and (inaudible) so we amended the survey to depict that. It was shown on the previous record before the Building Department and for some reason no one every required it to put that on the survey so I do have that and we do not have a coverage issue. I believe the coverage calculates to about 11%. The second thing I want to hand up is an old survey from 1995 by Robert Van Tuyl that shows what was there way back when. This is a deck that was constructed so this will give you a little history on it. The last think I want to hand up also is a Trustees Certificate of Compliance which was obtained in 2014 for the deck that exists today and that has plans attached to it. It also has a survey where they had that shed sketched in but the plan shows the deck is existing and they went in and resurfaced it and installed handrails. What we have here is (inaudible) that can be determined based on the survey by Van Tuyl that I handed up is that the then existing deck contained (inaudible) a side yard setback (inaudible) today and the Board will observe that the southern edge of the deck (inaudible) line up with the house and that the circular shape on that Van Tuyl survey (inaudible) the same setback as the squared off deck that exists today. It was noted previously as a porch and I don't know exactly when the porch became a deck but obviously sometimes prior to 2014 sometime between 1995 and 2014 (inaudible) again the Trustees they applied to the Trustees they received a Certificate of Compliance for the deck and that is the deck that exists today. A permit to replace the decking with the railing (inaudible) to come to this Board at the time they did not. The property sold exchanged hands and the property owners are trying to bring up the (inaudible) the Certificate of Compliance for banking reasons. (inaudible) square that off with the bank and that's why we are here today. For me it's more or less it's a housekeeping type application. The current survey depicts the deck 14.4 feet from the southerly lot line and 16.3 feet from the northerly lot line causing compliance side yard setback of 30.7 feet where 35 feet is required. So we're asking for relief of 0.6 feet from the southerly lot line and a reduction or relief of 4.3 feet from the total side yard. The neighborhood is residential in character. Generally consists of similar sized lot. If you refer to the tam map you will note that except for the one double lot that's next door all these lots range from (inaudible) something like 68 to 71 feet so I suspect many of the homes and their decks will (inaudible) side yard setbacks and total side yard setbacks if you go down the street they do front on Little Creek which is a tidal wetland and they are waterfront lots and most people having a house would want a deck facing the water obviously in that neighborhood and probably any other neighborhood. We believe a variance should be granted because there's no impact to the character of the neighborhood. This deck has existed for many years without any 53 December 6, 2018 Regular Meeting complaints or any problems that we're aware of regarding this and that the deck is really actually more distant from the side lot line than the house. In other words the house is wider than the deck. The benefits sought cannot be achieved by any other method other than an area variance cause the deck exists. It exists in the present form, it's framed in that fashion, it sits on footings that are on the perimeter of the deck so it's (inaudible) for we have to remove the deck to reduce (inaudible) We submit the variance is not substantial in relationship to the requirement as the individual 0.6 foot setback relief constitutes 2.6% of the requirement whereas the total side yard of 30.4 where 35 percent is required constitutes 12.3% of the requirement and that the granting of a variance will not have an adverse effect on the physical and environmental conditions of the neighborhood. Note that in your file you have a referral from the LWRP and you'll see that it's exempt from LWRP review and obviously it's already been approved by the Trustees. The hardship is not self-created from our standpoint because it was purchased (inaudible) previous owner and we're trying to clean up the situation that has existed (inaudible) so therefore it's our contention (inaudible) the Board to grant the variance to allow the deck to remain as is without (inaudible) get to keep the deck without causing a whole lot of disturbance and reconstruction for something that is (inaudible). That concludes my MEMBER DANTES : I'd like to make a comment. If you look at the Certificate of Occupancy dated July 27, 1973 #5330 (inaudible) to the back it says existing porch and new porch and the existing porch and new porch I mean I can't call this exactly the same as what you're applying for today but there was definitely a porch. It looks like it was similar in size there in 1973 that was C.O'd. BRUCE ANDERSON : It think it was just slightly smaller. MEMBER DANTES : And then you got this other survey that has this little circular thing on it which is not on the 1973 drawing and I don't really know the definition between a porch and a deck. That's basically all that I have, Rob? MEMBER LEHNERT : Just a small housekeeping matter but can you just speak to the fact that the plans and the survey portion of the deck really don't match. I mean they do overall but you got cutoff corners on the survey, you're not showing the indentations and it's not (inaudible) the overall numbers. BRUCE ANDERSON : Well if you look at the plans attached to the Trustees you'll see that the side yard setbacks plus and, minus, they're hand drawn. I don't think they were done by a design professional I don't know who did it. MEMBER LEHNERT:The plans, they're stamped by an architect. 54 �V 9 December 6, 2018 Regular Meeting BRUCE ANDERSON : Which ones are you talking about the ones I submitted or the ones no I'm talking about (inaudible) MEMBER PLANAMENTO : I think what Rob is talking about are Nigel's drawings. MEMBER LEHNERT : Yeah Nigel's drawings showing something slightly I mean it doesn't affect the numbers but it's slightly different than the survey both surveys. MEMBER DANTES : Which one is more accurate? BRUCE ANDERSON : I'd go by the survey. MEMBER-ACAMPORA-: I mean they-show a garage on the drawing here but I don't believe they- ,use that as a garage. BRUCE-ANDERSON : No they use it for storage. It was a garage there was an apron.on it. MEMBER ACAMPORA : Yeah but there's no you can-see there's no cars going in that garage. But -they do have a hot water heater in there. -' MEMBER DANTES : Is there anyone else who would like to speak, anyone in the audience? Any other Board members have any questions? MEMBER PLANAMENTO : Yeah I think just to Pat's comments-about the garage, first I'm pretty _ sure that we have the new-survey that (inaudible) the shed but it doesn't illustrate the outdoor shower. I don't know if-apermit is required or not, there's an outdoor shower on the end of the garage the opposite end-by the water heater so I don't know there is a permit needed for that and then there's a question that I think somebody needs to either update the garage and get a new.-Permit perhaps there's a workshop or who know what it would be it's clearly not a garage. Other than that I don't have anything to add. MEMBER DANTES : What is the garage used for do you know? BRUCE ANDERSON : I think there's a room with a television in it. MEMBER ACAMPORA : Yeah there's like a day bed in there. It looks like there's carpeting. MEMBER DANTES : The Building Department has to inspect the deck anyway so they can take a look at it and whether they refer it to us is up to them. BRUCE ANDERSON : We'll do anything (inaudible) it's not a living accommodation there's no 'bath .or anything like that (inaudible) 55 December 6, 2018 Regular Meeting MEMBER DANTES : Anyone else have any questions? Hearing no further questions I'd like to make a motion to close the application and reserve decision for a later date. MEMBER PLANAMENTO : Second. MEMBER DANTES : All in favor? MEMBER LEHNERT:Aye. MEMBER PLANAMENTO : Aye. MEMBER ACAMPORA : Aye. MEMBER DANTES ; Aye. (See Minutes for Resolution) HEARING#7220—JANE SMERGLIA MEMBER DANTES : The next application Jane Smerglia #7220 equest for a variance from Article XXIII Section 280-124 and the Building Inspector's July 23, 18 Notice of Disapproval based on an application for a building ermit to construct additio and alterations to an existing single family dwelling at 1) locate less than the code require minimum front yard setback of 35 feet at 225 Sigsbee Rd. in Mattit ck. MERYL KRAMER : Hi Meryl Kramer the architect a d I'm representing the owne This is a very small lot 7,000 sq. ft. and a very small house. The rea n for the request of the fron orch and therefore die front yard setback variance. It's two fold, he first is a very plain lookin ouse and the own just wants to upgrade it and make it look a Ii a bit more presentable. It's on .,`f the homely ho es on the street that hasn't been improved. hink all of the neighbors are actually happy ab t this. I was actually staking and putting up t notice and the neighbor next door was happy o hear that we were doing something to impro the visibility of this property. So that was t first reason and the second is that the owner the wife is has (inaudible) disease and she's ery concerned about lymes so she wants to be able to sit outside but not be on the grass to be (i udible) tick bites. Yeah if you're up on pavement I mean up raised you have less vulnerability t n if you were to sit in the grass. So if you have any questions I'm here to answer. It's a very dest application it's five foot deep porch so we have a place to put a chair and a table and for yo coffee cup or something. She's trying to be a good neighbor and face the street and make it more presentable than it is right now. MEMBER DANTES : You're not going to demolish the house right? 56► ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: May 21 , 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7320 Hans, Richard and 135 $500.00 � � '��� Siobhan MAY 2 3 2019 Southold Town Clerli TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. �RICHAF 6.'O" 81OBHAN HAMS C 60 KNOL Op ;t38 Y, �`: s•'f..^•a�v' ..`L�'y °"'t�•i{•''.'t'�.Ty 'ty L.:+.�+ ,.,i �$S T7 =:i' !'a;z, ,..,'. DATE':'• G C' i t' t' PAY TO TH• •_ �,., ^4>t t,i.,..,� S:a.•s= ..:�F' •;.`•E'S'{`a.;: ' .,p^,.. - ER OFO:. - 1 r"• _"sem' a ,- a 6RD 4f.. CJ,C - +l:Y CJ....'. ,•. r TI : 9 DOLLARS Morgan Chase Ban14 N.A. • .�';-,.'`=:{,e,,:;+ wwwchase.00 "`.^ •-^p .- z.. w1M:,. MEMO ELIZABETH A. NEVILLE,MMC ®�° ® Town Hall,53095 Main Road TOWN CLERK :, P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,� ® ®�. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER V-1-1 �� 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: May 23, 2019 RE: Zoning Appeal No. 7320 Transmitted herewith is Zoning Appeals No. 7320 for Richard & Siobhan Hans: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire _Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Age kepresentative Transactional Disclosure Forms) �LWRPConsistency Assessment Form _,,/Notice(s) of Disapproval Board of Zoning Appeals Application Authorization _,/_Certificate(s) of Occupancy ,/endings, Deliberations and Determination Meeting(s) ,/Action of the'Board of Appeals Photos pp V Correspondence [kAA c e --o Z�14 trcw� �ru ce. Andk &n Copy of Deed(s) Building Permit(s) ,Property Record Card(s) Survey/Site Plan __V Maps- v,eDrawings ,--'Wise. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- , vn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/23/19 Receipt#: 254531 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7320 $50000 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#135 $500.00 Hans, Richard &Siobhan Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Hans, Richard & Siobhan 60 Knollwood Drive Larchmont, NY 10538 Clerk ID: JENNIFER Internal ID.7320 TYPESET: Fri Sep -13 12:32:49 EDT 2019 tion to permit a lot line change to create a two SCTM No 1000-66-2-25. LEGAL NOTICE non-conforming lots,1)lot 1 proposed at less The Board of Appeals will hear all persons SOUTHOLD TOWN than the code required minimum lot size of or their representatives,desiring to be heard at ZONING BOARD OF APPEALS 120,000 sq ft.;2)lot 2 proposed at less than each hearing,and/or desiring to submit writ- THURSDAY,OCTOBER 10,2019 the code required lot width of 200 feet,lo- ten statements before the conclusion of each PUBLIC HEARINGS cated at 1143 Peninsula Road,(Adj to Dar- hearing Each hearing will not start earlier NOTICE IS HEREBY GIVEN,pursuant to bies Cove)Fishers Island,NY SCTM Nos than designated above Files are available for Section 267 of the Town Law and Town Code 1000-10-5-10 and 1000-10-5-12 3. review during regular business hours and Chapter 280(Zoning),Town of Southold,the 10:40 A.M - WILLIAM AND KERRY prior to the day of the hearing If you have following public hearings will be held by the MOGAVERO#7326-Request for Variances questions,please contact our office at,(63 1) SOUTHOLD TOWN ZONING BOARD OF from Article XXIII,Section 280-124 and the 765-1809, or by email: kimf@ APPEALS at the Town Hall,53095 Main Building Inspector's April 8,2019 Notice of southoldtownnygov Road, Southold, New York on Disapproval based on an application for a Dated September 26,2019 THURSDAY,OCTOBER 10,2019. permit to construct additions and alterations ZONING BOARD OF APPEALS 9:30 A.M. - ELIZABETH THOMPSON to an existing single family dwelling,at, 1) LESLIE KANES WEISMAN, AND MARIANNE FAHS#7328-Request located less than the required front yard set- CHAIRPERSON for a Variance from Article XMI, Section back of 40 feet;2)located less than the re- BY:Kim E Fuentes 280-105 and the Building Inspector's May 1, quired side yard setback of 15 feet;located at 54375 Main Road(Office Location) 2019,Notice of Disapproval based on an ap- 11485 Sound Avenue,Mattituck,NY,SCTM 53095 Main Road(Mailing/USPS) plication to construct an 8 foot deer fence,at, No. 1000-141-3-9 P.O Box 1179 1)more than the code required maximum 4 1:00 P.M.-460 OYSTERPONDS LANE, Southold,NY 11971-0959 feet in height when located in the front yard; LLC,ANN FFOLLIOTT#7327-Request 2397580 located at 1655 Old Farm Road,Orient,NY. for a Variance from Article XXIII, Section SCTM No. 1000-26-4-1. 280-124 and the Building Inspector's May 15, 9:40 A.M. - ELIZABETH THOMPSON 2019,Notice of Disapproval based on an ap- AND MARIANNE FANS#7329-Request plication for a permit to construct additions for a Variance from Article XXII, Section and alterations to an existing single family 280-105 and the Building Inspector's May 1, dwelling and move an existing accessory ga- 2019,Notice of Disapproval based on an ap- rage;at, 1)less than the code required side plication to construct an 8 foot deer fence;at, yard setback of 10 feet;located at 510 Oy- 1)more than the code required maximum 4 sterponds Lane, Orient, NY. SCTM No feet in height when located in the front yard, 1000-24-1-4.1. located at 1325 King Street, Orient, NY. 1:10 P.M-BRION LEWIS#7325-Request SCTM No. 1000-27-3-4.1. for Variances from Article III, Section 9:50 A.M. - RICHARD AND SIOBHAN 280-15;Article XXII,Section 280-116A(1), HANS#7320-Request for a Variance from Article XXIII, Section 280-124; and the Article III,Section 280-15 and the Building Building Inspector's May 1,2019,Amended Inspector's April 2,2019,Notice of Disap- May 31,2019 Notice of Disapproval based on proval based on an application for a permit to an application for a permit to construct addi- legalize"as built"additions and alterations to tions and alterations to an"as built"accessory an existing accessory garage;at,1)less than building,legalize an"as built"accessory gar- the code required side yard setback of 10 feet, den shed and an accessory deck,and construct located at 2125 Pine Tree Road,(Adj.to Little additions and alteration to an existing single Creek) Cutchogue, NY. SCTM No family dwelling;at,1)accessory building lo- 1000-98-1-13. cated less than the code required front yard 10:00 A.M.-RICHARD AND SIOBHAN setback of 50 feet;2)accessory building Io- HANS#7321-Request for an interpretation cated less than the code required side yard pursuant to Article III, Section 280-13(C); setback of 15 feet; 3) "as built' accessory and the Building Inspector's April 2,2019 garden shed located less than the code re- Notice of Disapproval based on'an applica- quired side yard setback of 15 feet,4) "as tion for a permit to legalize"as built"addi- built" accessory deck located less than the tions and alterations to an existing accessory code required 100 feet from the top of the garage,at, 1) as to whether"as-built"con- bluff;5)single family dwelling located less struction of finished space in an existing ac- than the required side yard setback of 201feet; cessory garage is permitted accessory use;at: 6)single family dwelling located less than the 2125 Pine Tree Road,(Adj.to Little Creek) required 100 feet from the'top of the bluff; Cutchogue,NY.SCTM No 1000-98-1-13. located at 62615 County Road 48,(Add.to 10:10 A.M.-WILLIAM HARNEY#7322- Long Island Sound)Greenport,NY, SCTM Request for a Variance from Article III,Sec- No. 1000-40-1-8 tion 280-15 and the Building Inspector's 1:20 P.M. - WILLIAM GORMAN April 24,2019,Notice of Disapproval based #7303SE - (Adjourned from August 15, on an application for a permit to construct 2019)Request for a Special Exception pursu- additions and alterations to an existing single ant to Article III, Section 280-13B(1), the family dwelling; at, 1) less than the code applicant is requesting to convert a single required front yard setback of 50 feet;located family dwelling to a two-family dwelling; at 4015 Main Bayview Road,Southold,NY. located,at 45805 NYS Route 25,Southold, SCTM No 1000-78-2-16. NY.SCTM No. 1000-75-2-14 10:20 A.M. - JOSEPH AND DANA 1:30 P.M.-ROBERT YEDID#7309-(Ad- TRIOLO #7324 - Request for a Variance journed from September 12,2019)Request from Article XXIII,Section 280-124 and the for Variances from Article III, Section Building Inspector's May 28,2019,Notice of 280-15;Article XXIII,Section 280-124,and Disapproval based on an application for a Building Inspector's March 22,2019,Notice permit to construct additions and alterations of Disapproval based on an application to to an existing single family dwelling;at, 1) legalize an"as built" accessory swimming less than the code required front yard setback pool and an"as built"accessory shed,at, 1) of 35 feet;located at 420 Beachwood Lane, accessory shed located less than the code re- (Adj.to Goose Creek)Southold,NY SCTM quired side yard setback of 5 feet;2)acces- No 1000-70-10-54. sory shed located less than the code required 10:30 A.M. - JAMES M BAKER AND rear yard setback of 5 feet;3)"as built"con- DIANE M. BAKER #7323 - Request for struction is more than the code permitted Variances from Article III, Section 280-14 maximum lot coverage of 20%, located, at and the Building Inspector's May 13,2019, 230 Hippodrome Drive, Southold, NY Notice of Disapproval based on an applica- #0002397580 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) ?0 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 10/03/2019 Principal Clerk SwornA-day to before me this of A2� RI�iI�P VOLINS(U NOTARY PUBLIC-STATE OF NEW YORK No.01V06103050 Qualified In sutfoik County My Commission Expires February 28.2020 J L 1 - J BOARD MEMBERS ®of S®Uliy®l Southold Town Hall Leslie Kanes Weisman,Chairperson O 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �®� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU NT`1,� ' Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 10, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 10, 2019. 9:50 A.M. - RICHARD AND SIOBHAN HANS #7320 - Request for Variances from Article III, Section 280-15 and the Building Inspector's April 2, 2019, Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage; at, 1) less than the code required side yard setback of 10 feet; located at 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM No. 1000-98-1-13. 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: September 26, 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 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 r LOCATION OF ZBA OFFICE: Town,Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southton.northfork.net September 9, 2019 /Mw Re : Town Code Chapter 55 -Public Notices for Thursday, October 10, 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 September 23rd: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your signed, sealed and dated 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 address or to deliver the letter to the current owner, to the best of your ability and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible: AND not later than September 30th : 'Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the'Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 2nd : Please make arrangements to place the enclosed Poster on a signboard such as cardboard', plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 8, 2019. If you are notable 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. i4uTl ( . E UF HEARIN (.i The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : HANS , 'RICHARD # 7320 SCTM # : 1000-98- 1 - 13 � r 'AR1ANCE : YARD SETBACK REQUEST: "AS BUILT" ADDS. & - ALTS . TO AN EXISTING ACCESSORY GARAGE SATE : THURSDAY OCT. 10 , 2019 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING 30ARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. 1738� SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS Richard & Siobhan Hans 2125 Pine Tree Road • Cutchogue, NY* 11935 SCTM No. 1000-98—01 — 13 (Address of Property) (Section,Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (X ) Agent Robert W. Anderson- Suffolk Environmental Consulting,Inc. residing at P.O. Box 2003 • Bridgehampton, NY • 11932 New York, being duly sworn, deposes and says that: On the 6th day of September , 2019 , I personally mailed at the United States Post Office in Bridgehampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (X) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this MATTHEW D. IVANS le day of t= _, 2019 NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 Qualified in Suffolk County otary Public} My Commission Expires 01-224@#to' PL :ASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. Lot# Name of Owner Mailing Address 1000—98—01 — 12 Thomas Leviness 2015 Pine Tree Road Cutchogue, New York 11935 1000—98—01 — 14 Eugen J Burger Revocable Trust P.O. Box 934 Ann R. Burger Revocable Trust Cutchogue, New York 11935 1000—98—01 - 28 Town of Southold P.O. Box 1179 Southold, New York 11971 1000— 104—03 - 14 Town of Southold P.O. Box 1179 Southold, New York 11971 1000—98— 1 — 16.3 Pine Tree 48 L.L.C. 2215 Pine Tree Road Cutchogue, New York 11935 '---- ------ J --- —_�.__— _�,.,,.-yes-----__-- ------- —i SENDER: • •N COMPLETE THIS ON ■ Complete items 1,2,and 3. A. Sig ure ! D ■ Print your name and address on the reverse ' ❑Agent �✓13�� 1 so that we can return the card to you. _.- - -- 0 Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. 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MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK No.01IV6053859 (No ry ulic) Qualified in Suffolk County My Commission Expires 01-22-2?El W2.3 * near the entrance or driveway entrance of property, as the area most visible to passerby i 7 T v r SuuffoRk IEnyffdnn 1yfntau aR 0. , Newman Village ",t Main Street P.O.Box 2003,Bridgehamptop: . _ New York 11932- yg 7217 2422 0000 5527 5643 MEMO_ A ❑ INSUFFICIENT ADDRESS ® ATTEMPTED NOT KNOWN �THER g n — 9 0C ❑ NO SUCH NUMBER/STREET };9 �� 3� 91� `� S ❑ NOT DELIVERABLE AS ADDRESSED UES�E� UNABLE TO FORWARD 4'° u4 ° � av�ym�c ` c O-Uwppp .c:o°'N�r� mmo z ❑ATTEMPTED NOT KNOWN OTHER mn UNITED STATESPOSTAL SERVICE* ❑ NO SUCH NUMBER/STREET m A m CERTIFIED MAIL v S ❑ NOT DELIVERABLE AS ADDRESSED o(,f� o _ - UNABLE TO FORWARD a ° ^' Z D Z 'ONLY ITH IMpb SHIPPING LABEL FOR USE W �7690-17-000-0906 J. �Iry2 i' 00-N,qjnu 014 BOARD MEMBERS ZF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� Tiff 53095 Main Road-P.O.Box 1179 �� l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor. Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento '00u Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631) 765-1809-Fax(631) 765-9064 MAY 2 2 2019 May 21, 2019 Southol Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7320 Hans, Richard and Siobhan Dear Mark: We have received an application to legalize "as built" additions and alterations to an existing accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperso By: Jul Encl. Survey/site plan: Peconic Surveyors, P.C. dated March 1, 2019 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson T 53095 Main Road•P.O.Box 1179 �� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Oli,'100umSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 May 21, 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 #7320 Owner/Applicant: Hans, Richard and Siobhan Action Requested: legalize "as built" additions and alterations to an existing accessory garage 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 Chair erson By: 1 Encls. Survey/Site Plan: Peconic Surveyors, P.C. dated March 1, 2019 4 + i 1 1\ Suttoik Environmental Consulting, Inc. Newman Village, Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President HAND DELIVERED October 16, 2019 Southold Board of Zoning Appeals P. 0. Box 1179 _ RECEIv�O Southold, NY 11971 Re: Richard and Siobhan Hans(#7320)2125 Pine Tree Road —Cutchogue B®ard o� ap SCTM1000-98 1-13 p Dear Members of the Board, As requested during the October 10th hearing for the above referenced application, I attach 8 copies of the revised floor plan prepared by Suter and Suter,Architects dated 10-10-19 stating proposed use as storage for the detached accessory structure. Yours truly, Bruce Anderson cc: S. Hans BOARD MEMBERS ' ��OF soy0 Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Enc Dantes �Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yC�(J ,� Southold,NY 11971 http://southoldtownny.gov i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL(631)765-1809 9 Fax(631)765-9064 October 28, 2019 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA Applications 47320 & 7321 Hans, 2125 Pine Tree Road, Cutchogue SCTM No. 1000-98-1-13 Dear Mr. Anderson; Transmitted for your records is a copy of the Board's October 24, 2019 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department Y31 6 12 m SEE SEC.NO 086 N• � �1 �I t 's MATCH --,�--_..1 1.2 1 ,m � Y r� ZO 13 wt,39 � 149A V123 Z o) $ � •pw (q as �Q. ,a• �n imt ,tp, s3� `b 5- " 04 '3 V+ C—t—DICkJ m a (M, am,a 5ra$ 23'. y s � P .e 43. t pO a 'p S.- P�cl Pl ��'1 ao �� l✓'1 V "" �J 4- 10P �O A,Pl°� pia Cs^ � to a ps s1 rs's`: NA 2p ,m 1� 27.1 V / ' I aC. -3 78.3A(c) �- Y 11P 71 a 0 n•� q6 O a9 �+�� „s 101 p„ _10 Y..,NO w I SEE SEC NO - j I 097-0&010.4 o211 tpow'�1 $ 1 13 tui x c ,$ A, B�' o..15P1c1 14 1 I ,m GpSJ1{ is 2 J FOR PCL NO. 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