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na ( ll� Sec - t3 Ccs LO I 6/17/L E 7a 2$ btG! ��� Q,eldi ,Zr7 Cd, � -ia oal X but if del Cl wellr ; � b (�,,a✓i �- S+rLgl e stile LAQ c ate-- s(air"t 30.1 12 i o� 1 J�uil�" z�n�fiDn hcuS � s,d� ��l� tt t .Loc 25o - I Q�ra��itq CHECK BOXES AS COMPLETED ( ) Tape this form to D 0 D O ( ) Pull ZBA copy of f cQ o Q. 0 Q C ( ) Check file boxes f fD N CD ( ) Assign next numk CA O outside of file fol, f ( ) Date stamp entir m -n -uco -ux N = w file number x �cQ o � mo Cn 0) cn cn CO ( ) Hole punch entire o w -- z o (before sending t m c ; 3 N m 0- -0 o y v ( ) Create new Inde) @ W o o Q (D Q ( ) Print contact infc � Z ° X - ( ) Prepare transmit o Z 0 Z3 ( ) Send original apr � I to Town Clerk o N ( ) Note inside file f( 3 and tape to insid = ( ) Copy County Tax neighbors and A 3 ( ) Make 7 copies ai ( ) Do mailing label w N ; 0 0 10/ C + J BOARD MEMBERS , pf SOUjyo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 CA Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. ` O 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�CQuN[`(,� Southold,NY 11971 http://southoldtownny.gov RECEIVED p ZONING BOARD OF APPEALS U' .,, 6 Q:SO Awl TOWN OF SOUTHOLD OCT 2 8 201 Tel.(631)765-1809-Fax(631)765-9064 Sou old Town Clerk 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 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County--Adirniiristrative-Code-Sections--A 14-•1.4-to 23;-and the Suffolk-County-Department-of-P-lanning-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. P 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 Creek) 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 V67-b(3)(b)(I). 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 42993 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 #2993. 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 $267-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-b(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 §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3, October 24,2019 97320 &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 $267-1b. 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 Variance/Interpretation 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 I hall 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: I. 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 267-13, 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-bocome-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) gslie Ka es WeismaiT, hairperson Approved for filing f�/ ,4� /2019 LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" / am famlliar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY , ' FILED IN THE SUFFOLK COUNTY CLERKS OFFICE ON AND CON57RUC710N OF SUBSURFACE SEWAGE 111 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 SDUTHOLD permit to construct. SUFFOLK COUNTY, N. Y. _ 0o"S6, The location of wells, cesspools & public watershown hereon are 1000-98-01-13 RECEIVED from field observations and or from,' data obtained from others. SCALE: 1'--30' MAY A 0 2098 JANUARY 10, 2012 (D LLWG) OCTOBER 18, 2017 (CER70CA770NS) ZONING BOARD OF APPEALS � DECEMBER 11, 2017 SE7BACKS) � SEP,�C SYSTEM LOCA110N UNKNOWPI ` , (WELL Irk DECEMBER 5, 2018 (LOT COVERAGE) ",�'� IZ er�,°�>ro,� ~`- "��► wAMARCH 1, 2019 (ADD WALK/DECK BY GAR.) ROAD live, CW UAMR ' Z°12 ODD ---------- _ _ DWtmuv o 329.84? " PO4E _ .\ XWIREgE� — PAVERS id ar" ♦♦ \� \AF ss�`• �•�� c LORr►vd,aota `IL"83@09 5Xo.E X H =��_` ea Q 2a s ZONE XFE ♦♦ ��y,,,\� \ \ OS+ ��. PE ♦ X�x eg �b .A `�♦' / ♦\ .A� '8" % ONE STORY a m +70 0100. _ �♦ \ 8 f� ♦\ Oji E� /�`♦ ``'�- '�� +tas• FRAME HOUSE Q, ♦ r o•I�y _ F.F. a.. 1 � ZONE y� \ �\ ♦ (EL � ♦ • � �`---------- PAVERS ♦ \ ��''}SO� LOT 19 WELLO PAVER WALK 6.o' �. 1 CONC. coVER o s I 12. DECK ro!, ,�� ♦ � `rte - ___ a sHED FR. GAR. wMl 363.47' ,� ♦ �♦ — ��` 20.4' UT SHOWER — F 4� 0.4'5 (�__ \,6• ♦ W toN---- _-0 VIRE EFTICE R kA �'�' \ - _ _ S85'09'50"W (DWELLING) !y� oe'S LOT 18 �A J ♦ 1.8'E Q e�. GAZA �0 Certified To: FI(V�(_ ��� �q `�d Richard Hans O REVIEWED 14, Siobhan, Hans Y Z0 x TEST HOLE DATA Fidelity;National Title Insurance Company SEE DECISION # BY McDONDALD GEOSCIENCE Citibank ®ATE®L_ Q / 1/5/12 DARK BROWN LOAM OL AREA=21,65,3 SQ. FT. LOT COVERAGE �.. .. BROWN SILTY SAND SM TO TIE LINE UPLAND AREA a 20,624 SQ.Ff- �S of Ne , ---- 4' - HO..STING `�1-lflE' USE ac DECK toss aq1t ELEVATIONS REFERENCED TO N.A.V.D. GARAGE & SHED M1 sq.ft FLOOD ZONE FROIA FIRM RATE MAP NUMBER in FINE SAND SP 2414/20,624 = 11.7X PALE BROWN r- 36103CO164 H SEPTEMBER 25, 2009 WATER r o WELL Ate, a LIC. NO. 49618 o �y ANY ALTER4770N OR ADD17ION TO THIS SURVEY IS A WOLA77ON PEC fC S tS, P.C. WATER IN PALE BROWN-FINE SAND SP xG1 OF SEC71ON 7209 OF '7HE NEW YORK STATE EDUCATION LAW. (631) 765--5020 FAX (631) 765-1797 EXCEPT AS PER SEC710N 7209-SUBDIVISION 2 ALL CER77RCA77ONS P.O. BOX 909 ■=MONUMENT HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 12,30 TRAVELER t7' O 1=WETLAND FLAG WHOSE SIGNATURE APPEARS HEREON.ESSID SEAL OF THE SURVEYOR SOUTHOLD, N.Y. 1 971 STREET 12 101 4F 3&} tc F F-t v ' i ::�7--t UP- c4�,- _ _____ -►- v - RtC-EIV-ED OCT 1�S zoning E30ard of Appeals FINAL FIVIAP REVIEWED BY ZBA ! SEE DECISION ## 3 ! -- � . ®ATE® / / 2� �9n�. J { EXOTONG DETACHED GARAGE 208.5 SQUARE BEET TO USED AS STORAGE � ���� REFI®E��E 2125 PON TREE �--E AND NOT TO BE USED FOR LIVING OR SLEEPING CUTCH®GUE N.Y. SCALE ®°°=i°-®" DATE 2-13-19 EXiSTPNG OUTDOOR SHOWER AND.SK055 EMSTING 88 SQUARE FEET ' �.®o X,1709 I.24 CTTD AKT0T.,TT1 ALL EXISTING MATERIALS TO REMAIN � PH NF. 63�-��� ���� � smiteirmizil�����,, - ----- - ---- - -- r j FFICE LOCATION: ��o� so(�Ty® SLING ADDRESS: Town Hall Annex ``® l® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cos Southold, NY 11971 @ Telephone: 631765-1938 Fax: 631 765-3136 NV LOCAL LOCAL WATERFRONT REVITALIZATION PRO TOWN OF SOUTHOLD RECEIVE® MEMORANDUM OCT To: Leslie Weisman, Chair Z� q�9 mrd Of AWWS Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date October 9, 2019 Re: LWRP Coastal Consistency Review for ZBA•File Ref RICHARD AND SIOBHAN HANS#7321 SCTM# 1000-98-4-20. RICHARD AND SIOBHAN HANS #7321 —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 permitted accessory use; 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 action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item"V"which states: V. Interpreting an existing code, rule or regulation; 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 1 FORM NO. 3 TOWN OF SOUTHOLD -- -- BUILDING DEPARTMENT SOUTHOLD, N.Y. RECEIVED NOTICE OF DISAPPROVAL MAY 17 2019 ZONING BOARD OF APPEALS DATE: April 2, 2019 TO: Bruce Anderson(Hans) PO Box 2003 Bridgehampton, NY 11932 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 P-ine-Tree Road, Cutchogue--N-Y- 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 is not permitted pursuant to Article III Section 280-13 (C. 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 yard setback of±5 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. �1 -- Fee:S Filed By: Assignment No. -._— l - APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS"'- USE USE VARIANCE RECEIVED House No.-2125—Street Pine Tree Road Hamlet Cutchogue MAY 17 20199 SCTM 1000 Section 98 Block 01 Lot(s) 13 Lot Size 0.64 acres Z2%W R_ OF APPEALS I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 2,2019 BASED ON SURVEY/SITE PLAN DATED March 1,2019 Owner(s): Richard&Siobhan Hans Mailing Address: 60 Knowllwood Drive • Larchmont.NY • 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()� 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 wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)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: 13 (C) 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. (X)Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(X) 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: * akgo ZBA File# REASONS FOR USE, ARRA CE: An ap rslicatit for a use variance MUST demonstra-tte-l- V4 ' unnecessaiy hardship by safisf3dng ALL of the following,four tests:(PleaSe consflft your Attorn(kv before coniplefing,attach addiflonal ski is as neededia and stibinit related&curnentation as required) 1.The,applicant cannot realize a reasonable return,for each and every permitted use under the zoning regulations for the particular zone district where the property is located,as dernonqate-4 by subs RE ' IVI=D tantial and competent financial evidence because: See attached addendum. MAY 1'7 2019 ZONING BOARD OF APPEALS 2, The alleged hardship relating,to the property is -unique and does not apply to the majority of parcels in the same zoning district or neighborhood because; See attached addendum. 3. The requested u.w variance, if granted, will not atter the essential character of the neighborhood because: See attached addendum. 4. The alleged hardship has not been self-created because-, See attached addendum. In addition to the above standards.the Board of Appeals must also find that: 5.The rNuested relief is the minimum relief necessary to avoid unnecessary hardship,white at the same tine preserving and protecting the character of neighborhood and the health,safety and welfare of the communiq,because, See attached addendum. 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: '��]___ . See Attached Addendum. ! i &DECEIVED kPAY 1 L ?019 ZONING BOARD OF APPEALS Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to be e me this Day of ,200 /(Kotary Public) ZBA AppL 6/2012 MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 Qualified in Suffolk County My Commission Expires 01-2?. .2�Z� r...6.__,...�._......u�-.,._�:......a..�.ae...s. --...5._:-u�.'..a.>.'.:«...;y'.�.°.:.....-_..�- '-.....'.._:. �..,...�....b_..._:F...,...�.._.:.s,..�..m.,..=_..o.,_.a..,�.._.�,d.. ,.-,..�..,..��_- r� .�...�.a...�-......_ .-.. ' `' r _...�...:.r. RECEIVEf�- MAY V-1 2019 r INTERPRETATION ADDENDUM ZONING BOARD OF APPEALS Subject property contains a pre-existing/non-conforming garage (10' x 20') that benefits from a Certificate of Occupancy (No. Z11348), issued December 13, , 1982, for "...accessory garage...". r The property owner received notice from the Town of Southold Building Department on January 23, 2019 that the "'20'x 10'framed garage conversion requires a ZBA Approval & Building Permit.". Consequently, a Notice of Disapproval was received from the Building Department on April 2, 2019, indicating that "The "as-built" construction, on this nonconforming 21, 653 square foot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-13 (C)...The 'as-built'finished space in the accessory building in not a permitted accessory use.". Please allow this interpretation addendum to act as our formal request to disagree. The garage currently houses a small water heater which is utilized for the outdoor shower situated off the southwestern exterior of the garage. Section 280-13 (C) As Stated in the Town of Southold Zoning Regulations Chapter 280, section 13-C accessory structures allow for; "Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter." the subject accessory garage contains a couch which is "...incidental to the principal use..." and is also used for storage as both uses, are not prohibited by this chapter, therefore this use of the accessory structure is compliant with this section of town zoning regulations. r 4 y' December 6, 2018 Regular Meeting RECEIVED over it you can't drive over that portion of the septic system. You can over the leaNhing1pI because those are traffic bearing. ZONING BOARD OF APPEALS MEMBER PLANAMENTO : Leslie actually emailed me a question, she was concerned Leslie our Chairwoman had a concern over an oak tree at the front of the 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 ANDERSON : Has to because and it's unsafe now because it's limbs extend over the existing house and it would be impossible to save that oak tree. We thought of that as well. We discussed that with the client. MEMBER LEHNERT : I think Eric covered what I was going to ask about potential demolition. It just looks to be substantial structural work on this house and that was my question. MEMBER DANTES : Anyone else in the audience who would like to speak? Hearing no further question I'd like to make a motion to close the application reserve decision to 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#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 RECEIVED MAY I "Ill 7099 of 35 feet at 2125 Pine Tree Rd. (adj. to Little Creek) in Cutchogue. Isthfv Gas-vo&e&'eAPPWS 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 RECEIVED MAY 17' 2019 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 KordsGtMeAfi5L2EA,.Mhd€r 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 RECEIVED December 6, 2018 Regular Meeting MAY 17 20119 BRUCE ANDERSON : Which ones are you talking about the ones I submitte�cprlitk e3opppjnLg K irEALS 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. 1 don't,know if a permit-is required or not, there's ari_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 1-think somebody needs to either update the garage and get a newIpermit perhaps there's a Workshop or who know what it would be cause 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 RECEIVED MEMBER DANTES : Anyone else have any questions? Hearing no further 4estio s I'd� like to make a motion to close the application and reserve decision for a later J�,#Rwc BOARD OF APPEALS 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. Re uest for a variance from Article XXIII Section 280-124 and the Building Inspector's July 23, 201 Notice of Disapproval based on an'application for a uilding permit to construct additions a alterations to an existing single family dwelling at 1 ocated less than the code required min um front yard setback of 35 feet,at 225 Sigsbee Rd. in attituck. - ------------------ MERYL KRAMER : Hi Meryl Kramer the archit t and I'm representing the-owner.-This a very s II lot 7,000 sq. ft. and a very small house. Th reason for the request of the front porc nd there re the front yard setback variance. It's two old, the first is a very plain looking hou and the o her just wants to upgrade it and make it loo a little bit more presentable. It's one of the homely uses on the street that hasn't been impr ed. I think all of the neighbors are actually happy a ut this. I was actually staking and puttin up the notice and the neighbor next door was happy hear that we were doing something t improve the visibility of this property.,So that``was th first reason and the second is that,t owners the wife is has (inaudible) disease and she's y concerned about lymes so she wants be able to sit outside but not be on the grass to be (in dible) tick bites. Yeah if you're up on p ement I mean up raised you have less vulnerability t n if you were to sit in the grass. So i ou have any questions I'm here to answer. It's a very odest application it's five foot deep porc 0', e have a place to put a chair and a table and for ur coffee cup or something. She's tryin ` o be a good neighbor and face the street and make itj ore presentable than it is right now. MEMBER DANTES : You're not going to demolish the use right? 56 RECEIVED APPLICANT'S PROJECT MtAy �� 17 201p,DESCRIPTION 6 ZONING BOARD OF APPEALS APPLICANT. Richard F. Hans and Siobham Hans DATE PREPARED. 5/14/19 1.For Demolition of Existing building Areas 10 t3l Please describe areas being removed: 111.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A 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 M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Number of Floors and Changes WITH Alterations: I IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings an your property: N/A Proposed increase of building coverage: NLA Square footage of your lot: N/A Percentage of coverage of your lot by building area: N/A V. Purpose of New Construction: N/A 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): N/A Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/22012 Please See Attached Addendum for Project Details. -7a QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? 10""y T " 2619 Yes X No ZONING BOARD OrAWEALS B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes (seaward of bulkhead) 2.)Are those areas shown on the survey submitted with this application? vP, 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 vanance 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? No 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. 1. Please list present use or operations conducted at this parcel gQ idential-Single l an,4 and the proposed use N/A-See Attached Addendum. (ex: existing single family,proposed: same with garage,pool or other) - A2t�� S__17 - 19 Authorized signature and Date �tECEIVEUl AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS �,���` ►Q � 9 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. 1. Name of Applicant: Richard F. Hans &Siobhan Hans 2. Address of Applicant: 60 Knollwood Thrive • 1, hmont_NY • 10538 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: interpretation of ing code(see application). 6. Location of Property: (road and Tax map number) 2125 Pine Tree Road • Cutchogue,NY • (1000-98-01-13) 7. Is the parcel within 500 feet of a farm operation? { } Yes {3} 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) 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 Append&B M4Y '�0 2G3�3 Short Environmental Assessment Forret ZONING BOARD OF APPEALS Instructions for Completina Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Hans Property Project Location(describe,and attach a location map): 2125 Pine Tree Road • Cutchogue,NY • 11935 Brief Description of Proposed Action: Applicant seeking a determination on whether or not finished space(painting of interior walls, utilization of existing electric service) constitutes a permitted use or unpermitted use, as per Southold Town Zoning ordinance. 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? ()6q. acres b.Total acreage to be physically disturbed? c0,1 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 fa Residential(suburban) ❑Forest ❑Agriculture Z Aquatic o Other(specify): ❑Parkland Page 1 of 4 YLARECEIVED 5. Is the proposed action, a rr fi NO YES N/A a.A permitted use under the zoning regulations? ��f�� X b.Consistent with the adopted comprehensive plan? ZONING BOAPD OF APPEAL_ X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? FX 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: T_itt1P C'rPak f n trihntnry to PP(-nnir Rnv C EA) X S. 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 orNational Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X 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: El Shoreline 0 Forest ❑Agricultural/grasslands © Early mid-successional 191 Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 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? ❑NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 11 NO❑YES Page 2 of 4 1 S.Does the proposed action include construction or other activities that result in the impoundment Y NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? 2019 If Yes,explain purpose and size: MAY X 8 X -7rntr;1;nARD OF APPEA a 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 THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: (Part 2-Impact Assessment. The bead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? S. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 - R CE1VED MAY' 1 o 2019 No,or Moderate small to large ZONING BOARD OF APPEAL_ impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need-to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold*s Code of Ethics prohibits conflicts of interest on the part of Town ®tiCeiSvtfD and employees. The t9urnose of this form, is to provide information. which ran alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to void same.10AY 17 20 YOUR NAME: Siobhan Hans ZONING BOARD OF APPEALS (Last name,rorst name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. I f so, indicate the other person or company name.) 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, marring ge, 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. i 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 peg-son: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and; 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 nota corporation). Q an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this _ .�.,_.._...�r'T�-.__�-�_�I�.I Signature: Print Name: S/.Lc-)jL )3 c z Siobhan Hans APPLiCAlO VOI�/,/NER -- TRANSACTIONAL DISCLOSURE PORI The Town of Southold's Code of Ethics prohibits conflicts sof interest on the part of Town officers and ernplovees. The ourpose of this form is to provide information. which can alert the Town of possible conflicts of interest and allow it to tape whatever action is necessan,to avoid same"` YOUR NAME: Siobhan Hans MAY 1 s 26S9 (bast name, first name,middle initial,unless you are applying as the name of someone else or other entity,such as a company. If so, indicate the CONING BOARD OF APPEALS other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance _._x_ Change of Zonae r - Approval fo flat 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. Maine of person employed by the Town of Southold: Title or position of that persona: 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 noir-corporate entity (when the applicant is nota corporation); Q an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this4 / Signature; _ Print Name: .._ *r� s' Richard P. Hans -AGENT/RE PRE,SE NTATIW, TRANSACTIONAL DISCLOSURE FORM The Town-of Softth6ld!s,Code-4f-Ethid'ofbItibits conflicts 6thitiriAbn the dart dftown officers and emiAovees.!flie purpose of this Corm is_fo ` - 6_-__ ibri which caws ert the town of ossi6re'6onhictiv�f intecestbn'd-n1'16WRto takembalever YOUR NAME (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 other person's or company's name.) A PPLICATI ON: (Check 11 that apply Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes•by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,pa"rent,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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this. 4*262M"I--day of M" 2019- Signature Print Name 92ber+ SOUT��' Town Hall Annex Telephone(631)765-1802 631 54375 Main Road Fax� � � � ( )765-9502 P.O.Box 1179 ' * d Southold,NY 11971-0959 11 BUILDING DEPARTMENT TOWN OF SOUTHOLD RENTAL PERMIT APPLICATION Rental Permit Fee $200 (Application must be renewed every two ye s AUG 132019 Section A. Property Information: Rental Property ddress --� Tax Map Number: 1000 SECTION -BLOCK -LOT - SECTION B. OWNER INFORMATION: Property Owner Name: I C/�c�-�� �'►U���"'� Property Owner Legal Address: Property Owner Mailing Address: �6 y,g 1 Telephone Number (sDaytime 0 -) (,-Evening -'`lj Emergency S3 d Property Owner Email Address: �a'ytks h a �D D L° c0 VVt z 0� Page 1 of 5 V� Sig Town Hall Annex Telephone(631)765-1802 Fax 631 765-9502 54375 Main Road ( ) P.O.BOX 1179 Southold,NY 11971-0959 COMM BUILDING DEPARTMENT TOWN OF SOUTHOLD Section C. Authorized Agent Information: Name of Authorized Agent of dwelling unit, if any: 6 TJ kz:� Address of Authorized Agent (no P.O. Boxes): Mailing Address of Authorized Agent: Telephone Number(s): Daytime Evening Emergency Email Address: Section D. Managing Agent Information: Name of Authorized Agent of dwelling unit if any: b Address of Authorized Agent (no P.O. Boxes): Mailing Address of Authorized Agent: Telephone Number(s): Daytime Evening Emergency Email Address: SECTION E. SITE MANAGER INFORMATION: (required for rental properties containing 8 or more rental units) Name of Managing Agent of dwelling unit, if any: �1 630 -k:5 Address of Managing Agent (no P.O. Boxes): Page 2 of 5 sollp Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631)765-9502 CA P.O.Box 1179 b Southold,NY 11971-0959 '�•`t�` 4 'roUPJN,�� BUILDING DEPARTMENT TOWN OF SOUTHOLD Mailing Address of Managing Agent: Telephone Number(s): Daytime Evening Emergency Email Address: SECTION F. PROPERTY DESCRIPTION: Number of Rental Dwelling Units on property: 1 For each Rental Dwelling Unit set forth the Rental Dwelling Unit identifier(for example, Unit 1, Unit 2, Unit 3 or Apt A, B, C);the use of each room in the Rental Dwelling Unit (for example, Kitchen, Bedroom 1, Bedroom 2, Living Room) and the dimensions of each room. For properties with multiple Rental Dwelling Units use "Rental Permit Application Addendum." Rental Dwelling Unit Identifier: Requested Maximum number of persons allowed to occupy Dwelling Unit: Number of rooms in Rental Dwelling Unit: Use and Dimensions of each room in Rental Dwelling Unit: Page 3 of 5 %rJV S®Urg'O . ` ''" Telephone 631 Town Hall Annex � -.a,�:�; r. p ( )765-1802 54375 Main Roadw p Fax(631)765-9502 cn� a. P.O.Box 1 179 Southold,NY 11971-0959 O eye CoUfd1'd BUILDING DEPARTMENT TOWN OF SOUTHOLD SECTION G. INSPECTION: Pursuant to the Town Code of the Town of Southold Chapter 207 (Rental Properties), a safety inspection by Code Enforcement Official is required. If the owner chooses not to have said inspection performed by the Town, a certification from a licensed architect, a licensed professional engineer or a home inspector who has a valid New York State Uniform Fire Prevention Building Code Certification is required stating that the property which is the subject of the rental permit application is in compliance with all of the provisions of the code of the Town of Southold, the laws and sanitary and housing regulations of the County of Suffolk and by the laws adopted by the New York State Fire Prevention and Building Code Council. U I am requesting a fire safety inspection to be performed by a Code Enforcement Official from the Town of Southold ❑ 1 am submitting a completed Town of Southold certification form from a licensed architect or a licensed professional engineer. SECTION H. DECLARATION: Signature must be notarized and MUST be the owner of the dwelling unit. STATE OF NEW YORK) COUNTY OF SUFFOLK) I Si I'S , certify under penalty of perjury, the following: 1. 1 am the owner of the property identified in "Section A" of this application. 2. The property owner's legal address set forth in "Section B" of this application is my legal address and I understand the Town will use the address for service pursuant to all Page 4 of 5 Town Hall Annex „ ' Telephone 631 765-1802 54375 Main RoadFax(631)765-9502 P.O.Box 1179 m tAt, ' Southold,NY 11971-0959 Q room BUILDING DEPARTMENT j TOWN OF SOUTHOLD applicable laws and rules. I further acknowledge that I will notify the Town of Southold Building Department of any changes of address within five (5) days of any changes thereto. 3. 1 have read and received a copy of Chapter 207 of the Code of the Town of Southold and agreed to abide by the same. 4. 1 will notify the Town within five (5) business days as to any change to the information regarding Authorized Agent, Managing Agent, or Site Manager. Property Owner's Name: J a V-kG-V\- S Property Owner's Signature: Sworn to before me this�L day of 20L9 Official Notary Public Signature and Original Notary Stamp CHARLES F. WENTE>E III Notary Public,State of New fork No.01 MC5018145 Qualified in Westchester Co Commission Expires Sept.20,21 L{{ Page 5 of 5 AI 1. 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All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTiVI# 98 The Application has been submitted to(check appropriate response): Town Board E3 Planning Dept. ® Building Dept. ® Board of Trustees I. 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: Mature and extent of action: Seett ch Qdd__od-urn. Location of action: 2125 Pine Tree Road o Cutchogue,New York c 11935 Site acreage: 064 a MAY V' Present land use: Residential Single Family with Deck N)NTNG BOARD OF APPEALS Present zoning classification: R-40 2. If an application for the proposed action has been filed Nvith the Towrn 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 0 Bridgehampton,New York 0 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 ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy I. poster a pattern of development in the'Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LIV" Section Ila—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No nX of Applicable See Attached AddenEuln. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 111—Policies Pages 3 through 6 for evaluation criteria © Yes ❑ No El Not Applicable See tta hed Addendum qECEIVED L_VV__;0 Attach additional sheets if necessary MAY 17 2019 Policy 3. Enhance visual quality and protect scenic resources throughoi-R&IMOW 901fifiold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes [3 No M Not Applicable Garage is not visible from the road, or by adjacent properties due to established vegetation. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria R Yes R Nom Not Applicable See Attached Addendum. 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 Yes No F"I Not Applicable See Attached Adderid um. 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 R No' Not Applicable See A-flached en urn. (MAY Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LMW Section III — Policies Pages 32 through 34 for evaluation criteria. R Yes R NoFxj Not Applicable Attach additional sheets if necessary Policy S. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LAIRP Section III—Policies; Pages 34 through 38 for evaluation criteria. R Yes El No [R] 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 LVVRP Section III—Policies; Pages 38 through 46 for evaluation criteria. YeD No Not Applicable See Attached Addendum. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LVVRP Section III—Policies; Pages 47 through 56 for evaluation criteria. R Yes F] No 2 Not Applicable RECEIVEU i-FIR-F-4- eh U 1Z Nee AttacneqAddendu—M. —a N In.i 6 i!3 e;�R B.eF APPEAES Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town `eaters. See LWRP Section In—Policies; Pages 57 through 62 for evaluation criteria. R Yes R No� Not Applicable . . . vl -ye-e--Artcq--C-WeC-1--A(ICt endum. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LUMP Section In—Policies; Pages 62 through 65 for evaluation criteria. R Yes 1:1 No M Not Applicable —ye—e Attached Addendum. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LSP Section M—Policies; Pages 65 through 68 for evaluation criteria. R Yes F] No N Not Applicable See Aittached A' adencluff. Created on 512510511:20 pal RECEIVED MAY 172019 • BONING BOARD OF APPEALS Board mf 2-1-o% � QEt pq&R�A.nGjentio AJ i�HOMA° RON (Where the Applicant is not the Owner) We. Diehard F. Hans and Siobhan Hans residing at 60 Knollwood Drive. Larchmont.NY 10538 do hereby authorize Suffolk Environmental Consulting. Inc. to appy for variance(s)on our behalf from the Southold Board of Appeals. Richard F. Hans _- �oobhan I•Ia�as FORM xO. 4 PECEIVED TOWN OF SOUTHOLD BUDDING DEPARTMENT O_APPEALS Town Clerk's Office Southold, N. Y. Certificate Of Occupancy f No. ."533 C. . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . . .2? . .. . . . . . . . . . . . . .. 197' . . 2125 Pine Tree L,-)ad THIS CERTIFIES that the building located at . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street Map No Nassau i.. . . Block No. . . . . . . . . . .Lot No. . .g . . . . . . . . . . . . . . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated August 5 . 19K pursuant to which Building Permit No 91 j- dated nui,s.t 21 , 19 71. ., 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 OneFariily. Dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . Mrs. k(alter Fried (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . i�1.R. . . . . . . . . . . . . . . . . . . . . . . . . . Pending UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER .2125. . . . . . . . Street Pine Tree -Road.,. Ci.itchogue il.Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector i tO f �RfiPW00D ROAO~ \Q_ dP4LE Arun FLOAT —BU2N L•R� _- RAMP �� S''!'•�\ ' ' Bw aON82lraC WAM& P _ 19 - t^�'•r_ ) Igi'Y, PR..NQ. u Q S \ `SO r���'1 ®•" o� SHEP —�— _ 'i,`"�" 11,OVEfL � _��,0����4 �lci 4jht Kill � t -to-,-.s+ --...��•- i� �`�'' Z 2 r:I( f'U 4°Y • s.as'o9�s�i w. G�_�I J'� `���.— �-- I m �;r,S��y, - � NN FENCE 365;0 I t��•71 �m e BUUCHSTD f! esfo(52.s2��{0 /� Stied, l5 �yCC I � P C:.\ � ;��'[cr l (',•�- � f t'�� NOTE' wwa.a.eo.rmo LOT Nldq.REP,,E;IZ V MAP OF NA>SAU FARM,, S FILQ,?'j1:I THE SUI�iF'CO.CL'ETZIC'S OFFICE l .MAP OF' P.fZQPE2TY ......•a�..�,m.o�e,.,, ���we:ru�:u�s. � I '�l1QV,YED : 5OR .�a„eu..m w."a e.m.p„•a ^•••dw.a� SUER�. GO.°TAX MAP NO�fODQ-?8-.; 13 • Al2TH U Ifs "C/1-r'','7� '� {J('��J Mj/./��TF II{ I mbrbww.on b.wn.uw,,,vry, EST 'i1 ! ' 11 4� LI MnEbp�yWan WNO Y W ' � b•4Li°"�iuU�bNaynaYnOY . I ' IJT,C1 iCl k)E j ' �5UAR'A'1641rel 7R, ';::10) IC AfeSURACT t we,i i SCACE.,I' j;° A5"$ 1C P .��luN�7�.I O N m b; j� FORM NO.a RECEIVED-- TOWN OF SOUTHOLD M:i\Y 1 77 9 BUILDING DEPARTMENT Office of the Building Inspector Town Hall ZCfNI1MG BOARD OF pppFpi Southold, N.Y. Certificate Of Occupancy No. . X48. , , , , Date . , , December 182 z.1l . . . . . . . . 3. . . . . . . . . . . . .. 19 . .. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 212.5. .P�n.e .T ne,e, ,B o a,ci , , Qp., q 1,pg,u e House No. street Hamlet County Tax A4ap No. 1000 Section , . 9.$ . . . . . . ,Block . . 0,1� . , . . . . . . . .Lot . . OI3 , , , , , , , , , , Subdivision . . ,Nassau Farms. . . . . . . . . . . . . .Filed Map No. 1,1 79. . . .Lot No. g. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated A pp.�1. 2• • • • . . . . . . . . . . . , 102.2. pursuant to which Building Permit No. 26, , , , , , , , , , , , , , , 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 . . . . . . . . . . . . . . . . . . I , . . ac.clossP.r.y .Zara°a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . .Geraran.0 of the aforesaid building Suffolk County Department of Health Approval . . . P./.A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . NAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1181 �tut:ivCll__ I FORM NO. 4 'MVn � 119 TOWN OF SOUTHOLD BUILDING DEPARTMENT 7_ON NC BOARD OF APPEALS Office of the Building Inspector 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 DEPART14ENT OF HEALTH APPROVAL IN/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A -- Building Inspector Rev. 1/81 . _.. . - �- _. _ . .. . � _. - .. __ .. _ ... - - - ,_.� .- - - --- - --• - ; �� tom.; - aj RECEIVED 3. Nature of work(check which applicable) New Buildm. .. Addition . _ Iteration hS. /1 ' r •w 19Y 4 1� 2619 Repair . . .. .... .... . . Removizl . .. . . ,. ..... . . licinolition . ... .. .. . .. . . . Other Work......,. ... . 4. Estimated Cost ti. 4/S) (Description) '. . . .. .. . . . . . . . .. . .. .. . . . Fee .. . . . ..... .. ...... . .-C11T!NG BOARD OF APPEALS (to be paid on filing this application) S. If dwelling,number of dwelling units .. . . .. . .. . .. ... Number of dwelling units on each floor. .. ... , ,..... .. . If garage,riurntierf gars '' .:.... ... . .. . 6. If business,comm--rcial'or mixed occupancy,specify nature and extent of each type of use ..... 7. Dimensions of existing structures,iif any:Front.. ........ ... .. RearDepth . Height . ....!- :ti.';:.Number of Stories .. . .. .. . ... .. . ...... . .. .. . • Dimensions of same structure witli alterations or additions:Front .•. Rear . Depth • .......• ..•. . .. . .. ...Height .. .....• . ••• ... .. .Number of Stories , ......... S. Dimensions of entire new construction: Front .. ........ . ... . Rear ., . ... , Depth Height .. ....• ..... ..Number of Stories .. ...... 9. Size of lot: Front .... . ... . . . .. ... . .. .. . Rear ,...... .. . . . .... ... .. .• . ..... .. 10. Date of Purchase ..... .. . . ..•. Depth .. ................. ... . ..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 . . .... ... .. . .....Will excess fill be removed from premises: Yes No 14, Name of Owner of premises . .. . , . •. . ., , •• ,,..Address .,.... . .Phone No. Name of Architect .... . ......m . .... . . . . ..... .Address .... .... Phone No. ._.•... . ... '... . • • • Nae of Contractor .. . . .. . ......... .. .. .......Address . Phone No. . ... . 15. Is this property located within 300 feet of a tidal cretland2 *Yes .,, No *If yes, Southold Tovm Trustees Permit ma be recfIuired, PLO DIAGItAivl 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. I �t t r 1 `3 OCCUPANQY OR PLUMBER CERTIFICATION USE'-IS.UN,LAWFUL ON LEAD CONTENT BEFORE -WITHOIa'� OERTIF(�ATE CERTIFICATE OF OCCUPANCY'. OF OCCUPANGi' SOLDER USED IN WATER SUPPLY SYSTEM CANNOT EXCEED 2/16 Of 1%LEAD. STATE OF NEW Y( 24,``, COUNTY OF .., ' .��. S.S •. . .. .. being duly sworn,deposes and says that he is the applicant (Name of individual si.ning contract) above named. Heis the . .. .. . .... . . . �5. _.. . . .. ... . .. . .. .. . ... . ... . . .. . . (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 in 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 Cited therewith. Sworn to before me this . . . . . i 19.D, i Notary Public, .. ... County 4� / RF-CEIVED FORM NO. 4 2019 TOWN OF SOUTHOLD BUILDING DEPARTMENTQgW � ( QrPEAf-5 Office of the Building Inspector 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 law. 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/S1 RECEIVED -- - - N1 1 rat l�7 ZnFITNC BOARD OF APPEALS Repair . ... . .. ... .... Re:no•.al ............ .. DO.rnOlIZ101I .. .. . . .. .. . . . . Omer Pork..... ... .. .. .. '7 ? Too0 — - ©f (Description) (to be paid on filing this application) ,. If dwelling,number of dwelligg units .. . .. .. ... ... .. Number of dwelIino units on each floor. .. .... .. .... .. Ifgarage,number of cars .Q.w ...... .. . .. ... ... .... .. ... .. . .. ....... ...... .... .. .. .. .... .. .. >. If business,commercial or mixed occupancy,specify naturz-and extent of each type of use .. .. ....... ... .. .. .. 1. Dimensions of existing structures,if any: Front. . . .. ... . . . . ... Rear . . . . .... .. . ... Depth . . . . .... . . .... Height ..... .. ........ Number of Stories . . . ... .. .. . . .. . .... .. . . . . .. .... .. ......... ....... ...... Dimensions of same structure with alterations or additions- Front ... .... ... . .. . .... Rear . .. . ....... .. .... Depth .... .. .. ........ .. . ... Height . . . . .. . . .. ......Numbbr of Stories .. ..... . . ...... i. Dimensions of entire new constructions M-p. t . ./?/ ... • . ,. . Rear � Depth .4A ..,. .. Height ... _Number of Stories .. .. /. � ). Size of lot: Front Rear .IQ 7:' / .... ... ... . . Depth .9.1! . ... ... ... ... ). Date cf Purchase .. ... ... . ...........Name of Former Owner . . .. ... .. .. .. ...... .... .. I. Zone or use distri,:t in which premises are situated... . ... ... .. ... . .. .. . .. .. . ....... .... ..... .. ........ ?. Does proposed construction violate any zoning law,ordinance or regulation: .... ........................... 3. Will lot be regraded .. .. .. ....... . .. ..... .........Will,excess fill be removed from premises: Yes Nt �. Name of Owner of premises . ... .. . . .. ... .. . ....Address .. .. . . . .. ..... . ....Phone No. ...... .. .. . . .. Name of Architect .... .. . .. . .... ... .... ......Address . . .. . ......... .. ...Phone No. .. ...... ...... Nameof Contractor . .. .. . .... . . . . . .. .. . . .... ..Address . . .. ..... ... . ... . ..Phone No. .. .. ...... ... . PLOT DIAGRArbi Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions fron roperty hnes.Give street and block number or description according to deed,and show street names and indicate whethe .tenor or corner lot. 7C I-A n!-' U �o G,1rA& j 20� ` K -`- TATE OF I�r – ----- _ ! 'TY • ••••••�• �?� •; . • • . .... beuig duly sworn,deposes and sayss that he is the applicgra f individual slgnin3 contract) named' e is e is the ..• . (Contractor, gent, orporate officer,etc.) f said owner or owners, and is duly authorized to rforn, 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 or;will be performed in the manner set forth nt the application filed tl,crewith. worn to before me thiss�--�--- pp. . .... ... . . day of. . . 1900 RECEIVE' Jr FLS UF�[,�r�$ Town of Southold Annex zoo 1 gip•2 Op141'EA P.O.Bos 1179 �1NG bG g ter. 54375 Main Road �', • per.' Southold,New York 11971 dol ,� ,�a°,• 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 Autho Si ature 31�-71• , M AN 1 a 2019 ---- BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *®f $i7(JTyOlO 70NIN93o92 &As gg41,L-: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 eouPm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD & 9:aonmTel.(631) 765-1809-Fax(631)765-9064 DEC 2 4 20188 ,FINDINGS,DELIBERATIONS AND DETERMINATION a� yiQ MEETING OF DECEMBER 20,2018 Sou hold Town Clerk ZBA FILE: 47228 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2115 Pine Tree Road, (Adj.to Little Creek) Cutchogue SCTM#1000-98-1-13 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without 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 XXIH, 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,_Section_280-124, which states that on lots measuring-Jess-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. A, _ 7 .0 Page 2, December 20, 2018 #7228, Hans ZONING BOARD O SUM No. 1000-98-1-13 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 XXIH, 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)M. 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 §267-b(3)_b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant 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 267-13, 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. Page 3, December 20, 2018 RCCEIVED #7228,Hans SUM No. 1000-98-1-13 MA! U 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" improvement(s)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 apossible denial by the Building Department of a buildingpermit, 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 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) C`—rLr.G Eric L. Dantes Vice Chair Approved for filing J�-/ 2- 1 /2018 TOWN OF SOUTIIOW, NEW YORK � 'E .AuguAt...20, 1970 ACTION OF THE ZONI2VG BOARD OF APPEALS \� Appeal No. 1362 Dated August 5, 1970 Mh'Y ` y ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD ONING BOARD OF APPEALS To Mrs. Anne Fried Appellant 47 Pine Tree Road Cutchogue, Nerw York at a meeting of the Zoning Board of Appeals on august 200 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 a'nd (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. PROVEPE REVERSE C1 17 L KING BOARD OF APPEALS FORM ZB4 I � �� Cha man oar ppea s ar orie McDermott Secretary ou hold Town Board of Appeals ZA J''RECEIVED W VR , 201, %�3NING SOARD 0E 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, ,Cutohogue, New York. The extension will be 12 ft. x -15 ft. which will leave a side yard of approxi- mately 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 spirtt of the Ordinance. TEMEFORE, IT WAS RESOLVED Anne Pried, 47 Fine 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, Outchogue, Kew Yor-k.' i Vote of the Board: Ayes Messrs: Hulse, Bergen, Grigonis. I r aECE.IVE p LnScv- hold 7own., Boa MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2993 Application 'Dated May 20, 1982 TO: Mr. Norman Addy as agent for Mr. Gerard Galliano, [Appellant (s) ] Box 262 2125 Pine Tree Road 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 I ] Request for The public hearing on this matter was held on June 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 Page 2 Matter of Gerard Galliano Appeal No. 2993 Decision Rendered June 26 , 1982. �.ECEIV EU X9 1` '7 Z09 Road; 1�? APPEALS 70 �G CiOARD OF A, , 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 THE SOUTI.ULD TOWN CLLRK Chairman Board of AppEals DATE7'�G/$� HOUR-�:S50 n1. Town Clerk, To,tin of utrold 4/J�_ 1 i HANS P rop e r ;vG BOARD OF APPEALS Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) op - rM The photograph above (taken facing south) depicts the existing non-conforming garage with the as-built outdoor shower HANSPropeqy 0NING �30ARD OF APPEALS Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) x rt 1. The photograph above (taken facing west) depicts the pre-existing non-conforming garage with the as-built outdoor shower. HANS Property RECEguL , MIA t `` M q Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 ZOWTKt ROARD OF APPEALS (Photo ra h Taken 5/13/2019) F The photograph above depicts the location of the hot water heater for the outdoor shower, located within the pre-existing, non- conforming garage. RECI= HANSProperty ONTht, HOARD OF APPEALS Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) `jr A; P Y V I The photograph above (taken facing east) depicts the front entrance to the pre-existing, non-conforming garage. -B91 RECEIVED HANS Property iAA� 0 '716'4 Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 ZONING BOARD OF APPEALS SCTM#: 1000-98-01-13 (Photogra h Taken 5/13/2019) f Fall The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage. HANS PropertyRECEIVE Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 ;lP I ' J, (Photograph Taken 5/13/2019) ZONING BOARD OF ApFEA"_5 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. HANS Property RECEIVEL Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 ZONING BOARD OF APPEALS (Photo a h Taken 5/13/2019) 4. AF Vk' Y jj {t o f r - s-- r The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the existing single family dwelling. HANS Property Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 (Photo ra h Taken 5/13/2019) y The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the adjacent property line. Suffolk 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 pfnil Bruce Anderson,M.S.,President *Hand Delivered* May 14, 2019 Town of Southold Zoning Board of Appeals P.O.Box 1179 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 1" 2019: original and nine [9] copies; 12) Building plans prepared by Suter and Suter Architecture on February 13'h, 2019: original and nine [9] copies; 13) Interpretation Addendum original and nine [9] copies; 14) Town Property Card; original and nine [9] copies; 15) Location Map; original and nine [9] copies and; 16) Check written out in the amount of five hundred dollars ($500.00) made payable to the Town of Southold. r Thank you in advance for your anticipated cooperation. Sincerely Bruce A.Anderson TOWN OF S JTN0L-P ' -3 4T I*�Ct3RO 4 RD (! { JF '• + TO m OWNER, STREET VIL GE I]15TEI.CT SUB. LOT f ;�: -. ,� ,,. ..�.-' ✓{. ' f �� f �V rYO'di � � �� *? '\ /fes/MV 1F 5 / l'. ( / �� 4.1 FORMER OWNER ' • `' N E ACREAGEp W TYPE OF BUILDING RE$�16 ,,j SEAS. VL. FARM COMM. IND. CS. Est. Mkt. Value I tW LAND IMP. TOTAL DATE REMARKS 111r a ltd '$e 01Ln -t ! r p co 41 dd PIZ 3 3,a Ar/L ME I 'l r� `9' ` �` � 6 �t G bRS ¢ lA�vd iWA + /3�7 // P�- ►d.P. 1IL21 co ns/'r. a ?aao AGE , .. r BUILDIN C IyDITI IlaA • 0243 3 - �ne✓ia6 e {�a is 7.-:#r FRONTAGE ON WATER C/O()Farm Z�017Acre 6 Per dcre C7. dj#Value FRONTAGE ON ROAD Tillable if[/ 5 70Q-' 0 +I f BULKHEAD Ad tee Ln Tillable 2 DOCK LO Tillable LD Tillable i, I oZU �`7� 'Sa�D- 'ano 4 4o N44;lI c A WoodlandLU MR .•PA'+.W cn ` '- - O7 Swampland ? S 1 { • a � BrusSllon� , o .r-% VM% �-�- to ' m CD House Plot _ 1�Q�i g N Ln T o Aft elf i�� �N•k5 l,l n J+�� `ti.a. �,,�7'tiv.l c''aS* 5 syr ■!!9!!!!■■!!!!!!!!! i IL4wArMlimmimm '"�� ' -� - , __• � . - !lE�e �i1��'!f iii i�ti'1�!!!!! IRA a% !�" r Iwo JME Q *' °"•.tit �rw..�r � - ., .. .�. wt..-9V+'. ;�•.•.^ fir• r. w i • ti r • �• • r• + � � 1 I it I •a .r f � • I Interior r , • � w r ■ •• /. / 1+ I .�� � f r � a � ids *j� �• ,J I � BUILDING DEPARTMENT ®' TOWNURjTJRUrHOLD RECEIVED UOUSING CODE INSPECTION REPORT 1\` LOCATION: 2125 PINE TREE ROAD CUTCHOGUE, N.Y. MAY I1� number & street municipality SUBDIVISION MAP No. LOT(s) 7nNING BOARD OF APPEALS NAME OF OWNER (s) GERARD GALLIANO 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 r # STORIES ONE # E%ITS 4 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE TOTAL ROOMS: IST PLR. 5 2ND FLR. 3RD FLR. BATHROOM (s) 3 TOILET ROOM (s) UTILITY ROOM PORCH TYPE DECK, TYPE . • PATIO BREEZEWAY FIREPLACE ONE GARAGE DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING TYPE HEAT OIL WARM AIR XX HOTWATER OTHER: ATTACHED STORAGE ROOM ON FRONT. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST_' 1 CAR WOOD FRAME STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION S BUILDING CODE LOCATION DESCRIPTION ART. SEC. REMARKS: BP 14917Z-CO Z-5330 (Addition & deck) BP 111821Z-CO Z-11348 (ACCY GARAGE) BP #20363Z-COZ-20453 (ALTERATION-PATIO ENCLOSURE & BATHROOM ADDITION) INSPECTED BY DATE OF INSPECTION JUNE 7, 1995 GAR.3jrFIA TIME START END ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: May 24, 2019 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7321 Hans, Richard and 136 $500.00 RECEIVED Siobhan MAY 2 8 2019 outhold Town clerk TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. _..r - - ::'+•CS"-, ='ir:r�':''i., ?':.�`? ft'n.',i°�:i.,s .�.?ti•. i :'a'^•:Sri^r,S;a•`-•.k"°,s .[:.-, . "`�.Z°� .'r.•- -t:�iL'.�;i.:}j��'�,-r�._�.i::"r } :y•� ..i'�c,fv,.:�. ��f .1"y..= =:s:t�'^��:i ry ��i.' RICHARD-F HAMS, K, ,SIOBHAN,HANS�' ;�' �,•'' ^,r. - - �>.•�� ;�� RCIiAl10NT;(VY DATE-.,;n 'vy -` � �" „'tgi�4'k:,..r w,r.c-e_s'.4` -: - '_5-• - 4.s.',' ' � ! _ i�fr ,( �•<Yr 'Yf*4'. '}^+$",..�:. ,�`t,i�,'� '.�.`�.Y+1.-��•��.�- _ ��':1`�'�i'i -- `f.: ' PAYTOTHE +'. .. ,r. .'rif� d•. ..' , ,.r�,N„p,L,�x.... :'�� .': ORDER OF `•' <u` '.,.,.., ,t1'.. �'.�.'. ,,. -V+::t:�'�?.��;f°Q•(/- 'DOLLARS,:,JIJ JPMorgan Chase Bank;•NA u `1i� s'.•.n' ' x -. .{: 'r:''r mNm.Chase corn A• '^s '. 2 MEMO I �g�FFO`,r 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 ,g. ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,� �,`� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD� TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: May 28, 2019 RE: Zoning Appeal No. 7321 Transmitted herewith is Zoning Appeals No. 7321 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) Agent/Representative Transactional Disclosure Form(s) ) LWRP Consistency Assessment Form Notice(s) of Disapproval _,/_Board of Zoning Appeals Application Authorization /Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- J.e,"e-4 ko ZB A 4Zro u... J&"e- A. A,ndex&n Copy of Deed(s) Building Permit(s) ,,e Property Record Card(s) Survey/Site Plan Maps- Drawings J Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- >wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/28/19 Receipt#: 254857 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7321 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#136 $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 7321 �t TYPESET Fn 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,I)lot I 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 tobeheard at ZONING BOARD OF APPEALS 120,000 sq ft.;2)lot 2 proposed at less than each hearing,and/or desiring to submit wnt- 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 bees 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 southoldtownny.gov 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 requirM front yard set- CHAIRPERSON for a Variance from Article XXII, 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=11, 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 FAHS#7329-Request plication for a permit to construct additions for a Variance from Article =I, 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 lo- 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 20 feet; 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,(Adj. to 10:10 A.M.-WILLIAM HARNEY#7322- Long Island Sound)Greenport,NY,SCTM Request for a Variance from Article III,Seo- 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 joumed 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) 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 Sworn toe b fore me this day of QRIST'INIA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06105050 Quaiified in sutfoik County My Commission Expires Februory 28,2020 BOARD MEMBERS ��®F S®(/�,y® Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. ®l 54375 Main Road(at Youngs Avenue) Nicholas Planamento yC®U ,� 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: 10:00 A.M. - RICHARD AND SIOBHAN HANS #7321 —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 permitted accessory use; at: 2125 Pine Tree Road, (Adj. to Little Creek) Cutchogue, NY. SCTM#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 L.>.JING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website. littp:Hsouthtowil.northfork.net September 9 , 2019 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 2"d : 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 not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. i4U' T1 ('M. E OF HEAR1i4U' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : HANS , RICHARD #7321 SCTM # : 1 000-98- 1 - 1 3 VARIANCE : t6AS BUILT" SPACE NOT A PERMITTED VSE REQUEST: LEGALIZE "AS BUILT" ADDS & ALTS TO EXISTING ACC'Y GARAGE DATE : THURS. , OCT. 10, 201 :9 1030 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 BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 TOWN OF SOUTHOLD �• f �g�� y ZONING BOARD OF APPEALS Appeal No. 6 01 SOUTHOLD, NEW YORK �ny-y>) �A* AFFIDAVIT C✓1� � OF In the Matter of the Application of: MAILINGS Richard & Siobhan Hans 2125 Pine Tree Road • Cutchogue, NY* 11935 SCT1v1 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 18th day of tember 72019 MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK --�— =— No OlIV6053859 otary Public) ��—Qualified in Suffolk County My Commission Expires 01-22-20"— LI PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ZBA APPEAL#: 7321 TOWN OF SOUTHOLD HANS ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK 'AFFIDAVIT OF In the Matter of the Application of: POSTING Richard & Siobhan Hans SCTM No. 1000- 98—01- 13 (Name of Applicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I Robert W.Anderson-Suffolk Environmental Consulting,Inc. residing at P.O.BOX 2003 Bridgehampton ,New York, being duly sworn, depose and say that: I am the ( ) Owner or(X) Agent for owner of the subject property On the 17th day of September , 2019 , I personally placed the Town's Official Poster on subject property located at: 2125 Pine Tree Road • Cutchogue,New York • 11935 indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which hearing date was shown to be Thursday,October 101h 2019 caner/Agent Signature) Sworn to before me this Day of201( MATTHEW D. (VANS NOTARY PUBLIC-STATE OF NEW YORK (Not a ' 1' liC} No.01 IV6053859 Qualified in Suffolk County My Commis ion Expires 01-22-*t"r— * near the entrance or driveway entrance of property, as the area most vlsl�ble to passerby tp%'S Suffolk Environmental Consuull>tgng,Enc. QL1 NOW Newman Village 0-19\I I �� ` Main Street o ; P.O.Box 2003,Bridgehampton 'New York 11932-2003 7017 2400 0000 5527 5582 n E I U E S TE 9 Pine Tree 48 L.L.C. 2215 Pine Tree Road Cutchogue, New York 11935 _ atnymnc -. -'--�� ry ern-•�O• '• 'i _ p�O�wpS'� i ;r CONOr� T.� ZOe mtRp N3Xas 100 DE RETURN TO SE;„sEp UNCI-A _IIED UNC sc. IISB2200303 f�'c 7 ..3'J��•`��`�.���, 3t32i;�i�))3�t13�'tii6t��li��i���lll'!)�))3)�►�e)�)i))!)i�i'�)i''.� � , '� •o eee e•e. 3t i 311 t i*' 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 � " •V EF.TMs,s9dv6Xi • •N Ok DELIVERY ■ Complete items 1,2,and 3. A. Sig natu"r ■ Print your name and address on the reverse X O Agent so that we can return the card to you. ___. _ . E3 Addressee I ■ Attach this card to the back of the mailpiece, e°��s ' ted Name) C. Date of Delivery I or on the front if space permits. ;�': ✓ ` \ i �,, 'l/J l 1. 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A. Sign ■ Print your name and address on the-reverse X r—a [3 Agent so that we can return the card to you. 13Addressee IIIAttach this card to the back of the mailpiece, B• Red ' ed by,(Print ame) C. Date of Delivery 12 or on the front if space permits. 1. Article Addressed to: D. Is delivery address di refit t"rarn'itern,i? ❑Yes '�O-W y-1 of S.if-,olj If YES,enter delivery address bel6%h ❑No I'NbK ® ``{J 1111111 III I I'll III I III II I IIIII I Ii II II I III I I III 3. Service Type ❑Priority Mall Express@ ❑Adult Signature ❑Registered WOW ❑Adult Signature Restricted Delivery ❑Reglstered Mail Restricted D Certified WHO Delivery 9590 9402 4938 9063 4685 74 ❑certified Mall Restricted Delivery ❑R=Receipt for ❑Collect on Delivery - Merchandise -2—Article Number(Transfer from service label) 11Coliect an Delivery Restricted Delivery ❑Signature ConfirmationTM n Insured Mad ❑Signature Confirmation 5 5 2 7 5 5 7 5 ,o)d Restricted Delivery Restricted Delivery 7 017 2400 0000 i PS Form 3811,July 2015 PSN 7530-02-000-9053 , Domestic Return Receipt I ■ Complete items 1,2,and 3. A. Sign ure ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑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. Article Addressed to: D. Is delivery address different from item 1? ❑Yes �(,� � (�- lkvi✓leSS If YES,enter delivery address below: ❑No '2015- 'P.,K,-l r�eo– P-a¢J1 C tx,�C:ntae-i iO 1 ICIL 35 Illilli II IIISIIIIIIIIIIIIIIl I 3, Service Type II El Priority Expresso 111 III I I Ill ❑Adult Signature 13 Registered Maii ❑ Restricted Signature Restricted Delivery ❑Registered Mail Restricted 9 Certified MaHO Delivery 9590 9402 4938 9063 4685 98 ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise _2—Article-Number!Transfer_from service la6an_-— ❑Collect on Delivery Restricted Delivery d Signature ConfirmationTM ' Mail ❑Signature Confirmation 7 017 2400 0000 5527 5 6 0 51 `v_.W D ail Restricted Delivery Restricted Delivery y PS Form 3811,July 2015PSN 7530-02-000-9053 Domestic Return Receipt { Y 1 � • • • 77 o s ■ Complete items 1,2,and 3. A Sig ■ Print your name and address on the reverse X �� ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• Rec ' ed by(Printe me) C.,Date of Delivery or on the front if space permits. '� J,� 1. Article Addressed to: D. Is elivery addre different from item-i? ❑Yes �c. y t o� 5otldl If YES,enter delivery address below: ~ ❑No 1178 1117 i II I IIII l Jill I I I III II I Hill111111111111 I I Ill 3. Service Type p y Mail Expresso ❑Adult Signature ❑Registered MaiIT"+ ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted 91 Certified MailO Delivery 9590 9402 4938 9063 4685 81 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transferfrom service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmetionT^+ i {, F .- - -- _�__;-__ __ ❑Insured,Mail ❑Signature Confirmation of°Restricted Delivery Restricted Delivery 7 017 2400 000015527 5568 PS Form 3811,July 2015,PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS „l Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $O(/j�® 53095 Main Road• P.O.Box 1179 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 oIiYCQU Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS rR E C E I V TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 MAY 2 4 2019 Southold Town Planning Board May 24, 2019 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. 47321 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 Chairperson By: Encl. Survey/site plan: Peconic Surveyors, P.C. dated March 1, 2019 t Sufioik 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 �artIvEiD Octo er 16, 2019 �� I r r���11, Southold Board of Zoning Appeals ��� P. 0. Box 1179 tl o' °'ppe.a;s Southold, NY 11971 g goy`. Re: Richard and Siobhan Hans(#7321) 2125 Pine Tree Road —Cutchogue SCTM 1000-98-1-13 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 ��0f S0Ujy0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �cou�y,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS' TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 October 28, 2019 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton,NY 11932 Re: ZBA Applications#7320 & 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 IXECSIV c� ppVE`9 KT, m$ •i.r� •G.vti�.�.S_4.._4�.Fa—F=�df-�bx-'� -_._._"__ .___ _ j � t'��. LrP. TtYlVl S- A �t�•fir, �'�-. *="�_;.: l>_'�,S�V',�J-mow _''��a' _ _ __._ _ v `` �i _ - t } r w A C �lI T I C T iT:1�.;� -.�"., :� 'A',1d� J)"''Si, -CC AP- t - 8: EXISTING DETACHED GARAGE 208.5 SQUARE FEET TO BE USED AS STORAGE AND HANE RESIDENCE k, 2125 PINE TREE LANE CHANGING AREA, AND NOT TO BE USED FOR LIVING OR SLEEPING CUl'CHOGUE, N.Y. SCALE l"=1'-0" DATE 2-13-19 EXISTING OUTDOOR SHOWER AND.SKIDS EXISTING 88 SQUARE FEET ! PO.Bt) a09 .12 SS JPA31- hU 91MGM w w- XCDii -11959 ; ALL EXISTING MATERIALS TO REMAIN PHONErail-353~3'877 LOT NUMBERS REFER TO "MAP---OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY- FILED ROPERTYFILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AND CONSTRUCTION OF SUBSURFACE SEWAGE N MARCH 28, 1935 AS FILE NO. 1179 DISPOSAL SYSTEMS-FOR SINGLE FAMILY RESIDENCES AT CUTCHOGUE and will abide by -the conditions set forth therein and on 'the TOWN OF SOUTHOLD P to construct. VF SUFFOLK COUNTY, N. Y. RECEIVED The location, of wells, cesspools & public watershown hereon are 1000-98-01-13 ;7 from field observations and or from data obtained from others. SCALE.- 1 A 30' MAY � � ���J - JANUARY 10, 2012 ZoNiING BOARD OF APPEALS (DWELLING) OCTOBER 18, 2017 (CER77FICATIONS) SEPTIC SYS DECEMBER LOCA*ION UNKNOW) DECEMBER 11, 2017 SETBACKS) (WELL. o4wow,�o " M DECEMBER 5, 2018 (LOT COVERAGE) �"„�n�a NOS lfl ah'WAS MARCH 1, 2019 (ADD WALK/DECK BY GAR.) ON ROAD AD zo12'u R ,DWDOD ----------sem = 0UTILITY - 329 " POLE E CE — PAVERS 02N \� \SIF sAe Q, v v4 ROAD `.�gg•09'50 E —x —�H �x -� BBo 4 23.s ZONE X �o ' \♦ �v\ OS4 C�, , \ 03.N� 8�X tz FE XsX �` • EL &8 �•� g_`=_ �`i= n� �\ +7.6' 4�. 'r•� �� j� ``�� W� ONE STORY m Q '� — ego +1o.s FRAME HOUSE + w � y ♦ \ ♦ t Ise. q,. ♦R�. 0`�/ ` i F.F. EL 11.s � ZONE � \ LOT 19 o PAVERS 11.z ♦ \ PAVER WALK 5.0! _ CONC. COVERO DECK � 0::0 2zoo # a � ' � �� 9 roG6 �� ♦` �`'�'c� �R� - _ ____ SHED 18.5' o FR. GAR. OUT SLOWER �_ wAll 363.47 20.4° FE,S 0% CE1 " rO WIRE�Oly _ N �a—0 FEN q S85.09'S0"W (DWELLING) FE O 'E LOT 18 J ` lep coq Certified To: o�,d. �� Richard " Hans cP Siobhan Hans O Fidelity National Title Insurance Company TEST HOLE DATA Citibank; _ BY McDONDALD GEOSCIENCE 1/5/12 EL 8.s• DARK BROWN LOAM OL ____ ,. AREA=21,6 SO. FT. ; LOT COVERAGE BROWN SILTY SAND SM TO TIE LINE AREA 20,624 SQ.Fr. = ��OF Nepy EXISTING ® HOUSE & DECK ft -- 4• ELEVATIONS REFERENCED TO N.A.V.D. GARAGE & SHED 2331 8q ft.. � FLOOD ZONE FROM FIRM RATE MAP NUMBER Y n PALE BROWN FlNE SAND SP 36103CO164 H SEPTEMBER 25, 2009 2414/20,624 = 11.7x r O EL o.5• waw aa• � oWELL `` &0. 8 . LIC. NO. -49618 o <`z� ANY ALTFRAnON OR �iDDInON TO THIS SURVEY IS A vIOLAnWS,PECK WATER IN PALE BROWN FINE SAND SP . S, P.C. ✓ J OF SEC77ON 7209 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEC711N 7209-SUBDIVISION 2. ALL CER77RCA71ONS 616FAX (631) 765-1797P,O. BOX 909 HEREON ARE VALID FL?4 THIS MAP AND COPIES THEREOF ONLY IF O ■=MONUMENT SAID MAP OR COPIES 13THE IMPRESSED SEAL OF THE SURVEYOR 1230 7RAVELER STREET_ ,r $ 4 =WETLAND FLAG WHOSE SIGNATURE AP��EARS HEREON. SOUTHOLD, N.Y. 11971 12-101 Westermann, Donna From: robert@suffolkenvironmental.com Sent: Wednesday, May 22, 2019 11:54 AM To: Westermann, Donna Subject: RE: Hans, Richard USE application-ZBA Hello Ms. Westermann, Thank you for reaching out to me in regards to this matter. The application is for an Interpretation, I apologize for the confusion. 3 -M Also, I will complete and sign the transactional Vls �bsure r'fn ou have requested. Bruce should be stopping by your office first thing tomorrow moo drop off the form. Thank you for your time and consideration regarding this application. Sincerely, Robert W. Anderson Suffolk Environmental Consulting Inc. P.O. Box 2003 Bridgehampton, NY 11932 (631)- 537- 5160 -------- Original Message -------- Subject: Hans, Richard USE application-ZBA From: "Westermann, Donna" <donnaw@southoldtownny.gov> Date: Wed, May 22, 2019 8:18 am To: "'robert@suffolkenvironmenta1.com <robert@suffol kenviron mental.com> Cc: "'bruce@suffolkenvironmental.com"' <bruce@suffolkenvironmental.com> Good morning Mr. Anderson, I am processing the applications for Mr. Hans — USE and AREA variances. The use application shows an interpretation addendum. I wanted to clarify the application — this is for an interpretation, not a use? Please verify so I may process properly. If the application is for a use, the fee is $1000.00. I would need an additional check for $500.00 from you as soon as possible. Also, we currently have an agent transactional disclosure form signed by Bruce Anderson for both applications, however the main application shows the representative as Robert W. Anderson. If this is the case, I will need the attached authorization as agent signed and returned to our office as soon as possible to include with the files. Please advise our office as soon as possible, so I may continue to calendar these applications. i Thank you for your assistance, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road Southold, New York 11971 (631) 765-1809 2 J ` Westermann, Donna From: Bruce Anderson <bruce@suffolkenvironmental.com> Sent: Wednesday, May 22, 2019 11:38 AM To: Westermann, Donna; robert@suffolkenvironmental.com Subject: RE: Hans, Richard USE application-ZBA Donna We are seeking an interpretation not a use variance. Bruce From: Westermann, Donna [ma iIto:don naw(a southoldtownny.gov] Sent: Wednesday, May 22, 2019 11:19 AM To: 'robert@suffolkenvironmental.com' Cc: 'bruce@suffolkenvironmental.com' Subject: Hans, Richard USE application-ZBA Good morning Mr.Anderson, I am processing the applications for Mr. Hans—USE and AREA variances. The use application shows an interpretation addendum. I wanted to clarify the application—this is for an interpretation, not a use? Please verify so I may process properly. If the application is for a use,the fee is$1000.00. 1 would need an additional check for$500.00 from you as soon as possible. Also, we currently have an agent transactional,disclosure form signed by Bruce Anderson for both applications, however the main application shows the representative as Robert W.Anderson. If this is the case, I will need the attached authorization as agent signed and returned to our office as soon as possible to include with the files. Please advise our office as soon as possible, so I may continue to calendar these applications. Thank you for your assistance, Donna Donna Westermann Zoning Board of Appeals Town Annex/First Floor 54375 Main Road Southold, New York 11971 (631) 765-1609 i urs 14 7bai 12 SEE SEC NO-086 I MATCH � ---Z-- 1.2 l 73 �r'39 14 9A ' d3 Z N'y4 �• r�}�—/�� i ?� � �Plc s..z� � "8 .ate r sa P,5 PI a1 ✓✓✓ ,R 3, S (� 5 rst rel4. � 29 6t S 27.1 �t,r a(1 n 1P 8 '� 2 $ 51 c s 1 OPl J a P,t: on 25" S �i PS •Q �Q o 10.1 ",0 ,p Y a P,r o, a8 FOR PCL NO. •4S �' SEE SEC.NO. tpl a Z 097-09-010.4 121 > 131 Nt a 1� -119 I e• � 1 fat ai un r� R+1 16 2 FOR PCL NO. SEE SEC NO. ,ty �2AZcj_ r 097-03012 ^1 pl ^ 9 20.1 ol l 76'" 0 8� V. 1 SEE .NO. �� WN OF SO\ 104-03014 N 314.282 rya^' . '. a e° e�� �, 16.3. 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