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7339
cq rI cele T�wrn��4 Cl o �a, ef�e - �� a,t a5 iV assa,v P-� fid- cue � 3 * b 8 *� 4ccly aJAcf i dy, fo s�i . Pare s/� 3 3'-/-bbu-1 l"� , pool pajlgw� Loea,", 1 m `offs bw !4-4 �- I'Dito ocw'6-med- sy 3/. d<<�k bc� t(djtiea (T-e-4,e� So', 1( &ec a So— /d 6�� `l/ Scd J10- if will see a-8(0- �tfn t" ( CLS CI� P)4 9/ak-t 911-711'; bl 11.E Q y^*4 101��t I 7�� 1 CHECK BOXES t ( ) Tape this form i D 0 D O ( ) Pull ZBA copy o 0 C a ( ) Check file boxe: M. y ( ) Assign next nur o outside of file f( ( ) Date stamp ent m v = o " v ; j G) ?� o C o — -o m cu file number 's'. X 3 0 Z1; y Cn W 00( ) Hole punch ent "0 �, o-- Wv —� (before sendinE o z :' o p cn � -< � -p ani ( ) Create new ind i, o ( ) Print contact in w N CO CL ( ) Prepare transrr o o Q ( ) Send original ai C to Town Clerk ( ) Note inside file o and tape to ins 3 ( ) Copy County Ti � r neighbors and ( ) Make 7 copies ( ) Do mailing Iabe1 w CO No I _D Y, BOARD MEMBERS ��oF S®(/Ty� Southold Town Hall Leslie Kanes Weisman,Chairperson 01 0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora T Office Location: wr Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCouN�,� Southold,NY 11971 http://southoldtownny.gov p' CEI ZONING BOARD OF APPEALS of '�� c� 10: 55 A" TOWN OF SOUTHOLD NOV 2 6 2019 Tel.(631)765-1809•Fax(631)765-9064 n FINDINGS, DELIBERATIONS AND DETERMINAT ® h®ICe Town Clerk MEETING OF NOVEMBER 21, 2019 ZBA FILE: #7339 NAME OF APPLICANT: Thomas Geise and Paulette Garafalo PROPERTY LOCATION: 2195 Nassau Point Road, Cutchogue,NY 11935 CTM# 1000-104-13-4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 22, 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 November 4, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is EXEMPT from LWRP review. PROPERTY FACTS/DESCRIPTION: The parcel is a non-conforming 36,474 square foot water front parcel located in an R-40 Zoning District. The parcel has 100.02 feet of bulkhead frontage along Hog Neck Bay to the east, 99.54 feet along Nassau Point Road to the west, 371.09 feet on the north side and 361.77 feet on the south side. The parcel is improved with a two-story frame house, pool, accessory garage, and two decks. All is shown on a survey prepared by John T.Metzger,LLS, last revised January 18, 2019. BASIS OF APPLICATION: Request for Variance from Chapter XXIII, Sections 280-124; and the Building Inspector's June 20, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) less than the code required side yard setback of 15 feet; located at 2195 Nassau Point Road(Adj to Hog Neck Bay) Cutchogue,NY SCTM# 1000-104-13-4. RELIEF REQUESTED: The applicant requests a variance to expand the existing kitchen and replace an existing deck with a raised patio that will result in maintaining a pre-existing non-conforming minimum side yard setback of 8.2 feet where code requires a minimum side yard setback of 15 feet. Page 2,November 21,2019 #7339, Geise-Garafalo SCTM No. 1000-104-13-4 ADDITIONAL INFORMATION: The parcel has the benefit of ZBA variance no. 6879 dated October 1, 2015, granting relief for a pool setback 36 feet from the bulkhead and 13 feet from the side yard property line, a deck with a side yard setback of 8.2 feet, and a combined side yard setback of 31.4 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7,2019 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 §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single-family waterfront homes. The applicant proposes to replace an existing deck with a raised patio with the same non-conforming setback. This will not change the character of the neighborhood. The kitchen expansion is modest and is setback further than the relief which is being requested. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing deck has a non-conforming setback that was legalized by the benefit of variance relief. Any demolition and replacement of the deck in the same location will require variance relief. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 46%relief from the code. However,the proposed raised patio will maintain the'applicant's existing non-conforming side yard setback. 4. Town Law &267-1b(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 a raised patio and kitchen expansion 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 plans prepared by Mark Schwartz, Architect labeled S-1, A-1 through A-8, dated June 19, 2019 and the survey prepared by John T. Metzger, LLS, last revised January 18, 2019. 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. Page 3,November 21,2019 #7339, Geise-Garafalo SCTM No. 1000-104-13-4 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are,not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes,Acampora,Planamento and Lehnert. (5-0) Leslie Kanes Weisman, Chairperson Approved for filing G� /o�°� /2019 REVISIONS SITE DATA: SCTM # 1000-104-13-04 DESCRIPTION: TOTAL: LOT COVERAGE: EXCAVATE: FILL: PROPERTY: 37253 SQ.FT. 0.855 acres WETLANDS: 3000 SQ.FT. - BUILDABLE: 34253 SQ.FT. 0.786 acres GROUND DISTURBANCE: 3000 SQ.FT. - lz el EXISTING HOUSE: 1810.2 SQ.FT. 5.3% 30 CU.YD. 10 CU.YD. PROPOSED ADDITION: 86.8 SQ.FT. 0.3% (11\IINC ROARD ( APPEALS EXISTING POOL: 640.0 SQ.FT. 1.9% - EXISTING PORCH-(REMOVE): [24.5 SQ.FT.] 0.2% 12 CU.YD. 5 CU.YD. PROPOSED ENLARGED PORCH 65.0 SQ.FT. 0 EXISTING DECK- N (PROPOSED PATIO): 258.3 SQ.FT. 0.8% 35 CU.YD. 5 CU.YD. 5 EXISTING STOOPS: 59.5 SQ.FT. 0.2% a rn EXISTING GARAGE: 379.4 SQ.FT. 1.1% oho BULKHEAD DECK: 172.0 SQ.FT. 0.5% C) o BILCO: 10 CU.YD. 3 CU.YD. U DRYWELLS 6'X3' 5 CU.YD. 2 CU.YD. .r TOTAL: 3471.2 SQ.FT 10.3% 92 CU.YD. 25 CU.YD. MEETS&BOUNDS BY: PECONIC SURVEYORS SURVEY DATE: MAY 27,2015 H Q H � S 78035'20" W 369.81t s _ o % a V 1 N ap ^ Pi • � N / � H (V Q m 00UTILITY CN O Z ,Q POLE Lr) z �O Q - 1b �4 EXIST. o H C )Ci W '—' EXIST. GARAGE Q N E C K � WALL 18.7' �... z B A Y o�4, ROOF AREA:301 SQ.FT. �..r `S @100%/2"PER HR.:50.3 CU.FT. EX. STONE O w 3 RO ROPERTY) V INSTALL:6'dia,3'deep DRYWELL Y l+. `O �ti sO (CAPACITY:67 CU.FTJ WALL Lu 52'(TO BULKHEAD) Vr r ( 1 A1a X �,,s ` ' - - - + EX. gRICy W .K ��pR W Xv�PY (((/// O W 1. -���.1G �'RA CONSTRUCTION d' Y EXIS G PORCH T EX�S ENTRANCE L O •D' BE RE • O C) I REPLACED WITH M$SONBY 1 Q COVERED P(;,C1'I � ) \J O O I �A 1� EXISTING DECK Ta BE REMOVED % PROPOSED 1 STORY I I // TOP SOIL \i AND REPLACED pUITH SAME SIZE ADDITION I LOCATION 1 EX. STONE z O RAISED MAS?gRY PATIO - O ` _ % CONCRETE WALL z w v 1 I O L _ _ _ _ _N _ \_ _ _ _ _ _ _ _ _ _ _ _ _ 0 _ -Q WASHOUT ( I 4 (D EXISTING BILCO TO BE REMOVED REMOVE EXISTING WALLSEAST >� = O N 78036'20" E O ON GDE ON NORDTHE. DE(AS SHOWN)INSTALL NEWBILCO ADD NANDFEWOFODUNDATTIION, 378.81' /78.81' U) REBUILD WALLS AND ROOF U) Il �lf w Z U II li Is) rn h--1 (V HAY BALE OR SILT FENCING \��� ED ARC U► DRAWN: MH/MS SITE PLAN _ '�`�> I) BY ZBA �� -� SCALE: 1/4"=1'-0" `..I N JOB#: SCALE: 1" = 20'-0' '� �' d # � � - Wednesday,June 19,201 SHEET NUMBER: 0 339 p� ___. �DF N � REVISIONS z ®0��©0 0 Ll O M a K --_— �j yam, oho O oo r' cn -yT n c, ', O F--�1 FRONT ELEVATION0 Q z SCALE: 1/4" = V-0" a ° � aw Q � w H Z � x O w Q Q W O DD O o ° � Z z o (D CL (D � � o Q U U) Z) W z � Ln W °' 1—I N ED ARcU VINti .� � SC'S� � DRAWN: MH/MS „ 3 SCALE: 1/4"=I-0 N JOB#• Wednesday,June 19,201 4 — SHEET NUMBER: EXISTING FRONT ELEVATION FINAL MAP �XX022339 SCALE: 1/4" = V-0" REVIEWED BY �'BA F N E\N 1 DECISION # X33° DATED II Q-1 REVISIONS ow I. r i O j e-+ H (V ti W L P-4 ti P (� �a zt W �G m 0 ,r O THI I I I UJU U Ul L IT H RIGHTELEVATION � Q � z SCALE: 1/4" = V-0" � ° � W C) w Q Q O O Qo � w z � z w o (D 0 U � � o Q U U) (.� z U Li Li IILJIL-Jll � • w rn RE D qRc ~iU- N DRAWN: MH/MS t 7� "1 SCALE: 1/4"=1'-0" * N JOB#: N - Wednesday,June 19,201 AL MAP 1 p22339O�� SHEET NUMBER: EXISTING RIGHT ELEVATION REVIEWED ZBA Of NEA�2� SCALE: 1/4 = V-011 SEE DECISION 33 REVISIONS r�ia1 i tj ='t EAll i 0 � U M U Qi o W _ o x 4 D D 4 7777 A REAR ELEVATION a o SCALE: 1/4" = V-0" a O w Q r� O _ O Q ° � W Z w z o � 0 Q U w Z U Lo D 0) r d N J I N 3 ��� DRAWN: MH/MS 1Z 0 SCALE: 1/4"=1'-0" )3 1 1 JOB#: .P. +Y N Wednesday,June 19,201 N _ } SHEET NUMBER: EXISTING REAR ELEVATION FINAL MAP of X223 �OQ� � 39 NES SCALE: 1/4 = 1 -0 REVIEWED BY ZBA A�3 DATED, /,L. /_2.1L REVISIONS 1.1 Ij 20NING WARD OF APPEALS 0 0 0 r, N ti M M M K v M D � 0 i LEFT ELEVATION • � Q SCALE: 1/4" = V-0" ° o Z � a � OH Z � a O w Q Q W Y O O a } Z w z Q U U) U (� z U Lo rn F-1 N E D gRcti DRAWN: MH/MS —A SCALE: 1/4"=1'-0" - JOB#: Wednesday,June 19,201 = �� SHEET NUMBER: EXISTING LEFT ELEVATION F�Noo :-- IA P �, 00NE SCALE: 1/4 - 1 -0i-NIEWED BY ZBA A�4 o-- # 3 REVISIONS 29'-9" 0NINC t C ,RD O'A'' Ag A)— < lel J _J e- O I I I I p 11 15'-0"10 I I I I o Z L - - - - - J L - - - - - J G ----------------------------0---------------------------a---------------------------- EXISTING DEN CATHEDRAL CEILING EXISTING LIVING / DINING ROOM I I Q I MASONRY RAISED PATIO REPLACE EX.DECK I I / I I w I I z H a Q � O 4 -0„ - - - - - - - - - - - - - - - - - - - - - - p - - - - - - - Foo O - - - - - - - - - - - UP O z I O EXISTING r — — — — — , b BATH I I Q (D CATHEDRAL I I „ I CEILING I I Q F_ L4 3 —6 EXISTING BEQf QQM NEW BILCO 11 O CATHEDRAL —CEILING L - J (VIF) is min 21" SHELVES I I O Ln m Lo in V I I 2X6 CJ 16"OC I l l m N O I� I (3)2X8 HDR (3)2X8 DR r� ------- ----(2)i-3/4X1�I Mow/-3/4"SUPSET�SET BEAM_----- ----_- YN c0 �- - - - - - - - --- - - - - - I � � O L1824 OVL1824 O � O ti vu � � X ♦ p x Zo O 1-3/020 ML(@12"OC I - p I W 4'-6"RADIUS CUT ,N z ♦ ' ----- ' n Z W P7171111 �l CX135-3 O � 2 Q U 12'-8�/2" 8'-81/2" U) U w ZLo U 21'-5" 13'-0" W '(FRED AR � N A ��� BEV I N SC y DRAWN: MH/MS y� SCALE: 1/4"=1'-0" - N _ JOB#: PROPOSED 1ST. FLOOR PLAN FZFAL ��� � � - Wednesday,June 19,201n _ i_ n ' VIEWEDD ,� �'��, 02 33g O� SHEET NUMBER: SCALE. 1/4 = 1 0 SEE DECO� = OF NE�� DATED i _ REVISIONS 70NIMG BOARD Off-AITEAi`�i �AA � a a 0 ------------------------------------------------------------------------------- I I I I I 1 I � � I � � O I I I I I I I I I I I � V1 O l ' EX. BEDROOM EX. BEDROOM EX. BEDROOM H � a � a Q 0 O O O EX. HALL Q Q 0 /\ EX. BEDROOM W EX. BATH 0 EX. OFFICE O Y ODN O Q wW Z Z_ W O � � O � O 2ND. FLOOR PLAN U Q U SCALE: 1/4" = V-0" z 0) � -RE ARcy ►—� nl C. V I N 3C /J J c}, -A DRAWN: MH/MS y li r. N SCALE: 1/4"=11-0" JOB#: rREVIEWED AL MAP N,, -�-� BY ZEBA 9j. 022339 Wednesday,June E 201 F O SHEET NUMBER: DECISION DFN E�ED� I�� �� -61b REVISIONS ri}i ING F.�IA.RD OF APPFAt�� 90 00 H H N I , I I I I ' � -►.ate � � fy pop I I 1 ' w EXISTING ROOF ; `C v m I , 1 EXISTING ROOF I I I H � I I I I I I I 1 1 i , I I i I I 11 I I 1 1 I 1 ' I I I EXISTING ROOF -- ---------------------------------------------- 1 ' ; --- ------------- ------------------------------------------- ------------------------ --------- O -----_ -- -----'----------'-------'----- .-- --------------------- I I I I I �-------- -_� 1 I t I .I , -------------------------------------- - ----------------i i� --________________i 1 , I ,1, 2X$DF#2 RR'@161'OC ; '----------------. ---------------- I EXISTING ROOF W I i , I I I I 1 I I 1 1 i 1 I i t I I 1 1 I I I I 1 , ' EXISTING ROOF l� 1..1. I I i t I I , I 1 1 I , 11 I I I , p 1 1 I i 11 I 1 I O Q O W 1 , I 1 1 I i 11 I i 11 I I I 1 I I I 1 1 1 1 I I I 11 ------------------------------------------------------------ D O O , I � ; w +8 H qk o o �q<< Q -------------------- --------------------------- n 5--------- , 12 cc Ey U --------------------------------iz---------------- -------- _ W w�- 3.5 � 2 2X8 RR Z N K +�- x @16"OC Lo ce N W r BRED � IN 30 DRAWN: MH/MS fti r � SCALE: 1/4"=I'-0" N JOB#: Wednesday,June 19,201, FINAL M A �, °``9 �� SHEET NUMBER: '9j, 2233 p REVIEWED BY ZBA AGF NE`N� SEE DECISION # A�7 DATED ( REVISIONS RE check Software Version 4.6.4 Compliance Certificate �.��)�I� t�A:Lj�'3j�f Project Energy Code: 70115 IECC EXISTING CEILING JOISTS _ a Locaean: Southold,Now York �� Q C—buction Type: single-family Praiect ypc Addition cCanateZanr d ISSIi 2 HDD) ° °O Permit Date- Pe.,A Nanrlher. COnswur inn Site: OwnedAgent: DesigneriCTsntracwn EXISTING CIESE-OARAFALD HOUSE mak Sc6�+wartz Aatect 2195 NASSAU PMTT ROAD P-O-Bax 933 OFFICE EXISTING BEDROOM CtT C11-MUE,NY Cutchogue,NY 119.35 631-734-4185 m6arch" ineseet (3)13/4"X14 EL o ';.: BEAM 12 w/3/4"STEEL r, „,..,� •.- ,.:.:.,. , , �o-:w;;w,�,.,.r sl.,.�'a.syr.t,�:: s`;�v � a;�v�;ury'; a`�:�e�a 4 UPSET B N Carmbaroe:32-216 Better Than Cade .✓D nInTum LPA 41 Yvw UA: 36/ Baar;InNxm'R3G+:` 0.19 YawSF* . 0-31 - - — 3Y al `") M ilea 46 rrLw.:rae.a t6..r_..di z,d'a.ral6r+.6.+d..a aav�6.iooM>N e...s:6..ad me coda b.A*_ff nda,. — ' - — ----- R Does„�,�a,, , ,f„.,,„.«,. ,ft. ,�; .,„.. EXISTING FLOOR SYSTEM @ OC Ci r-al M ~ Envelope Assemblies � �� a � w e-C U oz U LI) UP) CID 0 U U Floor 1_All-Woad JanstfFrusmover Un�canditi D Space 130 0-0 19.0 4.043 6 `L M Wall l_Wood Fraoee 16'os:- 355 4-4 I9A 4.443 14 O U r1 WkBawl.Wood Fneme.DoubleIsanewkhLow-E 36 4.290 10 EXISTING KITCHEN EXISTING LIVING ROOM SHOO:0.31 00 01 CeiCng 1:F�Ceiling ar Scis Tnrsz i34 0.0 21.0 4.044 6 Cnmpfie,ece Statement•The proposed hudding design descn-bed heR is consistent wA the pudding pla ,specaFdeatians•and ether calcuhniL zwbnitted with the perrnit application.The pmposed budding has been designed to rneet the 2015{ECC requirements in RESclaeck Versian 4.6.4 aced to comply with the mandatavy requirements listed in the REScheck Inspection Checldist Name3/4 StJ - nature rote — - - — LOOR EXISTING FLOOR SYSTEM EXISTING FLOOR SYSTEM - - - - - 2X6 F1@16"OC 7Z Z 74 7 7Z Z z 0 0 0j dEXISTING EXISTING EXISTING [—� U i� 8"PC WALL .-, FOUNDATION FOUNDATION FOUNDATION 71, DAMPPROOF 7 I--4 _Z W e. PvDjecCTitfe: Report date. 03118/19 p-I Hata filename:C Wsers%D¢afting Sti3tion'DDcumentsMEScheck'IGErSE- A IAFALo.n:k Pagel of 1 4"SLAB M-•� W — — - — • .. •. a •. a a. a .. e• a. . e ♦. � xy 16"X8"CONC.FTG n A (2)#5 REBAP SECTION A-A z SCALE: 1/4II — 1 I_ II � - 0 O0 z a 3 11/4 �, + O 11/2 11/4 t va W LAV SINK 1�• W.M. D.W. FAL. 3 / I®I :12- 11/4 C.O.I 11/2 � W 4 FASTENER TYPE: SPACING: II ( I I lil�f TO APROVED Nu.8 WOOD-SCREW 4•C.I. SEPTIC SYSTEM BASED ANCHOR WITH 16.00PLUMBING SCHEMATIC TRAP HOUSE Nin.EMBEDMENT LENGTH ` I ;J No,10 ANMOR WITH 1 I ( I` / l 2h EMBEDMENT LENGTH 16•a f I I / \ I Ir I I,(( N.T.S. SLOPE"1/4"PER FOOT PITCH TO DRAIN U4In.dia.LAGSCREW S I ( ( I f ( ( , 11• 3O_ BASED ANCHOR LENITH 16"OC I _ I I - j I - - - O Q 21n.EMBEDMENT LENGTH 1 1 1 1 I I I I I SHEATHING PLYWOOD O ` 1 1 sHFATHING / ]IZ^APA RATED SHEATHING 1 GRADEPLYWOOD 1 I I z (ALTERNATIVrvE:7/16'0.8.BJ ill 11 1/T APA RATED SHEATHING I I I Z W 1 GRADE PLYWOOD ' I ' I I ,, `I I (ALTERNATNM:7116"O.S.B.) �I ( � o FASTENER TYPE: SPACING: III 11 /l . •. 8 W000.SCREW SNDS .. - ---------_ ----------- • ----------- BAS DANCHOR WITH H 10"OC ®I l 1 I 2%4 DF#2 I WINDOW SILL 2I n. �I L� Y" TYPICAL WINDOW OPENING No,lO W000.5CR W5 'I ( n ' I ( I ( •I ' •I I ( (• 1 (n BAS ED ANCHOR WITH 12.OC l PANEL SPAN EQUAL OR SMALLER 21.EMBEDMENT tENGIH / THAN 4 FEET 1NIn.a�n.lAGscREw S ( ` I S ( I I ( I I I ' y W Z U BA D ANCHOR WITH LENGTH 16.OC TYPICAL DOOR OPENING a a W MULTTnE PLYWOOD ASSEMBLIES FASMERTYPE: SPACING: PANEL SPAN GREATER THAN 4 FEET I� N 2-2X4 DFX2 STUDS OONNECTED No,8 WOOD'SCREW AND EQUAL OR SMALLER TOGS IHe"WITH STAINLESS STER BASEDarvc R ~`^�'• O0.GALVINIZED BOLTS W/WASHERS �yI-LH� IR. DP1 C FEI1(3T19 /q THAN 6 FEET AND NUTS a TS W/G D ry D oDDan'iEws TYPICAL MULTIPLE OPENINGS D ryNO�pi'��y('I"J S°" y� In. B211:MlENGiH PANEL SPAN GREATER THAN 6 FEET DRAWN: MH/MS Iq,d.d.LAGS N INSTALL WINDOW(S)PLUMB,LEVEL AND SQUARE INSTALL JAMB FLASHING. INSTALL A DRIP CAP(IF FOLD HOUSEWRAP DOWN AT HEAD;TAPE AND EQUAL OR SMALLER 16^ -9 PER MANUFACTURER'S INSTRUCTIONS;SEALANT APPLICABLE); HEAD FLASHING;AIR SEAL WINDOW AROUND THAN 8 FEET SCALE: 1/4"=1'-0" BEAD AT JAMBS AND HEAD MAY BE OPTIONAL INSTALL HEAD DLASHING ENTIRE PERIMITER ON THE INTERIOR WITH /�� -1 #: BASED ON RISK FACTORS;IF SEALANT IS INSTALLED SEALANT OR NON-EXPANDING FOAM;EXPAND- WIND-BORNE DEBRIS PROTECTION FOR WOOD STRUCTURAL PANEL � - � N JOB IT MUST BE CHEMICALLY COMPATABLE WITH ING FOAM SHOULD NOT FILL THE SILL PAN. AS PER SEC. 1609.1.2,2015 IBC:ALTERNATIVE FOR OPENING PROTECTION(IF NOT USING IMPACT G i Wednesday,June 19,201' HOUSEWRAP AND FLASHING, SHEET NUMBER: WINDBORNE DEBRIS PROTECTION FASTENING SCHEDULE FOR WOOD STRUCTURAL PANELS WOOD STRUCTURAL PANELS WITH A MINIMUM THIC NESS OF 7/16" _�a ` WINDOW WITH H O U S EW RA P DETAIL AND MAXIMUM PANEL SPAN OF 8 FEET SHALL BE HARDWARE EED FOR OPENING ER TO SECTION IN ONE.AND TWO-STORY BUILDINGS.PANELS SHALL B PRECUT TO 022 339 Q- COVER GLAZED OPENINGS WITH ATTACHMENT HARDWARE PROVIDED.(REFER TO SECTION 1609.1.4,1609.6.5 AND TABLE 1609.1.4 OF N.Y.S.RE I �I I�A�� �'� �O CONSTRUCTION CODE).THIS IS NOT A SUBSTITUTION FOR DESIGN-PRESSURE.ALL OPENINGS MUST HAVE DESIGN-PRESSURE UPGRADES WHER ALL PANELS MUST BE CUT TO SIZE AND READY TO USE ON ANY NEW WINDOWS AND DOORS.SHUTTERS MUST BE MARKED FOR WHAT OPENING IS TO COVER. O F N E HARDWARE MUST ACCOMPANY SHUTTERS FOR INSTALLATION. REVIEWED BY ZBA A-8 SEE DECISION #:�L32 DATED l l� SURVEY OF PROPERTY RECEIVED N AT NASSAU POINT TOWN OF SOUTHOL.I) rV�� � SUFFOLK COUNTY, N. Y. ZONING BOARD OF APPEALS 1000-104-13-04 SCALE. 1'= 30' MAY 6, 2015 MAY 27, 2015 (REVISION) JANUARY 18, 2019 STOCKADE FEN. MEETS 1371.09 FE.COR. BULKHEAD N WIRE FEN. 0.5'S N'INCE 0.2'S Ln 00 • AD FENCE N N 4' GATE � 0� 3 STOCKADE FEN. MEETS 51 OCK E �� o+ �¢ W I L WIRE FE t 0.2'S O V �� �? m 0.3 N (� Z (uV 0 r O G O O Ld Z �oQ� 0 m EADF " w p LILT-Y 8.36.2G E FR"RY `�43 53.4' GATE Z MICH N7 Q y 4,y ryc) STcoNc. 3.2' STOOPS CMF GRA VEL 4' GATEFRg�STo 36.1' W WLE yO y US Oa Z YTO 1.0 t a 343 3 18:s' O GARAGE,., gTONE m WGR;k ` WALL �' ONE pp-,"O STONE WAU- O CrOR. / O N � w BLK � s u/G—� Q o.i'N L 25 = `L c WA LE -{ L� PROPANE CONC. ac RESAWWG 1.0�'* uO 1 TANK N STONE WALL 7 WALL `® to w 4' GATE � CLF 361 a m Iz FE< CHAIN LINK S i f� FE COR. 0.6 1 FENCE i 0.1'S � e e y � DRAIN 1 i � e to e -P '—UTILPOLITYE92 % — - ' 78.36 0�W b y o N10/F .,HGEBER _-. CHRISTINE A RATHGEBER LOT 5 � oF �E� ETH cot°� .��° - KENN 10\1 4TILITY POLE AREA= 3e,474 SO. FT. LOT NUMBERS ARE REFERENCED TO , L1C. NO. 49618 "MAP PROPOSED SUBDIVISION OF SEC77ON A' O = PIPE ANY ALTERATION OR ADD177ON TO THIS--SURVEY IS A VIOLA77ONPECONIC�S RbRS, P.C. NASSAU POINT CLUB PROPER7IES,INC. • = U77LITY POLE OF SEC77ON 7209CF 7HE NEW YORK STATE EDUCA77ON LAW. (631) 765-5020 FAX (631) 765-1797 OFFICE OF 7HE CLERK OF 7HE COUNTY OF SUFFOLK m = MONUMENT EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER77FICA77ONS P.0 BOX 909 on 8/16/22 AS MAP NO. 156 ; HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET q�_1�O WHOSE SIGNA7URE,APPEARS HEREON. SOU MOLD, N.Y. 11971 31 0pj&1-0 ir,Lie OFFICE LOCATION: o��OF SO(/��®lo MAILING ADDRESS: 1—bow Town Hall Annex P.O. Box 1179 �11__,,II pp 54375 State Route 25 Southold, NY 11971 f�''(cor.Main Rd. &Youngs Ave.) G Q Telephone: 631765-1938 VQ; l�f`l�lq Southold,NY 11971 '`c�lyC Ngo Fax: 631765-3136 i ®UNTO, LOCAL WATERFRONT REVITALIZATION PROG RECEIVED TOWN OF SOUTHOLD "'? MEMORANDUM NOV 0 4 2019 Zoning Board Of Appeals To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date November 4,2019 Re: LWRP Coastal Consistency Review for ZBA File Ref THOMAS GEISE AND PAULETTEGARAFALO #7339 SCTM No. 1000-104-13-4. THOMAS GEISE AND PAULETTE GARAFALO#7339-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 20,2019,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1) less than the code required side yard setback of 15 feet; located at: 2195 Nassau Point Road, (Adj.to Hog Neck Bay)Cutchogue,NY. SCTM No. 1000-104-13-4. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CERA. 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� . COUNTS' OF SUFFOLK � JUL 2 6 2019 7- (O - C-.4,A, � ZONING BOARD OF APPEA0 C 0 �t� OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning July 22, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Pacella, Daniel & Catherine #7333 Cimino, Cona #7338 Giese(Thomas) & Giarafolo (Paulette) #7339 Peck(Tracy) & Corbett(David) #7340 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG 2 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD TUN 51 � 70yg BUILDING DEPARTMENT SOUTHOLD,N.Y. PpNING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: June 20, 2019 TO: Patricia Moore (Geise) 51020 Main Road Southold,NY 11971 Please take notice that your application dated June 12, 2019: For permit to construct additions and alterations to an existing single-family dwelling at: Location of property: 2195 Nassau Point Road, Cutcho ug_e,NY County Tax Map No. 1000—Section 104 Block 13 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction to this existing single-family dwelling, on a non-conforming 37,253 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring 20,000-39,999 square feet in total size require a minimum side yard setback of 15 feet. The construction has a minimum side yard setback of 8.2 feet. Authorized Si at 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. f, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. RFCETVED ff,ce Notes: gq w 66y p , qn ZONING BOARD OF APPEALS House No. 2195—Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 104 Block 13 Lot(s) 4 Lot Size 37,258 Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED & o" 19 BASED?NrMA�P RATED Applicant(s)/Owner(s): TJ)homas Giese&Paulette Garafalo Mailing Address: P.O.Box 509,Cutchogue NY 11935-0509 Telephone: 347-545-0714 Fax#: c/o 631-765-4643 Email: pcmooreAmooreattys.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: Patricia C.Moore Esq. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: pcmooreAmooreattys.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑Other Name/Address below: i WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ;-- and DENIED AN APPLICATION DATED FOR: ,,Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV Section 280-17 Subsection A Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map.Side yard ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal N//as; 'has not been made at any time with respect to this property,UNDER Appeal No.6879Year 10-1-15. (Please be sure to research before completing this question or call our office for assistance.) 1' J Name of Owner: Geise& Garafalo ZBA File# RSECFIVED REASONS FOR APPEAL(additional sheets may be used with preparer's(additional sheets may be used preparer's signat�N 2 8 "'019 AREA VARIANCE REASONS. ZONING BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing first floor is proposed to be extended by 4' to enable the existing kitchen to be expanded and an existing attached storage space will be removed and %bath replaces the same square footage which is removed. The existing house is set on an angle and the lot is long (@370') but narrow (99.99') requiring variances for the north side of the property. The applicant has been issued a building permit for additions and alterations to the house which do not require a variance, however, the alterations to the northerly corner of the house will need a small variance for the existing kitchen renovation. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: The existing deck of the house is set back at 8.2' from the property line. The proposed 4' addition of the kitchen will reduce the side yard setback. Nevertheless,the existing deck is closer to the side yard and the house is more conforming than the existing deck. The addition will place the house at 10' from the property line. The lot is narrow (less than 100')and a 10'setback leaves adequate room for access around the existing house. In addition, the side yard setback on the south side of the property is over 23'. (3) The amount of relief requested is not substantial because: The proposed setback of the northerly property line is 101. The existing setback of the deck is 8.2'. The proposed variance is less than the existing side yard setback of the deck. The house is at an angle and the kitchen expansion is 10' at it's closest point. The setback increases along the house as measures from the property line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance is on the landward side of the existing house.There are no environmental impacts associated with this variance request. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The applicant is removing an existing storage room in order to make room for the kitchen expansion. Are there Covenants and Restrictions concerning this land: E No. ❑Yes((leasefurnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box( ) IF A USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE RECEVEO ATTACHED USE VARIANCE SHEET. (Please be sur Xof r attorney.) JUN Z- 8 '/019 0�1RD OF APPEALS llant or Authorize gen (Agent must,submit written Authorization from Owner) Sworn to before me this d of 0 ovary Publ' BETSY A.PERKINS Notary Public, State of New York No.01 PE6130636 Qualified in Suffolk CounJt, Commission Expires July 18, RECEIVED APPLICANT'S PROJECT DESCRIPTION JUN -)019 APPLICANT: I'V)O OL,% 6(es e ': & 6mrQWo DATE PREPA wi 1.For Demolition of Existing Building Areas Please describe areas being removed: on t' P0rC_),1 N -pct st,wng, we -:5 Cw' d ors orl5 u H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: P' 6"x k 13 Fi rst:R cor 9"X V-7 r; W x I 3 Dimensions of new second floor: PLA Dimensions of floor above second level: fV 14 Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: k/4 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: a 5 l vy J'lo V5-e- +nil{, Number of Floors and Changes WITH Alterations: r-cAA-4u cD Mcrsoyi ni r ip IV.Calculations of building areas and lot coverage(fro— surveyor): Existing square footage of buildings on your property: ► 3 �� Proposed increase of building coverage: L4 Or PtwcF4 ka,ia nep(at is &ekr- Square footage of your lot: 370� Percentage of coverage of your lot by building area: 10- 32 V.Purpose of New Construction: l b fzSW , cd&44-m Fr cWCA 'ir(ya Dp-y-ck l'1•et,� ` ('GQ.(.a-eca ►�I GAS 611 ri-�I hrA lZ�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): a+ r�j4 a c•e-At- +0 H Cas, fy v Glc. sa&j Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE -7 53"I FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? JUN 2 8 'ri9q Yes _X No BONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? _WNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? f3ctalaytarl 2.) Are those areas shown on the survey submitted with this application? ye S 3.) Is the property bulk headed between the wetlands area and the upland building area? �es 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? Q A Please confirm status of your inquiry or application with the Trustees: &D — a J and if issued, please attach copies of permit with conditions and apps Ned survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Oro E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? W 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? es If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: A,1¢r.,-o-hg-v S -�o .P-4,&kiVtq 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? 40 If yes,please label the proximity of your lands on your survey. n I. Please list present use or operations conducted at this parcel 4g u se. •t 'Poo1 , G�cvti-c1V and the proposed use f Do I . oymrac�c - (ex: existing single family,proposed: same with garage,pool or other) Au zed signature and Date l RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS J U N 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: :1061as 61p4w,— CvAj 2. Address of Applicant: F 6 6&K 50-t CtK;- ,-,h G S .L MI f(q:5J 4 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: s tea; s tstm 6. Location of Property: (road and Tax ma number) 02(cl S -c �Q 10(30 •- 1 6 )3- Ll 7. Is the parcel within 500 feet of a farm operation? { } Yes { o 8. Is this parcel actively farmed? { } Yes 141 o 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 s page if there are additional property owners) Signa pplicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B RECEIVED Short Environmental Assessment Form JUN 2 8 2019 Instructions for Completing ZONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: 0 vv(s 6-1 es e -k RG,,,- Project Location(describe,and attach a location map): oZ t 9S NaSea—'-u,t F®iQcoc\ ► Cb- 6TAk Brief Description of Proposed Action: v�,�.�� Name of Applicant/or Sponsor: n . Telephone: YVIa S lie * �C k -i 0. E-Mail: Address: .;21 1S"— City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? V111If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: T6 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? O acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 5 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial V'Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 ` RECEIVO 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? J u N 2 8 2619 nj b.Consistent with the adopted comprehensive plan? 2,bMl f-BOARD 05 APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? �In c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �f7 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Y 11.Will the proposed action connect to existing wastewater utilities? NO YES L / If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id 96tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: TTB horeline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year floodplain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, / V/ a.Will storm water discharges flow to adjacent properties? Q NO ❑YES b.Will storm water discharges be directed to established conveyance systems(rungff and storm drains)? If Yes,briefly describe: GYNO ❑YES Page 2 of 4 1 18.Does the proposed action include construction or other activities that result in the im ounument of r NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? � v � j If Yes,explain purpose and size: !� J �UT 19.Has the site of the proposed action or an adjoining property been the 1' -o an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 1 Applicant/sponsor name--- G%T I U c. C Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 r - RECEIVED No,or Moderate small to large JUN 2619 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 ��eElvl=1� APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ZONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: GIESE,THOMAS,GARFALO,PAULETTE,AND MOORE,PATRICIA (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 or company name.) NATURE OF APPLICATION.(Check all that apply.) Tax Grievance Variance _X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally,(or through your company, spouse, sibling,parent, or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of(or employment by)a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold. Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this day of Signature: Nomas Giese C� Paulette Garafalo Patricia C.Moore PECEIVED 'JUN 33q Town of Southold LWRP CONSISTENCY ASSESSMENT FORM��NtNo BOARD o�APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies,shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered"yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law.Thus,the action should be analyzed in more detail and,if necessary,modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions.If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-104-13-4 AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ Zoning Board of Appeals X- 1 Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: ❑ Type: Town of Southold LWRP Consistency Assessment Form 1 .l 'JUN 2 8 `019 ZONING BOARD OF APPEA Nature and extent of action: proposed kitchen expansion along front & side of existing house. Setback to property line 10'. Location of action: 2195 Nassau Point Road, Cutchogue Site acreage: 37,258 sf Present land use: pre-existing dwelling and pool Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Thomas Giese and Paulette Garafalo (b)Mailing address: 2195 Nassau Point Road, Cutchogue (c) Telephone number: (c/o Pat ) 631-765-4330 (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): proposed renovation and addition to existing house will result in a side yard setback of 10'. Existing deck is set back at 8.21, therefore, proposed addition is less than established setback to side. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section V-Policies Pages 3 through 6 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): preexisting dwelling with pool, proposed kitchen addition to existing house. Town of Southold LWRP Consistency Assessment Form 2 RFCEIVEr) IIECEIVED Policy 3. Enhance visual quality and protect scenic resources throughout oto R AWEALS Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluatiz*Nrla Yes ❑ No ❑ Not Applicable X Discussion (if appropriate)Property is flat and grade to shore is even (no banks or bluffs NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III=Policies Pages 8 through 16 for evaluation criteria Yes No ❑ Not Applicable X Discussion (if appropriate): No affect to flooding or erosion to existing dwelling_ renovation and addition is on the landward side of the existing house. Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Town of Southold LWRP Consistency Assessment Form 3 r-" ,\yADRECEIVED Ij U N1 2. 9 3j ZONING BOARD OF APPEALS Discussion (if appropriate): PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 RE-CE1VFD Board of Zoning Appeals Application JUN 9 8- 2019 73 AUTHORIZATION TONING BOARD OF APPEALS (Where the applicant is not the owner) We, Thomas Giese and Paulette Garafalo residing at 165 E 72ND Street,New York NY 10021 do hereby authorize my attorney, Patricia C. Moore,to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals /homas Giese Paulette Garafalo } • �. FORM N0: 4 RECEIVED Q TOWN OF SOUTHOLD ,SUN 2 8 2019 9 7 BUILDING DEPART1vEN�®NYNG BOARD OF gppB TOWN CLERK'S OFFIC e® SOUTHOLD, N. Y. JUL 6 2015 ZONING BOARD Of APPEALS CERTIFICATE: OF OCCUPANCY No.2.2646.. ... Date ..........j4nMVjVy.3l........, 19.6,7. Am T ~ HIS CERTIFIES that the building located at. .NassaV.Soin .goad....... Street a'0jJ��gg�o ubm � ops V %0111Pftt..M .....Lot No. ....-4........Cutthvgue..... ..... conforms' substantially to the Application for Building Permit heretofore filed in this office dated ........april.7........, 1*6.. pursuant to which Building Permit Noaoa y,. . , dated .......Apxll.,8....•••., 19.r763 was issued,.and conforms to all of the require. ments -of the applicable provisions of the law. TIie occupancy for which this certificate is issued is ...additioxx.to,.one.family.dwelling.••......... .... ...... ............. The certificate is issued to ..RiCha3:d9.%T.- 2uvj;q,7Gai6•••••••••••••••••••• . ......... (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of health Approval ............. ..... ........ .. .... ......... LW.aG.f ... d Z: ....... ,✓ Building Inct� 1 FORM NO. 4 TOWN OP SOUTHOLD RECEIVED BUILDING DEPARTMENT Town Clerk's,Office JUN 2' 8 X019 Southold, N. Y. 20NIMG BOARD OF APPEAL Certificate Of Occupancy No. .2599.5. . . . . -Date . . . . . . . . . . . .July. . 1 _ 19 74. THIS CERTIFIES that the building located at Idassau Point Road , , • Street Map NoNas_s. Pt.• .P314113ck No. . . . . . . . . . .Lot No. 4.. . . putchog1 e'. . .I1ry... . . . . . . . . . e it merit' f o e _fam 1y_direll.in . h`ousi_nv�. code conforms,substantially'to the b �fi�f8� fi�'ciIfie��otleiil'' a i �X btuidlt P pursuant to which BU dt 3 jXNoZC�� Sncy da e . befQxe .A �-_.l'1:23. . 19. 57. dated . ._. :. . . July, ... . .10. . . ., 1071: ., 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 . #'T.tWte .411e. .damily,_dtaelling. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to Richard. & ..Agnes.l;e,xggraf. . . . . Pxners. . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval • , pre-existing UNDERWRITERS CERTIFICATE No. pre.-_exi.atixig . . . . . . . . . . . . . . . . . . . . . . . . . . . .. HOUSE NUMBER . .219'.5 . . . . . . . Street . . . . .�PL•.s.s'ti „1?omit • 3oa4• . „ • • • „ • , , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector FOBS NO. b Q ( qRECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JUN i, 8 ?019 Town Clerk's Office RECE M Southold, N. Y. 20NING BOARD OF APPEALS JUL 8 2015 ZONING BOARD OF APPEALS Certificate Of Occupancy No.Z9945.. . . .. . Date . . . . . . . .. .. .Oct . .. 6 .. . . . . ., 19. 77, THIS CERTIFIES that.the building located At . . Na s s au,Po int,Rd ..., .. . Street Map No.Nass. ,Pt . . Block No. . . . . . . . .. :Lot No. . : . .Cutcho Sue, .N.Y.,. . .. .. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . .. ... . . . . Aug. . .9. . ., 19.77. pursuant to which Building Permit No. . .9392Z• dated . .. . . . . . . . . .Aug . .9. .. ., 19.77., was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which this certificate is issued is . .Private ,one, family, ,dwelling. rtith_ (deck) ,addition ... ,,., ,, ,, The certificate is issued to . Joanne.Neal ,, , ,. , Uvmer (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . ..N.R. . .. .. .. . ... .. .. . . .. . . .. . .. . . UNDERWRITERS CERTIFICATE No.N.R.. . . . . . . . . . . . . . . . . . .. .. .... .... .... ...... HOUSE NUMBER . . . ..2195. ... Street . .VA-14MA OM -499A. .. 94�4h-0 ..... .. . . .. ...... . . . . . . .... .. .. . . . .. . . .. . . . .. . . . . .. .... .. .... ... .. .. .... ..... . ........ A) . . . . . .. . Building Inspector FORM NO,4 TOWN OF SOUTHOLI) RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUN , Z019 Town Hall Southold, N.Y. BONING BOARD OF APPEALS Certificate Of Occupancy No. . Z11916 . . . . . . . . Date . . . . . . . .September..�3 119 1983. THIS CERTIFIES that the building- . Additi.Qll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property .2'195 Nassau. P.Qint. Rd. . . . . . . . . . .Cutnhogue . . . . . . . . . House No. Street Air;et 3 4 County Tax Map No. 1000 Section . . ..1 . . . . . . .Block . . . .04 .i. . . . . . . . . .Lot . . . . . . . . . . . . . . . . . ' Nassau pt.. club 5 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. .1. . . . . . .Lot No. . . . .. . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated Septembers 13 , 19 83 pursuant to which Building Permit No. 1.�5932 . .. . . . . . . . . . . . dated . , , . September 13 19 83 ,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. . . . . . . . . Enclose existing porch with heat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The,certificate is issued to JOANNE NEAI, (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . N�A . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . N/A Building`Inspector Rev.1/e1 � -� FORM No. 4 RECEIVED TOWN OF SOUTHOLD 'JUN 2 8 i019 BUILDING DEPARTMENT Office of the Building Inspector 064- Town Hall 2W PEAK Southold, N.Y. RECENO UPDATED JUL 2015 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEp.IS No 85995 Date MAY 21, 1997 THIS CERTIFIES that the building__RNR PAMILY 94ELLING Location of Property, 2195 NASSAU POINT ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 104 Block 13 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to all the requirements for one family dwelling and housing code built before April 23, 1957, pursuant to which certificate of occupancy No. 5995 dated July 10, 1974, as 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 DWSL.LING WITH DETACHED Two CAR GARAGE The certificate is issued to RICHARD AND AGNES BBRGGRAP (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVALPre-existing UNDERWRITERS CERTIFICATE NO.Pre-existing PLUMBERS CERTIFICATION DATEDPre-existing Building Inspe or Rev. 1/81 ��oS�11FFO1�co Town of Southold a, P.O.Box 1179 o53095 Main Rd x , Southold,New York 11971 Rp�F pPPEAo . � , -ZONING 30A CERTIFICATE OF OCCUPANCY No: 40241 Date: 3/4/2019 THIS CERTIFIES that the building IN GROUND POOL Location of Property.: 2195 Nassau Point Rd.,Cutchogue SCTM#: 473889 Sec/Block/Lot: 104.-134 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this,office dated 2/1/2016 pursuant to which Building Permit No. 43252 dated 11/28/2018 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 in ground swimming,pool with fence,to code as applied for per.ZBA#6879..dated 10/1/2015. The certificate is issued to Giese,Thomas&Garafalo,Paulette of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 43252 2/13/2018 PLUMBERS CERTIFICATION DATED 9 Signature i co, Town of Southold3/12/2019 o P.O.Boa 1179 RECEIVED 53095 Main Rd ©yQj �oo�r Southold,New York 1-1971 JUN BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: 40256 Date: 3/12/2019 THIS CERTIFIES that the building DECK Location.of Property: 2195 Nassau Point Rd,Cutchogue SCTM#: 473889 Sec/Block/Lot: 104,13-4 Subdivision: Filed,Map No. Lot No. conforms substantially to the Application for Building Permit heretofore fled in this office dated 11/28/2018 pursuant to;which Building Permit No. 43255 dated 11/29/2018 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: "AS BUILT"DECK ADDMON TO AN EXISTING-ONE FAMILY DWELLING PER ZBA DECISION 6879 DATED'1'0-01-2015.AS APPLIED F6R The certificate is issued to Giese;Thomas&Garafalo,Paulette of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Signatuie DECEIVED BOARD MEMBERSpF SOLI Southold Town Hall Leslie Kanes Weisman,Chairperson O�� yQ 'j U309,4jain Road•P.O.Box 1179 AL�O Southold,NY 11971-0959 Eric Dantes Gerard P.Goehringer ING Town�Annex/F Floor Capital One Bank George Homing �Q 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�CQ( y,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS W IU.ED TOWN OF SOUTHOLD �- tw I a •as Tel.(631)765-1809•Fax(631)765-9064 OCT 6 2015 FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Cleric MEETING OF OCTOBER 1,2015 ZBA FILE:6879 NAME OF APPLICANT:Thomas Giese and Paulette Garafalo SCTM#1000-104-13-4 PROPERTY LOCATION:2195 Nassau Point Road(adj.to Hog Neck Bay),Cutchogue,NY 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 1414 to 23, and the Suffolk County Department of Planning issued its reply dated July 31,2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 20,2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us,it is our recommendation that the proposed action is INCONSISTENT with LNW policy standards and therefore is INCONSISTENT with the LWRP. However based on the conditions imposed herein and mitigation measures,the Zoning Board finds the proposed action CONSISTENT. PROPERTY FACTS/DESCRIPTION: Subject Parcel is a non-conforming 37,258 sq. R lot located in the R40 zone. Property is improved with a two story frame home with an accessory garage in the front yard area. It has 99.54 feet of frontage on Nassau Point Road,378.81 feet along the northern property line,99.99 feet on Hog Neck bay and 369.81 feet along the southern property line as shown on the survey dated May 6,2015, last revised Sept. 9,2015 prepared by John T.Metzger,LLS. BASIS OF APPLICATION: Request for Variances from Article XXII Section 280-116B,Article III Section 280- 15 and Article XXIII Section 280-124 and the Building Inspector's June 24,2015 amended July 23,2015 Notice of Disapproval based on an application for building permit to construct an accessory in-ground swimming pool and for"as built" deck addition to an existing single family dwelling, at; 1) "as built" deck addition at less than the code required minimum side yard setback of 15 feet, 2) "as built" deck addition at less than the code required minimum total side yard setbacks of 35 feet, 3) "as built" deck addition and proposed accessory in-ground swimming pool at less than the code required bulkhead setback of 75 feet, 4) proposed accessory in-ground swimming pool located in other than the code required rear yard or front yard for waterfront property. RELIEF REQUESTED: Applicant is requesting relief to construct an accessory in-ground swimming pool located partially in the side yard where code requires a rear yard location,or front yard on water front properties and a Page 2 of 3—October 1,2015 ZBA#6979—Oiese/Qarafalo t�1=CEIVED SCTM#1000-104-134 JUN, 2 s '1019 bulkhead setback of 33 feet where the code requires 75 feet.Additionally,the `as built' deck addition is located at 8.2 feet from the side.yard with a total combined side yard of 31.4 feet where the c2 ftFA% #%JA NAARR#�m and 35 feet total combined side yard, the `as built' deck is located 52 feet from the bulkhead where the code requires 75 feet. AMENDED APPLICATION: During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant, on September 18, 2015, submitted a survey showing the proposed pool reduced in size to 16'X32',which increased the side yard setback to 13 feet and increased the bulkhead setback to 36 feet and creating a proposed 5 foot non-turf buffer along the entire Iength of the bulkhead,thereby bringing the request into more conformity with the code and the LWRP. ADDITIONAL INFORMATION:At the hearing the board reviewed the possibility of placing the pool in the front yard.This of course would still place a portion of the pool in the side yard. Since the existing stone patio would be compromised by this change, the Board felt that reducing the size of the pool to 16 by 32 feet would be a better option. FINDINGS_OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 3,2015 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variances as amended for the in-ground swimming pool it will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's agent submitted several variances in the neighborhood similar to this request.The in-ground swimming pool will not be visible from the street and the 'as built' deck addition has existed since 1977 with a CO; although it was built larger than permitted during reconstruction. 2. Town Law 4267-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. Although the applicant could locate the proposed in- ground swimming pool in a conforming front yard,it would,still have to be partially in a non-conforming side yard and it would be out of character with the neighborhood. The`as built' deck provides access to the home and is not visible from the street or the adjoining neighbor. 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial,representing 100% relief from the code for the in-ground swimming pool location and-52% relief for the bulkhead setback. However the relief as amended mitigates the substantiality.The variances for the`as built' deck addition are mathematically substantial, representing 45% for the side yard setback and 31% for the bulkhead setback. However, the as built deck has existed in its current non-conforming location without adverse impact since 1977. 4. Town Law 5267-b(31(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 and provide a 5 foot non- turf buffer. S. Town Law 4267-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 4267-b. Grant of the relief as amended for the in-ground swimming pool and grant of the relief as applied for,for the `as built' deck addition, is the minimum action necessary and adequate to enable the applicant a RECD' Page 3 of 3—October 1,2015 j L t` J sF r ZBA96879—Giese/Garafalo SCIMN1000-I04-13-4 2®NI.NG BOARD OF APPEAL to enjoy the benefit of an in-ground swimming pool and `as built' deck addition while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B,motion was offered by Member Goehringer,seconded by Member Horning, and duly carried,to DENY,the variances as applied for regarding the in-ground swimming pool,and GRANT the variance relief AS AMENDED. GRANT, the variances for the `as built' deck addition as applied for, all as shown on the survey dated May 6, 2015,last revised Sept.9,2015 prepared by John T.Metzger,LLS,subject to the following conditions; CONDITIONS: 1.The in-ground swimming shall be no larger than 16'X32'with a minimum side yard setback of 13 feet. 2. Applicant shall install and continuously maintain a five (5) foot non-turf buffer along the entire length of the bulkhead. 3.Pool mechanicals shall be placed in a sound deadening enclosure. 4.Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board ofAppeals. Any deviation from the varlance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis to nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3)consecutive one(1)year terms. Vote of the Board.- Ayes: Members Weisman (Chairperson), Horning, Dantes, Goehringer, Schneider. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing I® /S—/2015 RECEIVE(' ZONING BOARD OF APPEALS r Ile US A b s 1 r .4J ` T Tyvek k Tyvek Ty�vek TyV* tl w ,w ow dam' i w GIESE/GAROFALO 2195 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-104-13-4 RECEIVEn ZONING BOARD OF APPEALS i r� r[���,, ` t VA !! Mr I rJ� � r Al ��f� r . 'v F.t�r •. GIESE/GAROFALO 2195 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-104-13-4 RECEIVFf' 3�1 ZONING BOARD OF APPEALS IF �_. Mac frlrtty- in tl(n thn !n rtn• in the nr us USA use USA Tyvek T*,Fe,k Tyv( mf•tMrtii Honiri Arms H44neINrl HOrn o Wr lb s GIESE/GAROFALO 2195 NASSAU POINT ROAD, CUTCHOGUE SCTM: 1000-104-13-4 C--ARD• CAk® - j•OWNER STREET 2! VILLAGE DISTRfCT SUB. LOT iv" -y f�.; o►Y1G�5 �� C�i�.SL � i• f c a.l ±E•��'-��c-�r•� •FORMER OWNER ' N E `� ACREAGE ct( UeS�erzp ,nom SW �, TYPE OF BUILDING y� - f RES• ��' 2t SEAS. VL FARM comm. I IND. I CB. I MISC. ...•----�•=`"--`� LAND IMP. 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THOMAS-P-G1ESE QR, �rV y =3'I Q9 -- I PAULMARAFALO.� '.:`: •.,'.. CU MHOGUE,NY;118 5:0509. • 4 '`•+- '"� < - - at:r:✓.•.•?.a-yRa^.:....fer..uYn 6'.<.fe:Crus:t&.`.�Wa.•-�wW-:d..�i Pay=to theme`"-- J .� �'�' f' • ��"....�;....�_ ,.,... ,2-,.,�,:K,,,.... ..�<,:.<::.:,�„ I ; ! Older of �Ow / =�Oc7>` J W^+'�. 'h-•.v,Acts-Yl•s�4^.t-.'X'KrFs^'.-'+a✓.-?o.-r..<.Yw+. I �:=.�(•.- _. F .`v— '�w+i/Y n1�h. .�..t ?t^..,.-..N: .ihot0.^4Ls Bankof America iA&R/rom000322 >1, _ .` .w ,•s.,cnax<., -„4,,, //�/y�' ,• .s:x .�,...- .�.•.•:�:.:;.�=,r..�,as^»✓...x::m-vac.;. For. wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/10/19 Receipt#: 257618 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7339 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#3109 $500.00 Giese, Thomas & Paulette Garafolo Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Giese, Thomas & Paulette Garafolo 2195 Nassau Pt Rd Po Box 509 Cutchqoue, NY 11935 Clerk ID: JENNIFER Internal ID 7339 vat FF ELIZABETH A. NEVILLE,MMC 0� c® 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 ,j, ® ®�. 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: July 10, 2019 RE: Zoning Appeal No. 7339 Transmitted herewith is Zoning Appeals No. 7339 for Thomas Giese & Paulette Garafolo: 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 __VNotice(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- Copy of Deed(s)- Building Permit(s) ,/ Property Record Card(s) Survey/Site Plan Maps- ::�ZDrawings Misc. Building Dept.Torms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- 9 � � T Bk¢ i am�.rmroewm.mtxwm� tmutmcxrnwtwtamoy t t _ ..................._...... .... .. ... .................. ........................ . ...... ...... ��� __ 6 1 ..FI LYImi/.aaKAm _ __ 1Y/JdJ2SL�-_ S \ m N • ,p \ m O m.vow.arw.�tsmtw. mmwa wm PROPOSED 1ST. FLOOR PLAN scmx::1/8.=1. GIESE-GARAFALO HOUSE 03/11/2019 Q®- I ZONING BOARD OF APPEALS 7339TOWN bF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT GEISE OF MAILINGS Appeal # 733q SCTM Parcel #1000-104-13-4 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 21St day of October, 2019, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current 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. (Signa e) Sworn to before me this a� 7!;!(N:��ota ©c-7, , 2019 ry Public MARGARET C RUTKOWSKI NOTARY PUBLIC,STATE OF NEW YORK Registration No.01RU4982528 Qualified in Suffolk County a 3 My Commission Expires June 3, 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. Thank you. RECEIVED Q T 312019oard of Appeals i ev CERTIFIED MAIL@ ■ ■ j ■CETIFIE, AIL D ■ ■T. !I m Domestic Only ! lti Domestic Mail Only I.rl I r`- D. r l For delivery information,visit our welisite at www.usps.corrill. Certified Mail Fee r t k L U rr ,� Certified Mail Fee -1 $ Er $ Extra Services&Fees(checkbox,addfaeasappropdate) Extra Services&Fees(ch eckbox,add apwr 1 ❑Return Receipt(hardcopy) $ ❑Return Recelpt(hardcopy) $t] ❑Ratum Receipt(electronic) $ Post�krl t ark C ❑Return Receipt(electronic) $Q ❑Cerhfled Mall Restricted Delivery $ 3 Here�4�\ � ❑Certified Mall Restricted Delivery $C3 ❑Adult Signature Required $ a ` C3 ❑Adult Signature Required $❑Adult Signature Restricted Delivery$ b� � ❑Adult Signature Restricted Delivery$ „d Dom” Postage--- - — ---- -1O Postage g -•.d Tot Er E3To } $ KORI REALITY LLC �`�LL ;4� $cc RATHGEBER K A IRR PIRA' l� � se 400 POST AVEIf co Y' RATHGE�C M IRRV QPRT WESTBURY,NY 11590 i Q �' o si 111 CHERRY VALLEY AVE#5071--------------- tri• --------- ' GARDEN CITY,IN '1530 ............... I —__ :le 1 11 111.1•---_— \ _ __ '1 � � , :11 1 11 111•1 Postal CERTIFIED MAILP RECEIPT 'CERTIFIED MAIL@ RECEIPT 1 !• / 1-1 Dome Er stic Mail Only r=1 " 1 . , ` [ti L y r- � AL U8 .�... '., - j � 711Recel � 1 � � �� � � L U SF.r q CertifiedMad Fee Mail FeeEr s Er Extra Services&Fees(checkbox,add fee as approp e) �j�+�1 1 �' ices&Fees check❑Return Receipt(hardcopy) $ ( boxaddfeeaseppropdate)pt(hardcopy) $ ! rl Return Racal $ Postmark 1� ❑ReturnReceipt(eteaVonic) $ Ostmark U ❑Certdled Mail Restricted Delivery $ O Here � ❑Certified Mall Restricted Delivery $ Here - r3 ❑AdultSignature Requlred 6107 9 z +� I C3 ❑AdultSignatureRequired $ P 60j 0 ❑Adult Signature RestrictedDelrve $ l 6 B I ❑Adult Signature Restricted Delivery$ Postage ,C3 Postage D- $ --- -- - — - d- 'v rO Tof �f� b j 0 11:0 �, MICHAEL LILLY - f t"' MAGUIRE C A FAM TRT � y `o ' PO BOX 1027 i rq 5813 MEADOWOOD RD -=------------ i I '-q :------- -_-- ! CUTCHOGUE N BALTIMORE MD 21212 -------_---- N NY 11935 _ SECTIONSENDER: COMPLETE THIS A. Sign turn F ■ Complete items,1,2,and 3. ❑Agent ! A Print your name and address on the reverse X ❑Addressee I so that we can return the card to you. B. Received �) C. ate of Delivery V f ■ Attach this card to the back of the mailpiece, IQ t j or on the front"if space permits. 1 } D.16.delivery_address different from item 17 ❑Yes r If YES,enter delivery,address below: ❑No j I -RATHGEBER K A IRRV QPRT I I RATHGEBER C M IRRV QPRT 111 CHERRY VALLEY AVE#507 1 'I GARDEN CITY.=;Mi 11530 3. Servlce Type ❑Priority Mail Express® II I IIIIII IIII III I II I IIII 1111111111111111111 IIIIIIIIIIIIIIIIII III 0 Adult Signature 0 [I Adult Signature Restricted Delivery 13Reeggistefed Mail Restricted ❑Certified Mall® Delivery I 9590 9402 3554 7305 7831 21 [3Certified Mall Restricted Delivery [3Return Rwdptfor { ❑Collect on Delivery Merchandise nTM Collect an Delivery Rected Delivery ❑Signature Confirmatio [3str) I 2. Article Number(Transfer from service labev El insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery :(over$500) Domestic Return Receipt 1 PS For171'3811;_;l'uly`2015,PSN 7530-02-000-9053` ------------- •I W. • • • • DELIVERY 1 ■ Complete•items 1,2,and 3. A. 777:7z:iddtessee ■ Print your name and address on the reverse gent so that we can return the card to you. X ■ Attach this card to the back of the mailpiece, eceived by(Prin e) C. Date of elive or on the front if space permits. d' 1. Article Addressed to: D. Is delivery address different from item 17 D Yes ( �� If YES.enter delivery address below: ❑No JJJ MICHAEL LILLY i .5,8:11,MEADOWOOD RD r � --BAI;TWORE,MD 21212 3. Service Type ❑Pnority Mall Express@ f II I IIIIII IIII III l Il l IIII l II I I I I II IIII I IIII I III C0 Adult Signature 01=nature Restricted Delivery ❑Registered Mal Restricted ❑Certified Mail@ Delivery 4 9590'9402 3554 7305 7831 14 ❑Certified Mail Restricted Delivery 4 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery E3Signature ConfinnationTm ❑Insured Mail ❑Signature Confirmation i ❑Insured Mall Restricted Delivaiy ? : . Restricted Delivery (over$500) j Ps Form 3811;:JuIX 2015 PSN,7530-02;000-9053, ; Domestic Return Receipt •E,R' COMPLETE THIS SECTION • • ON DELIVERY ' ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X��,iy �I 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 Dejiver or on the front if space permits. A f2 oL- tj A c--6 Jf0t244jqf —� D. Is delltrery address different from item 1? U Yes If YES,enter-delivery address below. p No S MXGUTRE C A FAM TRT k )I PO h X 1027 ii CUTCHOGUE,NY 11935 , 3 Service Type ❑Priority Mail Exp—s@ i a II I IIIIII IIII III I II(IIII I II I I I I IIII IIIII IIIII - ❑AAduli dult signature Restricted Delivery 0 Reggistered MMall ail Restricted 4 ❑Certlfi M•iI@ _ Delivery I 9590 9402 3554 7305 7830 91 ❑CertMied Mail Restricted Delivery ❑Return Receipt for i Y q Collect'cn Delivery Merchandise i 2. Article Number ,(fransfer,from service iabeq ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation ❑Insured Mail • ❑Signature Confirmation ❑Insured Mail Restricted Delivery- Restiioted Delivery i - (over$500) ' PS"FOrim,3811.;iJuiy 2015 P-SN 7530=02-000-9053 Domestic Return Receipt i I I _�f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF GIESE POSTING #7339 Regar(i osting of Sign Upon Applicant's Land Identified as 1000-104-13-4 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and say that: On the 30th of October, 2019, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be Wednesday, November, 7, 2019 at 1:10 p.m. ` &riciaMoore Sworn to before� me this BETSY A. PERKINS day of fNU� 2019 Notary Public, State of New York No. 01 PE6130636, Qualified in Suffolk Count Commission Expires July 18, otary Pub Lc Ittu�c� 1r1S ul pe+i no 9E',08 93,�w'oN >laoA nn fo a `ol;gnd ARID y S�dlNUgd t.Sl�9 *near the entrance or driveway entrance of the property, as the area most visible to passersby. BOARD MEMBERS 'of s®Uj�e® Southold Town Hall Leslie Kanes Weisman,Chairperson �® 1 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �c � 9� 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, NOVEMBER 7, 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, NOVEMBER 7, 2019. 1:10 P.M. — THOMAS GEISE AND PAULETTE GARAFALO #7339 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 20, 2019, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1) less than the code required side yard setback of 15 feet; located at: 2195 Nassau Point Road, (Adj. to Hog Neck Bay) Cutchogue, NY. SCTM No. 1000-104-13-4. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southo/dtownny.gov Dated: October 24, 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 t i Zv'iVING 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 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 7, 2019 Re: Town Code Chapter 55 -Public Notices for Thursday, November 7, 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 October 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your signed, sealed and stamped 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 thQ 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 October 28t' : 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 30th : 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 November 4, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends 'a TYPESET- Wed Oct 16 09 52.53 EDT 2019 less than the code required rear yard setback the top of the bluff,located at 745 Aquaview LEGAL NOTICE of 50 feet,located;at:420 Schooner Drive, Avenue, (Adj to Long Island Sound) East SOUTHOLD TOWN (Adj.to canal connected to the Long Island Marion,NY SCTM No 1000-21-2-9 ZONING BOARD OF APPEALS Sound) Southold, NY. SCTM No The Board of Appeals will hear all persons THURSDAY,NOVEMBER 7,2019 1000-71-2-9. or their representatives,desiring to be heard at PUBLIC HEARINGS 10:30 A.M. - ELIAS AND JEANNINE each hearing,and/or desiring to submit writ- NOTiCE IS HEREBY GIVEN,pursuant to KASSAPIDIS#7336-Request for Variances ten statements before the conclusion of each Section 267 of the Town Law and Town Code from Article XXIiI,Section 280-124 and the hearing Each hearing will not start earlier Chapter 280(Zoning),Town of Southold,the Building Inspector's May 24,2019,Notice of than designated above.Files are available for following public hearings will be held by the Disapproval based on an application for a review during regular business hours and SOUTHOLD TOWN ZONING BOARD OF permit to construct additions and alterations prior to the day of the hearing If you have APPEALS at the Town Hall,53095 Main to an existing single family dwelling;at, 1) questions,please contact our office at,(631) Road, Southold, New York on less than the code required side yard setback 765-1809, or by email- kimf@ THURSDAY,NOVEMBER 7,2019. of 15 feet; 2) less than the code required southoldtownny gov 9:30 A.M.-PHILLIP AND LINDA KER- combined side yard setback of 35 feet, 3) Dated.October 24,2019 MANSHAHCHI#7330-Request for a Vari- more than the code permitted maximum lot ZONING BOARD OF APPEALS ance from Article IV,Section 280-14 and the coverage of 20%; located at. 1055 Sound LESLIE KANES WEISMAN, Building Inspector's May 17,2019,Notice of View Road(Adj to Long Island Sound),Ori- CHAIRPERSON Disapproval based on an application for a ent,NY SCTM No. 1000-15-3-13 BY Kim E Fuentes permit to legalize an"as built"second story 10:50 A.M.-JOHN MCCALL#7337-Re- 54375 Main Road(Office Location) on an existing single family dwelling;at, 1) quest for a Variance from Article XXIII,Sec- 53095 Main Road(Mailing/USPS) less than the code required front yard setback tion 280-124 and the Building Inspector's P.O Box 1179 of 60 feet;located at 7213 Great Peconic Bay April 18,2019,Notice of Disapproval based Southold,NY 11971-0959 Blvd., Laurel, N Y SCTM N o. on an application for a permit to legalize an 2407970 1000-126-10-1 2. "as built"deck addition to an existing single 9:40 A.M. - ALVARO MARTINEZ- family dwelling; at, 1) less than the code FONTS #7332 - Request for a Waiver of required side yard setback of 10 feet,located Merger petition under Article iI,Section 280- at, 1073 Montauk Avenue, Fishers Island, 10A,to unmerge land identified as SCTM No. NY SCTM No 1000-10-8-1.1. 1000-111-6-5 which has merged with SCTM 1:00 P.M.-GREGORY AND BARBARA No. 1000-111-6-6,based on the Building In- WOOD#7354-Request for Variances from spector's May 2,2019 Notice of Disapproval, Article XXIII, Section 280-124, and the which states that a non-conforming lot shall Building Inspector's September 3,2019 No- merge with an adjacent conforming or non- tice of Disapproval based on an application conforming lot held in common ownership for a permit to construct a patio roof; at 1) with the first lot at any time after July 1,1983 located less than the code required rear yard and that non-conforming lots shall merge un- setback of 50 feet; 2) more than the code til the total lot size conforms to the current permitted maximum lot coverage of 20%;lo- bulk schedule requirements (minimum cated at 840 Marlene Drive,Mattituck,NY 40,000 sq ft.in the R-40 Residential Zoning SCTM No 1000-143-2-20 1. District);located,at 2405 and 2495 Vanston 1:10 P.M.-THOMAS GEISE AND PAU- Road,Southold,NY SCTM Nos.1000-111-6- LETTE GARAFALO#7339-Request for a 5&1000-111-6-6 Variance from Article XXIII, Section 9:50 A.M.-DANIEL J.PACELLA AND 280-124andthe Building Inspector'sJune20, CATHERINE A. PACE,LLA#7333- Re- 2019,Notice of Disapproval based on an ap- quest for a Variance from Article XXIII,Sec- plication for a permit to construct additions tion 280-124 and the Building Inspector's and alterations to an existing single family May 30,2019,Notice of Disapproval based dwelling,at, 1) less than the code required on an application for a permit to legalize"as side yard setback of 15 feet;located at 2195 built"additions and alterations to an existing Nassau Point Road,(Adj to Hog Neck Bay) single family dwelling; at, 1) less than the Cutchogue,NY SCTM No 1000-104-13-4. code required rear yard setback of 50 feet; 1:20 P.M.-PAUL PAWLOWSKI#7349- located at 25 Moose Trail, Cutchogue,NY. Request for Variances from Article X,Section SCTM No. 1000-103-4-3 280-46;Article XXIII,Section 280-127,and 10:00 A.M, - STEVEN AND JACI OS- the Building Inspector's August 7,2019 No- DOBY#7331-Request for a Variance from tice of Disapproval based on an application Article XXIII, Section 280-124 and the for a permit to alter an existing single family Building Inspector's June 11,2019,Notice of dwelling into offices with an accessory Disapproval based on an application for a apartment and for the pre-existing accessory permit to reconstruct a deck attached to an cottage to be converted into a single family existing single family dwelling, at, 1) less dwelling,at 1)more than one use proposed than the code required side yard setback of 15 upon a lot measuring less than 20,000 sq ft in feet,located at 605 Bay Shore Road,(Adj to area,not permitted,2)single family dwelling Pipes Creek) Greenport, NY SCTM No located less than the code required side yard 1000-53-3-8 setback of 15 feet;3)single family dwelling 10:10 A.M. - JOHN AND KIMBERLY located less than the code required rear yard KEISERMAN#Y7334-Request for a Vari- setback of 35 feet;located at 715 Pike Street, ance from Article XXIII,Section 280-124 and Mattituck,NY SCTM No 1000-140-2-22. the Building Inspector's June 19,2019,No- 1:30 P.M. - SUSAN AND TIMOTHY tice of Disapproval based on an application MILANO #7293 - Request for Variances for a permit to make additions and alterations from Article III,Section 280-15,Article IV, to an existing single family dwelling,at, 1) Section 280-18,Article XXII,Section 280- more than the code permitted maximum lot 116A(1)and the Building Inspector's Febru- coverage of 20%, located, at 1170 Willow ary 11,2019,Notice of Disapproval based on Terrace Lane,(Adj to Orient Harbor),Orient, an application for a permit to construct addi- NY SCTM No 1000-26-2-23 tions and alterations to an existing single fam- 10:20 A.M.-JEAN AND ROBERT ROG- ily dwelling and construct an accessory swim- ERS #7335 - Request for a Variance from ming pool,at, 1)swimming pool located in Article XXIII, Section 280-124 and the other than the code required rear yard, 2) Building inspector's May 9,2019,Notice of additions located less than the code permitted Disapproval based on an application for a side yard setback of 15 feet.3)additions lo- permit to construct additions and alterations cated less than the code required 100 feet from to an existing single family dwelling,at, 1) #0002407970 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 10/31/2019 Principal Clerk Sworn to before me this day of CHRISTINA VOLINSIt' NOTARY NoLWYORK 01V0610505Q Quaiitiecl in Sultolk county My commission Expires February 28, Q20 i4U' T1 ('M. E U' F HEARI :140' The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : GEISE , T . & GARAFALO , P . #7339 SCTM # : 1 000 - 1 04- 13-4 VARIANCE : YARD SETBACK REQUEST: CONSTRUCT ADDITIONS AND ALTERATIONS TO EXISTING SINGLE FAMILY DWELLING DATE : THURS . , NOV. 79 2079 7 : 10 PM 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 BOARD MEMBERS OF SOUTyo Southold Town Hall Leslie Kanes Weisman,Chairperson �� l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento yC00 + Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS [KTECEIVED TOWN OF SOUTHOLDTel.(631)765-1809•Fax(631)765-9064 0 9 201 9 Sout o Town July 9, 2019 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #7339 Giese, Thomas and Garafolo, Paulette Dear Mark: We have received an application to construct additions and alterations to an existing single family dwelling. 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 January 18, 2019 BOARD MEMBERS OF S0(/jSouthold Town Hall Leslie Kanes Weisman,Chairperson �O 1p 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes :rlh �pQ Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 9, 2019 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7339 Owner/Applicant: Giese, Thomas & Garafolo, Paulette Action Requested: Construct additions and alterations to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irp rson By: Encls. Survey/Site Plan: Peconic Surveyors, P.C., dated January 18, 2019 BOARD MEMBERSOOF s0(/T�ol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ,r. Town Annex/First Floor, Robert Lehnert,Jr. �l • iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �couSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 26, 2019 Patricia Moore,Esq. 51020 Main Road Southold,NY 11971 Re: ZBA Applications#7339 Geise-Garofalo, 2195 Nassau Point Road, Cutchogue SCTM No. 1000-104-13-4 Dear Mrs. Moore; Transmitted for your records is a copy of the Board's November 21, 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. 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