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q go &A-vcam► GrDSs ck4V("mj, W 5 qq -k-737Z Cims ' ad ifi rns an t. 6t(+��s 46 ao e s y s� le, mow,,�►y dW���;r�; ��ld�s �� �.e,, k �-- q6b a� lie,., cPLk 41- 31 f -e& 6SDI.-I GyDs!s� Pr-- n Ite spec • d 8a- /ay Off ftrjpv'e--� oq,�,o pow Schumachw, ft�Eileey, 6) -,Yo J&V4 se;fibAA_ /orf xX/ f i , Sec• -)- (?0— pl-f 6�5�� � Ham. W�� -L°aR• Hotdan.R., So.er,,sSRci l.Qca. oL x#798 Ln _- Candid_ Avenue__ _ _ . _ -._ _ _ _ S-ept-ti 2, 19.E-- Shir1ey,, New _ York_ DENIED__Perm� sion, to --reduce_- front yard. set- back. Corner of Holden Avenue & Southern _- Cross Road ,Cut bx)-gue New -z-or-k- - CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file ( ) Pull ZBA copy of ND C CL ( ) Check file boxes for pri ( ) Assign next number o outside of file folder ( ) Date stamp entire orifi file number m v zr cn o- v ( )Hole punch entire ori€ X O C:CD - 0 Cl (before sending to T.0 co rn 3 ( ) Create new index carc j o o z — o ( ) Print contact info & to @� `D ( ) Prepare transmittal tc�, w ( ) Send original applicati o o to Town Clerk m v ( ) Note inside file folder and tape to inside of 1 o ( ) Copy County Tax Map 3 neighbors and AG lot! ( ) Make 7 copies and pu ( ) Do mailing label 00 oe-jo 00�> c> o CL C CL Q o co W 00 0 M o Z- oC:6 3 � v S n CD 0 0 0 t Q 10j9.10VZS pj oG��.. fva SSP Owu- aaw-s BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Rnnthnlrl NY 11 A71 FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF FEBRUARY 20, 2020 RECEIVED P.F&L� 3:07'1 FEe 2 s 2020 e4o�a CZ. n". Id Town Clerk ZBA FILE: #7372 NAME OF APPLICANT: Eileen and Roy Schumacher PROPERTY LOCATION: 980 Southern Cross Road, Cutchogue, NY SCTM#1000-110-5-49 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 not required to be referred to the Suffolk County Department of Planning under the Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non -conforming 12,703 sq. ft. parcel (a corner lot with two front yards) located in the R-40 Zoning District. The northerly property line measures 130.74 feet, the easterly property line measures 100.18 feet, the southerly property line measures 123.28 feet and is adjacent to Southern Cross Road, the westerly property line measures 100.90 feet and is adjacent to Holden Avenue. The property is improved with a one-story frame dwelling with an attached one car garage as shown on the survey prepared by Martin Alexander Read, L.S., last revised April 23, 2014. BASIS OF APPLICATION: Request for Variances from Article XXIII, Sections 280-124 and the Building Inspector's October 24, 2019 Notice of Disapproval base on an application for a permit to construct additions and alterations to an existing single family dwelling; at, 1) located less than the code required front yard setback of 35 feet (Holden Avenue; 2) located less than the code required front yard setback of 35 feet (Southern Cross Road); located at 980 Southern Cross Road, Cutchogue, NY. SCTM#1000-110-5-49. RELIEF REQUESTED: The applicant requests variances to construct additions and alterations to an existing single-family dwelling. The proposed construction, on this non -conforming 12,703 sq. ft. lot with two front yards in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum front yard setback is 35 feet. Following the proposed construction, the dwelling will have a front yard setback of +/- 29.3 feet (Holden Avenue) and +/- 31 feet (Southern Cross Road). ADDITIONAL INFORMATION: The applicant requests to construct additions to the dwelling to expand the size of the garage to make it a two -car garage and to expand the master bedroom, add a bathroom for the master Page 2, February 20, 2020 #7372, Schumacher SCTM No. 1000-110-5-49 bedroom by eliminating the third bedroom, and to utilize the extra space as a sitting room for the master bedroom. The house will be converted to a two bedroom and two -bathroom dwelling. A letter of support was received from a neighbor. The applicant's representative attested to a comparable variance approval in subject neighborhood for relief granted for additions to a single-family dwelling resulting in 35.9 feet front yard setback, where a minimum of 40 feet was required; #7131, dated February 15, 2018. The inside renovations have begun and the applicants do have a building permit. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 6, 2020 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The community in this area has seen many additions and alterations to what used to be summer cottages. The subject property is elevated above both roads, on this corner lot, and the neighborhood has steeply sloping terrain which visually mitigates the different angles to the roads that characterize a number of dwellings in the area. The applicant's request for nonconforming setbacks is not unique in the neighborhood and the proposed additions are modest in size and in keeping with the size of other homes. 2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject property is a small corner lot with two front yards with limited space to expand without requiring relief from the ZBA. 3. Town Law 5267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 16.2% for the front yard setback fronting Holden Avenue, and 11.4% relief for front yard setback fronting Southern Cross Road. However, there are very mature trees that will mitigate any visual impact to the neighbors to the east who have a large two -car garage closest to the property line, 4. Town Law 5267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-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 5267-b. Grant of or the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to the living area and a second car bay to the existing garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member Dantes, and duly carried, to GRANT the variances as applied for, and shown on the Site Plan and Engineering Drawings (Sheets S-1, A-1 thru A-40) prepared by James J. Deerkowski, P.E. and dated September 30, 2019. Page 3, February 20, 2020 #7372, Schumacher SCTM No. 1000-110-5-49 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk, within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Planamento and Lehnert (4-0) (Member Acampora Absent) L41�4kxa��- Leslie Kanes Weisman, Chairperson Approved for filing,;? /qG / 2020 RECEIVED 1 7 37a 1 OCT 312019 Board Of Appeals Zoning S 0 v m Z m Z C m N 57041'47" E 130.790' SATFENCING Da I DW a PROPOSED m rATrraw31 I STY. J Cas u� nEaumE owa:. ADDITIONI f, B'mu.Tdup 00.YWal dl uPmm�wea Pr N 29.3' CONCRETE EXIST WASHOUT I ASPH — — DRIVE SOII. LOCATION L---------- SILT FENCING EXISTING DECK EXISTING 1STY HOUSE EXIST. PORCH ING 4LT JJAY Lj�I I �I i I� I, ION ENTRANCE ICON: S 57042'00" W 123.280' 1 STY. SOUTHERN CROSS ROA® SITE DATA SCTM 1000-110-05jw i� LOCATION: AREA: LOT %: 18 4' Un PROPERTY 12703.1 SQ FT 0.29 acres Iw 4400 SQ. FT. I O^' 1352 0 SQ. FT. 10.6% IEW ADDiiiCN <9�b 5F NOi 0.UNOPP®2'PASWIfl i = az a FT alfa DVAVHI 32.5 SQ. FT. aures. e'ma tees Dkrn O ' cunmral�a Pr d O IR - 25% w � V NCAETE� I W \ASHOVj O 40 CU YD. PROPOSED WEST ADDITION / \ISOIL 2.0% 50 CU YD. 20 CU. YD. LOCATION 24 5 SQ FT. \ / I 1 CU. YD. 8'dia X 2'deep DRYWELL - J 1 SIL7 FEN[A16 I 2 CU. YD I/ - I 19.3% ROA® SITE DATA SCTM 1000-110-05jw LOCATION: AREA: LOT %: REMOVE: FILL: PROPERTY 12703.1 SQ FT 0.29 acres ESTIMATED DISTURBANCE 4400 SQ. FT. Q EXISTING HOUSE 1352 0 SQ. FT. 10.6% EXISTING PORCH 32.5 SQ. FT. 0.3% W EXISTING DECK 320 0 SQ. FT. 25% w � V PROPOSED EAST ADDITION 492 6 SQ. FT. 37% 160 CU. YD. 40 CU YD. PROPOSED WEST ADDITION 260 0 SQ. FT. 2.0% 50 CU YD. 20 CU. YD. PROPOSED LANDING 24 5 SQ FT. 0.2% 2 CU. YD 1 CU. YD. 8'dia X 2'deep DRYWELL - - 6 CU. YD 2 CU. YD TOTAL 2481.6 SQ. FT. 19.3% 2118 CU. YD. 63 CU. YD. MEETS AND BOUNDS BY: BARRET, SONACCI d VAN WEELE, PC SURVEYED: 02/06/2001 FlNilk'%L fdfe4P REVIEWED BY ZBA 'I SEE DECISION # DATED -,9-- /2a SITE PLAN SCALE: 1" = 20'-0" rco NEM, DF y E 0 R/r0uj =� uj f 5 Cn z O Q z 0A W 0 0 J w � V Qz w t x w w c7 Vol V 0 0 z0V O :Z) DRAWN BY: MH 9/30/2019 SCALE: SEE PLAN SHEET NO: RECEIVED 73 -7,;� OCT 312019 Zoning Board Of Appeals SOUTH ELEVATION SCALE: 1/8" = 1'-0" FINAL MAP EVIEWE® BY ZBA EE DECISION ATED� EAST ELEVATION SCALE: 1/8" = 1'-0" kf) z OW A W O A � a o 0 1:4 v w Q w z W V � cn 00 z00 V c) DRAWN BY: MH 9/30/2019 SCALE: SEE PLAN SHEET NO: o4�1 RECEIVED 73—/R OCT 312M Zoning Board of Appeals NORTH ELEVATION SCALE: 1/8" = 1'-0" WEST ELEVATION SCALE: 1/8" = 1'-0" DEER O� n 725 DRAWN BY: MH 9/30/2019 SCALE: SEE PLAN SHEET NO: o4�Z RECEVED 7 OCT 312019 z Zoning Board Of Appeals O Q w _ A o a _ W P--, o 0 EXISTING DECK P4 V w Qwgz w w _ V O Vol O e EXIST, � ® o� 00 ON EXISTING i i EXISTING DINING ROOM i i KITCHEN O OO O EXISTING BEDROOM O V EXISTING GARAGE Q EXISTING FLOOR PLAN SCALE: 1/8" = V-0" FINAL MAP REVIEWED BY ZEA SEE DECISION #'�� DRAWN BY: MH DATED 9/30/2019 SCALE: SEE PLAN nEE��� SHEET NO. , fp �s ■ f, x r e ~ • fl Zy .r cP�Q 7-5 2Y' RECEIVE® % 3-7,;R OCT 3 12099 Zoning Board Of Appeals 24'-0%V .... ° REMOVE 11111G BSM-REILACIWITH 1.)11//UfM1((U1.1 I G EXISTING GARAGE 6 LEQ (2)9-3/2MLHDR 1. 10'-0" I (REPLACE EX OPENING) (REPLACE EX OPENING) EX KITCHEN ALTERED EX DINING ROOM (2)1.314X18 ML UPSET BEAM EXISTING LIVINGROOM EXISTING DECK m - 2XR DP°2 u M16^OC C c _ 1313 41(9 ys MLw 1 2 STEEL Is, a -3/4X91 Mew/ 2 SQL' — O m ° EXIST ® SITTING / TV ROOM - EATH FORMER BEDROpM b _p MASTER 3FDRCIOM IN6ALL30X6D E¢ PULLDOWN STAIR 9'-S" S'-0" S'-3%" �.... ......! m (2)31(BHDR (2)2x8 HDR _____________ M 4'-714" 4'-7%" a _ FINAL MAP o ? WIC RE IEWED BY Z F ' 12)2X8 NOR SE DECISION # EXISTING BEDROOM 8-0^ DA ED �y m EXISTING PORCH PROPOSED FLOOR PLAN SCALE: 1/8" = V-0" i I MASTER RATH ;y H MIROCF36632 FREESpNDING R18 1217-1/4MLHDR RELOCATE FROM DINING RM ia'B ��pF NEW P DEER O.p g oc z ZN�O 07? y0. 'Ln z o� wczA o W A �� <w z w w t� 1 x r�� V V cry 00 z V O�D � V r'IRAWN BY: MH 9/30/2019 SCALE: SEE PLAN SHEET NO: Certifications indicated hereon signify that tl lot of the hereon described property is a and correct representation of a recent survey made and plotted under my direction t.-'--cordance with the existing Code of Proctic- Land Surveyors by the New York State Association of Professional Land Surveyors. Said certifications shall run only to the person for whom the survey is prepared and on their behalf to the title company, governmental agency and lending institution listed hereon. This certification is only for the lands described hereon, it's not a certification of title, zoning or freedom from encumberances. Certifications are not transferable to additional institutions or subsequent owners. LOT 24 OT FOUND FE MONUMENT ON LINE WIRE FE 0.7'S L V W 22.3' LOT 25 S 35043950" E WIRE 100.18' 35.1' 16.0• W STOOP V) Z Y 06 aw �OrTop ;, OSS a III � �o o to 3 wZ o Q ujIL 71MBER WALL in WOOD STEPS W U Q O BITUMINOUS TIMBER DRIVEWAY WALL / 26.3' O FE 0.1': FOUND MONUMENT 0 0 N B 't 8 10 LVA �o O O / FE 0.4'N 0.2'W WIRE FE 0 2'N POST & FOUND - ' RAIL MONUMENT FE 100.9 FENCE 05's 0 to W O 2'E P0N 39.59' 30 RAIL FENCE HpLDE �`°'RECENED ' 73 OCfi 312019 Z a:W H 0 0 _ / LM: VIEW: PLOT The offsets or dimensions shown from the structures to the property lines are for s ecific Z®n�n /ape e�if� ded P P y p purpose and �hq$�gl� `6r to guide in the erection of fences, retaining walls, pools, patios, planting areas, additions to buildings and any other cons ruc i . ace Conditions not shown. Easements. Rights—of—Way of Record, if any, not shown. property comer monuments were not placed as a port of this survey 02001 B B V, P.C. Barrett, Bonacci & Van Weele, 1 .C. UNAUTH D[7ION I T ALTERATION OR ADIiIQN TO THIS SURVEY IS A CIVIL ENGINEERS/SURVEYORS/PLANNERS ViOLATiON OF�—_Sdi3t� 7209 OF Drive, YOR • �St E� C�i3 175A Commerce Dre, Hauppauge, NY 11788 ON LAW `- (Aly ¢ TEL 631/435-1111 FAX 631/435-1022 www.bbvpc.com {� p LOT: -- BLOCK: -- REVISIONS: MAP OF: DESCRIBED PROPERTY FILED: -- NO. -- CO. SUFFOLK y '�o. SITUATED: CUTCHOGUE TOWN OF SOUTHOLD CQPIEOF\� R,V1�°Y¢ AP NOT TITLE NO.: BEARi G T I..'A I. R VEYOR'S EMBO>SED SEAL_ AND SIGNATURE SHALT. NOT BE CONSIDERED TO BE A TRUE AND VALID COPY. ROY SCHUMACHER JOB NO.: A010099A PROPOSEDADD DECK ONLY 04/23/14 (MAR) DATE_: FEBRUARY 6,2001 DR. GC CH. SCALE: 1 " = 20' DIST. 1000 SEC. 110 ULK. 5 LOT 49 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore (Schumacher) 51020 Main Road Southold, NY 11971 Please take notice that your application dated October 17, 2019 RECEIVED 3702 OCT 3 1 20i9 Zoning Board Of Appeals DATE: October 24, 2019 To construct a additions and alterations to an existing single family dwelling at Location of property: 980 Southern Cross Road, Cutchogue, NY County Tax Map No. 1000 - Section 110 Block 5 Lots 49 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non -conforming 12,703 square foot lot with two front yards in the Residential R-40 District, is not permitted pursuant to Article XXHI, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum froxtt yard setback is 35 feet. Avenue) and +/- 31 feet (Southern Cross Road). 0 ---------------------------------------- Authorized Signature Cc: File, ZBA Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Filed By: Date Assigned/Assignment No. Notes: House No. 980 Street Southern Cross Road Hamlet- Cutchosue OCT 312019 SCTM 1000 Section_110 Block 5 Lot(s)_49 Lot Size 12,703.1 Zone R-4 75 r ung Board Of Appeals I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 24, 2019 BASED ON MAP DATED 9/30/19. Applicant(s)/Owner(s):—Eileen and Roy Schumacher Mailing Address: -980 Southern Cross Road, Cutchogue NY 11935 Telephone:_ Fax #: _c/o 631-765-4643_ Email:_pcmoore@mooreattys.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: pcmoore(a,mooreattys.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: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED _9/30/19 and DENIED AN APPLICATION DATED _10/17/19 FOR: E 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 XXIII Section 280- 124 Subsection Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. (Front yard setbacks) ❑ 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 E has, has not been made at any time with respect to this properly, ER Appeal No. 6754 Year 2017 (deck in rear yard). (Please be sure to research before completing this question or call our office for assistance.) And #7981965 (denied) RECEIVED °72>7A OCT 312019 Name of Owner: Eileen & Roy Schumacher ZBA File # Zoning Board Of Appeals REASONS FOR APPEAL (additional sheets may be used with nrenarer's sienaturc AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house is on a corner lot (Holden Avenue & Southern Cross Road). The house addition on the north/east side encroaches 4 feet into the front yard. The expansion provides additional space for a Master bedroom, closet and bathroom. The 4' encroachment is not only functional it also provides an architectural break in the elevation. If the addition were to be pushed back in line with the existing front yard setback, a rear yard setback variance would be required. The addition affects both the master bedroom and also adds 4 feet to the TV room. The house is modest and is the applicants year round home. The variances are minimal and will be undetectable from the street. The 4' encroachment on the front yard is equivalent to the permissible encroachment of a front door stoop. The addition, on the west side of the house a variance is required to add a garage bay for a two car garage. The additional garage bay results in a small variance at the closest point (29.3'). The northerly corner (rear of the house) is on an angle and more conforming (33'). The family has started the interior renovations which can be completed without a variance (Building Permit #43985), however, the additions have to wait till the Board reviews and we respectfully ask grant the variances. (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 house is conforming along Southern Cross Road, however, any addition along the side on Holden Avenue would result in a variance. The proposed additional bay of the existing garage will store their personal vehicles inside the garage rather than in the driveway. The setback at it's closest point is 29.3 and the property line extends out increasing the "front yard" setback to 33' (parallel to the street). (3) The amount of relief requested is not substantial because: The proposed variances are numerically small. For the master bedroom addition, proposed is 31 when 35 is required. For the garage the proposed setback is 29.3 at the closest point- front corner of the proposed garage and 33 at the back corner of the proposed garage when 35 is required. There are trees and natural vegetation which mitigates any visual impact of the 4 to 5 feet the proposed additions encroach into the two front yard setbacks. This property was developed in 1965 with the existing setbacks and used as a seasonal home (second home). Over the years the house has become a year round home. The existing house is very modest. The existing living space is only 988 square feet. The existing house is 3 bedrooms and the proposed house is 2 bedrooms and a TV room. In addition the second bay of the garage will store vehicles inside the garage. (4) The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because: The house will be expanded by only 492 square feet of living area. The number of bedrooms is reduced from 3 bedrooms to 2 bedrooms for a retiring couple. No adverse impact will be caused to the physical or environmental conditions in the district or the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. There is no one story addition possible to the house without affecting a required setback. The existing house setbacks are conforming, but the owners can not add living space to the house on the same floor without a variance. Are there Covenants and Restrictions concerning this land: E No. ❑ Yes (please furnish 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 ( ) IFA USE VARIANCE IS BEINGREQUES ND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET .• (Please be sure to usult yo r attorney.) Signature of Appellant or Authorized Agent (A t must submit written Authorization from Owner) Sworn t efo a me this day 20�� Public BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18 RECEIVED X37 OCT 312019 Zoning Board Of Appeals RECEIVED -757a APPLICANT'S PROJECT DESCRIPTION OCT 312019 Zoning Board Of APPLICANT: '6�:7Iq F FATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: 4/0-1) e H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: A/- 3 x 3 `3 Dimensions of new second floor: 1U -4 Dimensions of floor above second level: All A 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: A�1/,4 III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors a)id General Characteristics BEFORE Alterations: !i10017) U v Number of Floors and Changes WITH Alterations: /r► IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: '10 • d r01 Ck-"k—) Proposed increase of building coverage: 60 260- a ��, J� 6,10 Square footage of your lot: l -2, 70 Percentage of coverage of your to by building area: V. Purpose of New Construction: Qwf _� /G ,E _ -sat-" "&-i 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): 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 FOR FILING WITH YOUR ZBA APPLICATIONFOCT IVED A. Is the subject premises listed on the real estate market for sale? 73-70, Yes �No 12019 B. Are there any proposals to change or alter land contours? Zoning Board Of Appeals JNo Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? /V0 2.) Are those areas shown on the survey submitted with this application? A 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond area , have you contacted the Office of the Town trustees for its determination of jurisdiction?�,�Please confirm status of your inquiry or application with the Trustees: �l A and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? &JO E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? A110 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? —If yes, please submit a copy of your building permit and survey as approved by the Buildmg if and please t describe j&2!� dzklt ." f—f cj�S 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. C, ® , H. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel a 1�� and the proposed use (�[cd (� (ex: existing si gle family, p oposed: same with garage, pool or other) Au rized signature and Date &1, `X AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVE® 73-7-o� 0 C T 312019 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. 2. 3. 4. 5. Name of Applicant: Address of Applicai Name of Land Owner fir otner man Applicant): yc�yy� Address of Land Owner: Description of Proposed Project: � /z, .tea ..e 4A., OV„ „n- . 6. Location of Property: (rd 63d Tax gap number) en570 ^ /lD — -5- — 7. Is the parcel within 500 feet of a farm operation? { } Yes { o 8. Is this parcel actively farmed? { } Yes �,rNo 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 bac is page if there are additional property owners) e -b i 3d i z? Signatur6f<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 Short Environmental Assessment Form Instructions for Comnletine RECEIVED %'3%R OCT 3 120 f9 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: Project Location (describe, and attach a location map): a(J Brief Description of Proposed Action: y��- ��p o1 vcvu a2�c�o Name of Applicant or Sponsor: Telephone: r 765 S(�:A U /W a Ck" E -Mail: C-Owvo/y 00/r Address: p 4e t' , 6"/ City/PO: State: Zip Code: 1. Does the proposed action only in olve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that 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 y If Yes, list agency(s) name and permit or approval: 3.a. Total acreage of the site of the proposed action? o Z S acres b. Total acreage to be physically disturbed? acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. � ❑ Urban 11Rural (non -agriculture) 1:1Industrial 11Commercial IY esidential (suburban) ❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 RECEIVE® 5. Is the proposed action, NO a. A permitted use under the zoning regulations? 0 C T 3 12019 b. Consistent with the adopted comprehensive plan? Zonina Board Of Awpals 6. Is the proposed action consistent with the predominant charac ing inti} 1 landscape? YES N/A NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X x 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES K 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES k 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES K 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X IX 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain 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: NO YES x 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest2uhurban ltural/grasslands 11 Early mid -successional ❑ Wetland El Urban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES x 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, a. Will storm water discharges flow to adjacent properties? P"NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: QA0 ❑ YES NO YES x Page 2 of 4 18. Does the proposed action include construction or other activities that result i water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: the impo7pvt 37 UUT 2019 NO YES small to large impact impact may 19. Has the site of the proposed action or an adjoining property been the locati solid waste management facility? If Yes, describe: Peals NO YES 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? X 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 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES Y 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 I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE f/ Applicant/sponsor na Date: Signature: 7. Will the proposed action impact existing: 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?" Page 3 of 4 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 RECEIVED 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 No, or Moderate OCT 312019 small to large impact impact may may Zoning Board Of Appeals occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED -731�?, 0 C T 312019 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: SCHUMACHER, ROY N. & EILEEN AND MOORE, PATRICIA C. (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 �fl day of_(264Tbt,1U 2�O I Signature- oy N. Schumacher E' c u her atricia C. Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS RECEIVED A�?,-3-7oa, OCT 312019 Zoning Board Of Appeals 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). 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# % - - Y'I The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees © 71?t+/'� 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital El construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: L tvl2/'> Location of action: 11 Site acreage: PFCFIVFD Present land use: S/S-C �3-7;� 0C 1 3 12019 Present zoning classification: !2 — Zoning Board Of Appeals 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: El/? (b) Mailing address: u7L41e�22 Cj;l &c- )2,,2d (c) Telephone number: Area Code( y,3 � O (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No N 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 ❑ No [:]Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria 13 Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria Yes 0 NoM Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria 11 Yes 1E No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria 0 Yes[] No W Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes [] No � Not Applicable RECEIVED I %3 72-1. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No N Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No A Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. 11YeLl No � Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No [�? Not Applicable J ', 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 4 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 4 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No )(I Not Applicable Created on 512510511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) RECEIVED OCT'A 312019 Zoning Board Of Appeals We, ROY N. SVHUMACHER AND EILEEN SCHUMACHER, as owners of 980 Southern Cross Road, Cutchogue, New York (sctm: 1000-110-5-49) hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals y N. Schumacher C Eileen Schumacher RECEIVED -1 3-p9 OCT 3 120 FORM N0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, N. Y. RECE VEE), APR 2 M4 BOARD OF APPEALS Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No. A.93 7............ Date ...................... Aflo-fabox.....2%3... THIS CERTIFIES that the building located at .. Nol�eb..$..Squt13., xmSs „Rid........... Street Map No. .............. Block No....... ........ Lot No.......... utehogttA.O..... N. X................ conforms substantially to the Application for Building Permit heretofore filed in this office dated •••.•••.. .............. •........... L.t21y..... 29 ........... 1 19.65., pursuant to which Building Permit No. -2826z.. dated ................................... J?ay...... 3Q., 19..65., 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 ........ ......;ftly.1 ?... -�!... we 1ung......................................................................................... The certificate is issued to .....T91 .>G..4-Agnu fUter,........................ Owners ....................................... (owner, lessee or tenant) of the aforesaid building. H.D. Approval November ill 1965 by N. Villa .... /K ......................... Building Inspecto BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064Mai RECEIVED ot Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 19, 2014 ZE ZBA FILE: 6754 NAME OF APPLICANT: Roy and Eileen Schumacher OPROPERTY LOCATION: 980 Southern Cross Road, Cutchogue SCTM# 1000-110-05-4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property un Zoning application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone district and is non -conforming containing 13, 504 sq. ft. It is improved with a one story frame dwelling. It has 123.28 feet of frontage on Southern Cross Road, 100.90 feet of frontage on Holden Avenue, 130.74 feet along the northern property line and 100.18 feet along the eastern property line as shown on the survey dated February 6, 2001 last revised 4/23/14. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's April 10, 2014 Notice of Disapproval based on an application for building permit to construct a deck addition to existing single family dwelling, at; 1) less than the code required rear yard setback of 35 feet. RELIEF REOUESTED: The applicant requests a variance to construct a 21 foot by 16 foot attached deck having a 22 foot rear yard setback where the code requires a 35 foot minimum rear yard setback, as shown on the Survey/Site Plan prepared by Barrett, Bonacci & Van Weele, P.C. dated February 6, 2001, last revised 4/23/14 to "add proposed deck only" and the two untitled pages of construction drawings of the proposed deck. ADDITIONAL INFORMATION: The parcel is a corner lot with two front yards. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5, 2014, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed deck replaces a 21 foot by 12 foot at grade Page 2 of 3 — June 19, 2014 ZBA#6754 — Schumacher SCTM# 1000-110-5-49 RECEIVED -73IR OCT 3 1 2018 block patio. Attached rear yard decks are a common addition,to residential k will not produce an undesirable change to the neighborhood because it is screened by mature vegetation along the rear property line. Additionally, the attached deck is proposed with a code conforming setback from Holden Avenue and the neighbor on the other side of Holden has a very wooded front yard which will provide visual privacy. 2. Town Law 5267-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 dwelling is set back 38 feet from the subject rear yard and any proposed deck in this rear yard will consequently require a rear yard setback variance. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 37% relief from the code. However, the subject adjoining property line that creates the rear yard to the subject parcel is a side yard to the adjoining property most affected and if considered as such would mitigate the substantiality of the requested variance. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a deck in a rear yard having a 22 foot rear yard setback, 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 Schneider, seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the Survey/Site Plan prepared by Barrett, Bonacci & Van Weele, P.C., dated February 6, 2001, last revised 4/23/14 to "add proposed deck only" and the two untitled pages of construction drawings of the proposed deck. CONDITIONS: 1. The deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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. Page 3 of 3 —June 19, 2014 ZBA#6754 — Schumacher SCTM# 1000-110-5-49 RECEIVED 07 3 -112 - OCT 312019 Zoning Board Of Appeals Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning Goehringer, Dantes. This Resolution was duly adopted (5-0). Leslie Kane$ Weisman Mai person Approved for filing 6 /d/2014 Appeal No. 7 98 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Dated August 18, 1965 ACTION OF THE'ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Safeway Custom Builders Corp. Candido Ave. Shirley. New York at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the. Zoning Ordinance r ) DATE 9/10/L5_ Appellant the appeal RECEIVED OCT 31 2019 1. 2M00M00MG0E00= By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article _,._..._.,._.._» Section ___ Subsection paragraph .-.._..-,....._ of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because Appeiil No. 798, 8: 00 P.M., Upon application of Safeway Custom Builders Corp., Candido Ave., Shirley, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 306, for a reduced front yard setback on a corner lot. Location of property: corner of Holden AvenOue and Southern Cross Road, Cutchogue, New York, bounded north by Venteau Construction Corp., east by H. Porter, south by Southern Cross Road, west by Holden Avenue. Fee paid $5.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnec- essary hardship because SEE REVERSE (o) The hardship created (is) (is not) unique and (would) (would not) be shared by all pmperties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The var'ance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determdaed that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. % ONINQ BOARD OF APPEALS FORM ZB4 Thal( ai H� anet G. McLean, Secretary Southold Town Board of Appeals -------- - -- — --- - - Attaes iaeestigatiae and inopecues the soma fid that the applicant has &MIlood far a varianoe An a !emit yard setbw* after voc eivinq notice of v"Lsts" frm the holding Inspector, WA Board syMpthimes with the plight of the affluent. them is so mwislon in the Ordimmos for assisting e*if-Impseed hardships. Us Board !lads it snot agree with she reasaming oil the spp&#- eant with regard to the masnal matme o= this hardshipe it is wall established that financial hardship is not v - mop sed in a sealeg came. Therefos!e, it was REMMM that the ayptiratiea of "tansy Custom Builders Corp.. Shirley. Man Too, far a variance is eoteaeQtiaes with a redound trent yard Ntbu t be 4261e4. RECEIVED .��TA OCT 5 12019 Zoning Board of Appeals � �e /,17 r I c 46 Ise Piz, all �f low �. Schumacher OCT 3 120' 980 Southem Cross R4�ad � is •�, � ` � / � r% � „_ -,fir•_ �` - _ - .. I � �-; \ ��"� � �� . - ``,` 1. 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'� AL V ,.^r,., •,!. .s: �. .V i- '9i % .'�.�i=i.'.'-+E.� .J tia: '.:'T -y, ,y"� -''• K v �L -.. aF ter► X!'�r'�1 •71� ��i ' �� ti[ ".i• r' 1 .li-,.~ 'j �4w k .y�r a ..K +,�7_• w ;�'' ,.`� r .t 4'�,•�'".:,cJ , v�; {~'b!.t•• � ,j4.,... �`.}rr'�" " Y,, �'' _F�3*�;. �- '� ..:+,;} .�1 ?"'�j F, �-.:� "1i♦ ":n%.'�wfir .:y .f - y"s ••. srwi�„ i �' • 'Ms't i. -,.�• im -- •"i':- %'. ys- T,' }�.� .+,� J,r • a• • - ` may.' �, �:'Y - .:;.a• ... '�;y, � rr r-:'1�'►`'''_ ,�.1i/ 7V. �'.+, H+. �`,•.. .4. .^ .,, �• _s'!•►"•'►�`'it�'r'M. tea'r'y' ,i _ . s • _y, '�i{' , �i 4.�,� �,�* Nt ...+ ''JJ �.. :'/+lr� ..,y ,rte ✓tom 7C pm,� •�-.s�'�" .fir.,, +,.�t �•i+.-�, y1. ' 7r� _ -iyys -� 2 -a•- '�' '�► . � -t, * ,Lr ;, .s "'Da � it i.. '� AL V ,.^r,., •,!. .s: �. .V i- '9i % .'�.�i=i.'.'-+E.� .J tia: '.:'T -y, ,y"� -''• K Ak q3985 Add s/Alts ISSUED TO r.he( DATE 7' L9 ADDRESS 9W �"utherA Cro Rd Coom 80 t be displayed during This notice mus construction p nd returned to Budding Dept. t. to get a certificate of CA occupancy upon completion of work. UILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOL% N.Y. �4 V) i ro� Tb a; I � pV I y li Add s/Alts ISSUED TO r.he( DATE 7' L9 ADDRESS 9W �"utherA Cro Rd Coom 80 t be displayed during This notice mus construction p nd returned to Budding Dept. t. to get a certificate of CA occupancy upon completion of work. UILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOL% N.Y. �4 Permit #: 43985 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,NY BUILDING PERMIT RECEIVED `73-1-97, OCT 3120A Zoning Board Of Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permission is hereby granted to: Schumacher, Roy 980 Southern Cross Rd Cutchogue, NY 11935 Date: 7/18/2019 To: construct additions and alterations to existing single-family dwelling as applied for. At premises located at: 980 Southern Cross Rd, Cutchogue SCTM # 473889 Sec/Block/Lot # 110.-5-49 Pursuant to application dated To expire on Fees: 1/16/2021. 6/27/2019 and approved by the Building Inspector. SINGLE FAMILY DWELLING - ADDITION OR ALTERATION CO - ADDITION TO DWELLING $513.60 $50.00 Total: $563.60 11 7 3 -7o-� 0 C T 312019 Zoning Board Of Appeals 5cilomachwi Ro,D q- I D cc 074 xz r ► , S2� 80- �a Pfd 61,5114 � pi°►�. w�� ���q�r� _ �a R• E�alcjen,l}va �6 So. eK.•ss (zd•� Cc,�ck.oc�.o` �1- , g• �:'�niAY euS�b'� gtr2r.,n��zG �o �- #798 ix�.eQ New York b'4ck._ Corner of _ftlden- Avenue & Southern Cress$ Road 1 r- --. olvzd -e- ZX S21 1 � � 2-x8 �X-�s r InKr PA-7'fD S7t: SPS , cp vCOD �� FINAL o N o © �r� REVIEWED BY Z A ?�Q _ - DATEb� / la SEE DECISION # ao c.1t8 14�►SS APR 2EIV�D , " _ _ •"�. �" -• ---�±X�?' � 4 1014 �fu.�J BOARD OFAPPEA Ji � LS +-';' �Jt -- � - � ' Tt- �E— � -• i-t--i-�i _,-_- + � -{ !- -i -i•4 _L j 1.,.• '`=# iy r7 - I-i- I - '� ! 1-i- 'f ' �!-I: } ii.�; ;t}I {ri fi.. i i' r 1i 1 {- ' � �Fi~Irl�l 'TTk1�f i" Certifications Indicated hereon sigrifM this of the hereon described property, is a tru Feet representation of a recent survey made and plotted under my on in�rdonce with the existing Code of Practice Association of Professional Land Surveyors Sal ertlfications shall run only to the person for w nI Surveyors by the New York State the survey Is prepared and on their behalf to the title company, governmental d lending institution listed hereon. This certification hereon, It's not Is only for the lands described a eer or subsequen ers. zoning or fie om from encumberances. Certifications are RECEIVED not transferable to additional institutions q 5--*7� 2 OCT 312019 T 25L Zon' 9 Board of AppealsFE 100.18' a, F '43'50" E MONUMENT ON LINE FOUND WIRE FENCE MONUMENT WRE FE 07 S 1 M N u I 1` 26J CCN O Q I 04 r 16.0` STOOP 22.3• O fWA Y 2 ♦/� q aW }J y y/ O a°rte � ° � III n U) C h ; SOT ki Z .- W , W V TIMBER WALL N O STEPS w W a BITUMINOUS VA-7/1 O a DRIVEWAY t� , ` 26 J' ' C)Cq O TW r^� i V I 1` 1 O Z o � coI _/ O FINA MAP OE REVI t D BY ZBA ' -- O 2'W FOUND — _ — 90� SEE PaST FRENICE MONUMENT D S O 100..7 W X30„ P ��-�-"�ENUE Av PEN r-, RECEIVED APR 2 4 2014 LM: VIEW: PLOT The offsets or dimensions shown from the structures to the property lines are for a specific purpose to guide in the erection of fences. retaining wails, pools, patios, p(�QA��jn� (('''����' //��pppp��//tt�� � on�'U3dhSn7YtheF2FoRFALISt Intended planting areas, additions to buildings Cmd,tions not shown. Ea.nn k R"t - f--y el Ree 11 _x n q Pic y r.rns ma,um.r,l. wre nal pbeM os a part and any other construction. Subsurface 0 IN. wvrY © 'M1 B B V p C Barrett, Bonacci &Van Weele, P.C. CIVIL ENGINEERS/SURVEYORS/PLANNERS UNAUTM I LTERATION OR AD TI KO��SURVEY 1S A voLAt,o 175A Commerce Drive ,,DFaas�e 209 OF NEW,• STATE E UC TION LAW Hauppauge, NY 11788 TEL 631/435-1111 FAX 631/435-1022+ _ ` n,• x '' I www.bbvpccom r LOT: -- BLOCK: -- REVISIONS: ` ^,; MAP OF: DESCRIBED PROPERTY Ir, ,/•� FILED: -- NO. -- CO. SUFFOLK SITUATED:CUTCHOGUE TOWN OF SOUTHOLD COPIES OF THIS SURVEY MAP NOT TITLE NO.: BEARING THE LAND SURVEYOR'S EMBOSSED SEAL AND SIGNATUPE SHALL NOT BE CONSIDERED TO 9E A TRUE AND VALID COP-{ ROY SCHUMACHER JOB NO.: A010099A ADD PROPOSED DECK ONLY o4/& (MAR) DATE: FEBRUARY 6,2001 DR. GC CH.SCALE: 1" = 20' DIST. 1000 SEC. 110 BLK. 5 LOT 49 RECEIVED -�Z)la 0 C T 312019 Zoning Board Of Appeals FORM X0.1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ' RECETVEQ F CT 312]Appeals g Board of Examined ........... ..............i.,........, 19........ Application No. ............................ Approved .................................... 19.. ...Permit No. ............................... Disapproveda/c................................................................................ ................................................................................................................ ............................................................................................ (Building Innspect r) APPLICATION FOR BUILDING PERMIT Date ............. July 29 ............................... 11965....... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Inspector. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of propertymust be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant Such ' permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code and regulations Alma Valsh—Agent'Safeway Custom Aldrs, ............................. . (Signature of applicant, or name, if a corporation) Roa B...Shirley.*?. ...... ............................................... (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. 5.uilder... ......................... ....... ; Name of owner of remises .. John & Agnes Slater ' p ... .............................. ..... ..... ' If applicant is a corporate, signature of duty authorized officer. ............................ ................................................................. . (Name and title of corporate officer) I Location of land on which proposed work will be done. Map No ............................ Lot No: Street and Number.. of Holden Ave.and Southern Cross RoadeCutchoCue9t'.Y ................................................. ....... ........... I...................................................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction, a Existing use and occupancy ... ....... ................................................................................. b. Intended use and occupancynew home .................................................................................................... ... 3. Nature of work (check which applicable): New Building .....7L.......... Addition ................. Alteration .................. Repair .................... Removal .................... Demolition................... Other Work (Describe) ...................................... 4. Estimated Cost ............$13.,.OG. x...............................Fee......................................................................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ...... .5...............Number of dwelling units on each floor ..a ..a 1par......... Ifgarage, number of cars .............. Ciae...................................................................................................................... 6. if business, commercial or mixed occupancy, specify nature and extent of each type of Eid-W ..................... 7 Dimensions of existingstructures if an Front Rear �C�� Height............................ Number of Stories...............................................................................{ Dimensions of same structure with alterations or additions: Front ................................ ROCT"'�'�" �71s Depth .............................. Height ..............................Number of Stories............................8 Dimensions of entire new construction. Front .........522........... Rear .......,52.'............ ��..' Hei ht ......1•• Number of Stories ........ g �oarCI Uf 9 Size of lot- Front.........Rear ........ !U.:.,X� ... Depth .....13�..'.ax1d...J;:.3' 10 Date of Purchase ........................................................Name of Former Owner ........................................................ 11. Zone or use district in which premises are situated............................................................................................ . 12. Does proposed construction violate any zoning law, ordinance or regulation?........nn......................................... B ooklvn.." Y 13. Name of Owner of premises .,7.ohn•• 1ater.............Address ..',Z14 ... C1.areridoa..ad. cone No. Nameof Architect ......................................................Address ........................................... Phone No..................... Nome of Contractor .Za•`.ei<w;... ( Ltst;.Qx..Z1.dra.Address Phone No..2�a PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from property lines. Give street and block numbers or description according to deed, and show street names and indicate whether interior or corner lot. 0 r �\ STATE OF NEW YORK, 1 SS COUNTY OF .... c u : o1.k.......... S .............................. ............................................being duly swoWdeposes and says that he is the applicant (Nome of individual signing application) ,� ' abovenamed. He is the ............a..-...nk........................... ..... ................ ............................................. f............ ... ........... . (Contractor, agent, corporate officer, etc ) of said owner or owners, and is duly authorized to perform or have performed the said work and: to make and file this application, that all statements contained in this application are true to the best of his kngwledge and belief, and that the work will be performed in fhe manner set forth in the application filed therewith. Sworn to before me this day of ......... . `..... 19.(p� � �p ) I ' O - ..,. •f JUDITH T 80K�If .................� ........ Notary Public, , ........ C Pati.c. state of New Yolk (Slgnature of applicant) PA. 52-0344963, Sulfolk County r TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.�� DATE August 18, 1965 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Safeway Custom Bldrs Corp Candido Ave. Shirle New Yo k RECEIVED 1, (We) PP ...........................of .......:...... ..:,........................ ,._. ..................... .... �- Name of A ellont Street and Number ���� Southold, New York HEREBY APPEAL O ...........................�P....y................................... State OCT 312019 Munici alit State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR N APPLICATION FOR PERMIT NO. ........ ARJ.25 .. .. Zoning Board of Appeals DATED .... ,.t� jt �....................... WHEREBY THE BUILDING INSPECTOR DENIED" I " now V v� ......................... 5 .'.T. �' t tri....................... I........ Name of Applicant for permit of ............................................... .......... ...........ipai....................................................... Street and Number Jvlunicipality State ( ) PERMIT TO USE ( 4PRMIT FOR�CUPANCY 1. LOCATION OF THE PROPERTY ........ ..A..Distric1 - S......................................................................... treet Use District on Zoning Mop corner of Holden Ave. and Southern Cross Road, Southold. . DesC ................................................................................. Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section an a raph f the Zoning Ordinance by number. Do not quote the Ordinance.) a. -X V ` 4= A30 6 3 TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE- due to- lack of , access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 - — 4. PREVIOUS APPEAL A previous appealas) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No.................................Dated................................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance for side yards. is requested for the reason that abuse under construction with side yards at 32 to 33 feet. Traffic vision is not obstructed. Form z131 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Entire foundation- would have to be taken down and removed. Side yards at -'present ale 32 to '33- feet, FRECEW�D.�a OCT 31 M9 Zoning Board Of Appeals 2 The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because '^ of being corner lot and heavily wooded. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because -it would not intefere with traffic vision. STATE OF NEW YORK ) ss - y V .. ................... COUNTY OF ) ,,p ; y S' nature / ::.A Sworn 'ro .�. this.............�........................ day of..................... ................................ rC-..... d ... . ....... ....................... . Notary Publ' PrAR;ON A. P•ECEVT NOTARY PdBLIC, Stz;a of NEw York No. 52 3233120 Suffolk Cc�aty � Term Expires March 30, 1S �, X23- • ¢p 0 cap SURVEY FOR JOHN E. SLATER CUTCHOGUE TOWN OF SOUTHOLD ' SUFF. CO., N.Y. SCALE- 1 40' MAY 13,, 1965 !! NOTE: „+ a NdPMMENT, = t PROFE$SID ` EN ER AND LAND SURVEXOR, .S: L1C. NO. 12M ` RIV�RHEAD� N.Y - TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET19 VILLAGE DIST. SUB. LOT FORMER OWNER N. t E,� ACR. Q 544,rZ� 0`t*`'l)1 aw Smap W TYPE OF BUILDING ]e� /O'_ S4%A eafj �i�19 �� ^/ A �de ES.ea �� SEAS. z VL..,` FARM COMM. CB. MISC. Mkt. Value JD IMP. TOTAL DATE REMARKS/a/ 7 2 AZIYlo✓ = X.Z z, new 6-7) J6 D d -7/d---13 , a 4a o J 3 1y - Jct A nr�'L-FGt,Ygs lam` -Fr 600 3700 4300 J 1 3 1 �� �. �e �ff 4 ar t D- I Qb33z I ILI-- 1 if u?i` AGE BUILDING CONDITION elof — NEW NORMAL BELOW ABOVE r7��s ��_ 60* �Q i �6 3 FARM Acre Value Per Value OCT Acre i I 1 �®ming ward 0f Appeals 'illable 2 illable- 3 /oodland Nampland FRONTAGE ON WATER r3 e --5C) rushland FRONTAGE ON ROAD�— ouse Plot - DEPTH otal,_ DOCK ,r','"a`S irl -- ..._J '-Vic.++',t• ■■■■■■■ NONE ONNION mom ON M■MEMEMEM N. NIONIONE No EMEMEM No mom NONE 0 0 MME■MEMO■MEMEMENEEM NONE ONSIFINCII ONO■ENINOMMENOMENSEN W, ONINIMIK ONNIONEEN - WE Foundation asement ixtension Interior Finish A __ Fire Place Rooms I st Floor __ - MEN! 77,. �:r Q� � M`y&a wf: pub � 6 \� \`� /� � b w i� />,� / � `\� �� � . .)•��t ® 2/� S� 1 � `\%� ~ \� ®� a. 2\\/\�`:�� � 2�� ` }� /� � �. >,g� y - ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 6, 2019 RE: Zoning Appeal No. 7372 Transmitted herewith is Zoning Appeals No. 7372 for Eileen Schumacher: ,The Application to the Southold Town Zoning Board of Appeals _,/Applicant's Project Description __,,/ _,,'Agricultural Data Statement ✓Short Environmental Assessment Form ,/ Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) __,�WRP Consistency Assessment Form /Notice(s) of Disapproval __ZBoard 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- ,/ Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Date: 11/06/19 Quantity 1 Notes: Payment Type CK #1579 Town of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT*** Transactions ZBA Application Fees Amount $1,000.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Schumacher, Eileen & Roy 980 Southern, Cross Cutchogue, NY 11935 Receipt#: 261051 Reference Subtotal 7372 $1,000.00 Total Paid: $1,000.00 Paid By Schumacher, Eileen & Roy Clerk ID: JENNIFER Internal ID• 7372 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: November 1, 2019 ?BA # NAME OF APPLICANT 7372 SCHUMACHER, EILEEN TOTAL ECK # AMOUNT TC DATE STAMP 1579 1 $1000.0 Sent via Inter -Office to Town Clerk by: ES Thank you. $1000.00 RECEIVED NOV ^ 6 2019 Southold Towns Clerk $1000.00 i RECEIVED FEB 6 2020 aata� �a�re 1 of Appea8s� Aa4cv lc!Ao6o e BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Gerard P. Goehringer Nicholas Planamento http://southoldtownny.gov Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 RECEIVED -f kb4 q t 59 a4 -A - FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 15, 2018 FEB 2 2 218 C/ �'1L ZBA FILE 7131 S thol Town' BX" NAME OF APPLICANT: Theodore & Anna Boutzalis PROPERTY LOCATION: 670 Holden Avenue Cutchogue SCTM No. 1000-110-5-20 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 21, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non -conforming 22,519 sq. ft. parcel located in the R-40 Zoning District. The parcel measures 100.00 feet fronting Holden Avenue along the northerly property line, measures 232.15 feet along the easterly property line, measures 97.37 feet along the southerly property line, and measures 237.12 feet along the westerly property line. The property is improved with a one story frame single family dwelling with an attached wood deck as shown on survey prepared by John T. Metzger, L.S. last revised June 21, 2001. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280-124; and the Building Inspector's October 19, 2017, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) less than the code required minimum front yard setback of 40 feet; located at: 670 Holden Avenue, Cutchogue, NY. SCTM#1000 110-5-20. RELIEF REQUESTED: The applicant requests a variance for front yard setback relief of 35.9 feet instead of the required minimum 40 foot setback in order to construct additions and alterations to an existing single family dwelling. All other additions and alterations proposed will conform to the Town Code, Section 280-124. The expansion located in the front portion of the dwelling will increase the size of the master bedroom and add a master bath. ADDITIONAL INFORMATION: E-mail correspondence expressing support for the requested variance was received from owners of two neighboring parcels. At the hearing, no objection was heard by neighboring parcel owners. Page 2, February 15, 2018 #7131, Boutzalis SCTM No. 1000-110-5-20 FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 1, 2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The majority of the improved properties in the immediate area of the subject property are similar in size. Increase in lot coverage is a mere 203 sq. ft. and is only an increase of less than 1%. The alterations and additions will not exceed side yard setback requirements; and therefore, will not likely generate any concerns from adjacent neighbors. 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. Encroaching into the front yard in order to expand the existing master bedroom and adding a bath was the only viable and' feasible option. The lot is small and non- conforming, and the applicant's proposes to conform to all side and rear setback requirements. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 10.2% relief from the code. The addition adds only two feet to a portion of the front of the house which has an existing conforming front yard setback of 40.5. However, the angle of Holden Road does not parallel the siting of the existing dwelling which, therefore, reduces the conforming front yard setback y at the southeast corner of the lot, resulting in a setback of 35.9 feet for that portion of the dwelling. The southwest portion of the dwelling will remain at a conforming 40.5 feet setback. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The parcel is well vegetated which will provide adequate screening from neighboring parcels. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. 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 6267-b. Grant of(requested relief, is the minimum necessary to enable the applicant to enjoy the benefit of a larger master bedroom and a new master bath 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 site plan and construction plans, pages 1 through 7, prepared by Robert J. Gruber, Architect, dated August 25, 2017. SUBJECT TO THE FOLLOWING CONDITIONS: The applicant must provide this Board with a final survey depicting the new completed additions, to the dwelling, and all distances of the dwelling from property lines (setbacks) prior to the issuance of a Certificate of Occupancy. Page 3, February 15, 2018 #7131, Boutzalis SCTM No. 1000-110-5-20 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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), Planamento, and Dantes (Member Acampora and Member Goehringer were absent) This Resolution was duly adopted (3-0) 0.7 Z Leslie Kanes Weisman, Chairperson Approved for filing � / dO /2018 �•Aa•Z= �.�p: 44y A, 1310, E � 02 A2 O yv� gL$ �1N �gY � FINAL MAP REVIEWItD BY ZBA SEE DECISION # 3I31---' DATED_& / 10 -(i? ��-Hr �►1'bt?lo N Y.S. Ur a �g SURVEY OF PROPERTY Nath d� 1 t 2018 �>� SHAM MBE F �" SITUATE THE IAr S RIMUF•S DRfID SEAL FM Fo SEAL W.L Nm' BEC COt6mERED Land CUTCHOGUE �b� TOWN OF SOUTHOLD s SUFFOLK COUNTY, NEW YORK ' S.C. TAX No. 1000-110-05-20 718° Surveys — SL6drv5ro — Site Plan — ConshucEONE SCALE I"=30' F' PHONE (631)727-2090 Fax (631)7: AUGUST 15, 2018 s 3y, _ • THE EXISTENCE OF RIGHTS OF WAY 1586 Mon RoodP.0 'aa ;O. ANO/OR EASEMENTS OF RECORD, IF Jame rt. New York 11947 AREA = 22.519 sq. ft. o t r Y O 0.517 ac. �g1 0. 1101 ° o�� m isb ;�• . F -• C_ERTIFIED TO THEODORE BOUTZALIS ANNA M. BOUTZALIS sem• ; a. 1 so �" '� • - •' - AUG 2 9 2018 i G `moo s&� y ..I�¢k'�JR�•F E�°� °.R,. .• . SIIIIMIPIG DEIPT. ,A •Z�,L15 gq?�t'>t•r.•,"f1TTJ'Jif11L1 v�• v� •�,TH W-1 •• a STANDARD w rRLTWCE NOH THE TABUSM saNDARDa FDR TRIS SURVEY^u AS FS7ADUSHm Of THE LIALS AND APPROVED AM ADOPTED FDR SUCH USE Nf THE HEW YDRX STATE UNO ATI E ASSOCIATION. I X 'y °10,S >� d�0rg�8gT00 FINAL MAP REVIEWItD BY ZBA SEE DECISION # 3I31---' DATED_& / 10 -(i? ��-Hr �►1'bt?lo N Y.S. Ur urWnNwuzm ALTvr"noN oR ADOIImN TO ANIS SUHNET' L4 A NOIATgN OF EDuranox uv SO"T�"�°" °" "� �` �'"'� Nath ft Corm �>� SHAM MBE F �" THE IAr S RIMUF•S DRfID SEAL FM Fo SEAL W.L Nm' BEC COt6mERED Land Surveyo TO BE TI - • - --.. _ ro RE A vAUD TRUE Co" - CERT=A=l?; wa1G MEAEDN SHNL ROx 718° Surveys — SL6drv5ro — Site Plan — ConshucEONE PHONE (631)727-2090 Fax (631)7: OFFICES LOCATED AT LMLLING A THE EXISTENCE OF RIGHTS OF WAY 1586 Mon RoodP.0 80 ANO/OR EASEMENTS OF RECORD, IF Jame rt. New York 11947 .lamwnrvl- Naw TYPESET Wed Jan 08 10 15 11 EST 2020 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 6, 2020 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of South- old, the following public hearings will beheld by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York on THURSDAY, FEBRUARY 6, 2020 9:30 A.M.-ROBERT YEDID #7309-(Ad- joumed from October 10, 2019) Request for Variances from Article iII, Section 280-15; Article XXIII, Section 280-124, and Building Inspector's March 22, 2019, Notice of Dis- approval based on an application to legalize an "as built" accessory swimming pool and an "as built" accessory shed, at, 1) accessory shed located less than the code required side yard setback of 5 feet, 2) accessory shed lo- cated less than the code required rear yard setback of 5 feet, 3) "as built" construction is more than the code permitted maximum lot coverage of 20%, located, at 230 Hippodrome Drive, Southold, NY SCTM No 1000-66-2-25 9:40 A.M. - DONNA M. WEXLER, DONNA M. WEXLER REVOCABLE TRUST AND RODNEY T. QUARTY #7363 - Request for Variances from Article iV, Section 280-18 and the Building Inspec- tor's September 30, 2019 Notice of Disap- proval based on an application for a subdivi- sion of merged properties at, 1) both proposed lots will be less than the code required mini- mum lot area of 40,000 sq ft., located at 1275 West Hill Road and 1175 West Hill Road, Southold. NY SCTM#1000-70-4-22 and 1000-70-4-23 9:50 A.M. - EILEEN AND ROY SCHUMACHER #7372 - Request for Variances from Article XXIII, Section 280-124 and the Building inspector's October 24, 2019 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at, 1) located less than the code required front yard setback of 35 feet (Holden Avenue), 2) located less than the code re- quired front yard setback of 35 feet (Southern Cross Road); located at 980 Southern Cross Road, Cutchogue, NY SCTM#1000-110-5- 49 10:00 A.M. PANAYIOTIS BASIOS #7364 - Request for a Variance from Article XXII, Section 280-116A(1) and the Building In- spector's September 25, 2019 Notice of Dis- approval based on an application for a permit to construct an accessory in -ground swim- ming pool at, 1) located less than the code required 100 feet from the top of the bluff, located at 2505 Soundview Avenue, (Adj to the Long Island Sound) Mattituck, NY SCTM# 1000-94-1-12.2 10:10 A.M. SUSAN BLAZOWSKI #7365 - Request for a Waiver of Merger petition under Article 11, Section 280-10A, to unmerge land identified as SCTM No 1000-70-8-41 which has merged with SCTM No 1000-70-8-40, based on the Building Inspector's October 18, 2019 Notice of Disapproval, which states that a non -conforming lot shall merge with an adjacent conforming or non -conforming lot held in common ownership with the first lot at any time after July 1, 1983 and that non- conforming lots shall merge until the total lot size conforms to the current bulk schedule requirements (minimum 40,000 sq ft in the R-40 Residential Zoning District), located, at 75 Clearview Avenue, Southold, NY SCTM Nos 1000-70-8-40 & 1000-70-8-41. 10:20 A.M. - JUDITH EVANS #7366 - Re- quest for a Variance from Article III, Section 280-15 and the Building Inspector's Septem- ber 18, 2019 Notice of Disapproval based on an application for a permit to construct an accessory in -ground swimming pool at, 1) located in other than the code required rear yard, located at 1120 Willow Drive, Green- port, NY. SCTM#1000-40-2-6.8. 10:30 A.M. - BRYAN NICHOLSON AND SCOTT BOGER #7367 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's August 27, 2019, Amended December 6, 2019 Notice of Disapproval based on an application for a permit to construct a single family dwelling at, 1) located less than the code permitted side yard setback of 10 feet; 2) located less than the code permitted combined side yard setback of 25 feet, located at 155 Bridge Street, Green- port, NY SCTM#1000-34-3-45. 10:40 A.M. - ROBERTA ALIFANO #7368 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 16, 2019 Notice of Disapproval based on an application for a permit to con- struct additions and alterations to a single family dwelling at, 1) located less than the code permitted rear yard setback of 35 feet, 2) located less than the code permitted side yard setback of 10 feet, located at 1500 Grand Avenue, Mattituck, NY SCTM#1000-107-3- 13. 1:00 P.M. - BARBARA BECKER #7369 - Request for a Vanance from Article XXII, Section 280-105C(3) and the Building In- spector's October 18, 2019 Notice of Disap- proval based on an application for a permit to construct a deer fence at, 1) more than the code required maximum four (4) feet in height when located in the front yard, located at 38015 NYS Route 25, (Adj. to the Long Is- land Sound) Orient, NY SCTM#1000-15-2- 158 1:10 P.M. QJSG PROPERTIES, LLC #7371 - Request for a Variance from Article XXII, Section 280-105C(3) and the Building Inspector's October 18, 2019 Notice of Dis- approval based on an application for a permit to construct a deer fence at, 1) more than the code required maximum four (4) feet in height when located in the front yard, located at 38015 NYS Route 25, (Adj to the Long Is- land Sound) Orient, NY. SCTM#1000-15-2- 157 1:20 P.M. - ERIC FREND #7370--Request-- for a Variance from Article XXIII, Section 280-124 and the Building Inspector's October 7, 2019, Amended October 30, 2019 Notice of Disapproval based on an application for a permit to construct an accessory shed at, 1) more than the code permitted maximum lot coverage of 20%, located at 3690 Great Peconic Bay Blvd , Laurel, NY. SCTM#1000- 128-6-6 1:30 P.M. - KENDALL TODD #7373 - Re- quest for Variances from Article XXIII, Sec- tion 280-124 and the Building Inspector's No- vember 6, 2019 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and to construct a single family dwelling at, 1) located less than the code required front yard setback of 35 feet, 2) located less than the code required rear yard setback of 35 feet, located at 670 Bayview Drive, (Adj to Spring Pond) East Marion, NY SCTM#1000-37-5-3 1:40 P.M. - WILLIAM GORMAN #7303SE - (Adjourned from December 5, 2019) Request for a Special Exception pursu- ant to Article III, Section 280-13B(1), the applicant is requesting to convert a single family dwelling to a two-family dwelling, located, at 45805 NYS Route 25, -Southold, NY. SCTM No. 1000-75-2-14. 1:50 P.M. - WILLIAM GORMAN #7302 - (Re -opened on December 19, 2019) Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's March 18, 2019, Amended December 2, 2019 Notice of Disapproval based on an application to construct a front porch addition to an existing single family dwelling currently under con- struction (BP#42160) and to alter an existing building to an accessory storage building; at, 1) Dwelling is located less than the code re- quired minimum front yard setback of 40 feet; 2) Accessory structure is located in other than the code permitted rear yard, located, at 45805 NYS Route 25, Southold, NY. SCTM No 1000-75-2-14 2:00 P.M. JOAN COOKE #7342 - (Ad- journed from December 5, 2019) Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's June 11, 2019, Notice of Disapproval based on an ap- plication for a permit to amend an existing building permit #42432Z for additions and alterations to a single family dwelling; at, 1) less than the code required front yard setback of 35 feet; located at 2205 Bay Avenue, East Marion, NY. SCTM No. 1000-31-17-6. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit writ- ten statements before the conclusion of each hearing Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please contact our office at, (631) 765-1809, or by email. kimf@ southoldtownny gov Dated: January 16, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Kim E Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailmg/USPS) P.O. Box 1179 Southold, NY 11971-0959 2438490 46002438490 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 01/16/2020 . Principal Clerk Sworn to before me this U__ day o4A2.� URIS, NOTARY PUBLIC -STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My Commission Expires Februniy 28, 2020 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 6, 2020 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, FEBRUARY 6. 2020. 9:50 A.M. - EILEEN AND ROY SCHUMACHER #7372 - Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's October 24, 2019 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at, 1) located less than the code required front yard setback of 35 feet (Holden Avenue); 2) located less than the code required front yard setback of 35 feet (Southern Cross Road); located at 980 Southern Cross Road, Cutchogue„ NY. SCTM#1000-110-5-49. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: January 16, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P O Box 1179 Southold NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January 3, 2020 Re: Towri Code Chapter 55 -Public Notices for Thursday, February 6, 2020 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 January 21St : Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing 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 January 28th : 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 January 29th : 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 February 4, 2020. 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. Tlkl.E OF HEARI,,40 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SCHUMACHER, EILEEN SCTM # : 1 000-1 1 0-5-49 �IARIANCE: YARD SETBACKS # 7372 REQUEST: ADDITIONS ALTERATIONS TO DWELLING EATEmm TFEB. 6, 2020 9:50 AM If you are interested in this project, you may review the file(s) prior to the --hearing during normal business days between 8 AM and 3 PM. ZONING -BOARD OF APPEALS -TOWN OF SOUTHOLD (631) 765-1809 Rq1> ally ���-� yzo�, -7� s Chu VA�"�'�`'"' SCTM: 1000-110-S-49 RE: SC U AC ER Property Address: 980 Southern Cross Road, Cutchogue, NY 11935 RECEIVED 02/03/2020 LFEB 6 2020 g Board of Appeals Southold Town Zoning Board of Appeals Public Hearing Thursday, February 6, 2020 Response to Certified Mail Re: Patricia C. Moore Attorney at Law dated January 17, 2020 51020 Main Road, Southold, NY 11971 Dear Southold Town Zoning Board of Appeals: Being both a neighbor and fellow community volunteer of Eileen and Roy Schumacher 1 am pleased they have chosen to make improvements to their full-time residence and remain in the Fleets Neclk Community which they both serve and enjoy. The modest modifications for which they are seeking approval are in keeping with the original single -story ranch design. Situated on a well landscaped corner lot the thoughtfully designed modifications will lend themselves to continued inviting curb appeal while providing the roominess being sought. My hope is that you approve this practical variance and the Schumacher's residence enables an improvement in their ongoing quality of life. Cordially, Paul Silansky 770 Pinewood Road, Cutchogue, NY 11935 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SCHUMACHER Appeal # 7372 SCTM Parcel #1000 -110-5-49 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) ���EIVEp JAN 2 3 2020 "ling Board or App AFFIDAVIT eals s OF MAILINGS I, JULIA SPANBURGH, residing at Riverhead, New York, being duly sworn, depose and say that: On the 17TH day of January, 2020, 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. Sworn to before -me this day f M20 (No Public) BETSY A. PERKINS Notary Public, State of New York No. 01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18, 6 Complete items 1, 2, and 3. ■ Print your name and address on the reverse - so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I 1. Article Addressed to: I L Norris P J Fam Trt j 930 Holden Ave j Cutchogue, NY 1193 5 ❑ Agent t ❑ Addressee B. Received by (Printed Name) C.ate e Pnlr,,ciaDrri m , D. Is delivery address different from item 1 ru If YES, enter delivery address below: • 07 a U7 0 ,� k z rRCertified ail Fee Ir $ FKdra Services & FeeS (chackbox addfee as appropnate) I IIIIII ❑ Return Receipt (hardcopy) $ I I IIIIIII r3 r3 ❑ Return Receipt (electronic) $ []Certified Mali Restricted Delivery $ r re O ❑ Adult Signature Required $� Adult Signature Restricted Delivery $ N Puma CI Q Postage ® E:3 I f m f y / CO P J Fam Trt �I o r\ Norris 930 Holden Ave �^ ` ------------------ ------ ---------- 6 Complete items 1, 2, and 3. ■ Print your name and address on the reverse - so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I 1. Article Addressed to: I L Norris P J Fam Trt j 930 Holden Ave j Cutchogue, NY 1193 5 A. Signature X ��(r r ❑ Agent t ❑ Addressee B. Received by (Printed Name) C.ate e Pnlr,,ciaDrri CO ®� D. Is delivery address different from item 1 iv If YES, enter delivery address below: No Ii l l� Er r -i �\ Er Certfie Mail Fee I IIIIII I I IIIIIII r_=l Extra Services & Fees (checkbox, add'- as El Return Receipt(hardcapy) $=pro date O l� ❑ Return Receipt (electronic) ❑ Certified MallRestricted Delivery N Puma CI $ ❑Adult Signature Required $�a\ Here (d Q ❑Adult Signature Restricted Delivery $ I Qr Postage f IT! ❑ Insured Mail El Insured Mail Restricted Delivery �I o Claire Chambrun 840 Pinewood Road Cutchogue, NY 11935 :______________ «- A. Signature X ��(r r ❑ Agent t ❑ Addressee B. Received by (Printed Name) C.ate f Deliv Pnlr,,ciaDrri i j D. Is delivery address different from item 1 Yes ; If YES, enter delivery address below: No Ii l l� PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt •i 3. Service Type ❑yMail 1 s® IIIIIIIIIIIIIIIIIIII III I IIIIII I I IIIIIII III III ❑ Adult Signature ❑Adult Signature Restricted Delivery ❑ Registered MailTm ' El Registered Mail Restricted-; 9590 9402 5283 9154 8599 95 ❑ Certified Mail® ❑ Certified Mall Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise i 2. Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM ) ❑ Insured Mail El Insured Mail Restricted Delivery ❑, Signature Confirmation . Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt •i ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card, to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Paul Silansky 770 Pinewood Road Cutchogue, NY 11935 IIIIIIIII IIII IIIIIII IIIIIIIIII IIIIIIIIII III III I 9590 9402 5283 9154 8599 88 i 2. Article Number (Transferfrom service label): . If i! a ii li i•fi [i e PS Form 3811, July 2015 PSN 7530-02-000-9053 j ■ Complete items 1 2 and 3 ` ■ Print your name and address on the reverse so that we can return -the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I I Claire Charnbrun 840 Pinewood Road Cutchogue, NY 11935 VIIINI�IIYIN�IIflIWII�IIA�II�I 9590 9402 5283 9154 8599 71 2. Article Number (Transfer from service 1 PS Form 3811, JUIj/ 2015 PSN 7530-02-000=9053 1 ■ Complete items 1, 2, and 3. f■ Print your name and address on the reverse S so that we can return the card to you. i ■ Attach this card to the back of the mailpiece, or on the front if space permits. k - 1. Article Addressed to: x Martin &Leslie Pearl 1539 Whispering Oaks Circle Naples,',FZ 33110 i IIIIIIIII IIII IIIIiII llllllllll lllllllll IIII II 9590 9402 5283 9154 8599 57 i 2. Article Number (Transfer from service label) i PS Form 381-1, July 2015 PSN 7530-02-000-9053 A. Si97ature 13 Agent ,t X1 4!1,111�00 Addressee B. Received by (Print d Name) C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No Domestic Return Receipt ;A. Signature;t Xli�%ti%I-( ��1/ ❑Agent ❑ Addressee B: Received by (Printed Name) C. Date of De).20 very 21 D. Is delivery address different from item 1? Yes If YES, enter delivery address below: ❑ No 3. Service Type 3. Service Type ❑ Priority Mail Express@ ❑ Registered MadTm ❑ Adult Signature ❑ Registered MallTM ❑ Certified Mail@ ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Return Receipt for ❑ Certified Mail@ Delivery ❑ Collect on Delivery Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Signature Confirmation ❑ Collect on Delivery Merchandise (over $500) Q Collect on Delivery Restricted Delivery: 11Signature ConfirmationTM 13Insured Mad' ❑ Signature Confirmation (' O Insured Mat(Restricted Delivery' f f f Restricted Delivery Domestic Return Receipt ;A. Signature;t Xli�%ti%I-( ��1/ ❑Agent ❑ Addressee B: Received by (Printed Name) C. Date of De).20 very 21 D. Is delivery address different from item 1? Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mad Express@ ❑ Adult Signature ❑ Registered MadTm ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ❑ Certified Mail@ Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmationTM ❑ Insured Mad ❑ Signature Confirmation ❑ Insured Mal Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt .I A. Signature X r ❑ Agent ddressee B. Received (Printed Name) C. ale o elivery L.- L a r I) �11�+�3 D. Is delivery address different from item 14 ❑ Ye If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express@ ❑ Adult Signature ❑ Registered MaiITM ❑ Adult Signature Restricted Delivery ❑ Certified Mail@ ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation"^ ❑Insured Mail 13 Signature Confirmation E] Insured Mall Restricted Delivery Restricted Delivery (over $500) - Domestic Return Receipt ON 1l '• o. Dom�stic Wil Only ti Ir FU Certified Mad Fee IP- $ r:I t; Er$ Certified Mail Fee O ❑ Return Receipt (electronic) $ _ 1 ri Extra Services & Fees (checkbox, addle; ❑ Return Receipt (hardcopy) $ _ p ❑ Retum Receipt (electronic) $ _ C3 ❑ certified Mall Restricted Delivery_ $ _ O ❑ Adult Signature Required $ _ Adult Signature Restricted Delivery $ _ O Q-, Postage C3' M Mercado Eilleen Trt N li Paul Silansky - 770 Pinewood Road Cutchogue, NY 11935 � l 0 Ir r- rq V, ri i � Certified Mall Fee Ir $ Extra Services & Fees (check box, add fee as appropde ❑ Return Receipt (hardcopy) $ r3 ❑ Return Receipt (electronic) $ 0 ❑ certified Mall Restricted Delivery $ p ❑ Adult Signature Required $ !!!f ❑ Adult Signature Restricted Delivery $ PostageEr -- — --- — — C M `Or -I Martin & Leslie Pearl 0 1539 Whispering Oaks Circle r - Naples, FL 33110 ,0 Ln ru Er r` Ir r� O 0 Er O M a N o. Dom�stic Wil Only ti Ir Certified Mad Fee Er $ Extra Services & Fees (checkbox, add fef ri ❑ Return Receipt (hardoopy) $ _ O ❑ Return Receipt (electronic) $ _ C ❑ Certified Mail Restricted Delivery $ _ O ❑Adult Signature Required $_ ❑ Adult Signature Restricted Delivery $ _ " PostageEr O M Mercado Eilleen Trt N li 725 Holden Ave - -Cutchogue, NY 11935 l 0 Ir r- rq V, ri i � Certified Mall Fee Ir $ Extra Services & Fees (check box, add fee as appropde ❑ Return Receipt (hardcopy) $ r3 ❑ Return Receipt (electronic) $ 0 ❑ certified Mall Restricted Delivery $ p ❑ Adult Signature Required $ !!!f ❑ Adult Signature Restricted Delivery $ PostageEr -- — --- — — C M `Or -I Martin & Leslie Pearl 0 1539 Whispering Oaks Circle r - Naples, FL 33110 ,0 Ln ru Er r` Ir r� O 0 Er O M a N ■ Complete items 1, 2, and 3. A. Signa t ■ Print your name and address on the reverse X 13 Agent so that we can return the card to you. ❑ Addressee B. Re iv y tinted Name)ate of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. T 1. � Article Addressed to: �-- --- ^ D. Is delivery address differe f �, item l7 ❑� s�� l If YES, enter delivery ad fes i bel: ❑ �v Stephen & Charlene Pinzino 2 32024 85-Nassau Ave (�'s�S Manhasset, NY 11030 3. Service Type ❑ Priority Mad Express@ II I I I 'I IAdult Signature Signature Restricted Delivery❑ ❑ Registered MadTM'Adult Registered Mail Restricted 9593 9154 8600 07 Wer ❑ Certified Mail@ ❑ Certified Mad Restricted Delivery Delivery ❑ Return Recelpt for ollect on Delivery Merchandise 11 Collect on DeliveryRestricted Delivery ❑Signature ConfirmationTM ,^ 2. Article Num s i bel) ❑ Insured Mail ❑ Signature Confirmahori ❑ Insured Mail Restricted Delivery , Restricted Delivery` (over $500) i PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return�Receipt ; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT POSTING #7372 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-110-5-49 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) -73 7D xQ,ihej I, PATRICIA C. MOORE, of Southold, New York, being duly sworn, depose and say that: On the 28TH day of January, 2020, 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 THURSDAY, February 6, 2019 at 9:50 a.m . Xatriciaoore Sworn to before me this S day of V,P-b ,a� BETSY A. PERKINS Notary Public, State of Now York No. 0 I PE6130636 Qualified in Suffolk County Commission Expires July 18,-29L-- BOARD MEMBERS Leslie Kanes Weisman, Chairperson Patricia Acampora Eric Dantes Robert Lehnert, Jr. Nicholas Planamento February 24, 2020 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Mr. Moore; http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Re: ZBA Application #7372 Schumacher, 980 Southern Cross Road, Cutchogue SCTM No. 1000-110-5-49 Transmitted for your records is a copy of the Board's February -20, 2020 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, 1-4 Kim E. Fuentes Board Assistant Encl. cc: Building Department