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7386
9100 37 , 73 /0,/ bu IG ZZ) Mywaa-) -D'el Lfl,r-V 64V�Jleru) SL) po 0' "`fi C-Ab 5V6-�, Ak—oelell et r "117IA57. AAS e&04AL(VIeu-) lb. I Z K/7 -CA C50 S :k hook l aC i -511)6 YA61 rpr- CHECK BOXES AS COMPLETED ( ) Tape this form to outside_ of file J ( ) Pull ZBA copy of ND ' � o Q .� ( ) Check file boxes for pri0 CL ( ) Assign next'number on outside of file folder c ( ) Date stamp entire brigi file number m o rn X o a Q Z CD CD ( ) Hole punch entire origii 1 m oo oor i T sv (before sending to T.C.J cn Q- x. ( ) Create new index card i5 T � ( ) Print contact info & tap; - ( ) Prepare transmittal t©.1 -4 ( ) Send original appl,icati;xx y to Town Clerk ( ) Note inside file folder w and tape to inside offal I ( ) Copy County Tax Map, . ,r neighbors and AG lots a (- ) Make 7 copies and put, , ( ) Do mailing label , 9 , Cal 1/0, Lh1 Ila(1z " l 61d--0-D-0 M AG7 L oeb 2S BOARD MEMBERS QF $®(/ Southold Town Hall Leslie Kanes Weisman,Chairperson �� Tiy® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. • CoQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'c®U Southold,NY 11971 Km E GENE® http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD lut UL 2 9 2020 Tel.(631)765-1809-Fax(631)765-9064 l.G• Sold Town FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 16, 2020 ZBA FILE: #7386 NAME OF APPLICANT: 860 Bayview Drive, LLC PROPERTY LOCATION: 860 Bayview Drive(Adj. to Spring Pond),East Marion,NY SCTM: 1000-37-5-10.1 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 1I 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 January 30, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfi•ont Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 16, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject parcel is a non-conforming .691 acre waterfront lot consisting of 30,099 square feet located in the R-40 Zoning District. The parcel is oddly shaped with 98.38 feet bordering Spring Pond and runs 116.36 feet on the west side of the lot, then it bends northwest and runs 42 feet where it meets up with Bayview Drive. The parcel runs 37.98 feet along Bayview Drive, then runs 131.44 feet east before turning northeast an additional 90 feet, then 60.83 feet along Knoll Circle followed by an `S' curve along the same road measuring a radius of 20 feet with a length of 31.45 feet and a radius of 50 feet with a length of 52.47 feet then returning 123.3 5 feet on the southeastern property line. The property is improved with a one and a half story wood frame house with a multiple car garage accessed at the basement level, decking with patio below, an in- ground swimming pool with stone patio and a covered patio and outdoor kitchen and a second,two-car garage ("as built" subject of this application) attached by a utility room. The property is further improved with stone and concrete walks and retaining walls, a gravel driveway accessed from Bayview Drive and a second driveway accessed via Knoll Circle and a concrete retaining wall adjacent to the waterfrontage on Spring Pond. There is also a fixed wooden dock, wooden ramp and wood floating dock as shown on the survey prepared by Kenneth M. Woychuck, L.S. dated March 1, 2016 and updated to include the garage roof overhang, dated January 16, 2020. Page 2,July 16,2020 #7386, 860 Bayview Drive SCTM No. 1000-37-5-10.1 BASIS OF APPLICATION: Request for a Variance from Article 111, Section 280-15F and the Building Inspector's January 6, 2020 Notice of Disapproval based on an application for a permit to legalize an, "as-built" accessory garage; at, 1) less than the code required minimum front yard setback of 40 feet; located at 860 Bayview Drive, (Adj.to Spring Pond)East Marion,NY. SCTM No. 1000-37-5-10.1. RELIEF REQUESTED: The applicant requests a variance to legalize an "as built" accessory two-car garage, measuring 20 feet by 20 feet, located in the front yard with a front yard setback of 36.6 feet where the code requires such improvements to be located at a minimum of 40 feet from the front yard lot line. This encroachment is caused by a portion of the "as built" garage (corner), approximately 3 square feet and the structure's eaves that extend 2 feet beyond the building's footprint. ADDITIONAL INFORMATION: The applicant's agent, in a prior appeal, indicated that the subject parcel is among the largest in Gardiner's Bay Estates. The property consists of two merged lots: SCTM#'s: 1000-37-5-7 and 1000-37-5-10. Three prior ZBA applications were granted on the subject property: #5788 on January 20,2006 which granted construction of a new dwelling; #6829 on February 24, 2015 which granted construction of an accessory deck; #7125 granted January 2018 permitted construction of an in-ground swimming pool and outdoor kitchen. During the site inspection, it was noted that the subject property is well landscaped and screened from all sides. No member of the public or immediate neighbor offered comment regarding this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 9, 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 X267-b(3)(b M. Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Gardiner's Bay Estates is a private, bay front community consisting of residential lots developed in the mid-20th Century on small, irregular-shaped parcels accessed by narrow country lanes nestled in a hilly, woodland setting bordering tidal wetlands, creeks and a sandy beachfront. Many of the neighborhood homes have undergone substantial renovation taking advantage of views and access to association amenities. Lots 7 and 10 are merged making the total lot area of the subject parcel more conforming but created two front yards. While the accessory garage was built without the benefit of a permit and could have been built to conform to the Town Code, the "as built" structure slightly encroaches into the code required setback and is not discernable or perceived as "out of character"to the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. As a result of the merging of the property owner's two lots, two front yards were created and in order for the applicant to have the benefit of an "as built" accessory garage an area variance is required. The structure is already built and it is not possible to relocate it or reduce it in size to make it more conforming to the code. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 8.5% relief from the code regarding the"as built" accessory garage. However, given the natural terrain of the site, dense landscaping, and limited public site access, any impact on the neighborhood will not be discernable from the road or waterway known as"Spring Pond". Additionally, only a corner of the"as built" garage,measuring approximately 3 square feet, and the structure's eaves that extend 2 feet beyond the building's footprint, encroach into the code required front yard setbacak. Page 3,July 16,2020 #7386, 860 Bayview Drive SCTM No. 1000-37-5-10.1 4. Town Law $267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built" accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Acampora, and duly carried,to GRANT the variance as applied for, and shown on the architectural drawings labeled Al-A5 and prepared by Mark K. Schwartz, R.A, dated January 9, 2020; and the survey prepared by Kenneth M. Woychuck, L.S. date revised January 16, 2020. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No further expansion, alteration or the addition of loft/partial or full-story of the accessory garage building, facing Knoll Circle, shall be permitted. 2. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s) within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within six months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 4. At the discretion of the Board of Appeals, failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void Page 4,July 16,2020 #7386, 860 Bayview Drive SCTM No. 1000-37-5-10.1 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)Acampora,Dantes,Lehnert, and Planamento(5-0). c L e Kanes Weisman, Chairperson Approved for filing // ;2020 S.C.T.M.# DISTRICT: 1000 SECTION: 37 BLOCK: 5 LOT: 7 & 10 BAYVIEW DRIVE .lam d 4. �'-`'�• . '~ �` JAN 17 2020 Zoning hoar 0101 0. > �IL !". 0. lie A• 3 0001, W WILLIAM G./H n, JR. W y & EDNA A. HEMPEL cV o0 LOT O Q: U" M LOT 2Q `�✓, • N 88'53'39" E 131 .44' bc W :; . • Z d, ' � IAN. FOUND NAIL ROOF EAVES 2s ��• H .. .• •..% o.a'w. c�Nc YON. 24" OVERHANG LO'f t� METER-' r. .a.r•' •• .•a �. CESSPOOLS 1 .•.:.•.'.•:.'202':.'.•.•.•.• �r12 / 4.- ° • 1r .' 'DRAIN � ` T � Q TANK i• Q 1 . %.I STY_.:.:..'.' / r,.d+ • ra :a Q �: :ERM.'•'•;;o j / •: _;� • . W, sTONe Q r. 1 : GARAGE::':N �' •, r ' dar. & STEPS T. s (n ;;: :' /Vo• ..�.• `' , a -ILI s UIP �3) NR GOND. UTIUP'I ..: / s�,. '•: ., a. ~~ Post NR5 ROOM '' ^ --- SF •� �O. �. r ' ! • '}I • •. PO H er:.............:................... 8 W � d ' A2q'firqct t ik ; .d..•` a v .' .' W,::::.: . 1— .FRc,,......_.;....._ ,....': O r •112 STORYDRNN OS &.� ... ::::::::::::::::: 23PA TIC d , / a . ; • i' .° • / �(� r: }. 0 : d '.. '.'.'.'.'.''' S'EMENT 2-:::':'. ELEV. ..:.:.:.:.:.:.:FL 3 . ..•.......' .••• ••': : ..:.:... :. . ....�O .N • . .� d 0 0 .2 C - 4. GROUND:':':::': o tILEVE ::::53.g•..:.:..':.':::..'..':..':.:.':. :;:;..'SWpoMING :'' : STONE • O :.:._.._.:: .� ::.:......:.:.:.::: PATIO o �� O WOOD .....5 z36'::':::::: v ' / O J . . . DECKSTONE + \ PATIO �. / ! !L �• > yO��'A� ❑ r Mh ra �. ❑ , ❑ FINAL MAP, °� !/IEWED Blip ZBA 0 N o� 01 RE s C ❑I �( ZONE x v SEE DECISION ## �Z ' � ❑ DATED 1-L o ?oHE LA y @ ❑ 4f 0. I a ❑ r hRi v • S AL ❑ DlygRp AL �o AL AL w A6 Vk& AL AL ADD ROOF OVERHANG 01-16-20 AL 44 LOC./UNDER—CONSTRUCTION 12-01-19 ' d ,p�j THE WATER SUPPLY, WELLS, ORYWELLS AND CESSPOOL p•6jp p� •N'j 1 +, V` y AL THE SHOWN ARE FROM F/ELD OBSERVATIONS ` � 6 til • ����• ti�,0 Up TOTAL AREA = 30,099 sq. ft. AND OR DATA OBTAINED FROM OTHERS S �•�j gp �P �• AREA: (TO TIE LINE) 0.691 cc. ELEVA7701V DATUM: +,1' O UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF 7HIS SURVEY •� 'J,, MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 717LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION a LISTED HEREON, AND t0 7HE ASSIGNEES OF THE LENDING INS7177)710N, GUARANTEES ARE NOT TRANSFERABLE. 0. THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO 7HE STRUCTURES ARE FOR A SPECIFlC PURPOSE AND USE THEREFORE THEY ARE Is W NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, AD01710MAL STRUCTURES OR AND OTHER IMPROVEMENTS EASEMENTS '� ;' 0►. AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY Oi0 ;� SURVEY OF: LOTS 20-24 INCL. CERTIFIED TO: JOSEPH G. CIAMPA MAP OF: GARDINERS BAY ESTATES, SEC. TWO FILED: SEPT. 23, 1927 as No.275 SITUATED AT: EAST MARION POND Towne OF: SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SPRINGSUFFOLK COUNTY, NEW YORK t Professional Land Surveying and Design P.O. Boa 153 Aquebogue, New York 11931 FILE # 16-13 SCALE: 1"=20' DATE: MAR. 1, 2016 PHONE (631)298-1588 FAX (631) 298-1588 N.Y,S. LISC. NO. 050882 maintaining the records of Robert J. Hennessy R Kenneth W. •oychuk RI VIS:O\� I JAN 17 Z02a II .._ I Fll I - - - _._- _ - _- - �- --- '�- �- -- r77 .JLj I i r r I t I )-' ) � ��• '; � � ) � .'I t� ' t� 1 '1- 1_ l 1- 1� J `i '!� �_ ,1 r— t 1 ) )T � _.- __ i )� � ;+ ! � / ) �� ; � .P_ - . .. _ { �.\/ ,~ / ,.`I ,.\/ •-�/ �J-,,/ '�,,I � J `�.• '-,/ '.I `�I i' '� _, ... �� �I '.I I` e/ _._- `I_ �/ �/ �'�.r �`,,I �`.. U. ( U PROPOSED SOUTH ELEVATION > > } SCALE:1/4"= 1'•0" �� c 7. C •> < y F FINAL_ MAP oc REVIEWED BY ZBA SEE DECISION # _ ATE a _ Lr .. ® � 0 _ i u Lr u j - - ® l �ffi 1-2 2L it r H+ }► ,'q�Oj\' URANM\fH \1S JOB PROPOSED EAST ELEVATION' 4 SCALE•• 1/4" = 1'-0" ��rd sn�t:T\t SII+LR: A_1 Rh\'I�lI�NS c 'tea.- - z 0 z 3 > 7 00 = a ' C _ FINAL MAP C! ^ E REVIEWED BY ZBA PARTIAL WEST ELEVATION SEE DECISION # �3 �0 z " AL PARTIAL NORTH ELEVATION � � � �� � C, �=-, SCALE: 1 4 DATED ( a 0 x s _ v W DRAWN:\111 MS a Fit N � a 3 x V x a j' �.i t p iTl'„ Sl.ALF �' y) !ll '' JOB a. SJUTNUMBil: A �I /w•i A_2 PIN 11 1(As 48 FIN.FLOOR - RETA:NING WALL TO .• a. 1 e n s• 'a. e OVERLAP FOUNDATION I ` p .• e• e n M,N,18" 4 ; JAN 17 2020 I EXISTING —J" BLUESTONE BLUESTONE ?'_^' PC WALL i I CAP ° - EL,12 EL.12 CAP r �� [,�'•---____,_.:. - B ' 1 g 48 � x 48 1 M4 REBAR 9 I'-0"OC � t 04 REBAR k4 REBAR EPDXY(MIN.2)INTO ; •I ' G (3 2'•0"OC CULTURED STONE a 2'-0"OC EXISTING FOUNDAT!ON PROPOSEDGARAGE........................... ARAGE c .�..I EACH WAY T MATCH HODS -H EACH WAY `-•---•-- ..... "a ......... ._......._ • •- - - - ---- -•t --- i ----.. 4'PC SLAB(PITCH TO OH DOORS; c 6X610'10 WMM OVER COMPACTED SOIL CONCRETE:3500 PSI PAVERS EL.7.5 I CONCRETE:3500 PSI EXISTING SLAB 00 STEEL:60 KSI 00 STEEL:60 KSI EXISTING(STEP)FOOTING(VIF) I t 2"-8" _�" O 21_ 1. lie (4)N4 REBAR x z 1 0 in UNDERPIN EX.FTG ; Er AS REQU'RED o 4'-8 04 REBAR @ 1'•0" N4 REBAR C 1'•0" OC EACH WAY OC EACH WAY n7'-A, " _'-�" -�• " p RETAINNG WALL DETAILS 4 4 SCALE:3/8"s V-0" =1� 1• 2' 1 VI z BLUESTONE,BRICKBLUESTONE, 1 ORAVERS 1 ... -----------•-----•----•------•-- -'.- ....... ---81�EE2�VA�'-- -- - � •• OR PAVERS OR PAPERS R4 EPDXY COATED 44 EPDXY COATED POOL E>?LL!Ph'F_N? �.q REBAR 24"OC EACH WAY REBAR 24"OC EACH WAY ' Q SLAB 6X610'10 W114\1 SLAP 6X610!10 WM'.1 HAUNCH ' �` — HAUNCH 4"CONC.SLAB 4"CONC,SLAB 1 6'GRAVEL 6"GRAVEL y RETAINING WALL TERMINATION TBD IN FIE:D i - RETAINING WALL 1 M4 EPDXY COATED , REEAR 12'OC CONCRETE ALL FILL BENEATH CONCRETE SLABS TO BE SHELF CONC. STUD\','ALL(TBD +...... COMPACTED TO 9595 RELATIVE DENSITY AL1 FILL BENEATH CONCRETE Sl ARS TO BE (3)2X12 GIRDER ASTM D-689.COMPACTION TESTAS NECESSARY, COMPACTED TO 95U5 RELATIVE DENSITY 'AASONRAND GARY FIREPLACE IRE LA ` ASTM D-669.C0.'.1D.ACTICN TEST AS NECESSARY. , A C w BE ADJUSTED IN FIELD v AS REQUIRED WITH 4 p x MASON AND G.C. A v PATIO DETAIL I ' I ' 1 1 1 � • N I •---- .... ...... ..... C ... ......... _ .._.__._.. r ry PROPOSED �pp��-pAV1tt z � OOR KITCHEN AREA ' PROPO OUSE -� � •� •�'� 4 E'!LING ............. OUTD �, •„ ^` Y." •°"•'.;.{',•�,�,„-•, CATHEDQALCEILING D = . i •++^« - ,k r r P 191.0 Sq ft a ro TO BE DETER:M1•;NED 7 c—y a' •�, .$c., q a `.9F MORTAR l 4f'N• ''ySy”r _ _-_- E"TILE BAND , ' I ,; M C j 4 tii �• xwb K' 1 ,-:� ='•'?�e�a.a�a:.J..-t�ei.:...P >, If dF'� �:,��, t� i � C x" c3 x wx6X6ACQPI2 FG OST y J 24"X24'PEDISTAL " r1� (3 2X12 GIRDER BASE t¢/36'X36"X12" (3)2X8 HDR (3)2X8 HDR •.•.•.• FTG.!SEE SECT,C-C) = MARPLE DUST Z Oc Rr'304E Tk'3046 m ALL FILL BENEATH CONCRETE SLASS TO BE CO\1PACTED IN "'"•k'' ,:'i`i "_ 12"LIFTS TO 3000 psi TO 9544 DENSITY ASTM D•689. COMPACTION TEST RFQUIRED TEES TO BE PAM B1' �� — 3'—�'." _�" "q' w -••`� :,� OWNER;TESTING?O BEPERFORM1IEDFI'SOIL - � V ----'-- — v' C " d MECHANICS DRILLING.516.221.2333.GENERAL ew CONT' IS RESPONSIBLE FOR ARRANGING TES?LNG. ►3 2:0^OC ROLL UP P00!COVER I CONCRETE: , •3 A,10"OC ETE Coop s fi _ E r� yw ,, .> STEEL600 K, SWIMING POOL TO BE EXCAVATED ONE F007 OVER CE51CN K c SPECIFICATIONS AND SOIL TO BE LEFT ON PRO:ERTY.SOIL z — _ L Q J •- c t1 C TO BE STOCKPILED OR 0.'JFF GRADED(AS PER OWNER)ON 12'TO 3E' � K - •� 31 r•. __, " THE DAY OF EXCAVATON ONLY UNLESS SOIL IS TO BE CARTED /RADIC'.S •-4 ''•� .>. AWAY.SWIMING POOL STRUCTURE TO INCLUDE AMATT OF / (VAR:L$, PROPOSED PATIO ' = x •3 STEEL REBAR TIED.10"ON CENTER FOR W'ALU AND FLOOR, / z i`1 s °..••� - M 1 '''`�"`:: '. �"'"� ON REINFORCED SLA3 $ 4;• � t�� ���,,,-B,_4a�fw.,. .•,�•' � �{ • 5'0'�CENTER FOR ALL BREAKS AND BOND BEAM. T1+E POOL SHELL TO REMADE OF 1.4 DRY GRCUT GUNI?E MIX AT GRADE . F' s.;- :. • o- & •'K Po"_� L ij•- - / SHOT INT 0 THE STEEL CAGE AT A THICKNESS OF NO LESS THAN t if 4t 12'ON THE TOP EDGE OF THE POOL BOND BEAM)AND NO LESS J '` ''• "~ {.� "' THAN S'ON THE\XALLS AND F,OCR.INTER'OR FINISH OF POOL �g' ��•��Y�J'�•S •" Z. TO BE'PEBBLE TECH'DURABLE FINISH,COLORS AS PER OWNER. � FINAL MAP ' 1 � MAIN DRAIN r x. .'4 GUNITE POOL REVIEWED � DEEP END / _ 11-011 6.0 DEE' C el SCALE:]/2" SEE DECISION �# F .. PROPO;ED PATIO ;�.• �,) ON REINFORCED DATED / / 0 `✓ �.,;' ,, ••' `�'' � °O CED SLAB Q dAT RADE Wa 't. ."e•i?^;r.1: r•�'e;1'Gt j,� ; 17"I'�!R'r:F.+-,.•.�•.,y.''. — •— — — — — — — — — — — — — — — — — _. — — — — — f ,.:'a T yra3'>w1w,P6v!!�d^'�+",y^!.-�'II�,•. ",•4 a•[` °w.{�4'..Y„tJa.s-_- . ..1"�p�,yy'.y,.'.r..:t,+6i'.s.:w c -. • u'k ~' ..y., ,k 7 YMerrlr:wRxe....�{._ ..d_ �. �, �. �� ���,.,� �. "X. �. 25'x36'INGROUND POOL Q GUNITE aE kls t. _ - - - - - - - - - - - - - - - - - - - - - - - - W -� - - - - - - - - - - - - * ` q If r 'a� 1 SHALLOW END ,�,. >•. f• t ,. •y'�r ..� •r:i'l. - 4a•^` _r' •r..+fll -'�.�►i•''��. '.v " ., •�•.. r,q •tn'�^-� E r� a i r� A y, jt t • - - , `."'.d-" �. •t• 'lam.• ... „ -�%``Y•°:•�a�''�"L'+.�_�'' Q C: CQ' \i`�'►}):y'�/{C,� r • U'4'T. .b".'', -• i ♦fes- a-" N� •Z. .\`r / ..I EX PATIO BENCH DR.n%N M1III M: ...',,.ate•.. .. . - 'a, , .•�`�.... . St A!h: 5TEP5(TYP) FOUNDATION PLAN. J1,11� I q 262u SUN SHELF SCALE: 1/4"= 1'•0" Sill I.1 N1 MBER: TRENCH MAIN(TYP) A-3 TRENCH DRAIN/T1'P RF\P V 1S. �4118 I 2C_C" 1 IVED t 1 1 t I 1 1 JAN 17 2020 � ; 1 1 � B I 4 8 I i I I � t 1 .. ... -------------- ----•---•---_.. --------- ----------- - t -- N O PROPOSED Gi RAGE 1 1 X 1 ce , N , I p 1 , G W Q X I 1 X b 1 1 1 O 1 � 1 , 1 , ( ; 1 1 m cl 4 a 4 1 1 1 1 1 1 z � u 10';8'C"�VERED V ' �..__BCEEZE%Yl4Y ...................................... •, N N 1 -----_---_-------_-------_-------_-_----------_--_----_-_---__-_-___----_--• z t �1 1 -_ t q I A U 1 1 J I 1 •...............•--...----...•-------••-......-- - ----- •--...-•�-••_... ---•-- -• .......................................... •---....- I I ._ - - s OUTDOOR KITCHEN AREA 0 z y 1 ' TO BE DETERA",'NED r ' OC 1 f! Y M y 1 PROPCSED POOL PATIO ON GRADE u�3 U ` FINAL MAP o REVIEWED BY ZB W PATIO ON GRADE SEE DECISION # DATED /� / o 3 Uf Q BENCH Y ) rt1 STEPS?1'P.) DILAWN:N111 MS "CALLA, EXISTING PATIO SUN SHELF '�_ \� � � dGj )()B FLOOR PLAN �.=N S111 ET UM BI.h SCALE,1/4"_ 1%0" A_4 C 6 JAN 1 7 2020 I 1 t ol- 1 B x B 48 r x 48 , , N � 1 M 1 , I I i 1 1 I I 1 1 I 1 PROPOSED Gj RAGE ; N 1 1 I 1 1 1 M ; 1 1 '^ I I I O I 1 f rLr ......._....T31 i 3'•0' �/ F.G 1 4 F, 1 IFI`I I ; I , Iltl I I II T 10'x8'CpVERED V ........................ III: N I N 1 1 I�i , M III 11��11 I O 1 Fy IAI i If; I 1 1 I� 1 1 1 1 1 1 1 , 1 A A 1 , 1 48 48 U1 , I 1 I 1 1 1 I 1 1 1 J ' x 1 I I > c OUTDOOR KITCHEN AREA Q 3 Z ' TO 9E DETERMINED >1 � i 1 jZ _• L_J �.. C 00 48 r, E k lf. r z If, r C C L C? v:L� PROPOSED POOL PATIO ON GRADE �A/r 1 d U PATIO ON GRADE FINAL MAP REVIEWED BY I BA SEE DECISION # _73S(,o4 DATED I-L I BENCH *6'�� ..ire• .. �W$ STEPS(fYP.) b •1•. \� EXISTING PATIO J� SUN SHELF nR:�1;�:Stu its a SCALE: JoB FLOORPLAN �� C SHhE.T\CUn['.k: SCALE:1/4"= 11.0" `'��-�C�` A-5 4- - �j- 1 i OUNTY OF SUFFOLK RECEIVED FEB 0 4 2020 13_,arr,' Of Appeals OFFICE OF THE COUNTY EXECUTIVE V ws � Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Acting Commissioner Economic Development and Planning January 30, 2020 Town of Southold Zoning Board of Appeals 53095 Main Road P.G. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number 860 Bayview Drive, LLC # 7386 Hard Corner Properties, LLC #7387 Minton Irrevocable Trust # 7388 Benic, Maureeen #7389 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 5-�vL -- A a 5 1p OFFICE LOCATION: ��'0f SO(/jyo MAILING ADDRESS: Town Hall Annex ,`O l0 P.O.Box 1179 ��1 r 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 • Q Telephone: 631 765-1938 NT`l, I ftLs bll0 6 o LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Ez IVED To: Leslie Weisman, Chair Members of the Zoning Board of Appeals202From: Mark Terry,AICP Assistant Town Planning Director d Of Appeals LWRP Coordinator _ Date June 12,2020 Re: LWRP Coastal Consistency Review for ZBA File Ref 860 BAYVIEW DRIVE,LLC#7386 SCTM#1000-37-5-10.1 860 BAYVIEW DRIVE,LLC#7386-Request for a Variance from Article-111, Section 280-15F and the Building Inspector's January 6,2020 Notice of Disapproval based on an application for a permit to legalize an"as-built" accessory garage; at, 1) less than the code required minimum front yard setback of 40 feet; located at 860 Bayview Drive, (Adj.to Spring Pond)East Marion,NY. SCTM No. 1000-37-5-10.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CERA. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL DATE:January 6,2020 TO: Michael Kimack(860 Bayview Drive LLC) PO Box 1047 Southold,NY 11971 RECEIVED Please take notice that your application dated December 30,2020 JAN 17 2020 For permit to legalize an"as built" accessory garage at Zoning Board Of Appeals Location of property: 860 BMiew Drive,East Marion County Tax Map No. 1000—Section 37 Block 5 Lot 10.T Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 30,099 square foot lot in the R-40 District is not permitted pursuant to Article III, Section 280-15F,which states; "In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard setback requirements set forth by this code." The proposed accessory building notes a front yard setback of 36.6 feet. (;Dizc d Signature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC:file, Z.B.A. I RECEIVED Fee.$ Filed By Assignment No. JAN 17 2020 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE Zoning Board 01'Appeals House No.f 6o Street gZ2)yj,,ey7W Aeb&E Hamlet EA ,—HAJ ),��QAI SCTM 1000 Section_,?7Block_,:!57 Lot(s) /0. / Lot Size �ZQ�? Zone—,F-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED �-Um 6,202P BASED ON SURVEY/SITE PLAN DATED Owner(s): 860 .46AYVI&W Dj&04 _ l L Q Mailing Address: 1057 69HSFAVD.- 64E& A&�,44 Ivy 1® 44' le Telephone:F/ 662514- ax: Email: 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:H1(;q /,4_ /C� C/L for ko Owner( )Other: Address: J?Q. SOX /®4!7 _57c (,/ILS OW, /V-Y I,1 971 Telephonq:S 406,007 Fax: Email: &A-I&Q&P Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), Authorized Representative, ( ) Other Name/Address below: WHEREBY THF BUILDING INSPECTOR REVIEWED SURVEY/SITE YLAN DATED Ohi J 7 and DENIED AN APPLICATION DATED O OR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: Z90 Subsection: /5 .,!e Type of A peal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal�d has, ( ) has not been made at any timewith respect to this property,UNDER Appeal No(s). Year(s). �� ® . (Please be sure to research before completing this question 6r call ow office for assistance) Name of Owner- 7125 ZBA File# RECEIVED REASONS FOR APPEAL, (Please be specific, additional sheets may be used with prepar 's signature notarized) JAN 7 2020 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrime to nQag yBoard Ofi Appeals properties if granted,because: /J-6VAE& v V,64 0416W toll ,4 ' FS -5-1z"C-5 /s em &00��) 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursu'4 other than an area variance,because: MMS G.#,R, G� �r�s' 6E� eo nl �U •4nlo �'FL00VW V 77 Ri5 0/7- 44C 7_2V6 _.9,4 A�5xc,,5 ) V"6,1-) ,Exi�,6i/S`/V4. 3.The amount of relief requested is not substantial because: / IoE /4 S BU/G7' 6,4 4 66 ®S' � .6/W A 9''rP� CORN,45R 9 � 7"' /ZE�,� i✓Ts' � /qG, w�LC 55 !S Nd7 1'U i4i�"/�L . 9 , x,B!//-I� zwer ov4w 4A/G ffx�AP5 ��: /sur® i �o•+rl' yAAli s� G�J�, z � 4.The variance will N have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: /� 456RI�E O� 7PL �/�l�. Al C/— !S' 1'111V Qf2 . IV,6 V,4S�' &A R4&4 ARL As�iAI �/� Wl 7 7 Z 9 R4 06. E4 W4-L OR,E /0 67-7 Sr OR W- Z5/'0' 5.Has the alleged difficulty been self-created? { Yes,or { }No Why: Are there any Covenants or Restrictions concerning this land? W No { ) Yes(please furnish a 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) -Fh Sworn to before me thisday of y ,20 ao Notary Public TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2Q3a ;7 RECEIVED 7,396 APPLICANT'S PROJECT DESCRIPTION JAN 17 2020 Zoning Board Oir ppeals APPLICANT: /t-//CM4.& _ KY"A CSG DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: /V II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: AIX Dimensions of floor above second level: w 1A Height(from finished ground to top of ridge): A ,4 Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alt ations: 7` C zo,fx za ® TGU012J CAR 6�4R E Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 463r C7, G XA Proposed increase of building coverage: —0 — Square O — Square footage of your lot: o , '6 Percentage of coverage of your lot by building area: Q V.Purpose of New Construction: 11'0 2F&O& ��AL=ZZ y .F&- 22E!Cp"o APe 6E AEO-R VA&&CLES 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): 46/47-Y/ZY "/- 7' /// /0 Q4 7-1,01 Aim&AM C&C SATO C/Rq4- ss VAN .3Av TL a?j ®.y N gRVIZRIZ 1%p,,. a�C-AM 69 7.0 ..4 AeA -Al m Lmez V D?�� of",SYN to t uAiulil�� '&"yZV6,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 RECEIVED FOR FILING WITH YOUR ZBA APPLICATION `23 9 A. Is the subject premises listed on the real estate market for sale? JAN 17 2020 Yes _Y_No Zoning Board Of Appeals B. Are there any proposals to change or alter land contours? VNo Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? y�S' 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? eONc, "7,- 1W1A/G Z&,, & 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? \1,Lf:_S Please confirm status of your inquiry or application with the Trustees: &4rXIM a2 -y7M 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? /J0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?__A/_L_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?)�ff f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: T Boat /./,o �. �� Z ,0 J1 Y O f/T®ODS if f►� CSL N� PA r/ �Z�T,dIN/hll� GUI�LL� G/R4Q5- W &,eA VEL P/2/Y4�Y G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Al 0 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use Rj5-f- ly# ONS f-J/Cy g t/ 1 lVU0ML CZoMG.5 $e&MoV" (ex: existing single family,proposed: same ith garage, pool or other) 64pj4&A �6�i�r 0�20ZD Authorized signature and Date RECEIVED AGRICULTURAL DATA STATEMENT 733�3(, ZONING BOARD OF APPEALS .IAN 17 2020 TOWN OF SOUTHOLD Zoning Board Oi Appeals WHEN TO USE THIS FORM: This form must be completed by the applicant or any specia use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: &6 P ILC 2. Address of Applicant: 112�—L41/6rP A.412"5' se,& &L61B AZA;AL 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: 6. Location of Property: (road and Tax map number) �3i4 yl//,,F. ��?_ ��S'Y IfAgIOV 10 170 - 677— 5---16, / 7. Is the parcel within 500 feet of a farm operation? { } Yes )d No 8. Is this parcel actively farmed? { } Yes X No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) goo Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED 617.20 g� Appendix B JAN 17 2020 Short Environmental Assessment Form Zoning Board Of AppealsInstructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any iterri,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: 86 0 V 1/1! 6G C Project Location(describe,and attach a location map): Brief Description of Proposed Action: To G6 GAL IZZ AOR r`ory d T4s f3lre�T G,4,P/�G,� - 7`�ia7' 5>�rZW,,05 /itl rO ARO A1r Y,4 - r te Cdr ��5 , ---�A i'o�rlo� o/:r ,EW V,-5 o v,6ell NG ?'NA 7- EX ilii MISI ON /NTa Ae 0,0- VP' 5,e 7,8.A C4 ( -3 5, Name of Applicant or Sponsor: Telephone: 6 8 6807 G E-Ma' : 2 6 ,4ielC7Af.A Address: Q_ A6ox lo47 City/PO: State: Zip Code: -5"%0V77Y40L9 Y. 197/ 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ,3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? O. 0/6 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 6,g 9) acres 4. Check all land uses that occur on,,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑ Agriculture ❑Aquatic ❑Other(specify): ❑Parkland 'Page 1 of 4 5 RECEIVED —7:3 'S(00 5. Is the proposed action, JA NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? Zoning Board Or gPpealS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies. 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11/A IV 11.Will the proposed action connect to existing wastewater utilities? NO j YES If No,describe method for providing wastewater treatment: 0 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? V 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14 Id ntify the typical habitat types that occur on,or are likely to be found on the project site Check all that apply: Shoreline ❑ Forest ❑ Agricultural/grasslands ❑Early mid-successional N Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? NO ❑YES b.Will storin water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO^YES Page 2 of 4 18.Does the proposed action include construction or other activities th t result m iQ1_R�TjVpgpdment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain put-pose �3 and size: & X 19. Has the site of the proposed action or an adjoining property been th Losmigg 2fM-gc®1 0-d NO YES solid waste management facility? -- If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe• �® I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: C L Ck Date: &0 12OZ G Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodres,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate JAN 17 2020 small to large impact impact may may zoning board Of Appealsoccur 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 i — RECEIVED —13 ,6 APPLICANT/OWNER JAN 7 2020 TRANSACTIONAL,DISCLOSURE FARM Che'Town of Southold'a Cndc of Ethics orohihits conflicts of intcrt�t on the art of town ofCcers afl�iN� Pcs.�h r Of P, peals i. form is to urovide information which can alert the town of nossibPc conflicts of interest and allo�� ► to take whatever action is neccssarL to ajoid�amc YOUR NAME • (1,ast uume,first Hanle,middle init Ns you arc appi)i►g in the name of someone else or othMentity,such as it compam•If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance y Trustee Permit Change of lone Coastal ,Permit rosioin Approval of Pia! Mooring, (activity) Planning; Do you personally (or through your company,sponse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by b ood,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 ill which the town officer or empl(,,yee owns more than 5%of the shares. YES NO -- If you answered`•YES",complete the balance of this form and date and sign where indicated. Natne of person employed by the Town of Southold Title or position of that person _ Describe the relationship bethveen yourself(the applicant/agent/rt presentative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or emplo.Nee or his or tier spouse,sibling,parent,or chili is(check all that apply) :1)the ov ner of greater that 5'/ of the shares of the corporate stot k of the applicant(itithen the applicant is a corporation) li)the legal or beneficial owner of ani interest in a uon-corporate entity(when the applicant is not a corporation) C')an officer,director,partner,car employee of the applicant:or D)the actual applicant DESCRIrnoN OF RELATIONSHIP Submitted this_Lt2 ay 20,?6 Signature Print Name_ nS P�- �/�Pp•� y J 1 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : I H = HI CAMEL ON (Last name,first name,middle initial,unless you are applying in the name of someone else or they en"r ch as a company.If so,indicate the other person's or company's name.) R�,.�� TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit JAN 7 colo Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Zoning Board OrAppeals Other(activity) Planning P�ei;ls Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X— If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this M Ahday of��,202 U Signature�wa ��7 ' Print Name— C���L 04_ khLIA C� Town of Southold RECEIVED �73 g6 LWRP CONSISTENCE'ASSESSMENT FORM JAN 17 2020 A. INSTRUCTIONS 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 snaking a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to malting 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# The Application has been submitted to (check appropriate response): Town Board Planning Dept. 0 Building Dept. )'1ZK1 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction, planning activity, agency regulation, land transaction) 0 (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval,license, certification: NZ ZN Nature and extent of action: Rr, r1aAv o�As~-evv4 r 6Mc r1-1i4 y' X �n/.US I /rn Fe wr VAM 1ZF72?4 ek C 3 SF> AMAD RECEIVED Location of action: VO 86:1 Site acreage: Q JAN 17 2020 Present land use: Z Zoning Board Or Ar)peals Present zoning classification: 9-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 860 9 4)6!IF / W VE, Z-L (b) Mailing address: /QS IIlGp y''igRH57 PO.. 61,E& h4j�4a/0%y (c) Telephone number: Area Code( ) 91^7 66Z '9'd::-37 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 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 ,K Not Applicable rN / ® J Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Al D A16 4 ale RECEIVED /3S(49 Attach additional sheets if necessary JAN 17 2020 Policy 3. Enhance visual quality and protect scenic resources throughout t11te7-cTWWV,6Fr§1 ftli8ldP1See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No Not Applicable L 77 &A&A64' A� 0 - E Cd Ry C7Z0_oAOOL ff 17>, T OV A � � ZS- Akor1 M A/G - G 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 Yes 1:1 No Not Applicable N U1 O Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes 0 No E Not Applicable ZME ALS- od 0//-T 6.4 6A5 DMS Al 07- RZ 41 V I � 0714 ! �T,?� �;� C. A��C� s' � s' ,L� '`/ts'1,1RE Al o IV 0 Al e4 ONr Y-6 VR CE: RIWAFIE 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. 0 Yes 0 No Z Not Applicable M,CJ'44*�T�uy 7`1IUle C DS' ®�An- Y.J /rS XrA Q� WjEU ,,MANS RECEIVED -73 ,?(o AN 17 L OZO Attach additional sheets if necessary Zoning Board of fi,ppeals 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 X Not Applicable G A O, /2QAf5 NOT' COMT_,el g&0� 77E-01-ID UZaZZ4 /71N COT d 7AC1 L/ZX 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 ❑ Nol!;;�K] Not Applicable s D 061' 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. ❑ YeLl No NR 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 ❑ NoJZN Not Applicable Ar A4 ',p—, A—r C f7 0 r r U A 4ezN-1491 S IAN 1 7 20120 II t7—i M .rc on� n n I Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ Noy Not Applicable S NO CT- O Q uiD - 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 ❑ NoX Not Applicable '4%-&O '46 JO/zS ON CR Q11 t`?Z& .BOO r-% 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 YX Not Applicable Created on 512510511:20 AM -- 5 R:E0 — Board of Zoning Appeals Application JAZoning B ,ppeals AUTHORIZATION (Where the Applicant is nothe Owner) " residing at (print property owner's name) . (Mailing Address) do hereby authorise - -- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. .Is Ign (d4ze� - (Print Owner's Name)--- ---- FORM NO. 4 Mrd TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33072 Date: 06/04/08 THIS CERTIFIES that the building NEW DWELLING Location of Property: 860 BAYVIEW DR EAST MARION (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 37 Block 5 Lot 7 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 9, 2006 pursuant to which Building Permit No. 32042-Z dated MAY 25, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH COVERED ENTRY, TERRACE AND TWO CAR GARAGE UNDER AS APPLIED FOR. The certificate is issued to PATRICIA A JOHNSON (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-05-0185 12/04/07 ET CTRICAL CERTIFICATE NO_ 3000513 09/17/07 PLUM13RS CERTIFICATION DATED 09/14/07 TODD DAWSON Audiorized Signature Rev. 1/81 06/03/2008 13:53 51""'16407 SAMUELSSTEEI ""' PAGE 01/02 James F.King,President Of so Town Town k1aII Jill*lvl,Doherty,vice-President ��k �� 53098 Route 25 P.O.Box 1179 PeM A Dickerson l�[ Southold,New York 11971.0959 Dave Bergen Telephone(631)766-1892 Bob Ghosio,Jr. , Pax( lamb-8641- �'C� t ° RECEIVED - X723 BOARD OF TOWN TRUSTEES JAN 17 2020 TOWN OF SOUTHOLD eals Zoning Board Of Rpp CERTIFICATE OF COMPLIANCE # 0316C Date Jun 2.2008 THIS CERTM S that the ale-family dwelling. germs Mrs& fills.Saratary_system, and myigus p- ng area At 860 Barvlew Dr,,Fast Marion Suffolk County Tag Map#E:L Conforms to the application for a Trustees Permit heretofore tiled in this omee Dated 8/25LQS pursuant to which Trustees Wetland Permit# 2200 ,Dated /9 21/05 and Amended on 4119106 was Issued, and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for a single-family dwelling gum;. guitgs&dxywe s sanitm s stem lygrid2us c ag arca. The certificate is issued to PAT&BAM JOHNSON owner of the aforesaid property. )SPO-W 0 J r Authorized Signature 06-03-2ooe 13:56 SOUTHOLD BUILDING DEPT 16317659502 PAGE1 i OS�FFOLo� - Town of Southold 11/28/2016 P.O.Box 1179 53095 Main Rd RECEIVED -73 9 O: Southold,New York 11971 ... FAN 17 2020 CERTIFICATE OF OCCUPA jVng Board Of Appeals No: 38672 Date: 11/28/2016 THIS CERTIFIES that the building SHED Location of Property: 860 Bayview Dr,East Marion SCTM#: 473889 Sec/Block/Lot: 37.-5-7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/18/2014 pursuant to which Building Permit No. 40888 dated 8/8/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"accessory shed per ZBA#6829, dated 2/19/2015. The certificate is issued to 860 Bayview Drive LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED t o ' d Signature S11fFD(��pGy .� Town of Southold 7JAN P.O.Box 1179I��E4D 53095 Main Rd DSouthol New York 11971�' 2020 Zoning Board Or ApPe-dit, CERTIFICATE OF OCCUPANCY No: 38671 Date: 11/28/2016 THIS CERTIFIES that the building DECK Location of Property: 860 Bayview Dr,East Marion SCTM#: 473889 Sec/Block/Lot: 37.-5-7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/18/2014 pursuant to which Building Permit No. 40888 dated 8/8/2016 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: second floor deck addition with outdoor fireplace and alterations(new doors)to an existing one family dwelling as applied for per ZBA#6829, dated 2/19/1995. The certificate is issued to 860 Bayview Drive LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED oned Signature �g11FF0���, . Office Location: ��. O Mailing Address: ,Town Annex/First Floor,North Fork Bank y z 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 y 0! Southold, NY 1197I-0959 RE%r 1JED http://southoldtown.northfork.net ,BOARD OF APPEALS AN 2 4 2006 TOWN OF SOUTHOLDtfiolQ Tel. (631)765-1809 Fax(631)765-9064 So d '�c�lerk RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION -3 94, MEETING OF DECEMBER 1, 2005 JAN 17 2020 ZB File No. 5788—Pat and Barton Johnson Property Location: 860 Bayview Drive, East Marion CTM 37-5-7 Zoning Board OFAppeals 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 It category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 18,009.63 square foot parcel has 37.98 feet along Bayview Prive and is improved with a single-family, one-story frame house, as shown on the October 13, 2004 survey prepared by Joseph A. Ingegno. BASIS OF APPLICATION: Building Department's September 12, 2005 Notice of Disapproval, citing Section 100-239.4B in its denial of an application for a building permit to demolish the existing dwelling and to construct a new dwelling, at less than 75 feet from the existing bulkhead, The applicants applied for, and was denied, a proposal to set back a new dwelling 58 ft. setback from the existing retaining wall (bulkhead structure). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 17, 2005 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct a new dwelling, after demolishing the present dwelling. The new 1-1/2 story, single-family dwelling is proposed 58 feet measured from the southwest corner to the bulkhead, with a gradual increased setback for the remainder of the dwelling, as shown on the site plan and diagram sheets 1-4, prepared by Samuels & Steelman, Architects dated August 22, 2005. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: r 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The current house is 57 feet measured from the RECE?VFD Page 2- December?,2005 `�?,�j ZB File Ref 5788—Barton and Anson ✓Uf0 CTM 37-5-7 JAN y 7 2020 Zoning Board Of Appeals southeast section of the dwelling to the existing concrete retaining wall (bulkhead structure). The applicant is changing the angle with the new home plan, increasing the setback on the southeast section of the new dwelling, that will be more conforming, to the code's 75 ft., encroaching four feet into the code-restricted 75 feet, measured from the retaining wall structure 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, due to the shape and topography of the land and vicinity to the existing deeded boundary lines and concrete retaining wall near Spring Pond. 3. The variance granted herein is substantial with a reduction of 17 feet from the code-required 75 feet at its closest point. 4. The difficulty was self-created when the applicants chose to demolish the existing nonconforming dwelling and build a new house on this property. 5 No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, after removing the existing dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for, as shown on the August 22, 2005 site plan and related diagrams prepared by Samuels & Steelman. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0).- Ruth D. Oliva, Chairwoman 1/a,r&2006 Approved for Filing BOARD MEMBERS OF SO(/r Southold Town Hall Leslie Kanes Weisman,Chairperson ��� ypl 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 54375 i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQU �� Southold,NY 11971 http://southoldtown.northfork.net RECEIVE,D,I ZONING BOARD OF APPEALS � �-c-��'°`' X 570, , �`; - '615 TOWN OF SOUTHOLD ��� �, �� Tel.(631)765-1809•Fax(631)765-9064 S old Town Clerk RECEIVED FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 JAN 17 2020 ZBA FILE 9 6829 NAME OF APPLICANT: 860 Bayview Drive, LLC i c B a d Oi Appeals PROPERTY LOCATION• 860 Bayvjew Drive(adj. to Spring Pond)East Marion,NY. SCT ow �- SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 6, 2015 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 23, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. The LWRP Coordinator stated "additions to an existing building which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area.The proposed elevated deck is a minor action and the parcel is not located within the coastal erosion hazard area". PROPERTY FACTS/DESCRIP'T'ION: The property is a non-conforming 30,099 square foot waterfront parcel located in an R-40 zone. The parcel is an oddly shaped parcel with 64.71 feet bordering Spring Pond. The parcel then runs 116.36 feet on the West Side, then it bends North West and runs 42.00 feet where is meets up with Bayview Drive. The parcel runs 37.98 feet along Bayview Drive. The parcel then runs 221.44 feet on the North Side, 10.00 feet along Knoll Circle, 90.00 feet on the southern property line, and approximately 170.00 feet along the eastern property line. The property is improved with a 1 '/z story frame house with attached garage. There is also an accessory plastic shed, wood dock and floating dock. All is shown on a survey by Nathan Taft Corwin III L.L.S. dated October 13, 2004 and last updated January 12,2015. BASIS OF APPLICATION: Request a Variance from Article XXII, Section 280-116B and the building inspector's September 3, 2014, updated December 15, 2014 Notice of Disapproval based on an application for building permit to construct a deck at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a second floor deck at a bulkhead setback of+/-57.1 feet where the code requires a bulkhead setback of 75 feet. RECEIVED Page 2 of 3—February 19,2015 �� g6Q ZBA#6829—860 Bayview drive,LLC SCTM#1000-37-5-7 JAN 17 2020 ADDITIONAL INFORMATION: During the hearing, the applicant was aske /ilia, it �laAlpintc) pore conformity with the code. The applicant's agent proposed to shorten the depth tre-tI'ecl�to-1-0 €ec��ro>:n�-Ithe proposed 16 feet. This will increase the bulkhead setback to +/- 59 feet thereby bringing the plan into more conformity with the code. Also during the hearing,the applicant's agent was asked about a pipe sticking out from the applicant's bulkhead. The agent submitted a letter dated February 5, 2015, stating that the pipe is a drainage pipe owned by the Bayview Homeowner's association and is used for road drainage. The agent further stated that the homeowner's association is working with Southold Town to address the issue. Additionally, the Board asked about the applicant' accessory shed which is partially on the adjoining property. In the same letter,the agent stated the owner will relocate the subject shed to a conforming location entirely on his own property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 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 &267-b(3)(b M. Grant of the relief as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of non-conforming lots with single-family homes. The second floor deck is being built on the water side of the property so that it is least visible from the neighbor's property. Several homes in the neighborhood have nonconforming bulkhead setbacks. 2. Town Law 4267-b(30)(2), The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling is setback 75 feet from the bulkhead. Any additions on the waterside of the dwelling will require variance relief. Moreover, due to the property's odd shape the applicant would need a variance to build a deck of this size in almost every location. 3. Town Law §,267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 21.2% relief from the code.However,the proposed deck is a second story structure over a covered patio. Several homes in the area have nonconforming bulkhead setbacks and the proposed deck will not be visible to adjoining neighbors or from the road. 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 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 §267-b. Grant of relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an open air deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, for a second story deck 14'X27' with a bulkhead setback of+/- 59 feet. Subject to the following condition; :nB CEIVED Page 3 8 3-February e drive, 5 43 '4 ZBA#t6829-860 Bayview dnve,LLC SCTM#1000-37-5-7 17 2020 CONDITION: [Zoand OF P,ppeals 1) The deck shall remain open to the sky and may not be covered. 2) The applicant/owner will relocate the shed shown on the survey in the northeast corner of the property to a conforming location entirely on his own property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the siteplan, survey, and architectural drawings, showing a 14 foot wide deck with a bulkheadsetback of+/--59.1 feet conforming to the relief as amended granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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), Schneider, Horning, Dantes. (Absent was:Member Goehringer) This Resolution was duly adopted(4^O) `l Leslie Kanes Weisman, Chairperson Approved for filing �/20I5 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �t®� ® �® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento �`�C®U Y `cv S ut o �RV7:D 9 http://southoldtownny.gov JAN 17 2020 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Zonin �, peals Tel.(631)765-1809-Fax(631)765-9064 n pP -� S,60 vu FINDINGS,DELIBERATIONS AND DETERMINATION F B — 6 2018 n"MEETING OF FEBRUARY 1,2018 (�.L} ZBA FILE: 7125 So1"0166TOlm Clerk NAME OF APPLICANT: 860 Bayview Drive, LLC PROPERTY LOCATION: 860 Bayview Drive,East Marion,NY 11939 SCTM: 1000-37-5-10.1 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 14, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 21, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available it is recommended that the proposed action to construct an accessory outdoor kitchen located less than the code required minimum front yard setback of 40 feet as EXEMPT from Coastal Consistency Review. The proposed action to construct an accessory swimming pool located in other than code required rear yard is recommended as CONSISTENT. Furthermore,the pool and associated patios are located outside of the FEMA Flood Zone AE EL 6. PROPERTY FACTS/DESCRIPTION: The subject parcel is a non-conforming.69 acre waterfront lot consisting of 30,098.6 square feet located in the R-40 Zoning District. The parcel is oddly shaped with 86.48 feet bordering Spring Pond and runs 116.36 feet on the west side of the lot, then it bends northwest and runs 42 feet where it meets up with Bayview Drive. The parcel runs 37.98 feet along Bayview Drive, then runs 131.44 feet east before turning northeast an additional 90 feet, then 214.75 feet along Knoll Circle and returning 123.55 feet on the southeastern property line. The property.is improved with a one and a half story wood frame house and decking with patio below. The garage is accessed at the foundation level. The property is further improved with a wood shed, stone and concrete walk and retaining wall, a gravel driveway accessed from Bayview Drive and a concrete retaining wall adjacent to the waterfrontage on Spring Pond. There is also a fixed wooden dock,wooden ramp and wood floating dock as shown on the site plan prepared by mark k. Schwartz, AIA and dated October 26, 2017 based upon a survey prepared by Nathan Taft Corwin III,LS, dated December 27, 2007. BASIS OF APPLICATION: Request for Variances under Article III, Section 280-15 and the Building Inspector's October 10, 2017, Amended October 27, 2017 Notice of Disapproval based on an application for a permit to construct an accessory outdoor kitchen and an accessory swimming pool; at: 1) Accessory outdoor kitchen located LBoard c� Page 2,February 1,2018 0 97125, 860 Bayview Drive SCTM No. 1000-37-5-10.1 peals less than the code required minimum front yard setback of 40 feet, 2) Accessory swimming pool located in other than the code required rear yard; located at: 860 Bayview Drive, (Adj. to Spring Pond) East Marion, NY SCTM# 1000-37-5-10.1, RELIEF REQUESTED: The applicant requests variances to construct an outdoor kitchen in the front yard measuring 25.8 feet from Knoll Circle where the Code requires a 40 feet setback and to construct an inground swimming pool, measuring 25 feet by 36 feet, and partially located in the side yard where the Code requires the pool to be placed in the rear-yard. ADDITIONAL INFORMATION: The applicant's agent indicated that the subject parcel is among the largest in Gardiner's Bay Estates. The property consists of two merged lots: SCTM #'s: 1000-37-5-7 and 1000-37-5-10. Two prior ZBA applications were granted on the subject property, #5788 on January 20, 2006 which granted construction of a new dwelling and #6829 on February 24, 2015 which granted construction of an accessory deck. During the site inspection, it was noted that the subject property is well landscaped and screened from all sides. No member of the public or immediate neighbor offered comment regarding this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 18, 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 X267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Gardiner's Bay Estates is a private, bay front community consisting of residential lots developed in the mid-20g' Century on small, irregular-shaped parcels accessed by narrow country lanes nestled in a hilly, woodland setting bordering tidal wetlands, creeks and a sandy beachfront. Many of the neighborhood homes have undergone substantial renovation taking advantage of views and access to association amenities. Grant of the variance regarding the accessory outdoor kitchen and pool will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Lots 7 and 10 were merged making the total lot area of the subject parcel more conforming but created two front yards. This hardship is offset by the:fact that the lots topography slopes southward towards Spring Pond. The proposed outdoor kitchen and pool will be set below a retaining wall and will not be visible from Knoll Circle and will be at grade with the rear,waterside lawn. 2. Town Law'§267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. As a result of the merging of the property owner's two lots, two front yards'were created and in order for the applicant to have the benefit of an accessory outdoor kitchen and an inground pool an area variance is required. There is no other location to include these amenities given the lot restrictions for setback, on site wastewater treatment and proximity to Spring Pond. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 35.5% relief from the code regarding the accessory outdoor kitchen and 100% relief from the code regarding the placement of the accessory pool in a side lawn. However, given the natural terrain of the site, dense landscaping, and proposed below grade improvements along with the siting of the pool partially in a conforming location, any impact on the neighborhood will be mitigated and not discernable from the road. 4. Town Law X267-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. RECEIVED Page 3,February 1,2018 7- 39& 7 3 9& #7125,860 Bayview Drive SCTM No. 1000-37-5-10.1 JAN 17 2020 Zoning Board OF Appeals 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the pa-r—cel—after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory outdoor kitchen and in-ground pool 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 Planamento, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the site plan labeled S-1, and drawings labeled A-1, A-2, A-3 and prepared by Mark K. Schwartz and dated October 26,2017. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Pool mechanical shall be placed in a conforming location in a sound deadening enclosure. 2. Drywell for pool de-watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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 250-146(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 Membe oehringer were absent). This Resolution was duly adopted(3-0) L Leslie Kanes Weisman,, Chairperson Approved for filing l /� /2018 � REVISIONS B AY V I E W D R IV E' SCTM#1000-37-05-0 SITE DATA: 1000-37-05-1 /] DESCRIPTION. TOTAL- LOT COVERAGE: EXCAVATE: FILL: OPROPERTY 3....SQ PT 69 MREi - - \ PROPERttV3ETL41DS 9xx35Q BUIIDABLE PROPERTY x91J6lSQ R - ESTIMATEDAREAOF Ix000 SQ R - __ GROUND OISTU0.PANCE �O• ��� , IXUNVGt10VSf x314JSa FT ]9Ya - O°o "°O� N O F 17 I—INGPDROl 753 fQ IT 03% - _ j / FRANK&CAMILILE \ Ex15TING DECK 39x 4 SQ FT 13% <♦- ."T.— SIx45Q IT 0,4% - - /O• d PROPOSED OFFICE 1908 SQ FT O7% 40 cu YD ION YO PROPOSED DANIIION 3544fQ FT 09% 40)YD ICU YO 31% I 0 `17 1�� [j4•, MIOPOSED POOL 900 oSa FT SDN YO 5cu YD. `� n WILLIAM 6 NA HEMPEL WIt.. - oU .Mo 16 ^o/L /;'\ ,� / ��, PROPOSED W E WD°SQ FT 14% ms:u YD IOcu YD m / 15 16 i BETA fOIL 1 ,•, NG WALLS - 3o cu rD to cum _ J LL--JJ! LLl 16 / / / / \ 4' ; / PROPo m D0.TV E L Ixl E—W=Yz6 N m H N m v m 2 1 /� / 'a 1� RA \ . a� R = 20.0' 3)8x3 - I, e 14 15 \ / .�•" F I zGo'xzo'� 1 = NFW DRNEWAY' 1 x = nddd _ - L = 31.45' TOTAL 45508 SQ FT 160% xBD N m 94 N m U ^ N 88°53139 E \' _ / / I \`1 1 � 1 1��Off) MEE S6 BOUND By NATHAN TAfi CORW V01 NRVEr DATE 1]x)8001 ta 13- DW UWN uj WATER \ \• 12 METER \ \\ EX SHED / / \ V '-- \ �-� \DW/ ,TRENCH 9 Rr•AiAV "ti''' __ i.` _ \131` - .s NRBi ROA? � � S -•"v., ��,'`. _� ..�,n.,,.->, DRAIN \ eooL .� EQQP '. = 50.0' Lu 0 SONEPAlFO- Ai0.COND I 1 . FINAL MAP 3` 65TEPS uNRS ' = 52.47' V ...�, W o _ 39 6' wnnn.•.4c.w. 19O 45 o AMP` CONIC STONE m y REVIEWED BY ZEA k r�� z {�.� FRONT- 41YroST O wAuc PORCH m 1 N OFFICE PAVILLION I~ �I-i i'-2 -` / +� H O ` 235• '1� 20%159 160'x159 °'R°°°• ; I - Q �n ,:_: SEE DECISION# -71Z ;� O � 3�, �,DATED `,-/ 1 1�Q1S 41 z(P—LOON y J y w DRA 00 ? _ EXISTING 7-1/2 STORY PATIO �01 w°'`c'N C7 H IN 0 9 HOUSE&GARAGE i -- `-' p b N 64 30' `�'� o ZPATIO a o 2.01 R7� 1 DW 1 R y w Ap Ixz ♦ / I "V �O 30 ---____ ,B'X3 , ;B7C3, ® SITE PLAN z oai DRIy F/t \' DW, DWI O 0./i z A(9� 0 �4 b EX DECK WITH EX PATIO ON z I ,1 '^• 11 1 1 I I'+5 I deep 1 v PATIO BELOW GRADE z / 31-.,/ SCALE: 1 = 20-0 TM \ 270' 35' 263' ;; x91` loo ' '�j- V•� _ 7P. =' �� O HAY BAY OR SILT FENCING �y,�� � o NMRS OF CLEARING TO BE v. � I NO MORE TIUN ZO'FROM 6 \ IN01iGU ONN MAN ;� - D��p CO 4C STOOP &STEPS \ — — — — N/O/F t� I •i0.eE Q� ROBERT&BARBARA KELLER ���yyy� /{J •r-/ W O / / DRAEE POLE -5 RECEIVED Z 6% 5/ CONC RETAINING WALL Q�f STORM WATER MANAGEMENT DETAILS pct 1,6 Mi W O ' TIEu)1EALONG 52'L0' `• N.T.S. • a a APPARENT H1GHwATFR 3° O. NS 0� ZONING BOARD OF APPEAI Z m 3 MAwcoNlDn3rxawS 82'13'OS" 11.9 S`07� O)l cD F- /O0 25.77' /,g. ry OD < 8• (' SINGLE B AD HA FRO 5"ND GLITTER w WOOD S 2 WOOD �] STANDARD W LK DOCK O w6: WOOD WOOD •ay u) OO DOCK RAMP —N RUHOFI DPROADEO \ IDCATION AREA TOTMUPACITY 1•RAIN PER HOUR PROVIDE DRAWN MH/MS PROPOSO3DPAVIWON OFFICE 544750,FT 9100)FT x11 Cu FT SCALE 1/41=1'-D" GRADE 51-M IT 536 cu FT DI B'6I".Td"ep JOB N. WOOD \ PROPQSTD PDOL - am-44..H I.cu IT Octobcr 26,2017 DOCK _ - SHEEFNUMBER p O DRY WELLS TO BE IV MIN P—PATIO 16x5 fQ IT x)14 CU FT (3)v' I 380 Cu FT GAWRY FROM HOUSE I S p R 1 N 0. m as sa«P x11 N I �] PROPOSED DRIVEN Ar vss so Fr 388D CU fT m lame raRD x°6 E°FT iEN]L (TOTAL I� i u Legend BAYVIEW DRIVE LLC .•1 Bayview descriptionWrite a • • .• w y i e Al y f L �k 860 Bayvi6W Dr m e *4 y -7-7- 441%,- . c!Y e r l� Google Earth 200 ft RIVE RECEIVEDD �3 JAN 17 2020 i t a a Zoning Board0;appeals oti otitis Vol 60 1 bc z ooz0 •♦ . L •.20.2':•• / .. . o UTILITY : _ -., / S�J ®� •� O. ROOM 8 .3 3 RFQU�ipFOEF C� Q' e �y. 16.0,1 COVERED Tr c O J e 3 04' 11 •' o o;� a -, NND: STONE - i'i PATIO Z yew .`,a^rte e�:•_..�,�.. l� • \ - � �= _ - .�/� piSrrpC lir {� �hV•"•V ��' �+. L i— ■fR Now R1,M Ron IMMILIM mono MKMU lc a (1)860 Bayview Dr.LLC x `- - Taken jan.9,2020 JAN 17 2020 Looking SSW 73 8lO Zoning Board Oft AppralS y mot , vIrs �4 1 1 i • 020 1 (2 860 Bayview Dr.LLC Taken Jan.9,2020 Looking SSE OW 4 01 . 09 . 2020 03 : 23 �v e.: r ... _ r. (• w•Rett .�. !i �n d 01 . 09 . 2020 03 : TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE RECEIVED �A SOUTHOLD, NY. -7 3FI JAN 17 2020 ! BUILDING PERMIT Zoning Board of F.ppeals (THIS PERMIT MUST BE KEPT ON THE PRE WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43691 Date: 4/30/2019 Permission is hereby granted to: 860 Bayview Drive LLC 46 Sea Cliff Ave Sea Cliff, NY 11579 To: construct additions and alterations to existing single-family dwelling as applied for per Trustees approval and DEC Non-Jurisdiction note. At premises located at: 860 Bayview Dr., East Marion SCTM # 473889 Sec/Block/Lot# 37.-5-10.1 Pursuant to application dated 4/4/2019 and approved by the Building Inspector. To expire on 10/29/2020. Fees: SINGLE FAMILY DWELLING -ADDITION OR ALTERATION $378.00 CO -ADDITION TO DWELLING $50.00 Total: $428.00 Building ctor TOWN OF SOUTHOLD 9�Fg�tr�o BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE g SOUTHOLD, NY JAN 17 2020 ✓y�0 �a�. BUILDING PERMIT Zoning Board 01 Appeals (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43692 Date: 4/30/2019 Permission is hereby granted to: 860 Bayview Drive LLC 46 Sea Cliff Ave Sea Cliff, NY 11579 To: construct accessory garage as applied for per DEC Non-Jurisdiction note. At premises located at: 860 Bayview Dr., East Marion SCTM # 473889 Sec/Block/Lot# 37.-5-10.1 Pursuant to application dated 4/4/2019 and approved by the Building Inspector. To expire on 10/29/2020. Fees: ACCESSORY $260.00 CO -ACCESSORY BUILDING $50.00 Total: $310.00 Buildi Inspector FFntfi TOWN OF SOUTHOLD - REt�EtvD BUILDING DEPARTMENT ` 736 160 TOWN CLERK'S OFFICE JAN 17 2020 � SOUTHOLD, NY Zoning Loard Oi Appeals BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43693 Date: 4/30/2019 Permission is hereby granted to: 860 Bayview Drive LLC 46 Sea Cliff Ave Sea Cliff, NY 11579 To: construct accessory in-ground swimming pool as applied for per ZBA, Trustees & DEC approvals. At premises located at: 860 Bayview Dr., East Marion SCTM # 473889 Sec/Block/Lot# 37.-5-10.1 Pursuant to application dated 4/4/2019 and approved by the Building Inspector. To expire on 10/29/2020. Fees: SWIMMING POOLS -IN-GROUND WITH FENCE ENCLOSURE $250.00 CO - SWIMMING POOL $50.00 Total: $300.00 (I— B ing Inspector LLL STREET VILLAGE DIST. SUB. V LOT k y, �No FORMER OWN N E ACR.M (f S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS 9141off- L JO 692- -;�:2LE eg d1le hi, A I - bmm h ik--z �4 00-- Liz n<- v 6® e,K/ A//6— AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable 1 76 F.T Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER 0 FRONTAGE ON ROAD Brushland -7'o LQ DEPTH ;a House Plot 0 m 1;q M BULKHEAD 1A < DOCK Total ■■■■w■ ■■■■■ ■■■■■■■■■■■ �'��'cS K �«��.`�,+,,'-�y;`L ���'� �f'"As - Fr • •' ■■■■�rlJif+� -��■■■■��■■■■■A�■■■: 'P¢w`+f `+' ✓°Y ; y -- ',�-- f f ■■■■MEN ■ 1 ■�I�r�.�' l■■■!■■■ Sr■■■� SENN ,, 3 - ■■■■ ice ■r■■■■�■■■■■■■■■■■■ ■■■1!■�1 ■■■SIL ■�?■:■■■■■■■■■■■ ■■■■■L■ ■t■ Irmo-�■■■■■■■■■■■■ �� ■■■ ■■■■■16■■'■■■■■■■■■ Me57 ■ ■■■■■7■■■■■■■ON ■■■■■ . . r■■■■■■ ■■■■■■■■■■■■■■■■ i• .. , • interiorI Rooms •_ ••• ' r Rooms 2nd A I,ILI r - s J ♦ • �' w O • -exarw i MEN IN r COLOR ,.- f TRIM - - 3 t M. Bldg. i I fi T �' � �Foundation_// �-( Bath t Dinette Extension ti� �� �aseme?t/ Floors K. _ Extension �(� X �� 'uf �xt. Walls Interior Finish t� `! t LR. Extension , Fire Place Heat ype Roof i� Roo oor BR. Porch 17c(C 14' kecreation Room Rooms 2nd Floor FIN. B. _ .Lao Porch �ormer i€ ,ST 1 - ?� Breezeway Driveway = Garage 71 Patio " rn 0. B. Total WMA :a mom . ■.1�■■Ii�■■,�■■■■■■■■� ��■■■ MM `. 't rs.^ �s3ix �r.+rir Z f n.a� a '• 3 ''„5 �'` „"'4',is 'n ■■■■■■■■ �� , ti _ � ��-� ■�■■■■■�1■■■■■■■ ilk ■■!■■■■■�■■■ t M aw 1 ■■■■■■■■■■113;■■■■■■■um'■■■.■lamm . a ■■■■■I■■■■■11■l!■M■■■■■I"r■■■■1■■IMM ■ ■O M■■■■ ■M■ ■■■ M'1■■■� r i 1,2 _ ■■■■■■■■■■EMEE■■■ IMMOMM1'£M■U:ii:MIMM■■■■■■■■■■■■■■■ I■■MMA■■■■UM!■■■■■■■■■■■■■■■■■ .e f lIm■■■■■r#jmmmnium■■■■■■■■■■■■■■■ 1!!■■■■■■■■■1I■■RM" ffM■■■■■■■■■ Foundation . .. r c+t,► v 9 Basement Finished B. Interior Finish Fire Place Ext. Walls V 141 Dormer 0 Library/ Study a ' . • ., - ' • .tea • ■ � � r �. ■■tee TOWN OF SOUTHOLD PROPERTY RECORD CARD f OWNER STREET VILLAGE DIST. SUB. PLOT_P6° J �)OR ER OW ER N E ACR. / S W TYPE OF BUILDING RES. \� SEAS. VL. FARM COMM. CB. MISC. Mkt. Value J �, 1 k n„ y LAND IMP. TOTAL DATE REMARKS t r 0 U d�C a(0,(Cf-) q(bc® V\ z - C.�'1b I n..Q Z qr6 S - ` 10) 1uA�E 1p 2 B U I INC�NDIII OI�L y ,7� G�5 j�'14S N 0-6 N1° -tel E i) FARM Acre Value Per Value !' / Acre Tillable 1 Tillable 2 Tillable 3 fin Z' Woodland 4 N 0 Swampland FRONTAGE ON WATER - LO D Brushland FRONTAGE ON ROADCL , House'Plot DEPTH �v� �� M C;?j, o BULKHEAD , L 0 U ur Total DOCK 9• •ryn , ,�� No CAVr OR s C', 9RS � try �••'/' �•e,/�` '�' ,l�, 'ry' � ,�� ,g` � ` '� m! / LTi' / S`.+'. ��- / df . 17.1 n 1 t•` .5� ----- NN ION Z4 i r J ---- A b mI ay c @• ---� n ti ' �' � raA ,6, ,/9 & tri %� �\ 16 `1• e° r _ __�w .t � �\\y' - h�. 0 6 ': t, U, •' I a' 1 \ —` ,..: / tey 8 Pel 96 p°1 A ',RY / nal ''4 E 0 i �d"-', 0 rr•1 11 \\ s b ra^ 1 m� r 2F - cwl `� OII 101", v ral �♦ � \ � / r _Zr , p tom( 1 �($1 ^6 i roa �� aha •\r» 3i 4 T '� ' i ain'S;�,P nh m rb' 23 r a nM 'h �•]A(c Itis) P1 T CSO ro 'Ti b to 'I,MQ \ r� I'lal 1�1 P° sR •�fi ru x>° a e I \ ap � 0.0 1 1 / 232TOWMN r 1 z • e ° Span Pond 2,9A(0) soUniOLD I ,r 1 C' , rarER t.wol , 0 � Sr ^O' \ 15 1 �\ ry r \` ' / r r 8` ti• Y A ' 0 \ Ci a L / i� r COUNTY OF SUFFOLK NOTICE C -� UyEESS OPA\\N OTryER+AEE A3IPROPERnES ServiceA en :,,"__ �dMlOtiikyUrc --N Ate.�RyRFCLL0.MN0 PSTRICLS _ aMENANCE ALTERATION,SALE Real Prope Oft v rty Tax 9 g - _F__ W..Iaan,lAv _—R Sogot s0T1R/NT KYA- DISTRIBUTION OFAN'(PORTION OF THE County Center Riverhead.N Y 11901 wd t»,slu� _wT FRE x K11 _ WDRAR SUFFOLKCOUNTY TAX Il�AP IS PROHIBITED z3,„� SCAIP IN FEET'1m M' T— gE �� 1� U°He y� FUSE \AITHOUT V.NITTEN PE0.MISSION OF THE . • -4„soup whaU��'�1� iMK nygTeq RI—PROPERT `MSEWCE"ENCY -�xyfs -��d ,3''`'".`�S - �� .fi. i+'.. - s -...az-.n a....��:''s.'r.'•ala�.��t.,t�"'�++�.•'�.'�::,s..���. SOUTHOLD BOARD OF APPEALS: #7386 (860 Bayview Drive LLC ) PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST FOR VARIANCE FOR LESS THAN REQUIRED FRONT YARD SETBACK, ARTICLE.XXIII SECTION 280-15F OF THE BULK SCHEDULE 1. ZBA File! :3557 Approval of new dwelling on existing foundation with i a front yard setback of 28 feet from the front yard setback noted from prior variance 2. ZBA File: 5010 Approval of 3 foot extension to existing garage with a front yard setback of 19= feet where the minimum front yard setback is 35 feet. 3. ZBA File: ;5012 Approval to construct addition 16 feet from the front line where minimum setback is 35 feet. 4. ZBA File: 5194 Approval to construct second floor addition less than 35 feet from the front yard setback. 5. ZBA File: 15205 Approval to construct additions of a 5 foot reduction of a 35 feet from front yard,setback. 6. ZBA File: 7373 Approval to demolish existing structure and construct new dwelling 32.4 feet from the front line where the code requires a iminimum setback of 35 feet. 5 � r C� Ln Southold To' wn Board of Appeals MAIN ROAD- STATE: ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No, 3557 (After rehearing) Application Dated November 24, 1986 TO: Mr. Garrett A. Strang, Architect [Appellant(s)] for MR. ROBERT EGAN Main Road, Box 1 12 Southold, NY 11971 At a Meeting of the Zoning Board of .Appeals held on January 8, 1987 , the above appeal was considered, and; the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ l Request for Special Exception under the Zoning Ordinance Article - , Section [X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ ] Request for Application of ROBERT G. EGAN to amend Conditional Approval Rendered 11/•3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion , NY; "Map of Section Two, Gardiners Bay Estates, " Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. WHEREAS, a conditional approval was granted by this Board under Appeal No. 3557 on November 3, 1986 as noted therein; and WHEREAS, the applicant has requested reconsideration of Conditi,on No. 1 which restricted the westerly sideyard setback at seven feet; and WHEREAS, a resolution was adopted by this Board on November 20 , 1986 .by unanimous vote of all the members to re-open the hearing to re-consider the variance requested under Article III , Section 100-31 as to the westerly sideyard setback reduction; and WHEREAS, notice was published and posted as required by law on this public hearing, which was held on December 11 , 1986; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question ,. its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: I . By this application, a Variance is requested from Condition No. 1 of this Board' s decision rendered November 3, 1986 which reads as follows : (CONTINUED ON PAGE TWO) DATED: January 8, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 " . . . Minimum setback from the west (side) property line at seven feet. . . ". 2. Applicant proposes to reconstruct new dwelling upon existing foundation, rather than new foundation, which presently is set back five feet at its nearest point from the northwest property line (at the northwest corner) and 12 feet at its near- est point from the southwest property line (at the northeast corner) , as more particularly shown on Drawing SP-1 dated September 5, 1986, prepared by Garrett A. Strang, Architect. 3. The premises in question is a substandard parcel con- taining a total area of 7,511± sq . ft. with 56 ft, frontage along the west side of Knoll Circle and widening to 69± feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 12 (also referred to as Lot 27 and part of 28, Map of Section Two , Gardiners Bay Estates filed in the Suffolk County Clerk' s Office September 23, 1927 as Map #275) . This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the closest point) and 7± feet (at the Farthest point) from the west side property line , 28 feet (at the closest point) and 40 feet (at the farthest point) from the front property line along Knoll Circle, and 40± feet from the outer edge of exist- ing concrete bulkhead , as depicted on survey prepared October 6 , 1958 by Roderick VanTuyl , P. C. 5. It is noted for the record that the Variances granted by this Board on November 3, 1986 included: (a) Minimum setback from the east side property line at 12 feet Fas established by existing foundation]; (b) Minimum total sideyards at 12 and 7 feet; (c:) Minimum frontyard setback not closer than 28 feet from the closest point; (d) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi- tion [at the closest point] , and 38 feet for the newly proposed two-foot cantilever. In considering this application, the board also finds and determines : (a) that the variance requested is substantial in relation to the requirements , being a variance of 50% of the required 10-foot sideyard setback and a variance of 32% of the required total 25-foot sideyards ; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure ; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circum- stances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance; (g) that in consideration of all the above factors , the interests of justice will be served by allowing a variance , as conditionally noted below. Accordingly, on motion by Mr. Douglass , seconded by Mr. Sawicki , it was RESOLVED, to GRANT a Variance for the proposed recon- Page 3 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 struction of the single-family dwelling upon existing foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLOWING CONDITIONS: 1 . The reconstruction of the dwelling, including cornices , overhangs, steps , etc. , shall be not closer than five feet from the west side property line and not closer than 12 feet from the east side property line (at the closest points as estab- lished and shown on survey dated October 6, 1958 prepared by Roderick VanTuyl , P.C. 2. If foundation is reconstructed, setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices, overhangs , steps , etc. ) at the nearest points.at the north corners, 3. This approval shall be an amendment to the prior Decision rendered November 3, 1986, and Condition No, 1 thereof, and incorporates Conditions No. 2, 3, 4, 5 and 6 herein. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki . (Member Grigonis abstained due to his absence at the public hearing [illness]. ) This resolution was adopted with a majority plus one votes (4) of the five members present. GERARD P. GOEiRINGEf�; CHAIRMAN January 14, 1987 7'f�L O J a'IlFILED By .LD To b Jld PATI,: F'OUR'',, . ; fi/Y Tow Clr_rk, To,,,n cf p --. hold APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman �� �Gy 53095 Main Road James Dinizio,Jr. a P.O. Box 1179 - Lydia A. Tortora Southold,New York 11971-0959 Lora S. Collins �y V►� ZBA Fax(631) 765-9064 George Horning �Ipl �.a0 Telephone (631) 765-1809 BOARD Ol? APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 25, 2001 Appl. No. 5010 —ROBERT DIBLASI 1000-37-5--1 Location of Property: 560 Bayview Drive, East Marion Date of Public Hearing: October 18, 2001 and October 25, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a 11,326+- sq. ft. parcel with street frontage along three sides of the property. The property is improved with a split-level frame dwelling with attached gavage as shown on the November 8, 1995 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL: Building Inspecto'r's Notice of Disapproval dated July 27, 2001, denying an application for a permit to build a three-aft. addition at the east side of the garage. The reason for the disapproval is that, under Section 100-244, the proposed addition to the existing garage area does not meet the minimum 35 ft, setback from the north front line and that the lot coverage will exceed the lot coverage limitation of the code. RELIEF_REQUESTED: Applicant requests a setback variance to locate a three-ft, extension on the garage with a front setback at 19+-feet, and by adding 66 sq. ft, of lot coverage, confirmed by the applicant's engineer, at 25.7% of the total lot area. ADDITIONAL INFORMATION: At the public hearing held on October 18, 2001, Board Members. discussed the two different calculations used by the Building Department and the applicant. The engineer for the application was asked to confirm the true calculation in writing. By letter dated October 19, 2001 from Warren A. Sambach, Sr. (received October 22"d), the area of the residence with existing garage is confirmed at 1868 sq, ft., or 24.9% of the total 11,326 sq. ft. lot area. With the proposed three ft. addition, the lot coverage was confirmed at 25.7%. REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materWs submitted and personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood ora detriment to nearby properties. Most of the properties in this old subdivision are small with irregular boundary lines similar to the applicant's property. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The garage is already existing and attached to the house. To locate a garage on any other part of the property would add substantial costs for alterations and create a need for more variances. Page 2—October 25,'2001 ZBA Appi. #5010—R. DiBlasi 1000-37-5-1 at East Marion 3. The area variance is riot substantial. The addition will add 66 square feet to the existing footprint. 4. No evidence has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLIJTION: On motion by Member Dinizio, seconded by.Member Collins, it was RESOLVED, to GRANT the variance for a three ft. addition at the east side of the garage as shown on the map dated June 28, 2001 prepared by Warren A, Sambach, P.E. This action does not authorize or condone any current or future use, setback or other feature of the subject property that: may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0). (Member H rning from Fishers Island was absent- excused.) GERARD P. GO HRINGER ~ CHAIRMAN 11- -01 3o I Town town C ,a,. APPEALS BOARD MEMBERS Os11i�F0(,�c - Southold Town 1 Gerard P, Gof;hringer, Chairman � OGy� 53095 Main Road Lydia A.Tortora W P.O. Box 11-79 George Horning 0 Southold,New York 11971-0959 Ruth D. Oliva y U jj ��� ZBA Fax (631) 765-9064 Vincent Orlando �Ol �� �� Telephone (631) 765-1809 http://southoldtown.northfork.net BOARD O.1+APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2002 Appl. No. 5112 — ROBERT• DIBLASI 1000-37-5-1 Location of Property: 560 Bayview Drive, East Marion Date of Public Hearing: April 18, 2002 FINDING,1 OF FACT PROPERTY FACTS/DESCRIPTION: Applicant's property is a 11,326+- sq, ft, parcel with street frontage along three sides of the property. The property is improved with a split-level frame dwelling with attached garage as shown on the November 8, 1995 survey prepared by Roderick VanTuyl, P.C. BASIS OF APPEAL: Building Inspector's Notice of,Disapproval dated February 22, 2002 denying an application for a permit to build an addition which will be 16 feet from the front lot line and 17 feet from the rear lot line, instead `of the minimum 35 ft. setback required under Section 100-244B RELIEF REQUESTED: Applicant requests an area variance to locate a Tx 22' one-story addition at the east side of the existing garage, to be 16 feet at the closest point of the front lot (north) line, and 17 feet from the closest point of the rear (east) lot line as shown on the plan prepared by Warren A. Sambach, P.E. dated 12-11-01, revised 1-9-02. REASONS FOR BOARD ACTION, Dr-SCRIBED BELOW: On the basis of testimony presented, materials submitted and:personal inspection, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Most of the properties in this old subdivision are small with irregular boundary lines similar to the applicant's property and this request. 2. The benefit sought cannot be achieved by some method, feasible for the applicant to pursue other than an area variance. The parcel is a compact area of 11,413 sq. ft. with three front yards and is without side yards (which are,allowed to be 10 and 15 ft,-setbacks by code). The property is improved with a preexisting dwelling in a nonconforming location. 3. The area variance. is not substantial. The new construction involves 154 sq, ft. within the garage area and does not cause a substantial increase of building area. 4. No evidence •has been submitted to indicate an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, 5. The variance requested was not self created and is related to the layout of the land and preexisting building setbacks, N� Page 2—May 16, 2002 ZBA Appi #5112—R DiBlasi 1000-37-5-1,at East Marion UUP" 1 6. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community, RESOLUTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance fora 7' x 22' addition at the east side of the garage as applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are,expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer(Chairman), Tortora, Horning, and Orlando. (Member Oliva was absent: due to illness.) This Resolut' duly adopted (4-0). GG,GH G . ARD P. GOEHRI�y GER HAIRMAN -r) RECEIVED AND FLED IT B�� I Tdhe w�UT��OT Tolr?i rJ (-i- z1 J D�.Tp S��`{ �L y,CL�R p1 I•I� 0 TGv,n C-I-r1.� Town cI, — r 'APPEALS BOARD MEMBERS OS�y��FQ��•C ��► pG Southold Town Hall Gerard R Goehringer, Chairman ® ' y�` 53095 Main Road Lydia A.Tortora C P.O. Box 1179 George Horning 9► Southold,New York 11971-0959 ; Ruth D. Oliva y �� �� ZBA Fax(631)765-9064 Vincent Orlando ��1 �� �a Telephone(631)765-1809 http://southoIdtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17, 2002 Appl. No. 5194 — CHARLES and ROSEMARY LUSCHER Property Location: 820 Bayview Drive, East Marion; Parcel 37-5-6, 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 11 category of the State's List of Actions, without an adverse effect on the environment if the project is Implemented as planned. PROPI=RTY FACTS/DESCRIPTION: The applicants' 1-1/2 story dwelling is located on the south side of: Bayview Drive in Gardiners Bay Estates, East Marion, and situated with nonconforming setbacks (front and sides) as confirmed by the May 31, 2002 survey prepared by Joseph A. Ingegno, L.S, The propeity contains 7,234.39 sq. ft. with 44.84 lin. ft. along Bayview Drive, BASIS OF APPLICATION: Building Department's June 16, 2002 Notice of Disapproval denying a permit to construct a second-story addition to an existing dwelling in a nonconforming location. The reasons stated for the disapproval is that ;3ection 100-242A, ref. Section 100-244, does not permit the proposed addition/alterations at less than 35 feet from the front lot line, less than 10 feet on a single side yard, and less than 25 feet for a total side yard area. The applicants are raising their roofline from 1-1/2 stories to a two-story dwelling, and adding dormers. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 17. 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: Applicants propose a second-story addition with dormers over an existing dwelling location. The addition will not extend beyond the footprint of the dwelling and is detailed as shown on the plan prepared by Penny Lumber for the applicants. REAS )NS FOR BOARD ACTION: On the basin of testimony presented, materials submitted, and member inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the neighborhood or a detriment to nearby properties. The applicants wish to correct a severe structural deformity in the roof of the dwelling. The correction requires a crape style roof line. Except for the new roof line and dormers, the overall footprint of the building will not be altered. 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 applicants have a nonconforming lot with nonconforming building setbacks. The only true addition are dormers on the rear of the dwelling. Page 2•-October 17, 2002 Vo ZBA Appl. No. 5194—C. and A. LuscheriParcel 37-5-6 at Southold I . 3. The variance granted herein is not substantial. The lot is a established, well-landscaped parcel with natural contours both in the front and rear yards. 4. No evidence has been submitted to this board to suggest that this minor variance will have any adverse impact. The premises has sufficient elevation above Spring Pond. There will be no disturbance of the existing foundation during reconstruction of the second story of the dwelling. 5. Grant of the requested variance is the mininrnum action necessary and adequate to enable the applicant to enjoy the benefit of a second story for their dwelling, while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Orlando, and duly carried to GRANT the variance as applied for, and shown on the unlabeled plan prepared for the applicant by Penny Lumber and copy of the applicants' survey showing the proposed dormers and raised roof for a second story-addition. 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 C"lode, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Tortora, Horning, and Orlando. (Member Oliva was absent.) This Resolution was duly adopted (4-0), GG Gerard f+.Goehringer—Approved Krr Filing RECEIVED -ru'M FTLED By TIZ S0UIza��D TOwiq CLARK Id JaaIVL_FOUR $;3Q o '''''p, r ==-'t, TOMM of' *SouthoId APPEALS BOARD MEMBERS p�• oSuiFFo4� OG Southold Town Hall Gerard P. Goehringer, Chairman ! y� 53095 Main Road Lydia A. Tortora P.O. Box 1179 George Horning _ iSouthold,New York 11971-0959 Ruth D. Oliva y aj p�� ZBA Fax(631) 765-9064 Vincent Orlando ��1 ;� �a Telephone (631) 765-1809 http://southoldtown,north£ork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2002 Appl. No. 5205 -Frank and Camille Pirozzi Property Location: 1090 Bayview Drive, East Marion; Parcel 37-5-9. 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 an adverse effect on the' environment if the project is implemented as planned. PROPERTY FACTSMESCRIPTION: The applicant's property is a 13,014 sq. ft. corner lot with frontage 128.92 ft. along the south side of Bayview Drive and 85.78 ft. along the west side of Knoll Circle at Gardiners Bay Estates (Lots 18 & 19 combined), in East Marion. The property is improved with a one-story frame dwelling and garage, as shown on the 5-13-02 survey prepared by J. Ehlers for the applicants. BASIS OF APPLICATION: Building Department's July 23, 2002 Notice of Disapproval denying a permit to construct additions/alterations to existing dwelling which will be 'less than 35 feet from the front lot line. AREA VARIAI`XE RF; VESTED: A Variance is requested under Section 100-244B to locate a proposed 12' x 23' (x variables) addition at the north side of the existing dwelling proposed at 30 feet at its closest point (on an angle), as shown on the survey prepared May 13, 2002 by J. Ehlers, L.S. REASONS FOR BOARD ACTION, DESCRIBED BELOW:' Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. This small-proposed addition is typical for this community and will not alter or change the house. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. Since this is a corner lot and the applicant has very close sideyard setbacks already this is the logical location. 3. The requested area variance is minimal, a 5 foot reduction of a 35 foot front yard setback. 4. The difficulty was self-created when the house:was placed in his present location. N 0 � Page 2—November 21,2002 ,� Appl.No, 5205—F. and C Pirozzi 37-5-9 at East Marton 5. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. No evidence has been submitted to suggest that this minor variance will have an adverse impact on the physical or environmental condition in the neighborhood. 6, Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition to their dwelling, while preserving and protecting the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Orlando, seconded by Member Tortora, and duly carried, TO GRANT the application as applied for and shown on the 5-13-02 survey prepared by John C. Ehlers, L.S. This action does not authorize or condone any current or future use, setback or other features of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringop- hairman), orto , Oliva, and Ian . This Resolution was duly adopted (4-0). (Member ruing of Fis rs Isl d was e GERARD P. GOE GER, firman D TO DATE, HOUR -7 e G' BOARD MEMBERS ��®� ®��� Southold Town Hall Leslie Kanes Weisman,Chairperson �� e ®�® 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ®� �® Town Annex/First Floor, Robert Lehnert,Jr. ®� 54375 Main Road(at Youngs Avenue) COMM Nicholas Planamento RECEIVE® http://southoldtowmy.gov puk 6 5-,01 ZONING-BOAIA;D OF APPEALS FEB 2 6 20 0 TOWN OF SOUTHOLD � a • Tel.(631)765-1809 v Fax (631)765-9064 Southold Town (dark FINDINGS, DELIBERATIONS AND DETERMINA MEETING OF FEBRUARY 20, 2020 ZBA FILE: 47373 NAME OF APPLICANT: Kendall Todd PROPERTY LOCATION: 670 Bayview Drive, (Adj, to Spring Pond) East Marion,NY SCTM#1000-37-5-3 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 12, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county.-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated January 23, 2020. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. This determination was made based on the following: 1. The footprint of the demolished structure will not be expanded supporting community character, 2. The proposed new single-family residence is not located within a mapped FEMA flood zone or discordant with the surrounding community character. 3. A Board of Trustees Wetland Permit(No, 7853) required a non-turf buffer to protect the wetland. Due to the high residential density in the area, undersized lot and close proximity to surface waters; in the event the action is approved, it is recommended that the Board require the installation of a I/A OWTS and compliance with Chapter 236 Stormwater Management to further Policy 6. Protect and restore the quality and function of the Town of Southold's ecosystem. PROPERTY FACTS/DESCRIPTION; The subject, non-conforming 12,336 square feet, , irregular-shaped waterfront parcel located in the R-40 Zoning District measures 76.88 feet between tie lines along a curve in Bayview Drive, runs south 128,37 feet along a residentially developed lot to the east, then follows a wooden bulkhead at Spring Pond (Peconic 13ay) 22.99 feet west. The parcel continues 22.82 feet, 28.92 feet, and 64.69 feet along the same body of water and returns 120.96 feet running north along a second residentially developed lot to the west. The parcel is developed with a one and one half story wood-frame residential structure with attached Page 2, February 20,2020 #7373,Kendall SCTM No. 1000-37-5-3 wood deck and trellis over part of it, a driveway, loose slate walk-way to and over a concrete and wood retaining wall leading to a non-turf buffer at the wood bulk-head with a ramp and floating dock, as shown on the survey prepared by Paul Barylski, Licensed Land Surveyor, and last revised July 24, 2019, BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 6, 2019 Notice of Disapproval based on an application for a permit to demolish an existing dwelling and 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. RELIEF REQUESTED: The applicant requests variances to demolish an existing single-family residence built prior to zoning,with less than code conforming minimum front yard and rear yard setbacks, and to construct a new, two-story, single-family residence maintaining the existing wood deck and using the previous foundation's location measuring approximately 36 feet by 51.6 feet with a front yard setback of 32.4 feet where the code requires a minimum front yard setback of 35 .Feet and a rear yard setback of 34.7 feet where the code requires a minimum rear yard setback of 35 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on February 12, 2020 submitted a plan, prepared by Luigi Pascarella, P.E., dated February 11, 2020, increasing the rear yard setback to 35 feet, removing the need for a second variance, and bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: No immediate neighbor or member of the public spoke in favor of or against this application. However, an email was received prior to the public hearing from a neighbor supporting the application who requested that the applicant address parking of cars and the storage of boats on site. A New York State Department of Environmental Conservation Letter of No Jurisdiction Tidal Wetlands Act is included in the application and dated November 15, 2019. Town of Southold Trustees' public hearing is pending the Town of Southold Zoning Board of Appeals application. The applicant stated their willingness to install a new Suffolk County approved Innovative and Alternative (I/A) sanitary system. The subject property is not located in a flood zone. FINDINGS OF FACT/REAS0114S 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 11267-b(3)(b.)Q_. Grant of the variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Gardiner's Bay Estates is a private, bayfront community consisting of residential lots developed in the mid-20th Century on small, irregular-shaped parcels accessed by narrow country lanes nestled in a hilly, woodland setting bordering tidal wetlands, creeks and a sandy beachfront. Many of the neighborhood homes have undergone substantial renovation taking advantage of views and access to association amenities. Grant of the variance 2.6 feet less than the required minimum front yard setback of 35 feet will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties since the reduction is barely discernable to passersby and the general public. This hardship is offset by the fact that the lot is previously developed at this setback and the topography slopes southward towards Spring Pond, 2. Town Law_�267-b(3)(b){ The benefit sought by the<<pplicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can follow current zoning and meet the Page 3,February 20,2020 #7373,Kendall SCTM No. 1000-37-5-3 minimum front yard setback of 35 feet; however, there is an existing foundation, for a house that has stood for over fifty years, which the applicant proposes to follow. 3. Town Law §267-b(3)(b)(3)-. The variance as amended herein is not mathematically substantial, representing 7.4% relief from the code. Additionally, given the natural terrain of the site, existing landscaping and the previous existence of a single-family residence, any impact on the neighborhood will be mitigated and not discernable from the road. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, 5. Town Law §267-b(3)(b)(5), The difficulty has been self-created. The applicant purchased the parcel after the Zoning Codo was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 267-b. Grant of the requested relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new, wood-frame residence measuring approximately 36 feet by 51.6 feet including an existing wood deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD; In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Lehnert, and duly carried, to DENY the variances as applied for and GRANT THE RELIEF AS AMENDED, as shown on the Plot Plan prepared by .Luigi Pascarella, P.E., PLLC, and dated February 11, 2020, and the Engineer's Drawings labeled T- 100, T-101, T-102, T-103, A-101 through A-106, A-201, A-202, A-301, A-302 as prepared by Luigi Pascarella, P.E., PLLC, and dated October 9, 2019. SUBJECT TO THE FOLLOWING CONDITIONS; 1. The Applicant shall receive approval from the Town of Southold Board of Trustees. 2. The applicant shall install an Innovative and Alternative Wastewater Treatment System approved by Suffolk County Board of Health. 3. The existing attached wood deck is to remain open to the sky above, 4. Vehficular parking for residents and guests shall! be provided for on the subject property. 5. No storage of boats, trailers and/or non-registered equipment may be kept on site. That the above conditions be written: into the Building Inspector's Certtficate of Occupancy, when issued. Before applyingfor a building errrttl, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final building plans (engineer's drawings) conforming to the amended relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application andpublic hearing before the Zoning Board of Appeals. 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, Qu�FU� ELIZABETH A.NEVILLE,MMC r/y Town Hall, 53095 Main Road TOWN CLERK o= P.O.Box 1179 COD = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .F Fax(631)765-6145 MARRIAGE OFFICER �'� �� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Dl a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: January 22, 2020 RE: Zoning Appeal No. 7386 Transmitted herewith is Zoning Appeals No. 7386 for 860 Bayview Drive LLC: The Application to the Southold Town Zoning Board of Appeals �/ Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval �Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Copy of Deed(s) J 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- , Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/22/20 Receipt#: 265744 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7386 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#396 $250.00 Ciampa, Joseph &Alexandra Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 i Name: 860, Bayview Drive LLC 105 High Farms Rd Glen Head, NY 11545 Clerk ID: JENNIFER Internal ID•7386 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : January 21 , 2020 ZBA# NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7386 860 Bayview Drive 396 $250.0 LLC CO JAN1 2 2 2U20 Southold Town Clerk TOTAL $250.00 Sent via Inter-Office to Town Clerk by: ES Thank you. I JOSEPW!G C I AnRn c cuwieA - W = 396 LExAN 105 HIGHTARMS W' So-ii33iiia. GLEN HEAD;r,:'1F1545 ' d ..-. �. Date n $CHECK Pay to the _.. l W I Oider of COLLEGE POItlr;RtEW YORK^11368 ^I For L I Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/27/20 Receipt#: 266015 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7386 $250.00 Total Paid: $250.00 Notes: Additional Fee Payment Type Amount Paid By CK#403 $250.00 860, Bayview Drive LLC Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: 860, Bayview Drive LLC 105 High Farms Rd Glen Head, NY 11545 Clerk ID: JENNIFER Internal ID•7386 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : January 23, 2020 ZBA# NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 7386 860 BAYVI EW (Additional DRIVE, LLC 403 $250.00 RECEIVED Fee) JAN 27 2020 Southold Town Clerk TOTAL $250.00 Sent via Inter-Office to Town Clerk by: ES Thank you. -_- Ho Yc CIA> iP� 105 NIGH FAROS RD-; r� sari Iiia; . I GLEN HEAD,NY'.17545 Pay to the Date'- I Order of JV4, I W U .t1 cti0... ~Dollar`s I COLLEGEPQINf;!mE YORKlim For .' - TYPESET- ',Fn Jun 26 12 53 38 EDT 2020 dwelling, at 1) less than the code required NY SCTM No. 1000-40-2-11. LEGAL NOTICE minimum rear yard setback of 35 feet;located 2:00 P.M.-HARD CORNERS PROPER- SOUTHOLD TOWN ZONING BOARD at 5194 Great Peconic Bay Blvd,Laurel,NY TIES,LLC#7387-Request for a Variance OF APPEALS SCTM No 1000-128-2-20. from Article X, Section 280-46 and the THURSDAY,JULY 9,2020 at 9:00 AM 10:50 A.M.-MAUREEN BENIC#7389- Budding Inspector's January 14,2020 Notice PUBLIC HEARINGS Request for a Variance from Article III,Sec- of Disapproval based on an application to This PUBLIC HEARING will be held tion 280-15 and the Building Inspector's No- construct a mixed-use commercial building virtually via the Zoom online platform Pursu- vember 21,2019 Notice of Disapproval based with accessory apartments and four single ant to Executive Order 202.1 of New York on an application for a permit to legalize an family dwellings upon a 99,208 sq.ft.parcel, Governor Andrew Cuomo in-person access "as-built"accessory pergola,at 1)located in at, 1) one commercial and four residential by the public will not be permitted other than the code required rear yard;located uses upon a single parcel measuring less than The public will have access to view,listen ar 375 North Parish Drive,(Adj.to Southold the minimum allowed 100,000 sq.ft in total and make comment during the meeting as it is Bay)Southold,NY SCTM No.1000-71-1-4, area;located at•.53530 Main Road,Southold, happening via Zoom Details about how to 11:00 A.M.-ERIC FREND#7370-Request NY SCTM NO. 1000-61-4-1 tune in and make comments during the meet- for a Variance from Article XXIII, Section The Board of Appeals will hear all persons ing are on the Town's website agenda for this 280-124 and the Building Inspector's October or their representatives,desiring to be heard at meeting which may be viewed at http•//www. 7,2019,Amended October 30,2019 Notice of each hearing,and/or desiring to submit writ- southoldtownny gov/agendacenter.Addition- Disapproval based on an application for a ten statements before the conclusion of each ally,there will be a link to the Webinar Zoom permit to construct an accessory shed at, 1) hearing. Each hearing will not start earlier meeting at http-Hwww southoldtownny gov/ more than the code permitted maximum lot than designated above Files are available calendar aspx coverage of 20%, located at 3690 Great for review on The Town's Weblink/. If you do not have access to a computer or Peconic Bay Blvd.Laurel,NY.SCTM#1000- Laserfiche under Zoning Board of Appeals smartphone,there is an option to listen in via 128-6-6. (ZBA)+oard Actions*ending.Click Link: telephone. You may Join by Telephone- +1 11:10 A.M.-ANTHONY NAPPA#7406- http://24.38.28.Z28:2040/weblink/ 646 558 8656,Webinar ID:984 2067 7181, Request for a Variance from Article III,Sec- Browse.aspx?dbid-0.If you have questions, Password: 435764. Call the ZBA office at tion 280-15 and the Building Inspector's Jan- please telephone our office at(631)765-1809, 631-765-1809 for help uary 28,2020,Notice of Disapproval based or by email.kimf@southoldtownny.gov 10:00 A.M. - A L E K S A N D E R on an application for a permit to construct an Dated:June 25,2020 MYFTARAGO #7346 - (Adjourned from accessory in-ground swimming pool, at, 1) ZONING BOARD OF APPEALS January 2,2020)Request for Variances from located in other than the code required rear LESLIE K A N E S W E I S M A N, Article IV, Section 280-15; Article XXIII, yard;located at:425 Jacobs Lane,Southold, CHAIRPERSON Section 280-124,and the Budding Inspector's NY.SCTM No. 1000-88-1-1.5. BY,Kim E.Fuentes July 30, 2019, Amended January 17, 2020 1:00 P.M. - SOLUTIONS EAST, LLC 54375 Main Road(Office Location) Notice of Disapproval based on an applica- #7379-(Adj.from March 5,2020)Request 53095 Main Road(Mailing/USPS) tion for a permit to legalize an "as built" for a Variance from Article I11, Section P.O.Box 1179 accessory garage and demolish an existing 280-15 and the Building Inspector's Novem- Southold,NY 11971-0959 single family dwelling and construct a new ber 19,2019,Notice of Disapproval based on 2480830 single family dwelling,at, 1)accessory ga- an application for a permit to construct an rage located less than the code required mini- accessory garage,at,1)located in other than mum rear yard setback of 3 feet;2)accessory the code permitted rear yard;located at 1055 garage located less than the code required North View Drive, Orient, NY. SCTM No minimum side yard setback of 3 feet,3)con- 1000-13-3-1. , struction more than the code permitted maxi- 1:10 P.M. - ALEXANDRA BAUMRIND mum lot coverage of 20%,located at 135 Oak #7393-Request for a Variance from Article Place, Mattituck, NY SCTM No. XXII,Section 280-105 and the Building In- 1000-142-1-11 spector's January 2,2020,Notice of Disap- 10:10 A.M.-RHODA M.URMAN AND proval based on an application to construct an STEPHEN SPILLER#7383-Request for a 8 foot deer fence;at, 1)more than the code Variance from Article XX1II, Section permitted maximum four(4) feet in height 280-124 and the Building Inspector's De- when located in the front yard;located at 1965 cember 11, 2019, Notice of Disapproval -Mulberry Street,Cutchogue,NY.SCTM No. based on an application for a permit to con- 1000-83-2-12 1 struct additions and alterations to an existing 1:20 P.M. - ALEXANDRA BAUMIIM single family dwelling, at, 1) less than the #7394-Request for a Variance from Article code required minimum front yard setback of XXII,Section 280-105 and the Building In- 35 feet;located at 85 Lake Court,Southold, spector's January 2,2020,Notice of Disap- NY SCTM No 1000-59-5-8 3 proval based on an application to construct an 10:20 A.M. - PAUL M. FRIED AND 8 foot deer fence,at, 1)more than the code ELIZABETH O'BRIEN FRIED#7385SE permitted maximum four(4) feet in height -Request for a Special Exception under Town when located in the front yard;located at 2215 Code Article I11, Section 280-13B(13), the Mulberry Street,Cutchogue,NY SCTM No Applicants are the owners of subject property 1000-83-2-12 2. requesting authorization to legalize an Acces- 1:30 P.M. - RIMOR DEVELOPMENT, sory Apartment in an existing accessory LLC, HARVEST POINT CONDOMIN- structure,located at 1050 Hyatt Road,South- IUM#7398- Request for a Variance from old,NY.SCTM#1000-50-1-13 1. Article XXII, Section 280-105A and the 10:30 A.M.-860 BAYVIEW DRIVE,LLC Building Inspector's January 23,2020 Notice #7386-Request for a Variance from Article of Disapproval based on an application for a III.Section 280-15F and the Building Inspec- permit to construct a 10 foot high fence sur- tor's January 6,2020 Notice of Disapproval rounding a tennis court,at 1)more than the based on an application for a permit to legal- code permitted four(4)feet in height when ize an"as-built"accessory garage,at,1)less located in the front yard;located at 51 Mill- than the code required minimum front yard stone Lane(Harvest Point Lane),Cutchogue, setback of 40 feet, located at 860 Bayview NY.SCTM No. 1000-102-1-33 8 Drive, (Adj to Spring Pondj Easi-iGlarion, 1:50-P.M.ERIK-SMITH-#7400 RRequest ---- - - - -------- --- NY SCTM No 1000-37-5-10 1. for a Variance from Article III, Section 10:40 A.M. -MINTON IRREVOCABLE 280-15 and the Building Inspector's January TRUST#7388-Request for a Variance from 31,2020 Notice of Disapproval based on an Article XXIII, Section 280-124 and the application for a permit to construct an acces- Building Inspector's January 17,2020 Notice sory in-ground swimming pool,at 1)located of Disapproval based on,an application for a in other than the code required rear yard, permit to legalize"as-built"additions and al- located at, 280 Homestead Way.Greenport, terations to an existing single family �t #0002480830 OSTATE OF NEW YORK) )SS: EOUNTY OF SUFFOLK) 40vt Lori Bazata of Mattituck.in said coun ,$Cng d�l_yu hat-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 07/02/2020 Principal Clerk Sworn to before me this day of . �.\cam '�O'yc MELISSA R DEBOER NOTARY PUBLIC-STATE OF NEW YORK SUFFOLK COUNTY LIC.#01 DE 349898 COMM,EXP..Lo_ 3� ap BOARD MEMBERS *®v SO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 4Z �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes A Town Annex/First Floor, Robert Lehnert,Jr. `ter® a® 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��'c®U \� Southold,NY 11971 9 http://soutlioldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)7LEGAL NOTIC C031)765-9064 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 9, 2020 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July 9, 2020 ZBA meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live and provide written comments via email or by USPS prior to the date of the public hearing. Below, please see instructions for the video conference hearing on our website under http://www.southoldtownny.gov/anendacenter for the date of the hearing. You may also join by Telephone: +1 646 558 8656, Webinar ID: 984 2067 7181, Password:435764 10:30 A.M. - 860 BAYVIEW DRIVE, LLC #7386 - Request for a Variance from Article III, Section 280-15F and the Building Inspector's January 6, 2020 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory garage; at, 1) less than the code required minimum front yard setback of 40 feet; located at 860 Bayview Drive, (Adj. to Spring Pond, East Marion, NY. SCTM No. 1000-37-5-10.1. 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 on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631) 765-1809,or by email:kimf@southoldtownny.gov Dated: June 25, 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 Fuentes, Kim From: Joseph G. Ci,ampa <josephciampa@msn.com> Sent: Saturday, July 11, 2020 2:02 PM To: Fuentes, Kim Subject: 860 Bayview Drive - Joe Ciampa Hi Kim. Hope all is well. I wanted to reach out and apologize for not participating in Thursday's ZBA hearing regarding the garage variance at our home. When called upon, each time I clicked the microphone it would kick me out of the program and have me sign in again. The contractor we used made an error on the corner of the garage. We were very disappointed by this and embarrassed to waste the boards time in seeking a variance for the error. We also wanted to thank the board for a great job and effort put forth in steering through these uncertain times. We know it is not easy and it does not go unnoticed. Although Mike Kimack represents us on this application, if Leslie or any of the members would like to contact me directly, I can be reached at this email or directly at 917-662-5443. Be safe and well. Sincerely, Joseph &Alexandra Ciampa ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Sakarellos, Elizabeth To: mkimack2@verizon.net Subject: Minton 7388 & 860 Bayview 7386 Attachments: Minton Irrev 7388 ZBA pa_20200622121118.pdf, 860 Bayview'DriveLLC 738_ 20200622120855.pdf Good afternoon, Attached please find the information for your July 9, 2020 ZBA Video Conferencing Public Hearing, including instructions for mailings and sign postings, affidavits of mailing and posting, Laser Fische instructions, and instructions to access the public hearing. Please read the all documents carefully, and note date(s) that mailings and postings need to be completed The attached will also be mailed to you today for your use, including the hard copy of sign(s) for posting If you have any questions or concerns, please contact our office. Thank you, EL'zi2betk sa I,,a reLLos Zoning Board of Appeals Town Annex/First Floor 54375 Main Road Southold, New York 11971 (631) 765-1809 i BOARD MEMBERS. OF SOU _ Southold Town Hall Leslie Kanes Weisman,Chairperson O�� Tiy®l 5309.5 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora .y-s- Office Location: Eric Dantes C'm _ Town Annex/First Floor, Robert Lehnert,Jr. K%, ® x �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��,t70U Southold,NY 11971 http://soutlioldtownny.gov ZONING BOARD OF APPEALS A"�,�b"1 TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 June 22, 2020 Deaf Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the July 9, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live. Below, please see instructions for the video conference hearing and material required to prepare for the ZBA public hearing which include: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Posting should be done by July 1, 2020. 2. SC Tax Map with property numbers. 3. Legal'Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office verifying that you have properly mailed and posted. 5. Instructions for Laserfiche/Weblink to view application. Please send by USPS Certified Mail, Return Receipt the following documents 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. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by June 26, 2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. A � ' Instructions for ZBA Public Hearing- Page earingPage 2 b. Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownnygov or elizabeth.sakarellosgtown.southold.n�us c. Instructions for Laserfiche/Weblink to view all pending applications. Link to view pending applications: http://24.38.28 228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold > Assessors > Assessment Books/Tax Rolls > 2010-2019 > 2019 http•//24 38 28 2282040/weblink/0/doe/1022250/Pa eg 1 aspx. We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits to kimf a,southoldtownnygov, and promptly mail the originals to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing pursuant to New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Sincerely, Kim E. 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Above: Homepage, Click on Link "Town Records”Weblink/Laserfiche Laserfiche WebLink >!;' a MyweUU,x i h'c,p'nwwt I 54;no,4 Home Browse 'search To M t;thold TownOfSouthold name Page-um ti Toren C11,1,t Entry Properties _ Ti,—.,Stolon Path +�Trustees Tcrm(71afo=held .,;,Zoning 9oard of Appeals IZ3n) Creation date rx5l20fa 115;»tAll Pogo 2nl2 First a t i 2 29 Entries Last..df'ed 1:12/20'7 S 25 27,Mi It Metadata • ' No m nodaw arngnc i Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)folder/link. I 7 Laserfiche Instructions ZBA Files Page 2 Laserfiche WehLlnk v 'r r,:y•remL;;,.t wisp 1 Ar—t s.&,wt !tome Browse Sea>ch To-iOfSouth.ld>Zoning Board of Appeals(M) Name Page couru ,•tem0�a481ianie,„ Zoning Board of Appeals s_ (ZBA) 7 NphatxtKal IMex EntryProperties Boars accons L—f(he Search Gu•dES Path 'Meeting SC dines 7 mrdNY.xrh:.J 7r,ror.g,War., p{%�i'Yy3!;tLd�; M,nute5/A$anda511ega1 NPSK@zniEanngs Creation date P-ding v Peports Last niodthed ,.2 72C•I t u'<a Ahs L;.Sp.,J4 Event P.—ts .j T.aning Mquirorne.s ZBA Officals 2 Meuaddta [s ZBA P.W11 , N.- j Exceptions Llzt Ctde 2M IOC(3) t j IunWdK listing s --- .-,j ZBA Book of Mepped 1977 Existing Lott 189 oCedms b Rewhx :cMk alWpep-sm.uxUies]i �'BUN.schedules 5 Agreemenn.Contracts L leases Page 1 of 1 to Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. ft } Most Visaed �GatingStniked" t Southo)d 11)ff kit, : etTtw=P9yNetZtio ;DatetiuisticgCa{tutiw�;7aYd10f5oyifio4t=rl'a .'�=5oitholtl=.Cer _. ._�. .......:.....:....... ..__.:,,...�.•�...a -._tea_.�....... _.`..."._._..`....___�__ ..:...:__ :,. Laserfiche We4Link_.,._.._. _ ._. . Yvgei Home Browse Search TownOfSouthold,Zoning Board of Appeals(ZBA)>Board Actions>Pending Pending ED 9025 MAIN ROAD LLC.CARDINALE Entry Properties C&L REALTY-Withdrawn Path JEMCAP SD 1 LLC ) q^roin,artwtte�ptBP j.1^.' r PECONIC RECYCLING TRUCK ra'.S'',ta'�t •'� THE ENCLAVES Creation date ' 97370-Frend 1000-128.6.6 3128/2017 11,36 07 AM 47379-Solutions East 1000-13-3-1 Last modified 619INJ20 3 58:58 PM 97383 Spiller 1000-59.5-8 3 P7364SE-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 R Metadata _ 077385 SE-Fried 1000.50.1.13.1 No trewdata assigned 97366 860 Bayview Drive-LLC 1000-37-5-10.1 97387 Hard Comer 1000.61-4-1 07387 Hard Corner-SITE PLAN-Arch Plans 1000.61-4-1 t tg 97388-MintonIrcev.Trust!Olin-128:2-20 97389 BeNC 1000-71-1-4 ;x7406-Kappa 1000-88.1-1.5 Page 1 of i Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 4 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLlnk '-`t� °' MfWw ,,nkIfelp 1 ham'Signer Home Browse Search TownOtSoulhold>Zenirlg BoArd w Appeals(ZBA),Board Actions Board Actions dame -- - - _ Page count, • :;Template name�._Y�_ ..._.._....., - -... --- - - r.195719'9 Entry Properties )Q 1980 1999 Path -n 2000 Tcwx0M',jtho.dVWW,19 tt,lyd Q!Appealb(ZRA)%Beard Act 0n5 ra 2001 Creation date 0 2002 71100,X.12 21 5-PM --r 2003 Last modlfled N't 2004 . "2&r1J�71's60i AM ri 2005 2 Metadata f2 2006 t�'^rn..l'ic+3:.'JtSlgned " 2007 K;7,2008 2009 &Results ---_ tom^'.2010 511h/Ptp-Sm9ersthes2 r 0 2011 M 2012 2013 W tt 201.1 M 2015 C.7 2016 2017 + rl Pending rnvhaIlhhru hmMpep-time9TSU5es2 P�..w 5�(5 ..r_.»._ Above: Board Actions,are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". tome Bro 5eat<h TAnOi54V'ntirr'+iC•sr•}E�+Sra o'APJe Mt 2iva 0.at•d A:1fOr�1'2C11- 2017 w Lnsa v.T 9o,ra A<•w.r5 t Cnt7 VrePerti<5 �d'v>3 %8 u»�e amm�i Perh 9a Gwro T.twnS . tti. .:e^,!x.+i &Tw+ +m ewreanrorr5 +c.vY.'l+ r '��p 66 tlwra Acdwn mrr e..t ro+t T, 9o„a..a.om v.rl rAtd last nvdRlM A TO'a 114 �dAnMnS A;N15 i' awM AaonS t ue:aaa+a o a t!lC'L SJ ver.ttkv5 r.rvA.a�ara".F n, X 14 T ro 9axa anwm ;�:0 8 Se ewrd Anvers i Mt4 S9 eoa dActwrs 4t roio 57 6oara A<tum $�t A_t 59 Owed ArSwz CIT 3 tlw d A—I '023 lis BaaO A.Mm R m2a 68 aord uUon T015 2f8 awM Mtwrs 't'$tCb Ji Bs dM h:CIT 9C aw-c Xuors 5s1 70:6 63 Para Aawm •$.Cp 3 .—da.Ton 9 Tmc. t Gr..a Arwu�. Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions 10 ZBA Files - Page 4 ca she l ' Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLlnk Tasha Al Home Browse Search cLstomae Search 10 Sort results by. Relevance Rece.ds Manage nt Saarch J 7016 Field name Boarc AC6or.5.83 page S) 0'..Will Page count 83 Template name Hoard Actions 'Riset. Page 3 Colin and Kristen Cashel PROPERTY LOCATION 162 L—r Shingle Hill Risher Page 4 19 2017 07016,Cashal SCM No 1000 9 1 26 min!mus approval to rema P10e S y 19 2017--7016 Cashel SCTM No 1000-9 1 26 GRANT.the—lances as. Seard,terms Pate 9 COLIN&KRISTEN CASI IEL SECTION 009 BLOC Page 20 Thomas Ah'gren(Oshal)PO Boz 342 Fishers l0and NY z Show more Intormation i 7018 Board AC.Ons-S6 pages) Page count 56 Template name Board Actions n;ga-1g 9'30P-M COLIN CASHEL AND Vanancesunder Article ldSectionANN- Pagt16 ance(s)KRISTEN CASHELF7016 Request proposed trellis located mother tha, a Snow more mlonnatlon Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. e, Laserfiche WebLlnk _ ® MFWeaL+nk HelpAb—15a Home Browse Search To&PO",tilhold A Lonng Board of Appeals(2BA)>M,InuleS/Agendas/Legal NOUCes/Hearings Minutes/Agendas/Legal Pate couru 'Tcm'plate Notices/Hearings (_+1957 1979 Entry Properties 1a%o 1999 rr 2oca2w9 Path cn 20,0 SivrtlOfytxdtx*I()12axrtg BOuJ Of APp1e-.as r 2011 28A>v.im:An'Ageni.wrega: NOIKeS/i'c!^t`g1 .=2017 Creation date is 2013 71101�,,D':S',4C PM tn 2014 Last ,Wjfled .^.2015 72116J.C10 2010 R Met3data r,2017 NOlrxtadala as<-,grlccl Page 1 of 1 11 Enh .v„�.-._..r-.•+aye:w..<'.r:.,•^<,.w.u.•r.n:aots tur.�.v<'•c-a...«.« Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files u� Page 5 Laserfiche WobLink !„v, � iywebUnk i Help I About i Home Browse Search ToY OfSouthold>Zoning Board of Appeals(ZBA)>MinLAes2Agendas/Lega1 Notkes/Heanngs>2017 2017 Name Paga COUnt_ ._ 2BA 0!!05/2017 7 A En[ryProperties - - Ll ZBA-0110542017 Agenda a Pelh ;,ZBA-01/05/2017 Heanng 40 tevmt(HSuuthcdd'1.0orry183etd of Arplak j ZBA 01/05/2017 LN 3 t7BA,1/,'nuteL4C 1w.eFa' La ZBA 01/19/2017 2 Notuevt.eanngsVC:7 ZBA-0111912017 Agenda 2 Creation date 11116'107 L 27513 PM ZBA 02/02/2017 7 Last modified L3 ZBA 021021-1017 Agenda 4 01,4120 1<`i,59 P0.' ;)ZaA 02/02/2017 Heanng 45 z Metadata Q ZBA 02/02/2017 LN 3 j ZBA-07/1612017 Agenda 3 yj ZBA 02.116/20775pecbl 3 edu'e h Resuhs - ;j ZBA 03/02/2017 7 r h.hl'pp—w-U-2 `j ZBA-03'0712017 Agenda 4 j ZBA 03/02/2017 Hearing 65 ZBA 03/02/2017 LN 3 ZBA 03/16/2017 Agenda 3 i)ZBA 03/16/2017 SpKiai 3 j ZSA-04/06R017 5 L]ZSA-"06/2017 Agenda 4 V ZBA-OvAW2017 Heanng 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 NOT CE OF HEARNG The following application wHE be heard by the Sauthagd Town Board of AppeaOs VRA ZOOM INTO ZBA WEBSETE FOR AGEN DA on http-mo South o 0 dtown-i ny. g ov LLC #7386 NAMEIM 860 BAYV � EW DR �V ,,.. , --SCTM 0 '2 1 000En37m5ml Go I VARRANCEEO YARD SETBACK REQUESTs L AE ZE "AS N L711 ACCESSORY GARAGE D THURSDAY, JULY 9 � 2020 102230 AM ATEM You may revoew the file(s) on the town 's website under Town "Records/Weblig k : . Bd Board Actions/ Pending . ZBA Office telephone (631 ) 765=1809 'ONING 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://southtowLi.northfork.net March 2, 2020 Re : Town Code Chapter 55 -Public Notices for Thursday, April 2, 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 March 16th: 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 March 23rd : 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 March 25th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 31, 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. TOWN OF SOUTHOLD -� ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK LL AFFIDAVIT OF In the Matter of the Application of MAILINGS 8 96jy i c� (Name of Applicant/Owner) 9(OC) "'- VAJ r- kfl6-y\ SCTM No. 1000- 37— 5 — 10 ' (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK t' STATE OF NEW YORK I, ( ) Owner, (,k/) Agent "ZqZ4854 A /t/H%a residing at P Q&)e MV,I CJi/V d(4 New York, being duly sworn, deposes and says that: On the qday of v"U/�!� ,2000, I personally mailed at the United States Post Office in_J'O(/]?6t,0 ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the( ) Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before e this day of _ , 20 C� DAVID J.JANNUZZI NOTARY PUBLIC,STATE OF NEW YORK Registration No.02JA6052585 A "AQualified in Suffolk County Z5 tart' ublic) Commission Expires February 13, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. r Postal,See-vice U.S. Postal S6rVjCeTM CERTIFIED Mlv�RECEIOT -7 'CERTIFIEDMAILO RECEIPT Ln -r t'DOirii Mail Only 0 ru M r-4 Vomesti�mail Only C3 C3 r%- MOM, ILU1111699mrZir M 7G LYW�p F�, C3 ru 0 4 551 11 P LL art fled Mail Fee $3.55 Cenifled Mail Fes .tit.BAYt�gHO -7� Ln $ 0971 Certified ail Fee ru URE ipyl] L r Lr) r%- I G1741 A -3- $ $3.!55 Certified Mail Fee :I- ervices bai�add tee I $ $2.85, CX1ra;:iervjces&- 971 Ln $3.55 Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fea 40g,60,18) Return Receipt Fees(check box,add fee $ (1971 0 Return Receipt(electronic) $ 0 Return Receipt(hardcopy) $ $0.00 r 1 0 r-1 [I Return Receipt(electronic) $ r-3 EJ (hardcopy) Extra r $ y ff ---&Fees(checkbox,add te) E:3 Ll Carded Mail Restricted Delivery $ 0 El Return Receipt electronic El Return Receipt(hardcopy) C _ $fj 0() -3 []Certified Mall Restricted Delivery $ F, C3 c $ $ 3 C Ju C3 Certified Mall Restricted Delivery P- r-3 -110 E]Adult Signature Required $ alle C3 $ ostm 103 LJ Return Receipt(electronic) C-3 I C3 El Adult Signature Required $—LA-66 Ll?/ I []Adult Signature Restricted Delivery$ Ir. — OAdult Signature Required $ C;1 Here -01 C3 Ll Carded Mali Restricted Delivery $ OS ge C3 []Adult Signature Restricted Delivery 1;— 0 0 OAduft Signature Restricted Delivery$ LC-3 OAdult ✓Signature Required $ L/I Here C3 1k 0 Postage 6/ Postage El Adult Signature Restricted Delivery$ -z Er $ $0.70 E3 $0.70 ir E3 co 1P -< Er $ -0 (16/2V2020 rU $0.70 Postage rU Total Postage and Fees ,4/20::: -- Er ru ru Total Postage and (0 FILD -;?f rU Total Postage an Fees ru $ $0.70 $ $7.10 ru W.10 CO $ $7.10 06/24/ rU Total Postage and Fees 4 CO en $ Sent.T ", Sent To 0 r-4 -------------- lea8i-4. $7.10 -----1<N-P-W $ r=l Sent To • r r reopen 1?' _3 Street andApfWZP;orj C3 -94 ,Orp BOXIVO. r%- 9Y anfAArPffVc rl '�WRe6-01 n4YA A- AeA .dul JZ------------------------ ----- r- ZZY----------------- 0 - FY- 11 , -------------- t• -------pt--1 -ff-- --------------------------------- G16, 1a;= --------- r 0. or P Box 6. 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(Owner/Agent Signature) 1 � v Sworn to before me this Day of ,20 DONNA M-PALMER(Notary Public) Nary Public,State of IVew York No.01 PA5069978,Suffolk County Ga i xgiros December 9, * near the entrance or driveway entrance of property; tl�as *s$�St v si Ie to passerby ^ IA.MSi�natre C I Signatfe-l.-ye-- V -s-pi Signature N Complete items 1,2,and 3. _rII Ielyis. an -Prin and-�diJress on the reverse X Print your name and address on the revers X El Agent n t�our name , . X X 0 Addressee so.1hat we can return the card to you. Vk 1yAddress22_j -so-that we can return the card to you. 13. Received by(Printed Name) C. Date of Delivery m Attach this ca:rd,t6'tWe back'of the mailplece, B. Receive t Name) elivery E Attach this card to the back of the mailpiece, or,-qnthe front if space permits. or on the front if space permits. I 1 1 1. Article Addressed to: I Is delivery a9dress dif n s—s D. Is delivery address different from item 1? 0 Yes 1. ArticleAddre edto: If YES,enter delivery address below: E3 No AXIF if YES,enter delivery address below: [I No t/0/17Z Y rrA 0 Al,Y . 3. Service Type 0 Priority Mail Express@ 3. Service Type [I priority Mail Expressb 0 Adult Signature 0 Registered MaiITM 0 Adult Signature El Registered Mail� art fled Mail@ Delivery ert!fied Mai 0 Delivery 9590 9402 5397 9189 4369 41 Certified Mai Restricted Delivery 'R � | [I Adult Signature Restricted Delivery 0 Registered Mail Restricted 0 dult Signature Restricted Delivery 0 Registered Mail Restricted ~~~~ ~-~^~~~' ~~~ ' ---- - a] __ Merchandise 0 Collect on Delivery 'ur - ivery Restricted Delivery 0 Signature Confirmation-| 0 Collect on Delivery erch ds. �| Numberle= El Insured Mail 0 Signature Confirmation (over$500) (over 0 Collect on Del � )7U18 22-90 0001 ` . . 5- Domestic Return Receipt Ps F#r�3811,Jl.11y�21I PSN�53�-92-obl]1�90 31 Domestic Return Receipt a Completp.items 1,2,and 3. El Agent lgirature E3 Agent 7 and 3. Print your name and address on the reverse �=rtt Lj Acaressee � • print your name and address on the reverse 8 Re j d by(Printed Name) C. D e of D livery so that We can return the card to You- Received by(printed Name 0. Date of Delivery E Attach this card to the back of the mailpieoe, B. f the mallplece, &(D a Attach this card to the back El �uon�oa� 7A..8 • Complete items 1,2, [1 AddreV so that we can return the card to you. X . or on the front if space permit dress different fr it M 1? 0 Yes 1. Article D. is delive Article Addressed tO� If Y e t r delivery address below: [3 No If YES,enter delivery ad I E� No ffNI 0' 2501 6Vn~ 11#4 te436903 [3 Certified Mall Restricted Delivery Merchandise n 0 Collect on Delivery Restricted Delivery 0 Signature Confirmation� 9590 9402 5397 9189 0 Collect on Delivery Ei signature 00 firmation"" 0 Collect on Delivery 3. Service Type Express@ Expre 13 priority Mail 0 Adult Signature TRegistered Mail"- 3. Service Type 1 RegIste Ma 0 Registered Mail Restricted 0 Adult Signature , rrd Ma,'1TR::trjcteJ it Signature Restricted Delivery 0 Adult Signature Restricted Delivery Oeltuv IT livery --*turhnaReceipt for rtified Mail Restricted De ertified MaO rn'Recellct for 9590 9402 5801 0034 3009 72 0 Ce Me en, ridise � 0 Collect on Delivery Restricted Delivery El Signature Confirmation 0—A.4 0 Insured Mail 0 Signature Confirmation � �O OOO� ��Y� ur*� 0 Insured Mail Restricted �~. Insured , [11- 4572 8985, (over$500) � ' ` ^ DomesticRe elpt _ - -_/ � -4053 / pGp�rm8Bll.Ju�aonPSN'"~^~^--_— ------------� ' i � - .- . ``. ems 3. `- and . � so that we can return the card to you. � ' ' . . . � ` 13 Addressee N Attach this card to the back of the mallpiece, B. Received by(Pfint5d�ame) C. Date of Delivery 1. Article Addressed to: D. Is delivery address-Ole-rent from Rem 1? OYes If YES,enter delivery address below. 3 Service Type 0 priority Mail Express@ 13'Adult Signature Restricted Delivery 11 R:qistrered Mall Restricteo 9590 9402 5397 9189 4369 10 %bertified Mall Restricted Delivery MCurn Receipt for 10 Collect on Delivery -�-- Merchandise � � 0 Collect on Delivery Restricted Delivery 1:1 Signature ConfirmationTm . ivery -118 22911 0001 45nsureRestrictedDelivery, � ' � ' } BOARD MEMBERS ��®f S®�,�® Southold Town Hall Leslie Kanes Weisman,Chairperson C® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ® �� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �c®U ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 2, 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, APRIL 2, 2020. 10:10 A.M. - 860 BAYVIEW DRIVE, LLC #7386 - Request for a Variance from Article III, Section 280-15F and the Building Inspector's January 6, 2020 Notice of Disapproval based on an application for a permit to legalize an "as-built" accessory garage; at, 1) less than the code required minimum front yard setback of 40 feet; located at 860 Bayview Drive, (Adj. to Spring Pond, East Marion, NY. SCTM No. 1000-37-5-10.1. 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: March 19, 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 14UTlk. E UF HEAR-Ii4o The following application will be heard by the', Southold Town Board of Appeals at Town Nall, 53095 Main Road, Southold: NAME 860 BAYVIEW DRIVE LLC # 7386 SCTM # : 1 000-37-5- 1 0 . 1 VARIANCE : YARD SETBACK REQUEST: LEGALIZE "AS QUILT" ACCESSORY GARAGE DATE THURS . , APRIL 2 , 2020 10 : 10 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 BOARD MEMBERS ��®F so �o Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric DantesG Q � �p Town Annex/First Floor, Robert Lehnert,Jr. ��l 54375 Main Road(at Youngs Avenue) Nicholas Planamento �eoUNT`1,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOIJTHOLD January 21, 2020 Tel.(631)765-1809•Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7386 Owner/Applicant: 860 Bayview Drive, LLC Action Requested: Legalize an "as built" accessory garage. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBAit r n By. j, Encls. Survey/Site Plan : Kenneth M. Woychuk Dated : 1/16/20 SYS BOARD MEMBERS ��0f S0(/T�o Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. O ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento coUru�,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS 'RECEIVED TOWN OF SOUTHOLD I— Tel.(631)765-1809•Fax(631)765-9064 JAN 2 12020 stl iold Towii- January 21, 2020 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7386 Dear Mark: We have received an application for an "as built" accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe IF, By: Encls : Survey/Site Plan : Kenneth M. Woychuck Dated : 1/16/20 BOARD MEMBERS �E soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. � • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY•11971 http://southoldtownny,.gov ZONINGBOARD OF APPEALS TOWN-OF SOUTHOLD Tel.(631)'765-1809•Fax•(631)'765-9064 _ July 21, 2020 Michael Kimack P.O. Box 1047 Southold,NY -11971 Re: ZBA-Application#7386 860 Bayview Drive, LLC,East Marion SCTM No. 1000-37-5-10.1 Dear Mr. Kimack; Transmitted for your records is a copy of the Board's July 16, 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, Kim E. Fuentes Board Assistant — - Encl.- -------- --- --- ----------- - cc: Building Department ! p'Qp 5b Gam. (30 0 6 Ci 8 K Op , ��.'�,�• .' O %�/ � / ,:Q, '� rb a ,,.i'c` ,�^.^"..'V 0 ` dp r 17.1 .1" . 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