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1000-98.-4-20
OFFICE LOCATION: �O�*Of S�UjyOl MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn � � �pQ Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 �y0DUN N,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date October 9, 2019 Re: LWRP Coastal Consistency Review for ZBA File Ref RICHARD AND SIOBHAN HANS#7321 SCTM# 1000-98-4-20. RICHARD AND SIOBHAN HANS #7321 —Request for an interpretation pursuant to Article III, Section 280- 13(C); and the Building Inspector's April 2, 2019 Notice of Disapproval based on an application for a permit to legalize "as built" additions and alterations to an existing accessory garage, at; 1) as to whether "as-built" construction of finished space in an existing accessory garage is permitted accessory use; at: 2125 Pine Tree Road, (Adj. to Little Creek)Cutchogue,NY. SCTM No. 1000-98-1-13. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item"V"which states: V. Interpreting an existing code, Yule or regulation; Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®F S®(/jey® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®lyc®UNT`1 Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD rRE C E I E D Tel.(631) 765-1809•Fax(631)765-9064 MAY 2 4 2019 May 24, 2019 Southold Town Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #7321 Hans, Richard and Siobhan Dear Mark: We have received an application to legalize "as built" additions and alterations to an existing accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: � Encl. Survey/site plan: Peconic Surveyors, P.C. dated March 1, 20"19 i FORM NO. 3 - r TOWN OF SOUTHOLD - - BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: April 2, 2019 TO: Bruce Anderson(Hans) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated March 26, 2019: For permit to: legalize"as built" additions and alterations to an existing accessory garage at: Location of property: 2125 Pine Tree Road, Cutchogue,NY County Tax Map No. 1000—Section 98 Block 1 Lot 13 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this nonconforming 21,653 square foot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-13 (C). The"as built" finished space in the accessory building is not a permitted accessory use. In addition, the construction is not permitted pursuant to Article III Section 280-15 which states lots measuring 20,000 to 39,999 square feet in total size require a side yard setback of 10 feet. The "as built" construction has a side yard setback of±5 feet. Authorized Signa Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. W Fee:$ Filed By: Assignment No. -i APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS U E NARIANCE House No. 21 i Street Pine The Road Hamlet Cutchogue SCTM 1000 Section 98 Block 01 Lot(s)13 Lot Size 0.64 acres Zone R-40 I (WE)APPEAL THE WRITTEN DETERNIINATION OF THE BUILDING INSPECTOR DATED April 2, 2019 BASED ON SURVEY/SITE PLAN DATED March 1, 2019 ,Owner(s): Richard&Siobhan Hans Mailing Address: 60 Knowllwood Drive • Larchmont.NY • 10538 Telephone: (914)-450-4337 Fax: N/A Email: randshans@aol.com N6TE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Robert W.Anderson for(,� Owner( )Other: Address: PO Box 2003 • Bridgehampton,NY • 11932 Telephone:(631)-537-5160 Fax: (631)-537-5291 Email: robert@suffolkenvironmental.com Please check to specify who you wish correspondence to be mailed to,from the above names:, ( )Applicant/Owner(s), 0 Authorized Representative, ( ) Othe'r Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 1,2019 and DENIED AN APPLICATION DATED March 26, 2019 FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use (K) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280 Subsection: 13 (C) Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. (X)Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal W has, ( ) has not been made at any time with respect to this Proyerty,UNDER Appeal No(s). 7228,1362 Year(s). 2018,1970(respectively) _. (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REF AONS FOR USE V RRANCE: An applicant for a use variance MUST demonstrate unnecessary hardship by satisfying,ALL of the follo%ving four tests:(Please consutt your Attorney before complefinf-attach additional sheats as needed,and submit related doc'urnentetion as required) fl.The applicant cannot realize a reasonable return,for each and every permitted use under the zoning regulations ibr the particular zone district where the property is located,as demonstrated by substantial and competent financial evidence because: See attached addendum. 2. The alleged hardship relating to the property- is unique and deer not apple to the majority of parcel%in the same zoning district or neighborhood because: See attached addendum. 3. The requested use variance, if granted, will not alter the essential character of the neighborhood because: See attached addendum. 4. the alleged hardship has not been self-created becatise: See attached addendum. In addition to the above standards,the Board or Appeals must also find that: 5.The requested relief is the minfirturn re-liefinecessary to avoid unnecessary hardship,while at the saute time preserving and protecting the character of neighborhood and the health,safety and ,welfare of the community because: See attached addendum. 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because; See Attached Addendum. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to be a rile this Day of 2 Otary Public) ZHA Appl.6/2012 MATTHEW D. IVANS NOTARY PUBLIC-STATE OF NEW YORK No.01 IV6053859 Qualified in Suffolk County My Commission Expires 01-22. Z6Z� INTERPRETATION ADDENDUM Subject property contains a pre-existing/non-conforming garage (10' x 20') that benefits from a Certificate of Occupancy (No. Z11348), issued December 13, 1982, for "...accessory garage...". The property owner received notice from the Town of Southold Building Department on January 23, 2019 that the "'20'x 10'framed garage conversion requires a ZBA Approval & Building Permit.". Consequently, a Notice of Disapproval was received from the Building Department on April 2, 2019, indicating that "The "as-built" construction, on this nonconforming 21, 653 square foot lot in the Residential R-40 District is not permitted pursuant to Article III Section 280-13 (C)...The 'as-built'finished space in the accessory building in not a permitted accessory use.". Please allow this interpretation addendum to act as our formal request to disagree. The garage currently houses a small water heater which is utilized for the outdoor shower situated off the southwestern exterior of the garage. Section 280-13 (C) As Stated in the Town of Southold Zoning Regulations Chapter 280, section 13-C accessory structures allow for; "Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter." the subject accessory garage contains a couch which is "...incidental to the principal use..." and is also used for storage as both uses, are not prohibited by this chapter, therefore this use of the accessory structure is compliant with this section of town zoning regulations. December 6, 2018 Regular Meeting over it you can't drive over that portion of the septic system. You can over the leaching pools because those are traffic bearing. MEMBER PLANAMENTO : Leslie actually emailed me a question, she was concerned Leslie our Chairwoman had a concern over an oak tree at the front of the house, is there any discussion as far as disturbance to trees removal? BRUCE ANDERSON : Cannot be saved. MEMBER PLANAMENTO : So that oak tree is going. BRUCE ANDERSON : Has to because and it's unsafe now because it's limbs extend over the existing house and it would be impossible to save that oak tree. We thought of that as well. We discussed that with the client. MEMBER LEHNERT : I think Eric covered what I was going to ask about potential demolition. It just looks to be substantial structural work on this house and that was my question. MEMBER DANTES : Anyone else in the audience who would like to speak? Hearing no further question I'd like to make a motion to close the application reserve decision to a later date. MEMBER PLANAMENTO : Second. MEMBER DANTES : All in favor? MEMBER LEHNERT :Aye. - MEMBER PLANAMENTO : Aye. MEMBER ACAMPORA :Aye. MEMBER DANTES : Aye. (See Minutes for Resolution) HEARING#7228— RICHARD and SIOBHAN HANS MEMBER DANTES : The next application is for Richard and Siobhan Hans #7228. Request for variances from Article XXIII Section 280-124 and the Building Inspector's August 9, 2018 Notice of Disapproval based on an application to legalize,an "as built" deck addition attached to an existing single family dwelling at 1) located less than the code required minimum side yard setback of 15 feet, 2) located less than the code required minimum combined side yard setback 52 December 6, 2018 Regular Meeting of 35 feet at 2125 Pine Tree Rd. (adj. to Little Creek) in Cutchogue. Is there anyone here to represent the applicant? BRUCE ANDERSON : Bruce Anderson of Suffolk Environmental Consulting. I'm going to hand up three exhibits. The first is a revised survey. We received word from Kim Fuentes who wanted there's a second shed on the property. One of the members was down there and (inaudible) so we amended the survey to depict that. It was shown on the previous record before the Building Department and for some reason no one every required it to put that on the survey so I do have that and we do not have a coverage issue. I believe the coverage calculates to about 11%. The second thing I want to hand up is an old survey from 1995 by Robert Van Tuyl that shows what was there way back when. This is a deck that was constructed so this will give you a little history on it. The last think I want to hand up also is a Trustees Certificate of Compliance which was obtained in 2014 for the deck that exists today and that has plans attached to it. It also has a survey where they had that shed sketched in but the plan shows the deck is existing and they went in and resurfaced it and installed handrails. What we have here is (inaudible) that can be determined based on the survey by Van Tuyl that I handed up is that the then existing deck contained (inaudible) a side yard setback (inaudible) today and the Board will observe that the southern edge of the deck (inaudible) line up with the house and that the circular shape on that Van Tuyl survey (inaudible) the same setback as the squared off deck that exists today. It was noted previously as a porch and I don't know exactly when the porch became a deck but obviously sometimes prior to 2014 sometime between 1995 and 2014 (inaudible) again the Trustees they applied to the Trustees they received a Certificate of Compliance for the deck and that is the deck that exists today. A permit to replace the decking with the railing (inaudible) to - -- come to this Board at the time-they did-not. The property sold exchanged hands and the property owners are trying to bring up the (inaudible) the Certificate of Compliance for banking reasons. (inaudible) square that off with the bank and that's why we are here today. For me it's more or less it's a housekeeping type application. The current survey depicts the deck 14.4 feet from the southerly lot line and 16.3 feet from the northerly lot line causing compliance side yard setback of 30.7 feet where 35 feet is required. So we're asking for relief of 0.6 feet from the southerly lot line and a reduction or relief of 4.3 feet from the total side yard. The neighborhood is residential in character. Generally consists of similar sized lot. If you refer to the tam map you will note that except for the one double lot that's next door all these lots range from (inaudible) something like 68 to 71 feet so I suspect many of the homes and their decks will (inaudible) side yard setbacks and total side yard setbacks if you go down the street they do front on Little Creek which is a tidal wetland and they are waterfront lots and most people having a house would want a deck facing the water obviously in that neighborhood and probably any other neighborhood. We believe a variance should be granted because there's no impact to the character of the neighborhood. This deck has existed for many years without any 53 .r, December 6, 2018 Regular Meeting complaints or any problems that we're aware of regarding this and that the deck is really actually more distant from the side lot line than the house. In other words the house is wider than the deck. The benefits sought cannot be achieved by any other method other than an area variance cause the deck exists. It exists in the present form, it's framed in that fashion, it sits on footings that are on the perimeter of the deck so it's (inaudible) for we have to remove the deck to reduce (inaudible) We submit the variance is not substantial in relationship to the requirement as the individual 0.6 foot setback relief constitutes 2.6% of the requirement whereas the total side yard of 30.4 where 35 percent is required constitutes 12.3% of the requirement and that the granting of a variance will not have an adverse effect on the physical and environmental conditions of the neighborhood. Note that in your file you have a referral from the LWRP and you'll see that it's exempt from LWRP review and obviously it's already been approved by the Trustees. The hardship is not self-created from our standpoint because it was purchased (inaudible) previous owner and we're trying to clean up the situation that has existed (inaudible) so therefore it's our contention (inaudible) the Board to grant the variance to allow the deck to remain as is without (inaudible) get to keep the deck without causing a whole lot of disturbance and reconstruction for something that is (inaudible). That concludes my MEMBER DANTES : I'd like to make a comment. If you look at the Certificate of Occupancy dated July 27, 1973 #5330 (inaudible) to the back it says existing porch and new porch and the existing porch and new porch I mean I can't call this exactly the same as what you're applying for today but there was definitely a porch. It looks like it was similar in size there in 1973 that was C.O'd. - - -- -- -- - - -- --- ---- - -------------- - ---- - - -- - - -- - BRUCE ANDERSON : It think it was just slightly smaller. MEMBER DANTES : And then you got this other survey that has this little circular thing on it which is not on the 1973 drawing and I don't really know the definition between a porch and a deck. That's basically all that I have, Rob? MEMBER LEHNERT : Just a small housekeeping matter but can you just speak to the fact that the plans and the survey portion of the deck really don't match. I mean they do overall but you got cutoff corners on the survey, you're not showing the indentations and it's not (inaudible) the overall numbers. BRUCE ANDERSON : Well if you look at the plans attached to the Trustees you'll see that the side yard setbacks plus and minus, they're hand drawn. I don't think they were done by a design professional I don't know who did it. MEMBER LEHNERT :The plans, they're stamped by an architect. 541 December 6, 2018 Regular Meeting BRUCE ANDERSON : Which ones are you talking about the ones I submitted or the ones no I'm talking about (inaudible) MEMBER PLANAMENTO : I think what Rob is talking about are Nigel's drawings. MEMBER LEHNERT : Yeah Nigel's drawings showing something slightly I mean it doesn't affect the numbers but it's slightly different than the survey both surveys. MEMBER DANTES : Which one is more accurate? BRUCE ANDERSON : I'd go by the survey. MEMBER ACAMPORA : I mean they show a garage on the drawing here but I don't believe they use that as a garage. BRUCE ANDERSON : No they use it for storage. It was a garage there was an apron on it. MEMBER ACAMPORA : Yeah but there's no you can see there's no cars going-in that garage. But they do have a hot water heater in there. MEMBER DANTES : Is there anyone else who would like to speak, anyone in the audience?Any other Board members have any questions? MEMBER PLANAMENTO : Yeah I think just to Pat's comments about the garage, first I'm pretty sure that we have the new survey that (inaudible) the shed but it doesn't illustrate the outdoor shower. I don't know if a permit is required or not, there's an outdoor shower on the end of the garage the opposite_end,by_the water heater so I don't know there is_a permit needed for that and then there's a question that I think somebody needs to either update the garage,and get a new permit perhaps there's a workshop or who know what it would be cause it's clearly not a garage. Other than that I don't have anything to add. MEMBER DANTES : What is the garage used for do you know? BRUCE ANDERSON : I think there's a room with a television in it. MEMBER ACAMPORA : Yeah there's like a day bed in there. It looks like there's carpeting. MEMBER DANTES : The Building Department has to inspect the deck anyway so they can take a look at it and whether they refer it to us is up to them. BRUCE ANDERSON : We'll do anything (inaudible) it's not a living accommodation there's no bath or anything like that (inaudible) 55 December 6, 2018 Regular Meeting MEMBER DANTES : Anyone else have any questions? Hearing no further questions I'd like to make a motion to close the application and reserve decision for a later date. MEMBER PLANAMENTO : Second. MEMBER DANTES :All in favor? MEMBER LEHNERT : Aye. MEMBER PLANAMENTO : Aye. MEMBER ACAMPORA :Aye. MEMBER DANTES :Aye. (See Minutes for Resolution) HEARING#7220—JANE SMERGLIA MEMBER DANTES : The next application Jane Smerglia #7220. Request for a variance from Article XXIII Section 280-124 and the Building Inspector's July 23, 2018 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling at 1) located less than the code required minimum front yard setback of 35 feet at 225 Sigsbee Rd. in Mattituck. -- - - MERYL KRAMER : Hi Meryl Kramer-the architect and-I'm representing the owner. This isra very _ small lot 7,000 sq. ft. and a very small house. The reason for the request of the front porch and therefore the front yard setback variance. It's two fold, the first is a very plain looking house and the owner just wants to upgrade it and make it look a little bit more presentable. It's one of the homely houses on the street that hasn't been improved. I think all of the neighbors are actually happy about this. I was actually staking and putting up the notice and the neighbor next door was happy to hear that we were doing something to improve the visibility of this property. So that was the first reason and the second -is that the owners the wife is has (inaudible) disease and she's very concerned about lymes so she wants to be able to sit outside but not be on the grass to be (inaudible) tick bites. Yeah if you're up on pavement I mean up raised;,you have less vulnerability than if you were to sit in the grass. So if you have any questions I'm here to answer. It's a very modest application it's five foot deep porch so we have a place to put a chair and a table and for your coffee cup or something. She's trying to be a good neighbor and face the street and make it more presentable than it is right now. MEMBER DANTES : You're not going to demolish the house right? 56 J � i Suffolk Environmental Consulting, Inc. ®� Newman Village,Suite E,2322 Main Street,P.O.Box 2003,Bridgehampton,New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson,M.S.,President _ S *Hand Delivered* May 14, 2019 Town of Southold Zoning Board of Appeals P.O.Box 1179 Southold,New York 11971 Re: Hans Property 2125 Pine Tree Road • Cutchogue,New York • 11935 i SCTM#: 1000-98-01-13 Dear Members of the Board, This Firm represents the owners of the above referenced properties whom are seeking an interpretation of town zoning ordinance 280-13 (C).Attached herewith you will find; 1) Application original and nine [9] copies; 2) Project description form original and nine [9] copies; 3) Questionnaire original and nine [9] copies; 4) Pre-CO's, CO's, and prior ZBA decisions regarding the above referenced property; original and nine [9] copies 5) Agricultural Data Form: original and nine [9] copies; 6) Short Environmental Assessment Form: original and nine [9] copies; 7) Owners Consent/authorization original and nine [9] copies; 8) Transactional Disclosure Forms original and nine [9] copies; 9) LWRP form: original and nine [9] copies; 10) Photographs of current site conditions: original and nine [9] copies; 11) Updated Surveys prepared by Peconic Surveyors on March 151 2019: original and nine [9] copies; 12) Building plans prepared by Suter and Suter Architecture on February 13"', 2019: original and nine [9] copies; 13) Interpretation Addendum original and nine [9] copies; 14) Town Property Card; original and nine [9] copies; 15) Location Map; original and nine [9] copies and; 16) Check written out in the amount of five hundred dollars ($500.00) made payable to the Town of Southold. Thank you in advance for your anticipated cooperation. Sincerely 40001 Bruce A.Anderson APPLICANT'S PROM CT DESCRIP'I`IDN APPLICANT: Richard F. Hans and Siobham Hans DATE PREPARED: 5/14/19 1.For Demolition of Existing Building Areas Please describe areas being removed: H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: N/A M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 Number of Floors and Changes WITH Alterations: 1 IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: /�A Square footage of your lot; N/A Percentage of coverage of your lot by building area: NIA V. Purpose of New Construction: N/A VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): N/A Please submit S sets of photos,labeled to show different angles of yard areas after stalling corners for new construction,and photos of building area to be altered with yard view. 412012 Please See Attached Addendum for Project Details. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes (seaward of bulkhead) 2.)Are those areas shown on the survey submitted with this application? yes 3.)Is the property bulk headed between the wetlands area and the upland building area? Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: Awaiting variance relief prior to filing with Trustees and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Residential-Sin Family and the proposed use N/A-See Attached Addendum. . (ex: existing single family,proposed: same with garage,pool or other) ® 1► S" ' ' � Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. .`.-'5330. . . . . Date . . . July 2? . . . . . . . . . . . . . . . .. 19 3 . 2125 Pine Tree ',- -, ,adStreet THIS CERTIFIES that the building located at . . . . . . . . . . . . . 19 Map No Nassau i{. . . Block No. . . . . . . . . . .Lot No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated August 5 . . . ., 10 . pursuant to which Building Permit N0491.7- . . . dated o911- dated xu6:'S t .21. . . . . . . . . . . .. 19 71 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . Private One Faciily Dwelling . The certificate is issued to . . . Mr s. Kal ter.Fri e d (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . Pending UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER .212 5. . . . . . . . Street .Pine Tree Road Ciitchogue if.Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector f - -t o REpWOOD 12PAD l iec F rc ace 330 t a .i��Q yJ[• FFA �— =i_. ^•T--m.�rv�.�� G -_ Skr6H QQS. (281�)� EURNCR �2AMV CUSP \. X04 �� 71r= J IVY.FJZ4-a 1 �F iia 1" VER a6S;o ODUCH�fiT♦P � �°krf°[sz.,axe��,�°P `- /� \ ShfcL l5 lleYogi jff C>C" Pcc a•, 1.�1q\Cr t NOTE' [ WT N0-QEFEJZ%MAP OF b!L5 PmU FAf1M5, d , ��naa+�w.ymsn. FII.�Q.aI:1.TI-{E'SCkFi`P.'Cp.CLERk'$ OFFICE .MAP OF P.R.QPEfZTY �°ow,avu..w,ym.n°a ti�1 Lg,P.00.11-79. E .5vQv FOR bu••www.a� SUFE. CO.'TAX !P NO IOCa- 19 I ! Af2T ' 1 I- U -ES- BE(2 MATELLI aeR�K -T40WWP.OF SQU;F.�,�',LD KLY', 1 I L - FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No. . . . Z.7.?$4B. . . . • Date . . . . . • December 13 1982 THIS CI;ttTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . . 21.25 .P n.e. .T r.e.e• ,P p a•ct, , C u.t G b pF q e House No. Street Hamlet Coun ty Tax 17ap No. 1000 Section . . 9.$ . . . . , . .Block . . 9-1� . . . . . . . . . .Lot . . 0 13 • • • • • , • • , • • Subdivision . . . Farms • • . . , , . .Filed Map No. 1 179 1 9 .Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated A n� 2• • • • • • • . . - , 19$ pursuant to which Building Permit No. . 1.x:8 21 Z . . . . . . . . . . . . . . I9$2. , was issued,and conforms to all of the requirements of the applicable provisions of the law. The ocCLIpancy for which this certificate is issued is . . . . . . . . . ac.r-Q5 sf).ry .gara°p. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . .QQraxr. . a.�zianq of the aforesaid building Suffolk County Department of I-leaith Approval . . . N./.A . . . . . • . _ • . • • _ . • _ . . • . _ . . • UNDERWRITERS CERTIFICATE NO. . . . NAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.9/81 A BUILDING DEPARTMENT TOW&RI TigUTHOLD MOUSING CODE IINSPECTION REPORT LOCATION: 2125 PINE TREE ROAD CUTCHOGUE, N.Y. number & street municipality SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) GERARD GALLIANO OCCUPANCY A-1 RES. OWNER type oimer-tenant ADMITTED BY: GERARD GALLIAHO ACCOMPANIED BY: SAME KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000- - - SOURCE OF REQUEST: GARY OLSEN, ATTY DATE: JUNE 15, 1995 DWELLING: TYPE OF CONSTRUCTION WOOD FRAME If STORIES ONE I+ E%ITS 4 FOUNDATION CEMENT BLOCK CELLAR PARTIAL CRAWL SPACE TOTAL ROOMS: IST PLR. 5 2ND FLR. 3RD FLR. BATHROOM (s) 3 TOILET ROOM (s) UTILITY ROOM PORCH TYPE DECK, TYPE PATIO BREEZEWAY FIREPLACE ONE GARAGE DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING TYPE HEAT OIL WARM AIR XX HOTWATER OTHER- ATTACHED STORAGE ROOM ON FRONT. ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. I CAR WOOD FRAME STORAGE, TYPE CONST. SWIMMING POOL GUEST, TYPE CONST. OTHER: VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. i ARKS: BP 14917Z-CO Z-5330 (Addition 6 deck) BP 111821Z-CO Z-I1348 (AGCY GARAGE) BP #20363Z-COZ-20453 (ALTERATION-PATIO ENCLOSURE & BATHROOM ADDITION) INSPECTED BY DATE OF INSPECTION JUNE 7, 1995 GARYJ,//FTA TIME START END u� FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20453 Date JANUARY 8, 1992 THIS CERTIFIES that the building ADDITION & ALTERATION Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 2, 1992 pursuant to which Building Permit No. 20363-Z dated JANUARY 6, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is PATIO ENCLOSURE & BATHROOM ADDITION TO EXISTING ONE ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GERARD GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED_ N"/A f� Building Inspector Rev. 1/81 3. Nature of work(check which applicable): New Building. . .. .. •. Addition . lterationV_,N��n Repair . . .. .... .... . . Removal ... .. ,. Demolition . ... .. .. . .. .. . Other Work......., ... 4. Estimated Cost .. ... �'�!�J). .. .. .. . . . ... .... .. .. . . . Fee (Description).. (to be paid on filing this application) S. If dwelling,number of dwelling utlits .. . . ... ... .. . . . Number of dwelling units on each floor, .. ,,, If garage,numberf Fars 6. If business,commercial'or mixed occupancy,specify nature and extent of each type of use , 7. Dimensions of existing structures,!if any:Front.. .... . . .. ... .. Rear Depth , Height . ..:,.>• :: :.:.Number of Stories ,. . •. .. ..... ,.. Dimensions of same structure witli alterations or additions:Front .,. Rear . Depth ..... .... .... . ... . ... . Height .. .... , •• •••.•• ... .. .Number of Stories , —S. Dimensions of entire new construction: Front .. . ........ ... . Rear ........... .. . . Depth Height .. ...... .......Nuntbp'r of Stories 9. Size of lot: Front ......... . . .. .... . Rear ............. .. .. . .., ...pth . . ..... ,. ...... 10. Depth .. ... .............. .. . Data of Purchase ., .,Name of Former Owner 11. Zone or use district in which premises are situated. 12. Does proposed construction violate any zoning law,ordinance or regulation: 13. Will lot be regraded ...I.........I........ *...... . Will excess fill be removed from premises: ,Yes No 14, Name of Owner of prmises ... . , , ,,, ,, , ddress . .. .Phone No. Name of Architect . ... . ... ... .. .... . .. ......Address .. .. . ...: .. ... .. .. Phone No. Name of Contractor .. .Address ,,.Phone No. 15. Is this property located within 300 feet of a tidal wetland? *Yes .,,, No *If yes, Southold To,,m Trustees Permit map be rer.tuired, . I PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines.Give street and block npmber or description according to deed,and show street names and indicate whether interior or corner lot. t ©��UPA�QY OR PLUMBER CERTIFICATION UNLA FAL ON LEAD CONTENT BEFORE -."MF TN CERTIFICATE CERTIFICATE OF OCCUPANCY' OE DCC" PANGi' SOLDER USED IN WATER - SUPPLY SYSTEM CANNOT EXCEED 2/16 Of 1 LEAD , STATE OF NEWpY(�J2�L,\\A COUNTY OF S.S •• •••.. °»� �'A� K'� . .. . .. .. beuig duly sworn,deposes and says that he is the applicant (frame of individual signing contract) above named. He is the . .. .. . .. .. . .. . �. 3 .. (Contractor,agent,corporate officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the ma e'set forth in the application filed therewith. Sworn to before the this Notary Public, .. , ;r- .. County i45 0 , FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. UPDATED PRE EXISTING CERTIFICATE OF OCCUPANCY v No Z-23719 Date JUNE 21, 1995 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 2125 PINE TREE ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 98 Block 1 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-23719 dated JUNE 21, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY 1 CAR WOOD FRAME GARAGE The certificate is issued to GERARD & HUGUETTE GALLIANO (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEASE SEE ATTACHED INSPECTION REPORT. NOTE: THIS UPDATES PRE CO Z-20454 DATED JAN. 8, 1992. - - --,-,4 �- /"a Bu lding Inspector Rev. 1/81 Repair .. .. . . . ... .... Rc:zlo;at ....... .. . .. .. Doinolizioit .. .. .. .. .. . . . . 0tner'Work.. ... ... ...... 7 ? ; 7000 -- i _./E ©— (Description) �. .. . . . . .. ..... .. . .. .. . . . - .. .l. . . . .. . . . . . .. .. ... .. . • .... . . . . . . (to be paid on filing this application) ;. If dwelling,number of dw•elliq;units .. . .. .. .. . ... .. Number of dwelIino units on each floor. . ... .. .. . . .. .. Ifgaragc,numbcr of cars .Q.!v�. ... .... ...... .. ..... .. .. . . .. .. ... ..... .. ....... .. . . .... ...... i. If business,commercial or mined occupancy,specify nature and extent of each type of use .. .. ................ �. Dimensions of existin.-strictures,if any: Front . . . .. ... ... . . . . Rear . . . . .. .. .. . ... Depth .. . .. ... .. . . . . Height ....... ........ Mini berofStories .. ........ . . .. . ...... . .. .. . ...... ................ ...... Dimensions of same structure-with alterations or additions: Front .. . ....... .... . ... Rear ... . ....... ...... Depth .... .. .. ...... .. .. .... Height . . .. r .. . . ... .....Number of Stories ...... . .. . 3. Diniensions of entire new construction.,1 iRnt .,/,.,-�i.., .• . ,.. Rear ..1-A . , . . Depth . ..... ...... Height Number of Stories .. .. /. ... ). Size of lot: Front .��. .............. . ..... Rear .A�?'.yyz.... . .. .... . Depth �' .... . .. ... . ). Date of Purchase ..... . . ..... ... ... ............Name of Former Owner .. .. ... .. .. ............ .. 1. Zone or use district in which premises are situated... .... .. . .. ... . .... ... I. . .. ..... .... ...... .. ....... . ?. Does proposed construction violate any zoning law,ordinance or regulation: ...................... ......... 3. Will lot be regraded . . . ....... .. . . . .. ... . ...... ..Will excess fill be removed from premises: Yes N( 1. Dame of Ovmcr of premises ... . . . .. ... ... ....Address ....... .. ..... .....Phone No. .... .. .. ... . .. Naive of Architect .. .. .. . ... .. .. ... .... ......Address . . .. ............ . ..Phone No. .............. Nameof Contractor . .. .. . .... .. . . . .. .. . . . ... ..Address . . .. .. ..... ..... . ..Phone No. .. .. .......... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, a4 indicate all set-back dimensions fron roperty lines.Give street and block number or description accardino to deed,and show street names and indicate whethe ,tenor or corner lot. ?[D Wooer �,�N a ~ R h'coSE T o a- 3 T �. TATE OF i\ Y RK ------- OUNTY S.S �-- —�^-�.-1•;•• gid beuzg drily sworn,deposes and says that he is the applicna ( me of individual signing contract) )ova named. t� (Contr acto , gent, orporate officer,etc.) I said owner or owners,and is drily authorized to _rforni or have performed the said work and to make and file thi )plication;that all statements contained in this appli tion are true to the best of liis knowledge and belief;and that th- ork will be performed in the manIper set forth ni the application filed therewith. worn to before nta this , p . ... . .a.�..G�"!.day of. . . . . . , 1900 3 l::::ZL•.:T4 f`' FOt Town of Southold Annex 11/13/2014 P.O. Bos 1179 54375 Main Road `'y • ;` Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 37269 Date: 11/13/2014 THIS CERTIFIES that the building SHED Location of Property: 2125 Pine Tree Rd, Cutchogue, SCTM#: 473889 See/Block/Lot: 98.-1-13 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/25/2013 pursuant to which Building Permit No. 38485 dated 11/7/2013 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: ACCESSORY SHED AS APPLIED FOR The certificate is issued to Matelli Arthur Rev Trust&Matelli Esther Re (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED AuthoSi ature { - - -65------- - ; ; l� dr (pi J3' I i ! 1 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� ly0 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora y Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,Y�,Oo Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 l& q:aonmDEC 2 4 20188 FINDINGS,DELIBERATIONS AND DETERMINATION ' a- 7""MEETING OF DECEMBER 20,2018 Sou holt! Town Clerk ZBA FILE: #7228 NAME OF APPLICANT: Richard and Siobhan Hans PROPERTY LOCATION: 2115 Pine Tree Road, (Adj.to Little Creek) Cutchogue SCTM#1000-98-1-13 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A14-25, and the Suffolk County Department of Planning issued its reply dated September 14,2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L)ARP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records, it is the Coordinator's recommendation that the proposed/action is Exempt from LWRP review. PROPERTY FACTS/DESCRIPTION: The subject property is a 21, 653 square foot non-conforming parcel located in a R-40 Zoning District. Currently there is an existing single family one story residence with an attached deck. along with an existing and separate garage and a shed located in the front side yard. The northerly property measures 329.84 feet, the easterly property (Adj. to Little Creek) measures 108.81 feet, the southerly property measures 363.47 feet and the westerly property which runs along Pine Tree Road measures 76.00 feet.The existing garage measures 10.3 feet by 20.4 feet and the shed measures 12.2 feet by 10.00 feet as shown on the survey by John T. Metzger, LS, and last amended on December 5, 2018. Both the garage and the shed have Certificates of Occupancy issued in 1973. BASIS OF APPLICATION: Request for Variance from Article XXIII, Sections 280-124 and the Building Inspector's August 9, 2018, Notice of Disapproval based on an application to legalize and "as built" deck addition attached to an existing single-family dwelling located at 2125 Pine Tree Road, Cutchogue, NY. SCTM#1000-98- 1-13. The proposed construction on this non-conforming 21,653 square foot lot in the Residential R-40 Zoning District, is not permitted pursuant to Article_XXIII,Se!tion_280-124, which states that on lots measuring less than 20,000 square feet in total size, the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The "as built" deck is noted as having a single side yard setback of 14.4 feet and a total side yard setback of 30.7 feet. Page 2, December 20, 2018 #7228, Hans SUM No. 1000-98-1-13 RELIEF REQUESTED: The applicant requests a variance to legalize an existing "as built" 12 feet by 34 feet deck attached to the rear of the residence facing easterly on the property (Adj. to Little Creek). Article XXIH, Section 280-124 states that on lots measuring less than 20,000 square feet in total size the minimum single side yard setback is 15 feet and the minimum combined side yard setback is 35 feet. The"as built"deck is noted as having a single side yard setback of 14.4 and a total side yard setback of 30.7 feet. According to the applicant's submission, the "as built" deck was constructed by the former owner. ADDITIONAL INFORMATION: There have been no written communications or testimony received by the Board objecting to this application. In October of 2014,the Southold Town Board of Trustees issued a Certificate of Compliance to the previous owner for the replacement of the decking and railings of the existing deck. Prior property owners have received two variances in the past for a front yard addition to the existing dwelling (#1362) and an accessory garage located in the front yard(42993). FINDINGS OF FACT/REASONS FOR BOARD ACTION. The Zoning Board of Appeals held a public hearing on this application on December 6,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck has existed in its present size and layout for many years. Neighboring properties have decking attached to the rear of the homes that front Little Creek and properties in this community are similar in size. . 2. Town Law §267-b(3)(b)(2), The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. According to the applicant, the deck was built by a previous owner and the current owner is requesting that this Board legalize the"as built" improvement.. 3. Town Law M7-W)M(3). The variances granted herein are not mathematically substantial, representing 4% relief from the code for the single side yard setback and 121/o relief from the code for combined side yard setback. 4. Town Law $267-b(3)(b)M No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an "as built" deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Acampora, seconded by Member Dantes, and duly carried,to GRANT the variances as applied for and shown on the survey prepared by John T. Metzger. LS and last revised December 5, 2018. Page 3, December 20, 2018 #7228, Hans SUM No. 1000-98-1-13 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck shall remain open to the sky. 2. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals 3. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within six months of this decision or a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 4. The "as built" improvement(s) may not be used until a Certificate of Occupancy has been obtained 5. At the discretion of the Board of Appeals, failure to comply with the above conditions may render this decision null and void Any deviation from the survey, site plan andlor architectural drawings cited in this decision will result in delays andlor 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 andlor survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities tinder the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not,been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1) year terms. Vote of the Board: Ayes:Members Dantes (Vice Chair), Acampora,Planamento and Lehnert. This Resolution was duly adopted(4-0). (Chairperson Weisman absent) q-r .- Eric L. Dantes Vice Chair Approved for filing 2- 1 /2018 r TWN OF SOUTHOW, NEW YORK DATE .August...20, 1970 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2362 Dated August 5, 1970 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. Anne Fried Appellant 47 Pine Tree Road Cutchogue, Nerw York at a meeting of the Zoning Board of Appeals on August 20, 1970 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (� Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph ...........I........ Of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:20 P.M. (E.D.S.T.), upon application of Anhe Fried, 47 Pine Tree Road, Cutchogue, New York, for a variance in accordance- with the Zoning Ordinance, Article III, Section 306, for permission to construct addition to existing dwelling with reduced front yard setback. Vocation of property: east side of Pine Tree Road,' Nassau Farms, Map No. 1179, Lot # 19, Cutchogue, New York. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions o1 the Building Inspector ( ) be confirmed ( ) be reversed. PPROVEI ME REVERSE C1 /1 i7 rar G BOARD OF APPEALS /} FORM ZB4 Cha man oarppea sorie McDermott Secretary hold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to construct addition to existing dwelling with reduced front yard setback, located east side of Pine Tree Road, Nassau Farms, Cutchogue, New York. The extension will be 12 ft. x 15 ft. which will leave a side yard of approxi- mately 7 ft. on the north side- of the right-of-way known as Red Wood Road. The Board agrees with the reasoning of the applicant that Red Wood Road is 'a pedestrian right-of-way to the water and will not create a traffic hazard. The house is set back 200 feet from the main road, Pine Tree -Road. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created- is unique and would not be shared by all properties alike In the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood and wAll observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Anne Fried, 47 Fine, Tree Road, Cutchogue, New York, be GRANTED permission to construct addition to existing dwelling with reduced front yard setback as' applied for on property located east side of Pine Tree Road, Nassau Farms, Map No. 1179,. Lot 19, Cutchogue, Kew York. Vote of the Board: Ayes:-- Messrs: Hulse, Bergen, Grigonis. w SoutholdTown., Board or pp , MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2993 Application 'Dated May 20, 1982 TO: Mr. Norman Addy as agent for Mr. Gerard Galliano, [Appellant (s) ] Box 262 2125 Pine Tree Road Mattituck, NY 11952 Cutchogue, NY 11935 At a Meeting of the Zoning Board of Appeals held on June 26 , 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [x] Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for The public hearing on this matter was held on June 17 , 1982. Upon application of GERARD GALLIANO, 2125 Pine Tree Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in the frontyard area at 2125 Pine Tree Road, Cutchogue, NY; Nassau Farms Subdivision, Filed Map No. 1179, Lot No. 19; County Tax Map Parcel No. 1000-98-1-13 The board made the following findings and determination: By this appeal, appellant seeks permission to construct a 12' by 20 ' garage near the grape arbor in the frontyard area located approximately six feet to the south property line and 110 feet to Pine Tree Road, The premises in question contains an area of approximately 31,000 square feet with 76-foot road frontage and 107. 49-foot frontage along Little Creek. Existing on the premises is an one-story frame house with porches (as indicated on the July 2, 1976 survey submitted with the appeal application) . It is the consensus of the board that this location is the most feasible and practical under the circumstances, particularly due to narrow passage- ways along the side of the house. The board agrees with the reasoning of appellant. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique and practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, that the application of GERARD GALLIANO by Norman Addy as agent, for permission to construct garage in the frontyard area, be and hereby IS APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS : 1 . That this garage structure shall not be closer than six feet to the south property line and not be closer than 110 feet to Pine Tree (CONTINUED ON PAGE TWO) DATED: July 26 , 1982, CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 ` Matter of Gerard Galliano Appeal No. 2993 Decision Rendered June 26 , 1982. Road; 2. That this garage structure be used only for storage (no sleeping or living quarters) . Location of Property: 2125 Pine Tree Road, Cutchogue, NY; County Tax Map Parcel No. 1000-98-1-13. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis , Douglass and Sawicki. (Absent was : Member Doyen, Fishers Island) . This resolution was unanimously adopted. APPROVED � RECEIVED AND FILE,D BY THE SOUTLU:..D TOWN CLL•RK Chairman Baard of A� pp Is DATE q141g.L HOURa:S50 m. Z. . .� Town Clerk, To,,�n of uthpld AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district, All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Richard F_ Hans &Siobhan Hans 2. Address of Applicant: 60 Knellweed Drive • L.archmont.NY • 10538 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: TntemrPtati�n Of Zoning code (see a= licatio . 6. Location of Property: (road and Tax map number) 2125 Pine Tree Road • Cutchogue,NY • (1000-98-01-13) 7. Is the parcel within 500 feet of a farm operation? { } Yes 14 No 8. Is this parcel actively farmed? { } Yes N No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS I. 2. 3. 4, 5. 6, (Please use the back of this page if there are additional property owners) � r Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Eyavironmental Assessment Form Instructions 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 I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency,attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Hans Property Project Location(describe,and attach a location map): 2125 Pine Tree Road • Cutchogue,NY • 11935 Brief Description of Proposed Action: Applicant seeking a determination on whether or not finished space(painting of interior walls, utilization of existing electric service) constitutes a permitted use or unpermitted use, as per Southold Town Zoning ordinance. Name of Applicant or Sponsor: Telephone: (631)-537-5160 Bruce A.Anderson-Suffolk Environmental Consulting Inc. E-Mail: Bruce@suffolkenvironmental.com Address: 2322 Main Street • Bridgehampton,NY • 11932 City/PO: P.O.Box 2003 • Bridgehampton State: Zip Code: New York 11932 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 064 acres b.Total acreage to be physically disturbed? <0.1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0.64 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial 0 Residential(suburban) ❑Forest ❑Agriculture M Aquatic ❑Other(specify): ❑Parkland PauP 1 of 4 5. Is the proposed action, NO 'YES NIA a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify:Little Creek(n trihtttnry to Pernnir Rnv CFA) X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A outdoor shower X 12. a.Does the site contain a structure that is listed on either the State orNational Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13.a.Does any'portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: El Shoreline O Forest O Agriculturallgrasslands O Early mid-successional ® Wetland O Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? O NO O YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: O NO O YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIR I THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 t No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? ri . Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANVOWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town offluicers and employees. The purpose of this form is to provide informationwhich can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Slobhen Hans (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Change of Zone Approval fo Plat Other(activity) Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of ahis form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship bet-ween yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSW Submitted this -A7)i A Print Name: tia) Siobhan Hans APPLICANTi OWNER TRANSACTIONAL DISCLOSURE FORM The —1 own of Southolds-Code of Ethics prohibits conflicts of interest on the part of Town officers, and employees. The-pgMse of this form is to brovide 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: Siobhan Hans (Last name,first name,middle initial,unless you are applying in the name 0,r someone else or other entity,such as a company. if so, indicate the other person or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance Change of Zoite Approval fo Plat Other(activity) Do you personally, (or through your company.spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a pati nership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person:__ Describe that relationship between your-self (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 7 Signature: —- Print Name: /C oc , - Richard F. Hans f AGENTMEPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold'.s Code of Ethics prohibits conflicts'of interest on the part of town officers and employees The wirpose of this form is to provide information which can a-16t the town of niis'sibtesonflicts of interest and allow it to take whatever Action is necessary to avoid same. YOUR NAME: (Last name;first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OVAPPLICATION: (Check all.that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If No,sign and date below.If Yes,complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applieant/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-22'+ day ofM" _,20 Idt Signature Print Name 90berP W. WCI'> on AUTHOPUZATEON (Where the Applicant is not the Owner) We. Richard F. Hans and Siobhan Hans residing at 60 Knollwood Drive. Larchmont.NY 10538 do hereby authorize Suffolk Environmental Consulting. Inc.to apply for variances)on our behalf from the Southold Board of Appeals. Richard F. Hans Town of Southold LIVRP CONSISTENCY ASSESSMENT FORINT A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including .Building Permits and other ministerial per nuts 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 fist, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# gg The Application has been submitted to (check appropriate response): Town Board ® Planning Dept. ® Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan,subsidy) (c) Pemut,approval,license, certification: Nature and extent of action: Se-,Attacher➢ Addendum Location of action: 2125 Pine Tree Road o Cutchogue,New York • 11935 Site acreage: 0.64 acres Present land use: Residential Single Family with Deck Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Bruce A.Anderson-Suffolk Environmental Consulting Inc. (b) Mailing address: P.O. Box 2003 • Bridgehampton,New York • 11932 (c) Telephone number: Area Code( ) (631)-537-5160 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No ] If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Poster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No 0 Not Applicable See Attached AddenUu-m. 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 1y ❑ Yes ❑ No El Not Applicable See Affached Addendum I Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L'*VRP Section II1—Policies Pages 6 through 7 for evaluation criteria R Yes ® No ® Not Applicable Gara-ge is not visible from the road, or by adjacent properties due to established vegetation. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes 0 No © Not Applicable See Attached Addendum. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes R No ®Not Applicable See Attached Addendum. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ® Yes © No 0 Not Applicable See Attached Addendum Attach additional sheets if necessary Policy 7. Protect and improve air quality in the 'Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑r3 No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. ❑Yes F-1No ® Not Applicable S 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. n ❑ Yel-1 No® Not Applicable See ttached Addendum. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ® Not Applicable see Attached Act en um. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town eaters. See LWRP Section In—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No® Not Applicable See Attached Addendum. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWBP Section III—Policies; Pages 62 through 65 for evaluation criteria. ® Yes ❑ No© Not Applicable See Attached Addendum. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVVRP Section In—Policies; Pages 65 through 68 for evaluation criteria. © Yes ❑ No ® Not Applicable See Attached Addendum. Created on 512510511:20 ANY HANS Property Situate: 2125 Pine tree Road . Cutchogue,New York o 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) :-'� .�e�,�a'i�.»;��?_ �_ - .i, •�; -.r`�' ��i. -�.,,n.-.e'i5t 4i' ;•".• _,s..:r k,a;�'e,=.r�;�; 4,. .y x. k „fig , . ,• 1, ,_ :. , i Fjorb- "5 ioY ,' . - _- .2.=f-- .;•�; �,cea�-�,• .� - ,��_I�,�s� , r!'.' .- _ -b'L�K} {��-f. T..ti•F ,�' l� `{,y,yif e•_ } nY.,- "' If fF} r rr•,Y 1M; p�` 10- '.t.. ,i ..c - _ - ~" - -,- - =Lea.-•.•-.,..� -�:�.� - _'.�' _ _ � , .. IF f.t cE�"5:: ti_.3.,�"",f,'.\ _ .ti- _��,,, _ i�-�3` - _ - _ 4 r,T"• . Rm The photograph above (taken facing south) depicts the existing non-conforming garage with the as-built outdoor shower HANS Property Situate: 2125 Pine tree Road • Cutchogue, New York • 11935 SCTM#: 1000-98-01-13 (Photo,-raph Taken 5/13/2019) eF` IV •, d , •'�' �'{r� `a 1}°ti" „L,�rF_.,bfE•ly, .+ 'v.:y c��e��e�' -�iti%1n' "a � 'S.%`Y,y- ., .t�-q. h� l� "r r1, "'`'.`h.`'f=:2w`a'•"%;:.'r"i{a� e'S"t.u' *K'��j�i"' 4.;'.� "�+i._�eG iha �:'�,�,n ♦ ,"r.�`-'..ee.r'l�.er i�y':+'.v }^'�tiu-X"�r V4�r, "T',l _ `,11� "-ir`...'x.��nir'��•''v'�'�`*..'�t�'-yf�;s` `"'1 „ mss; `-r e St,�'��l';''{` 'ik-.tK„-,.o^^-• '-E..�,�'—a-4s.�-l.�.iT7_�^`eN”"�';'�` � " t The photograph above (taken facing west) depicts the pre-existing non-conforming garage with the as-built outdoor shower. HANS Property Situate: 2125 Pine tree Road . Cutchogue,New York 11935 S CTMVI#: 1000-98-01-13 (Photograph Taken 5/13/2019) i E t - 2 1 NV The photograph above depicts the location of the hot water heater for the outdoor shower, located within the pre-existing, non- conforming garage. HANS Property Situate: 2125 Pine tree Road ® Cutchogue,New York ® 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) \"w ,�a:�. w;_• ..�j„ ::_..,r:':._.:a„t...�,t.,_- _ _ � - e7'r,....`e.f�..- -. a, - �T� ..d':..Sy ' Fir— .�v,•_ -�afy;•. �`.5^•,.C....^{^`-. -Y Y < `E�'ryv, 'fi ”` u, .r�ti` `,�; ,`, tr i'§ .•��. �t�!' �(L e' ,"��r � l" S-,•"Y°tl6a~_ __ _ �__ _- _ "—____ _�_,ea=+w:m.m'-'.�a..®..�,e..�"s.�-,�' _ •.«.,-�A�Y _. Sr L .'a. -�. s�Y"•r[o'��r"-ms's,-yc: �. _- _ - ,y.-6A,..- - - ., y`'�,,�yy Y�5LF'tw� C. C s'y`+,.L�:� ��1:� ��f:- � �•��xti-'.'L.��:d�o-. _ _ Y\ _ -� ' "�1' `" _'�, _ - ..x1-�_.,. _ ^�s:�;>• --`r'.��,t=om^.:.',- -xs�' �,;� t: :i.` «,'.9F- .aa.�*^ ^or.. .-- _ _ _ - - - "' -c'[•r� y ,.`..�� - - .." f �..•,f >^•;;_.�- ,�.+s'"='- i. y _l, - 7,e r - � :r' f `h�'� - "- .-`a •-.ts����.z:r��" i�3'�����}} ^rai.^ ` •' it �.'�~'�'k�`-,. „ ,...�..- c,r.y" ":-'4.-..� >Jn'.,�.,t�...v`.'rF. .''J';,,•..� i 1•? 'i� 4,7'. 1 .l' " a�:'{� ,.�" �, -w�>;ter°'�.i�:�.'.'--�'` _..�.,.0 dc,'w`�:1`..�.`.�.�r.',+,�a• _""°,".`.'""AnB u�,� " sMi�V'I{ ��<�rr.. C'v - . ' _ - �.�a-''- s �=F` `M1+CJs=�4�[3•r 4'1'_'x-�. - The photograph above (taken facing east) depicts the front entrance to the pre-existing, non-conforming garage. HANS Property Situate: 2125 Pine tree Road o Cutchogue,New York m 11935 SCTM#: 1000-98-01-13 (Photograph Taken 5/13/2019) • eT 1'�<a2�J�f�y�6,`��,[nryi+. '1" :._s.,J?'tY�.Sf'Jj `�r $f 3r�'+`�C .•��ti�?�.,.,��'"4fi��-„'�S`d�� -„�,.�. ;�,�� y a�°^.�q :.� � �' �„45Y�;.._f z: x F±5'��'� r � F-f d� er• 'tom �..e�;^,,f�����{. r�yt�,'.'^.."ii4. 'r`:7�;- 1 °���Y'-'::�+i '• +��"•3.�.r^ .,-.��'^.'�'�{ e�f`. t r ,, ~tt � �;'�F.. P�`.'4r'^;��"H �9f`'�,'.._"_��s< ::C;��'".�'r'...�_,.,,x.+n-^".n-.w• F¢"-”- �'' _ �- �3�`i;_- .. .,.Fes:'_ _ -':F` - _' '� _ � j. `i � S; _ :`-'�� -`+"�-�••.'.'s.�,_'�i °r'tif:a:r�sin.. �:wc, S - '�� .hnt'_ ! 4 ci"�., {` •' �` '=.�..-=,-_ - ' 1Fi �j.: 1�7,i. '' ��at a ?•. . - . '. ,� �� -.a l..J, ,2,..r.� r �• 5�l:.,pay- �. • --J � ��M, .. S r _ _ ,- C`J[_:� 1?,.air t '• s?: ��"'e i'Ft ,u..'• »' �„' -.�..;. - i ,. max, `'r`: The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage. HANS Property Situate: 2125 Pine tree Road • Cutchogue,New York • 11935 SCT M#: 1000-98-01-13 (Photograph Taken 5/13/2019) �m NIT •a+/``; �i(�S .SIL- ��r�•o,,. rr�`..� `L at vJ� -x}Y ,_l..c•-S� .�' •'?x - 'Lc` o- :Jc - _-'-w i's.,,tic...-,'`� , �,flie The photograph above (taken facing west) depicts the pre- existing, non-conforming garage and the as-built outdoor shower in relation to the adjacent property line. HANS Property Situate: 2125 Pine tree Road ® Cutchogue,New York 11935 SCTM#: 1000-98-01-13 _ (Photograph Taken 5/13/2019) l�i •X' ''h+,.i•'�. _ .,r�.a t � � `f'i'R- •ct•�C'i p— �'��'ti�� `� �_7' _ •G-:T�r Y's�.,��{�d=`�,."_S7Ir -� ��-`.� •�r t iyykLc FTI ti� 4} ','; R2 '��luc a': o'�r,�,:.%a>4�a�. -rE• ?.•��? q� '{�, -- ? J � yIN�'c-7ti n ".� :--,5..�_"'r'- _ - :.:v ^� ,. •,,.,. �' - -� � "• ',:TY: 1-: _ 'i`��3 'r ..*��.� �`�4`i'u;,�''uv.a`'�4'e`-,F� ptrY&:u� �j'..E.�• c�,� - _ _ `x'-:-'�4y 4 _ _- ��: „S �a� R, .ti_,�,. i i',�•�d S�'. ,p F.i,. �Y ..���,-lg' ��� _ Y.���`,.•.�l�. � � L•a�� - _ .' • m. , ':•,��". ,�_� � r�3' °e c_ � ~`'��+�,.._p(��p'�r'�.-., :d .-5.� r_�.� ��i. "� ��.._�.-; I'_�'li��„ ,.,_,-_ _��._'..,,•,_..:,5 fyT"_4 r^"` __.-'^"�'—�•�"�'�-s"..='=2=_'r.--„�- �-•ha x l •,t. ���. :'a4y -.g.9:�', s ." [: _ /L,_:.:•__....� — ,[' "R.E^ f _ Jq J �� —rte—" ,. fie��,�bery� 1'L- _ k ��� $; •+a.� ;� � r�� 'i 11! ' 9. +'T� 'R �i �`- ` �� 4 3.T�T 1uia'f+D9�4aFJ1'i«Ly��:�T:.�-.:C••:y:,Ri !/ S'. _ _ •�r 'r' M"._-'s•i�-_- -r' _.c^7.'__ _- 1 _ _ �,./p..r-�?� 4S,'_r,' i ;, 1' � ,� j pl - t 4 X }l _rui `r a ^- moi' ~�- y.�^` •_ pis N rta r v ?L p '?'' AWN The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the existing single family dwellings HANS Property Situate: 2125 Pine tree Road 9 Cutchogue,New York ® 11935 SCTM#: 1000-98-01-13 (Photogra h Taken 5/13/2019) _ s� K r•' - ,, `3sr;,-`�1f�N:jPT��` a-'k: .�.4. The photograph above (taken facing southeast) depicts the pre-existing, non-conforming garage in relation to the adjacent property line. I m OWNER , STREET - VIL # GE DISTRICT SUB.-• LOT l _ T e ' te e ' �' 41t i FORMER OWNER , `' N E ACREAGE `Ei r1 Hifi S 1•� ���.f:`^�`" � �tf t �(-�a( w TYPE OF BUILDING 1 :_REV,�16,Vj SEAS. VL. FARM COMM. IND. f CB. [Est. Mkt. Vafue w -LAND IMP. TOTAL DATE REMARKS ��� �-� �� � .� fd $d Ar cn41dd 41.1 'r 01 A 4 .� 45 6 � .S- /l ,2i-ILI?13l a .- S-131 7/ P� �.P. r2 c�nstr AGE .3 BUfLQIriG C NIDITI {�{n�%? '� X20343 - )F,,CJ06 e• a4;o )E.;- FRONTAGE E=FRONTAGE ON WATER � t Farm 5" 6CAcre Pericreq.S Value FRONTAGE_ ON ROAD LO Tillable ' 00 5- 700-' 6 0 fik 6 BULKHEAD Tillable 2 BOCK LD , Tillable 3 l�a �'� o�c- ` t7 -6 pgaT�l I+LD = Woodland Vim . �' . ` -�� D x'71� JII}tt�"•P,���'� A �,'� Swompland g sh 1 t Brushlanti-- ro N House Plat 1 y - N 1 � .` � . . Totd i ave°° i fir,i� 'i: •• a�f'•.i.` 'ti..'., P<+ IlNY k ►, l�';1 4 `` 'r Jia��.}r� ; �i.'F �` 't 1y ty� ■NMNMEMMM00 ME Mom IN I W5 V .r Jm MEN ax, A610 Firfish pteriar IPT we, 7im �,;o,.:: ` ��.;.�.,•: _ �'...•�.�� .-_-.:�,�,:•••.,- ire �����i 9 - r / f ^ 4''.°i,_..V._. k 'i y�:,o" r_-C^-" '°_,�c�s .'k`:t'ri,.S.•"r= n,.r,.s. _ m`�•.'• :.. Y_e'�.�v-s,., � � fr . tll .._�,.., ,y'i, .:¢ : �. F +1'.dt! Tt�>' _ ' `i f •-e4e C�y`�- 4-g�G -.6 �it �Y1,i�l� �. ? - >'" -tp'4V f 1'1 `5'..> k.'u=Sia,..v.3r..ra„-wv.,,,.+.c_...ne�...r-ten...cw. = �_.E h' '�°3`-;A3.cF'�i:,:.� t••^ .'....•Y va 3..,.K_.. "� �B�¢�<� _ � '°`^Y � L g_. -.r "'- a°...'r,._$-:-�r�.,�,s• 8-f __ -SP�r� � �_.''s� ,l',- .. -.�% � r ' a a � -1�"t ,z i 6 '• - �fi kkp ey'Sf �,„ _. '4 u f j' s ,- ^ AW E v- . ^'}01 � �� r ,�� � � ,�-�� �T�',f:.= � k i �`� S• _�'� •r-C.3.e�^f'�yAE:�-��-�'�=V.. , .. � E s ; titl 5_e� t"' ,6111 t*.,.� JFs. 3P'e,s.-s `aY@; 'Ei-;".-a.0 nE • i [tto ..✓. �, 6',¢�i��, ,f?n`��` p - _ � -�• .�a.,,ri}{b�,� m,..w... '�`-'''L'`a rt,,..r�... , t M1= �.w • ���,ca err'.' �'-t a�-• .^pa-.`< ; ;.•vR. YS $ A j _ m g'^�' .. .:,.�. -....._._' _.... - ..._:.i�� -^___. _a..,_,-•.__. .,.._.......... ._.,.._� ,d'P J,r_.. =,.,;...--..-. �� �I c � ���,r.[mac---;- �� — �-.,'.-�;r_�? � -_ - AEa g [Y 4 ' - >.�_.--.n......��..-.--... t a � �3�3 k � � Hyl t ¢¢$ i i , f .f j+� � '����`�� � a� •`;� • ` i [ a fi 3 k a E i r +� � �� •�•c" .2ULL .c-�;.;�,s...ra-...J✓..s:wx+.=M1',�..:.133=�:.c?'_':+n-;u."*:.fYa*a.a=:��r°:=51�_•'-v's3„ - - ' i - yI ._._.. ...._.-�.-_ .Y:+^:SS:^.'"aT c�^..'._iX•:n._�"_SP,.^.,.'�.;�:!:rn Ci--�....�m`iRvx Y:=-z+,_sh-a�,'c-....�..-cc+--cyc..s_�_T_,lam:-' - �_ ....-..-..y- ��. ' y�f� - Y. __-. _ cam(•/:h `,.°y5 .1 rA:."_'-may 4s'+. c.`3 ;.v�`='f ft.�x,�: �- �' ,�`�,$ r i*:.> y 4 n" I ^a- A C A _ ` HAMS RESIDENCE, �� �' r Exna fdl6 DETACHED GAMGE 208.5 SQUARE EEE7 TO BE USED AS STORAGE AND � __ 2225 MAE a IEEE LASE i t phi x 2 CHANGING AREA, AND NOT TO BE USED FOR LIVING OR SLEEPING CU TDATE 2-13-19 CHOGUL, mx�' SCALE Y0=1' �`-------- � box- AVEMM r r LOT NUMBERS REFER TO "MAP OF NASSAU FARMS" I am familiar with the STANDARDS FOR APPROVAL SURVEY OF PROPERTY FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON AND CONSTRUCTION OF SUBSURFACE-SEWAGE N DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES A T CUTCHOG UE MARCH 28, 1935 AS FILE N0. 1179 and will abide by the conditions set forth therein and on the TOWN OF SOUTHOLD permit to construct. SUFFOLK COUNTY, N. Y. The location of wells, cesspools & public watershown hereon are 1000-98-01-13 from field observations and or from data obtained from others. SCALE 1'=30' JANUARY 10, 2012 (DWELLING) OCTOBER 18, 2017 (CER7IFICA77ONS) & SEP•nC SYSTEM LOCATION UNKNOWN) DECEMBER 11, 2017 (SETBACKS) DECEMBER 5, 2018 (LOT COVERAGE) SWELL nft'erSEW,no -DYARDMf' N�� wq� MARCH 1, 2019 (ADD WALK/DECK BY GAR.) �NqOJV evy�Np�� - ROAD ARr s, Enru REDWOOD 329-84! ---------- ;N� _ ° �` - u-Lurt _ S POLE .\ E i4CE PAVERS \ '50"E -'x�X Beo `\OOO \ �4NF OS4 t---GRAVEL-ROAD \t4S3 O9 X� XIX =�� __ _ _ _ 23.6 ZONE X \ \ ♦ \ \ FE g _xs�X 1ES7 HO1F _ w Off. �F q�� \ 0.3'N�— XN X X��x X'X ' �\ FL 8 8 L 8 _L�� i +7.8' `� k1 0. EX�— \ / `\ 6L- �--�� 15. y� tic\\ ♦ \ 10 ONE STORY \ - -- N \ y vu-/<N\ � +10.8' FRAME HOUSE F.F. EL. 11.8 \\ �, ZONE AE ♦ \\ 6`• .oq GAG s�. `7 py\ ------ PAVERS I (EL 6) \ LOT 19 WELL- PAVER 6.0' CON 11.2 \\� \� �-� ♦ \ ar,o O C. COVERO wALK �\ \\ \ 3 A \ 12.2 DECK o Q n 0.�` rA a�1 �4` `�R _--_ SHED 18.5' cFR. GAR. 220 \ - _ is our SHOWER �_ - — WALL 363.47 \ 20.4 + 1.47S 0.4 S \mss - - �� �� 0 \� w i� --0 HARE FENCE 4 S85-09'50"W (DWELLING) oe.E LOT 18 Q \e Gel% 0 Certified To: Richard Hans O �pJ Siobhan Hans Fidelity National Title Insurance Company TEST HOLE DATA Citibank BY McDONDALD GEOSCIENCE 1/5/12 EL 8.8' DARK BROWN LOAM OL ---- 11 AREA=21,653 SQ. FT. LOT COVERAGE BROWN SIM SAND SM TO TIE LINE UPLAND AREA = 20,624 SQ.FT. ��.y1G y® ---- 4' HOUSE & DECK 2083 sq.ft. �� ELEVATIONS REFERENCED TO N.A.V.D. GARAGE do SHED 331 sq.ft. FLOOD ZONE FROM FIRM RATE MAP NUMBER . , PALE BROWN FlNE SAND SP 36103CO164 H SEPTEMBER 25, 2009 24t4/2o,s24 = tt.7X � y EL 0.5' WATER &3• t�� (� x o wEu- k ,�� '� LIC. NO. 49618 u, �2 ANY AL7ERA77ON OR ADDI77ON TO THIS SURVEY IS A WOLA77ON PECONI S'UR$� S, P.C. WATER IN PALE BROWN FINE SAND SP ✓ OF SECTION 7209 OF THE NEW YORK STATE EDUCA77ON LAW. (631) 76 -5020 FAX (631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CER77FICA77ONS P.0. BOX 909 ■=MONUMENT HEREON ARE VAUD FOR THIS MAP AND COPIES 7HEREOF ONLY IF t7 OSAID MAP OR COPIES BEAR 7HE IMPRESSED SEAL OF 7HE SURVEYOR 1230 TRAVELER STREET =WETLAND FLAG 12-101 1WHOSE SIGNA7URE APPEARS HEREON. SOUTHOLD, N.Y. 11971 —UNE _ x14 NO 00 12 1 SEE SEC 6 I _ MATCH —J 1-2 e 1-3 • ,7�3 Z t,9 � `� S , 't� �.q"9(c, ,^ ��•p' i< ,m ''stn 22 T � cl g 21 n o `8 „s r$4 to o�+- _ - , a an !h 5 �� g gm,y Son 3s ,e 16 kol to(91 g1 27-1 Ile, �^7'�V 78.3A(c) 1 • �' �.'1P 0�,s, 8 . at 75 61 a 8 N' R �`' - 5��,•w .�S __- 's ,on tal s p, to ir FOR PCL NO. •AS �' "P M' �$ w I SEE SEC.NO. Z 097-09-010.4 121 a 13 ate' Al O c vm a -a '1 219 F ,T IQo. ,aP i on c� VA ^ � , q 162 Ipq FOR PCL NO. 8 I7-69Al2SEE SEC. O18.1 ci_ a 9-1 •nll�. b w, y g ,e x Gai h �\� 20.1 n I � Y 20 y9 �9 o b' •gyp a1a+an�\ � I(Y�, uj a 'l-p`cl 1.5p`cl 'QO �1y , tan n FORtL NO. \ e` e�4- •P` ,•�(G�G o •''�+.10 �2'o•N�o 0 t� �mF ZC SEE SEC.NO. OF SOUTHO 104-03-0141.4 del \ N 314282 •t3 �ry � .e�� r ' MATCH LINE •{I \ \ L �-n�mvu. s,er�ww ne •tma um ------ sanatrdne u.. --sv,-- rgeasrnua u. --"-- vats auw+oaaamsseauet+arena,es u.wawa a,a:rauawwoscurs (21) st„va— eHee..tdlw --- — P�atr.�m O.nH4n. I1fYo1DWCt� PPE 212.1NVOfUWa_ N ,sem. as Esyse M "2uYc,