Loading...
HomeMy WebLinkAbout7470 Kr e,✓-, Mc.ko .61 53 13,1 71�10 � 443l6-Z- -CW C16V s(vele- d,c,oelli� ; olm ftdm 6K4- cm 64i-& '-f 1 eC �2 Ed—l3 i : 2 _ i3., P. -- s. aa, i - X vi�i�'C eE .AYO ? ° PH 9/3/ .e � 3 �5 � cSl� �- �►t�e off' � � 133 - 7,270 b Pia l!S e?�t S�1�n9 ,(��� t✓t q y n � Papa r�r see. a�o- RA `k - / d-v o 3 ��C o - J CHECK BOXES AS COMPLETED ( ) Tape this form to outsii, cc c a ( ) CL Pull ZBA copy of ND ( ) Check file boxes for pri y ( ) Assign-next number on o outside of file folder ( ) Date stamp entire origi 3 X o v 0 CO file number CD � o m '- 3 ( ) Hole punch entire origi m� (before sending to T.C. 4Cn �z 4, cu' o -< m ro ( ) Create new index card a- ( ) Print contact info & tal o °- ( ) Prepare transmittal to N ( ) Send original applicatic to Town Clerk �. ( ) Note inside file folder - 0 ' 0 and tape to inside of f, 3 -n ( ) Copy County Tax Map; neighbors and AG lots ( ) Make 7 copies and put vv, ( ) Do mailing label 4 0 LW Al(� �- N�-S�P BOARD MEMBERS Southold$®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson " y® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes cr, ANC Town Annex/First Floor, Robert Lehnert,Jr. • O@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,Southold,NY 11971 http://soutlioldtownny.gov �E EIVED ZONING BOARD OF APPEALS 4- f I • �Z�� TOWN OF SOUTIHOLD APR - 6 2021 Tel.(631)765-1809 -Fax(631) 765-9064 tom . Sou old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 1,2021 ZBA FILE: #7470 NAME OF APPLICANT: Michael Kreger PROPERTY LOCATION: 985 Bay Shore Road(Adj.Pipe's Creek), Greenport,NY SCTM: 1000-53-3-13.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 12, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 2, 2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Policy I - Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coast location, and minimizes adverse effects of development. Policy 4-Minimize loss of life, structures, and natural resources from flooding and erosion. The recommendation is based upon the following: 1. The proposed third story does not enhance community character. Character of the community is defined by mostly one- and two-story single-family residences. 2. Structures located within coastal areas susceptible to damage and loss from storm surge and high winds of major storms(including hurricanes)should be minimized. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 39,624 square feet (upland area 28,260 square feet), .91 acre irregular shaped waterfront lot, located in the R40 Zoning District measures 180 feet along Bay Shore Road then runs north 171.20 feet along a right of way owned by the Town of Southold to Pipes Cove then runs west along a tie line along the mean high water mark 28.11 feet west, then continues 66.92 feet, then 72.86 feet, 83.46 feet and 51.74 feet before running south 145.71 feet, along a residentially developed lot to the Page 2, April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 west,back to the roadway. The parcel is improved with a proposed 2-story frame house,pool and spa,and pervious driveway all under construction and an existing accessory garage building,to be renovated, as shown on the survey prepared by John T. Metzger, Peconic Surveyors,P.C. and last revised September 3, 2019. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at 1)more than the code permitted maximum two and one-half(2-1/2) stories; located at: 985 Bay Shore Road, (Adj.to Pipe's Creek) Greenport,NY. SCTM No. 1000-53-3-13.1. RELIEF REQUESTED: The applicant requests a variance to finish the attic area over a single-family residence currently under construction, to create a sitting area and home office in a third story. The Code limits such improvements to 2 1/2 stories, where the half-story, in the Town of Southold, is typically an unfinished attic. Plans submitted and labeled A1.04 prepared by The Fieber Group, last revised September 22, 2020, illustrate an area of undefined square footage spanning the same area as the entire second floor below. Excluded from the proposed habitable space on the third-floor plan, is a knee-wall area under the roof and an area marked `unfinished storage.' However, no walls were proposed between room areas, other than the knee walls that feature access hatches for storage, along the perimeter of the structure's roof area. The submitted plans illustrate an attic area with 5 feet or greater headroom to be 1,174 square feet and an attic area with 7 feet 6 inches or greater headroom to be 460 square feet. The majority of windows located on the floor plan are in the area labeled `unfinished storage area'. ADDITIONAL INFORMATION: One neighbor spoke in opposition to this application. The applicant stated that the existing dwelling will be fully equipped with a fire suppression sprinkler system, including the proposed third story sitting area and home office. Certificates of Occupancy and Previous Zoning Board Decisions Issued for the Subject Property The subject property has the following VAILD Certificate of Occupancy: Z-29754 Dated October 2,2003 Accessory Garage with Unfinished 2nd Floor per ZBA#5222 The applicant previously requested an Interpretation pursuant to Article III, Section 280-13 and the Building Inspector's February 25, 2020 Notice of Disapproval based on an application for additions and alterations to a single-family dwelling to determine whether the current improvements constitute a third floor under Zoning Board of Appeals file #7420, interpreted December 8, 2020 sustaining the Building Departments determination. A Notice of Claim for an Article 78 Preceding was received January 11,2021,by the Town of Southold Town Clerk, Index number 21-600377 filed with the Supreme Court of the State of New York, County of Suffolk. Litigation is pending. The Zoning Board of Appeals finds that the current application # 7470 is different from the previous Code Interpretation and is not Res judicata, in that it is a request for variance relief for a third-floor habitable area consisting of a home office and sitting area. Analysis of Prior ZBA Determinations for Third Story Habitable Space Submitted by the Applicant's Attorney The applicant's attorney submitted, as part of their argument in favor of granting the requested relief 24 prior decisions by this Board relative to applications throughout the entire Town of Southold, for third story habitable space, including file numbers: #4968,#4984,#5007,95330,#5815,#6112,#6245,#6391,#6512,#6519,#6591, #6620,#6664,#6680,#6744,#6800, #6823, #6848,#6904,#6920,#6984,#6993,#7200 and#7214. Page 3,April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 File numbers#4984,#6823 and#6993 cannot be considered relevant to this application as the relief sought by the applicant was DENIED. Application numbers#6245,#6391 and#6591 cannot be considered relevant to this application as they are applications for habitable third story relief in structures other than single-family residences specifically including a conference center, a library and an apartment building. File numbers#4968 and#5330,while granted,were not built and are for the same property for which the applicant later found relief under file number#5815. This application is for a small third floor bedroom located in a very contemporary house with varying rooflines and a large chimney stack,built into a hillside,which make it very difficult to distinguish or determine what constitutes a third story, and the steep terrain conceals the interior height from view from the exterior of the dwelling File number#6800 was to convert a roof terrace into a non- habitable,unheated sitting area accessed by an interior pull-down stair and an exterior stairwell from a terraced garden. Like files#4968,#5330 and #5815 this home is also built into a hillside and is not clear from the exterior that the dwelling contains three floors. Decisions#6112 and #6664 pertain to applications located on Fishers Island. In application#6112 the third floor was built with a valid building permit in 1973 and the applicant sought relief to renovate the existing third floor bedroom and bath utilizing the same `footprint' but reduced the roofline with the elimination of previously approved dormers. Application#6664 varies from this subject application in that the home owner was granted relief for 70 square foot,3rd floor,non-habitable observation tower,built by a previous owner without the benefit of a permit. The removal of the observation tower would have created unique challenges relative to the structural integrity of the roofing system. Like application#6664,application#5007 is for a non-habitable,observation tower in a single-family residence. A condition of the approval included a full-house fire suppression system. Similar relief and condition of approval was granted in application#6984 for an observation tower of 156 square feet. These applications distinguish themselves from the subject application because they are for non-habitable observation towers. Applications#6512 and#6519 were both denied;however, alternative relief was granted. In#6512 the alternative relief was for a sitting room of 221 square feet and in#6519,the alternative relief allowed for 428 square feet of habitable living space not to"contain any bedrooms, sleeping areas,kitchenette, or bathroom". These applications distinguish themselves from the subject application in that they both provide access to exterior balconies overlooking water views; one located in Orient overlooking the Long Island Sound and the other in Southold overlooking the Peconic Bay. Application#6620 (previously denied third story under application#6487)approved relief for 283 square feet of living space,not to include bedroom, bathroom, cooking facilities,with the condition that the entire home contain a fire suppression system. While relief was granted,this application is substantially different from the subject application in that it approved third story habitable space is a fraction of the size requested by the applicant. Application#6680 and#6920,while granted,are for non-habitable storage areas (approximately 1,000 square feet each),accessed by interior stairs, and cannot be considered relevant to the subject application. While application#6744 granting relief for an "as built"third floor home office and gym consisting of 1,100 square feet,would appear to be similar to the subject application, it differs greatly in that the house visually appears to be a typical two-story residence.However,as a result of the sites topography,the walk-out basement level was defined as the first floor,thereby creating the need for variance relief in what is the Page 4, April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 `technical' second floor above grade, and the approval required the installation of a fire suppression system in the entire house. The subject residence, currently under construction, clearly and visibly contains three floors in addition to the basement level. Application#6848 cannot be construed as a comparable to the subject application because the approved relief was for a bathroom consisting of 98.25 square feet to be located in a non-habitable third floor attic area to service the bedroom floor immediately below. In application#6904,the applicant applied for an `as built' third floor sitting area consisting of approximately 625 square feet,less the area of a large multi-story staircase,based on"the original plans of the dwelling which showed a finished attic space which the applicant wrongly assumed could be legally constructed". It appears the applicant misinterpreted the building permit issued. The removal of the small sitting area would create an unusual hardship for the applicant. In application#7200,the subject residence was built well before current zoning and is a landmarked historic property listed on both SPLIA(Society for the Preservation of Long Island Antiquities) and the Southold Town Historic Preservation Commission. The Board granted approval to restore a tower consisting of 130 square feet,accessed by a small hatch leading to a non-habitable attic area in what is defined as a third floor.The tower was lost decades ago as a result of a documented lightning strike and house fire. The Board opined, in this application,that the value of contributing to the community's architectural heritage was of great importance. As such,this application cannot be considered comparable to the subject application. Lastly,the applicant cites file#7214 for a proposed new residence that required the applicant to mitigate inconsistencies with LWRP policy standards. In this case,the applicant proposed elevating the structure to a FEMA compliant height,which created a first finished floor at 14 feet above the visible grade. As a result,the technical second habitable floor was interpreted to be a third floor. In granting relief,the Board required that no other uses but a non-habitable,non-conditioned basement, garage and storage area could be built at ground level. Furthermore,the unique property shape and proximity to the CEHA(Coastal Erosion Hazard Area) severely limited the buildable area of the lot, especially within the front yard leaving no feasible alternatives but to locate a garage within the elevated foundation of the new dwelling. Visually,the residence in plan and elevation illustrates a two-story structure. While approved,this residence is yet to be built and is substantially different from the subject application. Amended Floor Plan for the Proposed Third Story Sitting Area and Home Office At the public hearing On March 4,2021,the Board asked the applicant to better define and limit the size of the proposed third floor sitting area and home office by clearly delineating the proposed enclosed space and non- habitable attic storage area. On March 9,2021,the applicant's agent submitted a revised floor plan labeled A1.04 prepared by The Fieber Group, last revised March 5,2021 illustrating the addition of a partition wall between the proposed `unfinished storage area' and the sitting area and home office, including illustrative seating and desk. No verifiable square footage was proposed for the home office and sitting area was included, other than the information on the original plan labeling an attic area with 5 feet or greater headroom to be 1,174 square feet and an attic area with 7 feet 6 inches or greater headroom to be 460 square feet. The majority of windows on the third floor are located in the area labeled `unfinished storage area'. The proposed habitable space also includes an area labeled"mechanical equipment area' Page 5, April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 Interior Inspection of the Subject Dwelling The applicant's open Building Permit#44316 is to demolish an existing single-family dwelling and construct a new single-family dwelling with a"pull down"stair access to non-habitable,unfinished attic space At the public hearing the applicant's attorney invited the members of the Board of Appeals to conduct an interior inspection of the dwelling, still under construction, specifically to better understand the applicant's request for approval of a third-floor habitable office and sitting are space. On March 18, 2021 a member of the Zoning Board of Appeals and two Building Inspectors representing The Town of Southold Building Department inspected the subject residence and observed the following,which they shared with the Members of the Board:No pull-down attic access stair. • No pull-down attic access stair was present, rather a finished staircase leading from the second-floor hallway to the third floor had been installed • Finished oak flooring matching the floors below in the entire attic area, including the storage area • Storage of a substantial amount of sheetrock board located in the attic • Ceiling height throughout the `attic' of at least 9 feet • Knee walls following the perimeter of the roof structure defining the attic area proposed for a sitting area and home office • Recessed lighting in the unfinished attic throughout the entire third floor • Electrical outlets in the unfinished attic throughout the entire third floor • HVAC ductwork in place throughout the entire attic area,with a`return' located in the proposed unfinished"storage area" • No partition wall between the `storage' area and the proposed sitting area and home office area • Plumbing `cuts' for hot and cold-water service and return and toilet facility along with an installed ventilation fan in what appears to be an area where a bathroom was placed(only area without finished oak flooring)along with what appears to be a door jam. This area appears on the floor plan labeled as "mechanical area". It also appears that any work done to the `bathroom' was removed with the exception of the ventilation fan which was visible behind the stored sheetrock. This area is immediately above second floor bathrooms • An egress window located in the eaves at the top of the stairs and two smaller windows in the proposed living area. The majority of windows remain,as illustrated on the plan, in the `storage area' • A fire suppression system, in place, following the stairwell down to the house main entry(the entire house is not covered with a complete fire suppression system) • The basement ceiling height is under 72 inches • The accessory garage structure was renovated to match the house under construction and did not contain a finished second story or any other improvement. Electrical service was found to be in place. The application was closed for deliberation on March 18, 2021 during the Board's monthly Special Meeting, after the site inspection took place. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 4, 2021 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: Page 6, April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Waterfront homes along Pipe's Creek and the Bay Shore Road neighborhood are single-family houses built primarily in the 1960's through 1980's and consist of one or two floor ranch, cape cod or colonial design residences. In this neighborhood and elsewhere in Town during recent years,many homes have been updated and enlarged to meet current residential needs for added living space,several of which have code compliant ridge heights allowing for a `visual' third story. Several homes have articulated dormers or other architectural features,including windows,allowing light and ventilation into the attic storage area or implying a third story as part of the design scale. The attic conversion to habitable space in the subject dwelling are interior to the dwelling and its use will not change the exterior size or appearance of this dwelling, as permitted by the Code. However, the proposed habitable third story alterations are not in keeping with the character of the R-40 zoning district and the immediate neighborhood character.Nor can it be argued that the use of the third floor is in keeping with the characteristics of a historic district or home, as the house is currently under construction and in designing a new dwelling on the subject property, it is entirely feasible and possible to conform the code requirements in the bulk schedule. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant has stated in their application that the present lot coverage is 15.2% of the 20% maximum lot coverage permitted by code in the R-40 zoning district. Therefore, an addition to the dwelling, in a compliant location, could be constructed in order to obtain increased habitable space for a sitting area and home office, attached to the residence under construction. 3. Town Law 4267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. The applicant contends that the variance is not substantial in nature, in that they are using the existing attic area and that other property owners in Town have been offered similar relief for habitable space located on a third floor. The applicant's argument is framed in the context of misrepresentation since only 3 of the 24 Board decisions offered as supporting evidence can be construed to be `similar' in nature to the subject application. However, those properties that received relief had circumstances unique to the application and are not similar to the new construction proposed in this application. Here, the applicant is not seeking relief from a bulk schedule regarding ridge height or lot line setbacks,or even relief for an`as built' improvement.Rather the applicant is seeking relief because what is proposed utilizes a third floor where the Code limits such improvements to 2 '/Z stories. The applicant is not proposing an observation tower or storage area or a modest sitting room for access to a balcony but rather a large room of undefined size for multiple purposes including a sitting area and a home office. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and the proposed third floor habitable space is within the interior of the existing dwelling which is at a conforming height. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. Furthermore, the applicant under Building Permit #44316 (Demolish an existing single-family dwelling and construct a new single-family dwelling with "pull down" stair access to non-habitable, unfinished attic space as applied...) clearly understood the limitations of the building permit issued and the responsibilities of property owners in the R40 Zoning District. Page 7, April 1, 2021 #7470, Kreger SCTM No. 1000-53-3-13.1 6. Town Law &267-b. Grant of the requested relief is not the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a sitting area and home office while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Planamento, seconded by Member , and duly carried,to DENY the variance as applied for. Vote of the Board: Ayes: Members Weisman(Chairperson),Acampora, Dantes,Lehnert, and Planamento(5-0). Leslie Kanes Weisman, Chairperson Approved for filing % /O-)' /2021 21'-0' 4'- -S. Nop-TH 3.. 3. FLAT CEILM 31 CUTSIDE FACE OF PERIMETER WALL BELOW ROO,Ec.. ------------ ------------------- RECEIVED ------------------------------------- ------------------------- -Z& RECI 7 14_ I FMAR 0 0 8 2021 it -V Zoning Board Of Appeals L p 'z-------—------------------------ --------------3, 'r-------- 2------------------------ FLAT ROOF BELOW IIA403 ROCM1 ROOM tp THIS AREA MIS AREA DOR tER PCX FS ABOVE WE DOFMR DETAIL 2/A406 ----- L L LINE OF '-0-WZADR� L j I YI 0 ------- ---------—-—-------------- MEC"ANICA-1-4-------I ----------- E U! Unfinished AREA NOTE,E50X IN DUCTWOW Storage Space j I I AID MECHANICAL ECUIFMENT Ul U" W�eREE REWIRED 2:zz: RENSED.5 tla-h 2021 LINE OF ROOF ABOVE Add d—k-d—n" N� EqW EXTENT OF EXTENT OF FLAT- CEILM FLAT I.A— CELING r"Fmata Urmr&lnd St-9, 14 L ----------------------L-- L REVISED.22 Sept—b-2020 Dm—aUl,area wMh 51.0-headroom Note'a—with 1'.5-1—&— c--k atua a—pe wigs caIculauone ro Fu—1 MROOF 59LOW EXTENT CF FLAT CEILING REVISED,23 JW9 2015 —— ----------- LINE OF AREA WITH T-6'CRGREATER HEADROOM) 42-Atme a HATCHES 3--t.. The Fieber Group 47 Elm Strcet 2.,4. 2'-41- 2'-4}' 2'-41- New Canaan,Connecticut 06480 0 KPEGER RESIDENCE 1085 Bay Shore Road ---------------- ---------------- it Southold,New York ATTIC and ROOF PLAN r �211-2019 ATTIC and ROOF PLAN SCALE,1/4'-P-0- ATTIC AREA NOTES ATTIC AREW-0-OR COMATFIR HEADROOM IJ-74 S.N—r. fTOP OF FLOOROISTS TO LINDERSIDE OF RAFTERS) INCLUDES AREA ABOVE STAIR(32 Sq—r—) ATTIC AREA LLAT14 T-& OR GREATER HEADROOM 460 1�- (TOP OF FLOOR JOIST;TO UNDERSIDE OF RAFTERS .... .7r .,, OR STRuC7uRAL ROOF TIES) DOES NOT INCLUDE AREA ABOVE STAIR A 1 .04 EXIS77NG LOT COVERAGE SURVEY OF PROPERTY REQUIRED LOT COVERAGE: 7,924.8 SQ.FT. (20/Z OF 39,624) TOWN OF SOUMOLO A T A RSHAMOMOQUE AREA TO 'RE UNE = J9,624 SQ.FT. HOUSE, DECK, & BRICK STOOP TOWN OF SOUTHOLD = 2,336 SO. GARAGE = 882 SOFT SHEDS = 39s T SUFFOLK COUNTY, MY ,311 4 SO.Q.FT. 3,314/39,624 = 8.4% 01000-53-03—l�•l PROPOSED LOT COVERAGE SCALE: 1 0=30 REQUIRED LOT COVERAGE. 7,924.8 SQ.FT. (20/Z OF 39,624) rowN of sourHocD �� MARCH 20, 2018 AREA TO 77E LINE = 39,624 SQ.FT. JUNE 6, 2018 HOUSE & PORCH = 1'952 SO.FT GARAGE = 882 SQ.FT. lzot7lj� 62020JULY 9, 2018 Poor, TROUGH & SPA = 740 SQ.FT `' OCTOBER 11, 2018 (SETBACKS) `'�� POOL TERRACE = 600 SQ.Fr 0` 4,174 SQ.FT. 'n OCTOBER 24, 2018 (L O T CO VERA GE) 4,174/39,624 = 10.5/Z �'` �s MARCH 24, 2019 (TOWN FLAGGING) DEC EXISTING COVERAGE CREEK SEPTEMBER 3, 2019 (SITE REVISIONS) REQUIRED UPLAND COVERAGE- 5,652 SOFT. (20X OF 28,260) PIPES UPLAND AREA = 28,260 SQ.FT 58774'47"E HOUSE, DECK, & STOOP W/STEPS = 2,408 SQ.FT. GARAGE & STOOP W/STEPS = 900 SQ.FT. k6' /T-------72_86'---- S78•47'40'"E AC PAD = 11 SQ.FT. / _ J1319 S0778��/ _ �'-- _ _ 6692, 5659,/^ 3,319/28,260 = 11.7/Z EDGE OF TIDAL W OS As 1 nE — ` DETERMINED 91•N.T.CORWIN III U) LANE £' TF Z214- LAND SURVEYOR ON NE 13,2017 1 . ALONG My �� 28 N.206 C. V& 1 TF WM Oyp.) `��>> CLEAR & MAINTAIN 4' WIDE FOOT PATH TO PIPES CREEK. DEC PROPOSED COVERAGE �y k� / zoz �0 z1z �� '�2T~ (TO BE CLEARED ONLY USING TOOLS, INCLUDING BUT / I N.G.WL \ 1 LOT 15 a18 \ ar '4 N•CWL _ NOT LIMITED TO HAND PRUNERS, HEDGE TRIMMERS, REQUIRED UPLAND COVERAGE. 5,652 SQ.FT. (20% OF 28,260) ``�0/// P�OC,G TF I \ \ k \ \\\ \ (0_\Z�\ ?� TRIMMER)CKERS AND/OR AN 8-INCH BLADED BRUSH N �h UPLAND AREA = 28,260 SQ.FT. ..// 930 / LOT 13 I ^ c \\\ \ \ \- \ \\i- �.0 "C'W_ LIMIT OF CLEARING, GRADING do GROUND HOUSE, PORCH = 1.952 SQ.FT. N61•�O^Q i � � � � �� \\ --o � - � \�\ < \ nO DISTURBANCE PROPOSED PROJECT ) 1, / / N.GWL \ �'C \`, 222 _Y �� ,• �� LIMITING FENCE WIRE—BACK SILT FENCE POOL, TROUGH & SPA = 740 SQ.FT. �j'I• Ar TF POOL TERRACE = 600 SQ.FT. GARAGE & STOOP W STEPS = 900 SQ.FT. �� MAP UNE ' \ WISTEPS BARRIER i 192 N C / 224 AC, GEN, POOL EQUIP. PADS = 119 SQ.FT. RESOURCE LINE N.C. / EDGE OF \ ��\ N.C�"L 4,J11 SO.FT.4,311/28,260 = 15.2/Z jF1' PE — — - N GA 'p SOP CLEARING oq� ; 1\ •\ \ ` POOL FENCEEPTABLE ND.. LOT 12 - - - •' :, °ot °SFp �s�— `` i PIPE * �i j N.C. / T P �••� FND. KEYEDGDETE OF TI BYNom.LANDS ASWIN IIIIAND SURVEYOR ON JUNE 13.2017.r- OP. FLAGSTONEN.C. ( •� 1REBAR �� TYP , PORCH R0° ` RqoF WELL _ N C. AS TANK R/O ® 17e PROP 1 1 ` FFO 10e 0 FR , EX. BLDG., = STAKE N.0 WL GEN. PAD I / PROP. 1 STY. �� STOOP/STEPS, WALK ��0 1 ? R/0 DECK `.` TO BE REMOVED ® = TEST HOLE _ N GWL ®N. I - IN = PIPE EDGE OF 174 ® 36. / CLEARING = MONUMENT 3• `0yP �\ , PORCH R0 1 � •••o l �. PROP. UG LP Nc,W. 3g.I'I 1_1�2E i DW i TH 0 `�`. �� GAS TANK N/O/F = WETLAND FLAG ` I �- 3' N I �� TOWN OF SOUTHOLD 170 3 i - _:, DW TF = FLAG SET BY SOUTHOLD TOWN TRUSTEES 1 _ ` O ` N+ 6 , PROP. PERVIOUS DRIVEWAY :' P LP P m DW ( ••1 .1 •LP �/ �P LIP ��/ \ \ \ -'ROPOSED NO D/S7LRBAMCE BLFFE7� t 2575 SF .., a Ex. BB cuRe ` EXP LP - \ \ CTO BE ESTABLGLED OVER A EXIS7W VEGI'ETATJbM .Pma TO BE REMOVED N.C. =PROPOSED NO DlS7U?BAMC.E REEFER; t 980 SF ` v e7 ol BBCO. URBi� ' 0 UT CTO BE ESTARLSL1D OVER A REVEGETATED \ Pole 2 Ise �O'O��WATER� AREA) N.CWL Ii i HEDGE ;' �7` METER UT -� POLE =PROPOSED IVO TLW ZONE; t 1200 SF HE E �����;" ``� ��� � '�•� -----� - -' EOP s �pW POLE OHW � \\\\� -REVEGETATE AREA OF EXSTM? INS O Tg5.11 S7905 - - -" _----8'"-- DISTU75AMC E BLFFFR; 102 SF ------- , D" --- _ -'-- A� 's'32' EOP - - ORE PO= E7fISTMD M0-D�fSTERBAMCE' REEFER SH CTO BE COVENANTED) a^Y EDGE OF 77DAL WETLANDS AS DETERMINED BY N. l'� T.^CORWIN III LAND SURVEYOR ON JUNE 13, 2017 NOTES: 1. ELEVA77ONS ARE REFERENCED TO N.A.V D. 1988 DATUM 2. REFER TO PLANS BY S LMARESCA ASSOCIATES FOR DETAILS ON PROPOSED SEP77C SYSTEM, DRAINAGE CALCULA77ONS & GRADING DETAILS. J. FLOOD ZONE INFORMA77ON TAKEN FROM. FLOOD INSURANCE RATE MAP No. 36103C0159 H �t=UF N"rz.v", ZONE AE: AREAS DETERMINED BE OUTSIDE DETERMINED NTHE 0.2% ANNUAL CHANCE FLOODPLAIN. a LOT NUMBERS ARE REFERENCED TO "AMENDED MAP A PECON/C BAY ESTATES" MED IN THE OFf7CE OF SUFFOLK COUNTY CLERK ON MAY 19, 1033 AS MAP NO. 1124 / am familiar with the STANDARDS FOR APPROVAL AND CONS7RUCRON OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and , will abide by the conditions set forth therein and on the permit to construct.The location of wells and cesspools shown hereon are from field observations ' :. and or from data obtained from others. AREA TO THE TIE LINE = 39,624 SQ. FT. ..� �.��=�.�a�...�' N. Y.s LIC. No. 49618 ANY AL7ERA710N OR ADD/710N TO THIS SURVEY ISA VIOLATION OF SECTION 72090E THE PECONIC SURVEYORS, P.C. NEW YORK STATE EDUCA77ON LAW. EXCEPT AS PER SECTION 7209-SUBDIWS/ON 2. ALL OT 0.910 ACRES (631) 765-5020 FAX (631) 765-1797 COPIES THEREOF ONLY IF MAP OR COPIESHEREON BEAR THE IMPRESSED SEAL OFATHENSURVEYOR WHOSE SIGNATURE AID UPLAND AREA = P.0. BOX 909 APPEARS HEREON. 28,260 SQ. FT. 1230 TRA VELER STREET SOUTHOLD, N. Y. 11971 18-111 2 1'-011 A�_GI 4,_�I, A�_pl, 2'-10111 4 . . 13140" 13'-0° y_4211 21_411 2,_411 21_A11 m L Y ll OFTH 5'-34„ 15'-1011 311 3'-10" 52„ 52„ 3'-1011 52„ 211 5 32" 81_8"t - FLAT CEILING 1101. 32522'-10" Ori 8 0 OUTSIDE FACE OF PERIMETER WALL BELOW ROOF EDGE r]--------- ........ ................... ...... - -- ----- . ............ . . ........ ... _.T7_7__.�._­­............. ............. ......................... ...... .. ... 1 .: . .'.'.'. . .' .:I.'::..:::::::.:::::.::::::::::1:': 1.::1.1.1.'.'.'.':::::.........l'.::�.::�:1 L------- M ::::: 1. .. -.1.1.1.1.:':::'::::::." I - !:!:777:771!___.---.........._.... ................... � { I I ':::::1: �.:�:.� ::::.' :�:':::�::::::�::::::'::': ::I I r--- ------ ------ ---1 r--- ------ ------ ---1 I - I ......'.'.'.'.'.'.' : ..1...................'. _.. ....... W.......'.':.' '.'.::.'.::.....a..-. .' I I I .........I............::S 1ttl'n ':.'.:'.:':.':.':.'.':.':.'.'.:.:t......... :: '::.:::::: :.. ::::.'.i i ' Ln Are0111 � r::::::::.. r............... :r \♦ 4 -114 ::':.:::._. 3'-I" _.r:. :.'.::::::::: ..........T.':.-.'.'.'.:: ` 1:1:1:1::.:•:::......... _ ::'.1 . . ..... .............•''' ""'"' I, I ------- ---------------------- ♦qI�....:::: � .... . ..................I::.:::..: .............. ! . . . I 1: .. , 2 .:: .:::::.::1::1::1::1::':: 2 . .. ::...... .:.!'. 1 LINE OF 5'-0" HEADROOM \ ;::.:: ::: :':'::{: ......... ... .... �..::::_::1 (PERIMETER WALLS) ♦ ' : `♦ ' : I/A4.03 :......., .... «._,.. . :::::::::.::::::::::,. y y FLAT ROOF BELOW : 1DORMER ROOFS ABOVE 1..._:::::,'::\`.:':.':::::: r::..1......:::.'.......'..'.':�......t:::::::.:'.I SEE DORMER DETAIL 2/A4.06 ---- THIS AREA I:.:.'.:':::{..... . . .....Z ......... ,'.'.-.'.::�'::'::'.'.I ^ ::.7-...--.-- 1LL ::.'1'.'.'...::::::::::.'.Y...'.�::::::. ^ ..............♦ ---_ �___.... ::�-.:..:..: .:t::::::':.'.I SMOKE/CO � I .... -.- - - ""' DETECT. " - r:::::::::r:::::: ,... , l -5 HEADROOM ._:. . tu tu I:::::�:::I -:�... ............r..........1 A U1 i..: ::::r:::::::: - --- i.::.':::::::.'.'.':..::r::::::::..1 THIS AREA 3 V -1 I.......... ..................... __. r:::::::.:'.I 3 �Q 7. .. . . ............ ......... �.--------- --------------------------------------------- ----------- ------------------------------ ' O I C::::::::,:'....... , -_-' � C:_: .: i NOTE- BOX IN DUCTWORK Unfinished 13 ' ----::.::1......... , ,.__.-----�. , AND MECHANICAL EQUIPMENT LINE OF ROOF ::::.:.:::I:.•.'.�:::. �--- ---1 '.:_�:t':�:-::::::1:•:.�:.:�:I �"' _ I I:;;;,;....1:.�. .... ......... :..•..::::::.Y•....�::':I WHERE REQUIRED .� orage pace 1 ABOVE I::::.....I:.::�:::., I ...:.♦......11 N ^ I I - - , EXTENT OF FLAT I::::.::-.:I "�.... __-- ___1 .::,�:::'::::::� EXTENT OF FLAT /T♦302 /T♦ Q 1::::.::. 1:: CEILING I.... ....I '::. ' �:1� CEILING . I � / I ♦ 2„ ^ .................... ..................... 1 I'.::�'::r.......-. ........................ .......{..........1 / ♦ / -------- L _4 - i ---------- ........ ........................ = 1 / 1::::::::.1'::::.::� :.'._.1:.:::1:::::::.1:.1.:'.�t:::.�:::.:{ ♦ / I ♦ / I .................... ..................... .................... ..................... I . �:..-::::.:.. REVISED: 22 September 2020 ......:::::: !::::::::''' Denote attic area with 5'-0" headroom I.:::�::::.................... t'.::::�.:: 1::::::.:�.::::� I I , I I I I Note areas with l'-5" headroom :_.......... .'. z......:::, i i i i i -IN Y:':.:-:.":: dl Correct attic area ercenta a caiculations p 9 :: :::::::: :1:1:1 :1:'::'::::_:.....::.'.'.'.':..':....::......r I I I I I -----— -------'--"-----"----- �Q ,..... ::.::: :::.::::::' .'.'.'::::::::: t':.'.':.'.'.:': BELOW I::::::.: !.: .:::::::.:.:::.'.'.':::::::::1::::::.: ..'............1.1.1....I:.: .: .'::I �- ------1------ -- ---J L--- ------1------------ ROOF I (A !. :':EXTENT OF FLAT::::::::: --....-I ............................. ....'.'.'.::_. , ----___-- j REVISED: 23 July 2019 r:::::::::. I----.....1.. .. ...................... .............. ...........r'::•::: � ------------------------------------------ ------------ L - -- -------� C::: ' LINE OF AREA WITH::. ' v ' Change chimne veneer to brick OR [sREATER:': ::•::'::'::':::::-:,:::::::::., HEADROOM'-I.:_::: .....1'.•..:::::::::::.:•.•.1.1.1.1::::::::.......... i x 42" AdCE55:::::::" �::...HATCHES WHERE , : SHOWN (4 LOCATIONS) I...... I ..... ' The ieber Group I:::::::.:'.1:. .'::::::::.':::•.::_:::::::: l'.:::::: :, I I 111 - -'f' ............•:.•.`.'.`.':::................. ......."_ .....:_.-.'r I 5 , tl 5 11 5 11 , II 5 II ::::: :::- I 47 Elm Street :1.'. ::: ::::::. 1 {::::::- ::::::::...... ..... I ::•::::•::::::.::::: 1.......'. .::............. :'._..._:::•.'., ' 11' 11 a 1_ " New Canaan COI 11"l e C t l C 11 t 06480 r':::::... ......-... ........,.........................._.�:.::::., I 2'-42 .''-42 2 -42 2 42 :. :'..................r..::: ::.-:::::::.1.1.1.1.':::::::: ::...........:::::...::: :.r:.::"1::.:::::::.1.1.1.:':::::::r ...... I ::::::::.::::::�. t::::::::.: I :::......*f.'.*._._._.._._._. r:::::::.: i O O :::::. :. :::::...... : i::::::::.: ..:..:::: r.:::_ ' . ::::::. ......... ............- I PROJECT: : .::: ::::::::::::•:::.'......'.'..1.1.1.:1.'............:: 1:::::::::.1 i 41_OIf 31_p 11 A,_p 11 2 10 A F............................. r r + i..........::':::::::::::1::1::.....:1::':: : : ::::::::::::::':: ...........::: : KREGER RESIDENCE : :::: ::I ,.:: r-:: ::::::... :...- ---..-I :'_:_::r.::::::::..:::.:.:::. l , I r..::: .......:'::::::::...:.. ......... :::1':::::::'::. ::::- --- ...L':::::.'.:'.'.:'.: ::::::::I I I. .:':.'.. . ....... 1085 Bay Shore Road -------------- �- Southold,, New York I> 3111 32,1 Za,lir�'rd� s z 4r— 4" 15 -102" 5'-34" 131_6,1 131_b„ DRAWING TITLE: 0 ATTIC and ROOF, PLAN N v 4 DATE: 21 June 2019 ATTIC and ROOF PLAN AI�4 SALE: As Noted SCALE: 1/4" = 1'-0" ATTIC AREA NOTES ATTIC AREA WITH 5'-0" OR GREATER HEADROOM 1,114 Square feet (TOP OF FLOOR JOISTS TO UNDERSIDE OF RAFTERS) • INCLUDES AREA ABOVE STAIR (32 Square feet) ATTIC AREA WITH Z'-6" OR GREATER HEADROOM 460 Square feet (TOP OF FLOOR JOISTS TO UNDERSIDE OF RAFTERS (39.1ga of total) OR STRUCTURAL ROOF TIES) •• DOES NOT INCLUDE AREA ABOVE STAIR Dwg No. A 1 04 ey,uka RECENED LIAR 0 2 2021 Zoning Board Of Appeals MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date March 2, 2021 Re: LWRP Coastal Consistency Review for ZBA File Ref MICHAEL KREGER#7470 SCTM# 1000-53-3-13.1. MICHAEL KREGER#7470-Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at 1)more than the code permitted maximum two and one-half (2-1/2) stories; located at: 985 Bay Shore Road, (Adj. to Pipe's Creek)Greenport,NY. SCTM No. 1000-53-3- 13.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposal is recommended as INCONSISTENT with Policy 1 Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development of and Policy 4.Minimize loss of life, structures, and natural resources from flooding and erosion of the LWRP. This recommendation is based on the following: 1. The proposed third story does not enhance community character. Character of the community is defined by mostly one- and two-story single-family residences. 2. Structure located within coastal areas susceptible to damage and loss from storm surge and high winds of major storms(including hurricanes) should be minimized. 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 •6r19 t� (y1 r,v-1 fyi COUNTY OF SUFFOLK - AIR loll OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning January 12, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for-local determination as there appears to be no significant county-wide or inter-community impacts. A decision- of local determination should not be construed as either an•approval or disapproval. Applicant Municipal File Number Suffolk County Energy Storage II,LLC #7463 Bertault,Vincent #7467 &7468SE Kreger;Michael #7470 Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein,Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG■100 VETERANS MEMORIAL HVVY,11th FI■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099■(631)853-5191 �Irws � vEo MAR 18 2027 Zoning Board of Appeals i RECEIVED MAR 18 2021 Zoning Board Of Appeals 't J { Ii yr, {n OM MAR 18 2021 Zoning il. • Appeals T d r e f f' RECEIVED MAR 18 2021 Zoning Board Of Appeals e F k pe� RECEIVED P MAR 18 2021 ZORing Board Of Appeals Kee 3�fm� k ,L" RECEIVED MAR 1 $S 2021 Zoning Board Of Appeals ��fJyJJ l� T l� d y f } I c -Ing Board C)f AppeaI5 I { t it • • ( J REcavED _ �7'-t-7� MAR 18 ?P?1 ming Board Ofq PA�als a s`. now RECEIVED MAR 18 2021 Zornng Board OfAppeais .o- . r • ..y w lb _ h J, Zoning Boardf. � appeals _ 1 1 t t• t 4 .4 !!!hhhks - int t+ i -Air— RECEIVED AR18 "T Board Of Appea N . s t i � tr r i R / 7 r . � 44 � • . m . v: mv .� r . WOW-- 60 . � . . , . \ \\ � � . 2� : , ■ � `} < 2 < : \ d ? , ,., , , e , . �� RECEIVED Zoning Board Of Appeals � t ` J t: t. c .', . lip vt - V Y x a §P . N b?F .rte C � r � t r s �� r}R U04 5�o' 3 Yx` �k. Rv �^ 4 wa� -....: ., � z r Awl. t i m_ �r " 4 4 Mo RECEIVED —7L4- -70 rs. Zoning Board Of Appeals Y - - n OfT�p` top" r Ak AM r. t ti v � * ' A o y- v r j :Zoning E:CE VE7S 8 Z0211 oard Of Appeals x ri" FORM NO. 3 ou TOWN OF SOUTHOLD lif BUILDING DEPARTMENTSOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 4,2019 RENEWED: February 25,2020 RENEWED: January 6,2021 TO: Burger Construction(Kreger) 985 Bay Shore Road Greenport,NY 11944 Please take notice that your amendment dated November 1,2019 For permit#44316z for additions and alterations to an existing single family dwelling at Location of property: 985 Bay Shore Road, Greenport,NY County Tax Map No. 1000- Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The proposed amendment is not permitted pursuant to Article III, Section 280-13,which limits a singleX dwelling to 2 '/2 stories. The proposed amendment constitutes a third story. Authorizd Signa Cc: File,ZBA �P 7 J'� RECEIVED , FORM N0. 3 1' �I® ' DEC-16TOWN OF SOUTHOLD 2020� BUILDING DEPARTMENT ' SOUTHOLD,N.Y. Zoning Board Of Appeals NOTICE OF DISAPPROVAL i DATE: November 4,2019 TO: Burger Construction(Kreger) RENEWED: February 25,2020 985 Bay Shore Road Greenport,NY 11944 i Please take notice that your amendment dated November 1. 2019 For permit#44316z for additions and alterations to an existing single family dwelling at Location of property: 985 Bay Shore Road Greenport NY County Tax Map No. 1000-Section 53 Block 3 Lot 13.1 Is returned herewith and disapproved on the following grounds: The Proposed amendment is not permitted pursuant to Article III_ Section 280-13"which limits a single fat-nily dwelling to 2 V stories The proposed amendment constitutes a third stow or Sig �t>I re Ce: File,ZBA i i c , Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAL AREA VARIANCE RECEIVED House No. obs' Street �i 01vrr/44 Hamlet DEC �� �� 200 SCTM 1000 Section s-3 Block 3 Lot(s)_ 7s./ Lot Size 71,62y sr—Z ne 0-yo nin Board Of Appeals I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INS DATED--7/zs-J 2 BASED ON SURVEY/SITE PLAN DATEDq�7//9 Owner(s): M:clac l A. X,,)ei Mailing Address: ds0 V jT " f1, 11/1, 000e Iye, Y„h , ✓Vy too/9 Telephone: ?/Z 3o 9-zro o Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: 5-1c"Ae, k,a 6i for(W'05wner( )Other: Address: P d. 6.,,, .577. l411.l v C& , N y I/f j 2 Telephone: 171 Z#Y-712,1 . Fax: — Email: Zet-n:e 59.7 /4 5 1-411 Cos, Please check to specify who you wish rrespondence to he mailed to,frotn the above names: ( )Applicant/Owner(s), (Authorized Representative, ( )Other Name/Address below: WHEREBY TfIE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: (✓ Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) 11 Article: Section: /3 Subsection: Type 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. ( )Interpretation of the Town Code,Article Section ( )Reverr sa Other A prior appeal( has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question r call our office for assistance) Name of Owner:- ZBA File# las L, (ti 70 yylt lyfd , SL2 L 20o S REASONS FOR APPEAL (Please be.specific, additional sheets maybe used with preparer's signature notarized) 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrime t t properties if granted,because: RECEIVED Pk4x Scc rte - W-70 DEC 16 2020 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the 76' IMPZ4it�'sQ Appeals other than an area variance,because: PW." fer /i -v 3.The amount of relief requested is not substantial because: ��rc 5tic r.dv-. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 04K s cc 5.Has the alleged difficulty been self-created? { } Yes,or {,�'No Why: I (.wK !tic Are there any Covenants or Restrictions concerning this land? {vKo { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signator of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swo ore me this I y. Of W G= otaryPublt - c' �N�'."o, No.DtB1A361886mK•.� � ti Opr i RECEIVED KREGER-AREA VARIANCE RIDER -74-7,o DEC 16 2020 Zoning Board Of Appeals 1. There will not be an undesirable change in the character of the neighborhood or a detriment to nearby properties as there will be no change to the exterior of the dwelling. , 2. The benefit cannot be achieved by some other feasible method for the applicant to pursue other than this area variance as the only area within the house to convert to necessary habitable space is the subject half story as the water table prevented the construction of a basement. 3. The amount of relief requested is not substantial. 4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because as referenced above there is no change in the exterior, nor an increase in bedroom count. 5. The difficulty has not been self-created. i APPLICANT'S PROJECT DESCRIPTION APPLICANT: 54-W" lc,ck DATE PREPARED: RECEVED 1.For Demolition of Existing Building Areas Please describe areas being removed: ,r, DEC 16-2020 "'Aning Board Of Appeals II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension:__ 't/14 Dimensions of new second floor: N 14 Dimensions of floor above second level: 1 i-7y f.1 ls'e. �..®l� t 7`^), YfZ JA (7't Height(from finished ground to top of ridge): z.y.z,— Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: uog.,,G,,,,,j- III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: 3 5 ,cz 7 s.F. Percentage of coverage of your lot by building area: 1,9 V.Purpose of New Construction: R""A1„ `1S'• 97. air V;,. 54-4 Gc l.ab.lab4. Sea r.� VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATH RECEIVED A. Is the subject remises listed on the real estate market for sale? —7tflo Yes VNo DEC 16 2020 B. Are there any proposals to change or alter land contours? Zoning Board Of Appeals _,4No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Yes 2.)Are those areas shown on the survey submitted with this application? y�r 3.)Is the property bulk headed between the wetlands area and the upland building area? N 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Ysr Please confirm status of your inquiry or application with the Trustees: Gro-kr 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? 0 o E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?__0 o 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? Yes 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? P- If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use s .y4 Fw...� Z..�ti�:-, wl .l.e-V"u �v' (ex: existing single family,proposed: same with garage,pool or other) Z44 �L Z//6 uthorized signature and lbatt � Y r� TOWN OF SOUTHOLD BUILDING DEPARTMENT REC€IVED TOWN CLERK'S OFFICE o o� SOUTHOLD, NY DEC R 6 2920 BUILDING PERMIT Zoning Board OfAppedis (THIS PERMIT MUST BE KEPT ON THE PREMISES f WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) i Permit#: 44316 Date: 10/21/2019 i Permission is hereby granted to: Kreger, Michael 175 W 60th St Apt 33C New York, NY 10023 To: demolish an-existing single family dwelling and construct a new single family dwelling with "pull down"stair access to non-habitable, unfinished attic space as applied for per ZBA, Trustee, DEC, and SCHD.approval& I At premises located at: 985 Bay Shore Rd, Greenport SCTM #473889 Sec/Block/Lot#53.-3-13.1 Pursuant to application dated 10/412.019 and approved by the Building Inspector. To expire on 4/21/2021. Fees: DEMOLITION $670:00 SINGLE FAMILY DWELLING-ADDITION OR ALTERATION -$1,526.80 al: $2,1'96.80 Building Inspector I\ FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT % :-70 Town Clerk's Office ®EC I Southold, N. Y. Zoning Bond Of Appeals Certificate Of Occupancy No. $.t 3 . . . . . Date . . . . . . . . . . . . Apt11 . .17. . . . ., 19.74. THIS CERTIFIES that the building located at M.B4ar1Phorq.Hoed. . . . . . . Street At•nd•d mup Map No. P00040. 47531',ho. . . . . . . . . . .Lot Noll .#-. i> dr•4nport II.Y. conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . 1973. . pursuant to which Building Permit No. .07267, dated . . . . . . . . . �. . 13. . . . . ., 19. . . ., was issued, and conforms to all of the require- ments ments of the applicable provisions of the law. The occupancy for,which this certificate is issued is . . Pri�rate on• ieasily dx•llina . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . The certificate is issued to . .James & Rose Kobl•ns•r Owners (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval P9!2. . .1?. . .1 97A . .by 4 t. Villa. . . . UNDERWRITERS CERTIFICATE No. *. 1.529§3. . . . .AP.r4. . . 1.q.?4- . . . . . . . . . . . . HOUSE NUMBER . . . . X 0.$5. . . . . Street . . . . .':. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(. ... . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . ! Building Inspector 'i FORM NO. 4 RECEIVED TOWN OF SOUTHOLD -7L(—7,o BUILDING DEPARTMENT DEC 16 2020 Office of the Building Inspector Town Hall Zb171t1 B Southold, N.Y. 9 Gard Of Appeals CERTIFICATE OF OCCUPANCY No: Z-29754 ^- Date: 10/02/03 THIS CERTIFIES that the building ACCESSORY Location of Property: 985 BAY SHORE RD GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 53 Block 3 Lot 13.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 22, 2002 pursuant to which Building Permit No. 29224-Z dated MARCH 19, 2003 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 GARAGE WITH UNFINSHED 2ND FLOOR AS APPLIED FOR & AS PER ZBA #5222. The certificate is issued to ROBERT E & BARBARA HOLLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 77093C 07/22/03 PLUMBERS CERTIFICATION DATED N/A Authorized Signatur ` Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. 7477D DEC 16 2020 CERTIFICATE OF OCCUPANCY Zoning Beard Of Appeals ---- ---- - —-- - ------------------------------------ -------- No Z-22971 Date APRIL 28, 1994 THIS CERTIFIES that the building ADDITION Location of Property 1085 BAY SHORE ROAD GREENPORT, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this-office dated SEPTEMBER 3, 1981 pursuant to, which Building Permit No. 11371—Z dated SEPTEMBER 14, 1981 - 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT & BARBARA HOLLEY ' (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-040081 — MARCH 29, 1994 PLUMBERS CERTIFICATION DATED - N/A uil ing Inspector Rev. 1/81 FORM No. 4 TOWN OF SOUTHOLD RECEIVED ' BUILDING DEPARTMENT Office of the Building Inspector DEC � ( ��2� Town Hall Southold, N.Y. Zoning Board Of Appeals CERTIFICATE OF OCCUPANCY No Z-22972 Date APRIL 28, 1994 THIS CERTIFIES that the building ALTERATION Location of Property 1085 BAY SHORE ROAD GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section , 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 26, 1994 pursuant to which Building Permit No. 21896-Z dated JANUARY 31, 1994 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 ALTERATION & RENOVATION TO EXISTING ONE FAMILY DWELLING TO AS APPLIED FOR TO INCLUDE A BATHROOM The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-307685 - MARCH 17, 1994 PLUMBERS CERTIFICATION DATED MAR. 16, 1994-MATTITUCK PLUMBING & HEATING ui ding Inspector Rev. 1/81 FORM NO. 9 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVED Office of the Building Inspector 7Y76 Town Hall DEC 1 Southold, N.Y. �o�� —70ni119Board ' CERTIFICATE OF OCCUPANCY �fAppeals No Z-23649 Date MAY 16, 1995 THIS CERTIFIES that the building ADDITION Location of Property 1085 BAYSHORE ROAD GREENPORT, NEW YORK House No. Street Hamlet r County Tax Map No. 1000 Section 53 Block 3 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 27, 1995 pursuant to which Building Permit No. 22627-Z dated MARCH 15, 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION CERT.- #7867 - APRIL 24, 1995 PLUMBERS CERTIFICATION DATED APRIL 27, 1995 - MATTITUCK PLUMBING & HEAT. Building Ins ector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIVE® Office of the Building Inspector -71�lo Town Hall DEC 16 mo Southold, N.Y. Zoning Board Of q CERTIFICATE OF OCCUPANCY Ppeals No Z-24855 Date JANUARY 16, 1997 THIS CERTIFIES that the building ADDITION Location of Property 1085 BAYSHORE RD. GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 53 Block 03 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 2, 1996 pursuant to which Building Permit No. 23720—Z dated OCTOBER 3, 1996 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 ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ROBERT & BARBARA HOLLEY (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL INSPECTION CERT. #14397 — DECEMBER 27, 1996 PLUMBERS CERTIFICATION DATED DEC. 27, 1996 — MATTITUCK PLUMBING & HEAT. J� % Building Inspecto Rev. 1/81 V TOWN OF SOUTHOLD, NEW YORK DATE ...July....9, 1970 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1352 Dated June 11, 1970 ACTION OF THE ZONING BOARD OF APPEAIS OF THE TOWN OF SOUTHOLD To Abe Goldrich Appellant East Broadway Woodmere, New York at a meeting of the Zoning Board of Appeals on July 99 1970 the appeal was considered and the action indicated below was taken on your RECEIVED ( ) Request for variance due to lack of access to property / ( ) Request for a special exception under the Zoning Ordinance DEC�4 ( v (n.) Request for a variance to the Zoning Ordinance C 18 2020 Zoning Beard O!Appeals peals 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7;30 F-M- (E.S.T.), upon application of Abe Goldrich, East Broadway, tloodmere; New York; for a variance in accordance with the Zoning Ordinance, Article III, Section 303, and Article X, Section 100OA, for permission to, build new one family dwelling with less than 100 ft. frontage. Location of property; east side of Bay Shore Road, Subdivision Map of Feconic Bay Estates, Amended Map A, Lot W"ts 14 & 15, Greenport, 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 of the Building Inspector( ) be confirmed ( ) be reversed. Apnov .D SEE RE SE f L � ZONING BOARD OF APPEALS FORS za4 Cha man o PPS e-� �r�✓'" a Mar�ricDermott Se J , Secretary Southold Town Board of Appeals I After investigation and inspection the Board finds that the applicant requests permission to build new one family dwelling with less than 100 ft. frontage. One family dwelling will be built on area larger than required minimum and similar to other dwellings in the area. The applicant has excess of required area but is short on frontage due to abandonment and refiling of subdivision map. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE, IT WAS RESOLVED Abe Goldrich, East Broadway, Woodmere, New York, be GRANTED approval to build new one family dwelling with less than 100 ft. frontage. Location of property: east side of Bay Shore Road, Greenport, New York. Vote of the Board: Ayes:- Messrs. Gillispie, Bergen, Hulse, Grigonis. P5 ED DEC 2020 Zoning Board Of Appeals �P-- � -71070 t RECEIVE® `-IL�-70 DEC 1,0 2020 Zoning Board Of Appeals APPEALS BOARD MEMBERS �O� COG Southold Town Hall Gerard P.Goehringer,Chairman 53095 Main Road Serge Doyen ti ze RECEIVEDP.O. Box 1179 James Dinizio,Jr. -74-to O Sou old,New York 11971 Robert A.Villa 'ffj►Ol �a0� ��� F x(516)765-1823 Lydia A.Tbrtora DEC 18 2020 Tele I one(516) 765-1809 BOARD OF APPE f Appeals TOWN OF SOUTHOLD /111111,. #4412 ACTION OF THE BOARD OF APPEALS APPLICANTS:ROBERT & BARBARA HOLLEY DATE OF ACTION: Sept. 192 1996 1,0CATION OF PROPERTY: 1085 Bay Shore Road, Greenport. COt1NTY TAX MAI' DISTRICT 1000, SECTION 53, BLOCK 3, LOT 13. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated 7/24/96. Insufficient front yard as per Article IIIA, Section 100-30A.3 (:also ref. Nonconforming setbacks provision of code at 100-244). This lot contains two front yards, and is considered a corner substandard lot in this R-10 Residential Zone. PROVISIONS APPEALED FROM: Article XXIV, Sections 100-244. RELIEF REQUESTED: Twenty-seven (27) ft. setback at its closest point and 29 ft. setback at the opposite corner of a proposed 81 x 22' addition and 8' x 12' deck extension, all as shown on Map amended Jan. 17, 1996 prepared by Roderick VanTuyl, P.C. (Note: No other grounds for disapproval by the Building Inspector were noted and therefore no other areas of construction or provisions of law are considered by this application as written and submitted.) REASONS/FINDINGS: Official Town records show that a front yard interpreta- tion of yards fronting private rights-of-way have continued with this interpretation for more than 25 years, which designates some lots to be corner- lots, ornerlots, and others with one front yard (when they are fronting along a private right-of-way with or without frontage along another road). The Board of Appeals has recognized the need for relief when a private right--of-way is shown on a map, having considered many different scenarios - depending on the neighborhood and configuration of the lots. This parcel is improved with a one-story frame house and is presently set back 35 feet from the most easterly right-of-way frontage. (The subject right-of-way is not open or improved.) Due to the shape of this lot and frontages along Pipes Creek, Bay Shore Road and a private right-of-way, the building area is limited on this 11,200+- sq. ft. parcel. Motion was offered by Member Dinizio as follows. MOTION MADE BY: James Dinizio Jr. SECONDED BY: Gerard P. Goehringer ACTION/RESOLUTION ADOPTED: Approved front yard setback from the private right-of-way, as applied and described above (also shown on the survey amended Jan. 17, 1996 prepared by Roderick VanTuyl, P.C.). VOTE OF ' IIE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr, Robert A. Villi, Lydia A. Tortora, Gerard P. ellring Tlai ► r solation was unanimously adopted (5-0). i.. GERARD P. GOEHRINGER, CHAIRMAN RECEIVED -7'-�-A) DEC 16 2020 Zoning BoardOf Appeals i RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE���G/�� HOURmdg / • a • �../ Town Clerk, Town of Southold t RECEIVED -74-70 DEC 16 2020 Zoning Beard Of Appeals a JA 3 APPEALS BOARD MEMBERS �OSOFFO�,�c Southold Town Hall ydia A.Tortora, Chairwoman ® 53095 Main Road Gerard P. Goehringer y Z P.O.Box 1179 George Horning O .F Southold,New York 11971-0959 Ruth D. OlivaO� ZBA Fax(631)765-9064 Vincent Orlando Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION -7q-ho MEETING OF JANUARY 23, 2003 DEC 20zo Appeal No. 5222 - Robert& Barbara Holley. Property Location: 1085 Bay Shore Rd., Greenport 53-3-13.1 Zoning Board Of Appeals SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' parcel consists of approximately 23,392 sq, ft., comprising of Nos. 12, 13, 14, 15 shown on the Amended Map °A" of Peconic Bay Estates in Greenport. The property has 180 ft. frontage along the north side of Bay Shore Road, a depth of 157.12 ft. along the west side and 151 ft. along the east lot line, and frontage along Pipes Creek. The property is improved with a one-story frame house as shown on a survey dated February 4, 1997, updated October 23, 2002 prepared by Joseph A. Ingegno, L.S. BASIS OF APPLICATION: Building Department's August 28, 2002 Notice of Disapproval denying a permit under Section 100-33C for the location of an accessory garage with a front yard setback at less than 40 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 16, 2004, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to locate an accessory garage, 36' wide by 24' deep, in a front yard location at 35 feet from the front lot line instead of the code required 40 ft. setback. The property has two yards facing a road and road easements, and two remaining yards with restricted wetland areas, delineated by the NYS DEC Bureau of Marine Habitat. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings' 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property is nonconforming with +- 23,392 sq. ft. according to a survey prepared by Joseph A. Ingegno, L.S. dated Page 2—January 23,2uua Appl.No.5222—Robert and Barbara Holley 53-3-13.1 at Greenport RECEIVED DEC A 6 2020 Zoning Board Of Appeals October 23, 2002. Other properties in the neighborhood are also developed on small nonconforming lots. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue other than a variance. The property is a waterfront parcel containing wetland and restricted areas. The applicants have no other alternative and desire to build a garage as an accessory use in this yard location southwest of the house, at 35 ft. instead of 40 feet from the front line. Without variance relief, the proposed garage in a reasonable location, and their rear yard is very close in proximity to the wetlands and restricted buffer area. The proposed garage is 24 feet by 36 feet with the entrance to the east. The front yard setback pursuant to Article MV, Section 100-244 is 40 feet, the proposed structure is shown at 35 feet from the front yard line. The proposed garage will be heavily screened from the north and west by dense woods and a non-disturbance buffer, and from the south by heavy vegetation along Bay Shore . Road. 3. The variance is not substantial in relation to the code requirement, representing a reduction of 12.5%of the code requirement. 4. The alleged difficulty has been self-created because the applicants were aware of the limitations of the nonconforming size of the lot when it was purchased. 5. No evidence has been submitted to suggest that the relief granted will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD. In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Orlando, and duly carried to Grant the setback variance as applied for, with the Condition that the only utility be electricity. 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, Page 3—January 23,2003 • Appl.No.5222—Robert and Barbara Holley 53-3-13.1 at Greenport RECEIVED —74-lo o DEC 16 2020 Zoning Board Of Appeals setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, Oliva, and Orlando. (Member Homing of Fishers Island was absent.) This Resolution was duly adopted (4-0). �K103 Tortora, Chairwoman—Approved for Filing 3! BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��Sf S® 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®l�.c®USouthold,NY 11971 _ S http://southoldtownny.gov RE l�� ZONING BOARD OF APPEALS TOWN OF SOUTHOLD DEC -- 9 2020 puwn Tel,(631)765-1809 -Fax(631)765-9064 1:.6. 83OU old � I FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 3, 2020 DEC 020 20 ZBA FILE: #7420 70ning Boars(Of NAME OF APPLICANT: Michael Kreger Appeals PROPERTY LOCATION: 985 Bay Shore Road (Adj.Pipes Creek), Greenport,NY SCTM: 1000-53-3-13. 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. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, non-conforming, 39,624 square feet, .91 acre irregular shaped waterfront lot, located in the R40 Zoning District measures 180 feet along Bay Shore Road then runs north 171.20 feet along a right of way owned by the Town of Southold to Pipes Cove then runs west along a tie line along the mean high water mark 28.11 feet west, then continues 66.92 feet, then 72,86 feet, 83.46 feet and 51.74 feet before running south 145.71 feet, along a residentially developed lot to the west, back to the roadway. The parcel is improved with a proposed 2-story frame house, pool and spa, and pervious driveway all under construction and an existing accessory garage building as shown on the survey prepared by Peconic Surveyors, P.C. and last revised September 3,2019. BASIS OF APPLICATION: Request for an Interpretation based on the Building Inspector's February 25,2020 Notice of Disapproval for additions and alterations to a single-family dwelling under`construction,which constitutes a third story which is not permitted pursuant to Article III, Section 280-13 which limits a single-family dwelling to 2 '/2 stories located at: 985 Bay Shore road, (Adj.Pipes Creek)Greenport,NY. SCTM No. 1000-53-3- 13.1 RELIEF REQUESTED: The applicant requests an interpretation of the Town Building Department's reading of the Town Zoning Code Article III, Section 280-13 which limits a single-family dwelling in the R40 Zoning District to 2-1/2 stories. The applicant's proposed amended building plans, as submitted to the Town Building Department for a building permit, were reviewed and disapproved since the amended plans constitute a third story. The applicant maintains it is their right to have a`finished' half-story in what is commonly described as an attic over an existing and under construction, 2 '/2 story single-family residence, per the Zoning Code. According to the applicant there is no definition describing what a 2 '/2 story residence is in the Code under, 280 Zoning, Article I, 280-4, entitled Definitions. ADDITIONAL/BACKGROUND INFORMATION: No immediate neighbor or member of the public spoke in favor of or against this application. As part of the application, the applicant's agent included a Memorandum of RECEIVED er 3,2020 ���� #7420,Kreger SCTM No. 1000-53-3-13.1 220 Law statement entitled: "Kreger-Interpretation Rider" stating their request and outlining thei :DECr 'nn f vor of the allowance of living space consisting of a designated staircase and a sitting room A&P,peals conditioned storage in a %2 story above a second floor within a 2.5 story single-family residence. The applicant requests the Zoning Board of Appeals to interpret the reading by the Building Department of the Town Code, specifically of Article III Section 280-18 &280-4. According to Town Code Article XXVI Section 280-146,the ZBA is granted the power under D. (1)to "Determine the meaning of any provision in this chapter or of any condition or requirement specified or made under the provisions of this chapter." The Zoning Board of Appeals; therefore, does not have the power to interpret a reading by the Building Department of the Town Code. Furthermore, the applicant here is not directly asking for the Board's interpretation of the Code in the written application and rider. The Applicant purports that this request is for an interpretation as the result of a Notice of Disapproval, dated February 25, 2020 and the policy of the Building Department to refer any application which includes a dedicated staircase (versus a "pull-down staircase") to a conditioned (versus unfinished and unconditioned) 1/2 story, above the 2nd Floor,automatically to the Zoning Board of Appeals(Policy to Refer). Under Town Code Article XXVI Section 280-146 (1), the ZBA is granted the power "to hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector." Here, the applicant is not asking the Zoning Board of Appeals to hear and decide any such appeal. However, the applicant's request for an interpretation in its Interpretation Rider(Rider)mentions a decision by the Building Department,and the Building Department's Policy to Refer mentioned herein above. Based upon a review on the application and the accompanying documents provided by the applicant,the Board has determined that the applicant is seeking a determination overturning the aforementioned Notice of Disapproval on the basis that the Building Department's determination was inconsistent with the code. So, although not actually a request for an interpretation, the Board's review of the Building Department's determination will require this Board's de facto interpretation of the Code as the Board determines whether the Building Department's determination was consistent with same. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 3,2020 at which time written and oral evidence were presented. The Board after closing the hearing,voted to re-open the hearing in order to provide the Building Department with an opportunity to submit a memorandum or other documentation that could further explain the grounds for the determination,however no further documentation was provide and the hearing was once again closed on November 19,2020. 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: A single-family dwelling is a permitted structure in the R40 Zoning District. Southold Town Zoning Code Article III, Section 280-13 limits a single-family dwelling in the R40 Zoning District to 2-1/2 stories. The Building Department has consistently determined,as it did in this case,that once an area is finished and contains habitable space,it is to be considered a"Story"and would not qualify as a"Half Story"even if it met the dimensional definition of a"Half Story"found in Section 280-4 of the Town Code. In this case,the proposed alterations contained finished areas to be used as habitable space and therefore the area constitutes an impermissible third story. Section 208-4 of the Southold Town Code defines a"half story"as: I Page 3,December 3,2020 #7420,Kreger SCTM No. 1000-53-3-13.1 Any space,with a minimum clear height of five feet,partially within the roof framing where the clear height of not more than 50%of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. This definition gives the dimensional requirements of a"Half Story"but is silent as to use of a"Half Story"The applicant contends that,based on this definition and the fact that it is silent as to use,that a"half story"can be finished and may be used as habitable space. However,section 208-4 of the Southold Town Code defines a"story"as: E ED That part of any building, exclusive of cellars but inclusive of basem7(7 comprised between the level of one finished floor and the level of the2020 higher finished floor or, if there is no higher finished floor, then thatof the building comprised between the level of the highest finishedf Appeals and the top of the roof beams. Based on these definitions, if a floor has a finished area to be used as habitable space, it meets the definition of a "Story" even if it also meets the dimensional definition of a"Half Story." In other words,in order to be considered a"Half Story," an area cannot be finished and cannot be used as habitable space. In the plans submitted by the applicant,the area the applicant refers to as the"Half Story" is proposed to be finished and used as habitable space. Therefore the"Half Story"area is comprised of areas between the level of the highest finished floor and the top of the roof beams. As a result, even though the area may meet the dimensional definition of a"Half Story";because it is finished and is to be used as habitable space,the Building Department determined the area to be a"Story"as defined by section 280-4,and therefore is a third story which is not permitted pursuant to the Bulk Schedule for Residential Districts. DETERMINATION: Based on the FINDINGS OF FACT cited above and the definitions provided in section 280-4 of the Town Code for"Half Story"and"Story"the Zoning Board of Appeals hereby makes the following interpretation of the Code: The Notice of Disapproval denying the issuance of a building permit on the ground that proposed construction constituted an impermissible third story is consistent with the Town Code and therefore the Building Department's determination should be sustained. RESOLUTION OF THE BOARD: In considering all of the above factors motion was offered by Member Weisman(Chairperson), seconded by Member Planamento,and duly carried,to DENY the application. SUSTAIN THE BUILDING DEPARTMENT'S DETERMINATION. Vote of the Board: Ayes:Members Weisman(Chairperson),Acampora,Dantes,Lehnert,and Planamento(5-0). ;esl4ieK�alnAesWeisnian,Chairperson Approved for filing / / / 6 r ' AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form mustbe 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 GC'nerel-Mttniei Law. RECD VED �1f7D 1. Name of Applicant: - S�r n k, lc:e 2. Address of Applicant: Q.6.1:i6K r6-? "A IV- 3. k3. Name of Land Owner(if other than Applicant): (v t., ,4e l k�kcr Zoning , ppeals 4. Address of Land Owner: zs-,, w. s"^sem, zr"(7—,, WIt 46rk, NJ L o 5. Description of Proposed Project: 6. Location of Property: (road and Tax map number) l0 8S- 5 h.2 4,S 4 s 3-s-r s. 7. Is the parcel within 500 feet of a farm operati n? { } Yes { o 8. Is this parcel actively farmed? { } Yes { o 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Pleas use the back of this page if there are additional property owners) 'gnatur 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 Environmental Assessment Form Instructions for Completim Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. if additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1: You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information RECEIVED Name of Action or Project: ----DEC 16 Are kl!!� V? ryl Project Location(describe,and attach a location map): OI11flg oard Of Appeal /a Xs �3 J4.1 49J. Brief Description of Proposed Action: /oou — S 3— 3 Name of Applicant or Sponsor: Telephone: c(q t( rG�eyf/ E-Mail: Address: City/PO: State: Zip Code: /V& NI It f r2 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? — acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 7 L d acres 4. Check all land uses that occur on,adjoining and near the proposed action. � / Li Urban Li Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify); ❑Parkland Page 1 of 4 RECEIVED 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? DEC 16 2020 b.Consistent with the adopted comprehensive plan? Of apppplq 6. Is the proposed action consistent with the predominant chara NO YES landscape? ✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? / c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 0 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed'action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NV- YE wetlands or other waterbodies regulated by a federal,state or local agency? b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? f If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id tify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ONO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and/orm drains)? If Yes,briefly describe: ❑NO©YES Page 2 of 4 18.Does the proposed action include construction or other activities that res u t in the irtimm t of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? �� If Yes,explain purpose and size: DEC 16 2020 "A 19.Has the site of the proposed action or an adjoining property been the loc i3fir6ft la c®Of4mobalS NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? O If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE ' Applicant/sponsor e: .Sls P 1,4^ l e. Date: 2,111-1 4.0 Signature; _ 16�$J K— Part 2 Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" _ No,or Moderate '. small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result m 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 RECEIVE- No,or Moderate -{� �.������o �` small to large impact impact _ may may �4tlin �O��d OfA�1�3215 occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED -747a DEC � � 2020 Board of Zoning Appeals Application Zoning Board Of Appeals AUTHORIZATION (Where the Applicant is not the Owner) residing at /C$T- (Print property owner's name) (Mailing ddress) lq fit do hereby authorize 5-4,eP4e,7 k{c l (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. ( er's Signature) (Print Owner's Name) RECEIVED 10 DEC 16 2020 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM Zoning Board Of Appeals The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. A YOUR NAME: AA�°r- o WA- (Last name,first me,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 OF APPLICATION: (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 you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of k 20 7-�O Signature Print Name1<<L / '�� ' RECEIVED -7£3 DEC 16 2020 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Zoning Burd Of,gppeals The Town of Southold's Cade of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 54,x, /C.e1 (Last name,first name, fiddle 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 OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) 4,e,; ya,,.,,,ti _ 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. f YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP �G Submitted this day o20_2,-) Signature /- Print Name Town of Southold RECEIVE® LWRP CONSISTENCY ASSESSMENT FORM [Zoning EC fl�® 2020 A. INSTRUCTIONS Board Of Appeals 1. All applicants for permits* including Town of Southold agencies, shall complete isRCAF fo proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 5,3 - -f - 13, / The Application has been submitted to(check appropriate response): Town Board [3 Planning Dept. 0 Building Dept. 0 Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital El construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit(Tp—pr—o—va-D license,certification: Nature and extent of action: 1 Location of action: /0�� �, •c i��l C,u, .✓� S-3—3- /3./ RECEIVED n Site acreage: - 7/ DEC R 6 2020 Present land use: �J� �J Zoning Bcard Of Appeals Present zoning classification: /I-ytl 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: Agc/.d `¢tip (b) Mailing address: 2J-0 G/�"9 fJ '//. f*k,, ,K , y 7 WV iV,i,�A-IPA-11 16J-2 (c) Telephone number: Area Code(bib (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Er If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No [ZNot Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 13 Yes 11 No © Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes Q No ZNot Applicable UEC A Zoning Board Of eals 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 Pa s 8 through 16 for evaluation criteria © Yes No Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 throu 21 for evaluation criteria 0 YesEl No Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for eva7Not n criteria. Yes [] No Applicable RECEIVED DEC 19 202n Attach additional sheets if necessary L, RP-Sectj ning Board Of pe Policy 7. Protect and improve air quality in the Town of Southold. Seeea 1 icies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No[�5 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and w;Not s. ee LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes 1:1 No Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section M—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yeso No Not Applicable Attach additional sheets if necessary WORDING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. S e LWRP Section-III—Policies; Pages 47 through 56 for evaluation criteria. 0 Yes ❑ No Not Applicable RECEIVED L Zefiing BOM d OF pea s Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Ovate s. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ElYes ❑ No Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 2Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies- Pages 65 through 68 for evaluation criteria. ❑Yes ❑ No L'Jr Not Applicable Created on 512510511:20 AM - Y t ✓: F: 1 ., .b, .,.SWR'. �- it '. •-� C� -y S I l V- DEC 16 2020 S S s. w !lot rr �.f i �• S.'1e"e a r�h'a ��• w f 1 t 1 ;,�A� • "'}11i �,;..: t t.A �� � Y'•'.' �.,.. a r.Ra ! .ate � .. a r � I i x r � I �+ I - ,Yp� u�•sh-H; .r t r � 4.� �4' : C• • i' ��Y Y:rsl j t P 'J ✓ l �• s µ� ....r t7VFI X470 DEC 16 2020 IN v"lpwwpvjR�' A r v2 • S.rY ar`�i ♦�1 � ♦ ti �� Q• +fir�+ � � »' �.•} 'ih�2#k��•� 1 ^� v� ,t.� �:��sc_� ,��..-� .��,. ,ii&T ,y'w �y�'�n{ •�{, s `+ r?�`+i t\ �� '�. }�� `�ti���r.S,.��� j.i. r.'„�-. lry�� S'try.�" .+,. �M,��5 �dlPi ,u i , } ? -•f� .�`m S.'�"•7rc;.r��. t E f Nr t T A �ill�Ilk' Ilk it ♦q'6 } R � t =. 1 4 .R tii p � _ € I , IMP 4: Ills L r ' .4„ 'REC€IVED r 74TON DEC 16 2020 I BOARD OF SOUTHOLD TOWN TRUSTEES rr SOUTHOLD,NEW YORK PERMIT NO.9433 DATE. APRIL 17,2019 ` ISSUED TO: MICHAEL I(REGER RECtIVED PROPERTY ADDRESS: 1085 BAY SHORE ROAD,GREENP , T 7�-7D SCTM#1000-53-3-13.1 DEC 16 2020 7 AUTHORIZATION Zoning Board OF,,4PPeals Pursuant to the provisions of Chapter 275 of the Town Code of the, Town of Sout o d d in accordance with the Resolution of the Board of Trustees adopted at the meeting held on April 17,2019 and in consideration of application fee in the sum of$250.00 paid by Michael Kreger and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to demolish existing one-story dwelling,brick stoop,wood deck,shed with wood steps attached to west side of dwelling,shed with wood ramp,brick walkway,Alt unit on slab,and remove existing septic tank and leaching pools located+1-88'from wetlands;construct new 1,895sq.ft.two-story dwelling to be located 551 from wetlands with two(2)roofed porches,one 57sq.ft.roofed porch on the front southwest side of dwelling and one 21sq.ft.roofed porch on the northwest-side of dwelling with approximately 30sq.ft.of stairs leading down from the roofed porches to the ground,new 13sq.ft,outdoor shower;new 740sq.ft.infinity pool with spn;new 670sq,ft,pool terrace;new 45sq.ft,pool equipment area on concrete slab located in the no turf zone;new 32sq.ft.generator of concrete slab;new HVAC equipment on 43sq.ft.concrete slab; new 41 high pool enclosure fencing to be located 13.5' from landward edge of wetlands;install a new septic tank and leaching pools to be located 100 feet from wetlands, thereby replacing the existing'septic system located+/-88'from wetlands with a septic system that is outside Trustee jurisdiction;reconfigure the existing driveway increasing its area from 2,350sq.ft.to 2,765sq.ft.;existing garage with wood stoop and steps to remain;install a system of gutters to leaders to drywells to the dwelling and garage in order to contain stormwater runoff;revegetate 102sq.ft.of existing non-disturbance buffer area with native vegetation; expand the existing 5,385sq.ft.Non-Disturbance Buffer by adding another 3,475sq.ft.,area to the buffer,including 2,575sq.ft.of existing native vegetation and 900sq.ft.of proposed native vegetation which will be planted to the northwest of the proposed dwelling in order to establish and perpetually maintain a 3,475sq.ft.Non-Disturbance Buffer area;establish and perpetually maintain a 1,200 sq.foot non-turf buffer;and as depicted on the site plan prepared by Inter-Science Research Associated,dated March 20,2019 and stamped approved on April 17,2019. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of the 170'day of April,2019. ce 4VA td',' -1-0V 0 ®9 ®YTO G®L® PROPERTY■ ■ RECORD CARD ,moi`_iin,:^.�• = _ STREET �.5 VILLAGE DIST. SUB. LOT. ( pp / "Bay V#o niL FORMER OWNER �,/ N E ACR. TAM, S rn/ Z L rl W � _ S W TYPE OF BUILDING B RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value ' 'SND IMP. TOTAL DATE REMARKS7, �= j �! ,'e T Ah,a W Zug, /o { fl a (p v vo 0 0 3 a 8 7 !a/� �o S LE 'G`jSao j. Ifo rNz = i-wr io iloL�EY WF L 57.399 4 o v 2-0 c) ' ;a oo /zlao/P( I P, I l z ov,)To 40m 7=- E ,e-# I Sd 00c) i 20 D a ' 2 0/8 1� J , - ..g 1 $ !� o a�`a , .A ta.► I I'� h - t I.> otS BPS (o s S; 1e 5�or�1 fid�l,'��`� r � awe !l iv► �, 70-070 D - heL gj50o r7rt00 \O 200 A �/ 03 zn03 i,U ( .� �'d tvYKeY� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE -2,,17.(3 A eZ3 /a Z _ o et a TO 7 7 f FARM Acre Value Per Value �O �� 0 0 0 Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 1 7'.%�* Meadowland DEPTH --�`-�-�- �✓ House Plot ? C BULKHEAD '� n r� DOCK SC:TM # 14; � o00 - �t — TOWN OF SOUTHOLeD PROPERTY RECORD CARD —� OWNER STREET VILLAGE DIST SUB LOT + a � rt Cx ACR. REMARKS 1 10 CJ — TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE -- C60 0 a r O Lo v� — W m � n rr O ® a � lS Al CD N FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL svoo - `�` 'd-P-5 TN - �. P� TY RECORD1&M BAR® OWNER STREET : S VILLAGE DIST. SUB. LOT -- FORMER OWNER; N E ACR. S W TYPE OF .BUILDING RES. I SEAS. VL. � FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r4t°r za a�A? 7 Jo/ z 000 1 ��9�s - ,► % ® QLu %d T-- o -7 -- 116 1 7 - C, ► i z� olv lz- �o I ' Sc o 0 N - AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per VGlue Acre _ w �o Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD 106 $'0® — Q'oo Meadowland I DEPTH House Plot I — BULKHEAD DOCK Tota I I MM ■■_ NIUMMMI MEMO Ell■■■■■■■■■■■■■■■■■■ ■■■ ■ ri0M011l■■■■■■■■■■■■■■■■■ NOON■■■ IS ME■■■■■■■■■ r EES ■■■■■■■■■ -- ls1■■■■■■■■■■■■■■■■■■■■■■■■■ f f ;tf�t iA i= '1i ~ ■■�e>I:�■■■_.. ■■■■■■■■■■■■■MENEMIN■ C IMM ■■■ Emil ■■■■■■■,11 111■■■■■■■■■ ■■■■ ■E■■IN MEN MEMIN ■■■■■�■■1Nt�!!!■■■■■■■ ■ ■■���.��.�■■�■■■ !■■■■■■■ NOON■■ . .. . Obi■■■■■■■■■■�■■■■■■ • ONE IN . : ■■■■OLEi■fig■■■■■■■■NOMMEN■ we Basement • Fire Place Type Roof Rooms 1st Floor Recreation Roo Rooms 2nd Floor • 1 ��� *`At"-7��•i�•�i'�'e�"4'. ��"� f� y� _�,qi•1 I.•4 r � � S .. � � l a-4 !■■■■■■■■■■■■■!■!■■■■■■■■■! pry�$ � .� , {{� ��,:° ,�,.; "''�... �, �,jrs�t�rrniiL ;} ■■■■■■■■■■■■■■!■■■■■■■■■■!! loom .4 - ■■�I■■�■■l�■!■ '-!■■■■■■!■■■■■ _ 1 Ext. Walls Interior Finiii h • Place Fire • • 1i • ••• •Rooms 1st Floo -0 kormer 1 Rooms 2nd Floo •' �� (� EXIS77NG LOT COVERAGE SURVEY OF PROPERTY REWIRED LOT COVERAGE 7,9248 SOFT(207 OF 39,624) 70VN OF SOUTHOLD AT ARSHAMOMOQ UE AREA TO RE UNE a 39,624 SO FT HOUSE.DECK,& TOWN OF SOUTHOLD BRICK STOOP =2336 SOFT GARAGE B82 SOFT .VMSa 966 SOFT 50_Fr JJSUFFOLK COUNTY, N Y. .13f4/J9,624 e S4s 01000-53-03-131 PROPOSED LOT COVERAGE REQUIRED LOT COVERAGE,7,9248 SOFT(20R OF J9,624) SCALE. l'--30 � �� MARCH 20, 2018 AREA TO R£UNE=J9 624 SOFT JUNE 6, 2018 HOUSE&PORCH =1,952 SOFT JULY 9, 2018 POOL TROUGH&mA m 740 BUZSO FT - OCTOBER 11,'2018 (SETBACKS) POOL TERRACE '4,174 SOFT OCTOBER 24, 2018 (LOT COVERAGE) tn4ps6z<=IaSs MARCH 24, 2019 (TOWN FLAGGING) DEC EXISPNG COVERAGE PpEs CREEK SEPTEMBER 3, 2019 (SITE REVISIONS) REQUIRED UPLAND COVERAGE•5.652 SOFT(207 CF°28,260) Q,`E UPLAND AREA=28,260 SOFT. S677447 E' ' HOUSE DECK STOOP W/SIEPS =-2,408 SOFT GARAGE&STOOP W/SmCS 900 SOFT �1, ,r_____ 7116_____T' 378'4740 - GARAGE PAD ,, If SOFT V" AJ19124260=It M I 7F I _• uxNy 28 FJ' DEC PROPOSED COVERAGE 1A / ' " I LOT 15 r ]> (pW BE CIEWED NLNY"pu 0 TOO. m ..INC BUT g055 �. w°E vuw E°To ERs N DGE TRInY0Eai "I -A. -� -ti GEns AND/OR.n -INCN D Eo P ,. ,AIwNEfli N ' REWIRED UPLAND COVERAGE 5,652 SOFT(20X OF 2&260) UNI OF GLe`'>°wNo PROPOSED ING&GROUND UPLAND AREA m 28.260 SOFT. �]] a O HOUSE:PORCH -7952 SOFT Ny7'�.�k/ _/�• r �� ^ uumno FENCE(MRC-NLN SILT FENCE) 5 ,�\\` k• POOLTERRACETERRACE&VA a 600 SAO FT 1 7F i GARAGE&STOOP W/STEPS = 900 50 FT ,y D,>�Ey uID: 1 / EDGE ♦�� AG DEN,POOL EQUIP PADS 119 SOFT NE mCE w+E / O*S') / _ AJIl/28,260=IS 2A( a77T3YFFT — .— PPE ..— .—„•_..._.. / I� POOE FENCE LQ7 12• _ 4• / . 1- I �. KEY }� =REBAR LOT 71 0 _ 'R6"�I(ul m nia" , Ry°�Pos '�••...� �/ ' �\ .._.. ® = WELL f A =STAKE To c!/ 'I o Oo j j / n%o xa `\ ro a floPSmco C ® - TEST HOLE �� :% iaFuun i ,( _- ` EDGE OF Y I FFF \ ( ® =MONUMENT I - \J8 ^r e/ •�i O °cs"°,.w IP 1�f e WETLAND FLAG \ = i �! E siJ " ow ��" >'lN oFoSotRNOLo , F A A ! O FLAG SET BY SOUTHOLD TOWN TRUSTEES "` j �sBS aRRaP ebmws a+nsw.v.I ,, _ L0 e I LP RA'X�D fA 057LOWTLE EII.FTETb s 2,575 SF /`� ,.. ) I Cutin I - V/ ./' f - \`\V (TO BE ESTAalslm OVER A`evsrr,D VEc,ErATa'o ,� /y' I NENo m I rU C� L �j �1 /� _ �osEv h0 06RRBA/X.E&FFER 3,980 SF \ �• m/ % 1 I t OR CUflB , Bp pQ.// OPoL[ `�.1 �I 1 (TO BE ESTAaem OVER A&VEGETATED 2" Y N 7 i n pS V N I = �E T. •RKI�D M7 7WF Za`E 3 Jpp g � �,/" N9� O NtE Nw Y) 051 i�a�i02 ff7TA!q. IB >J1• 795,1' S7S'64'00"W �� _s� EOSIM AO-0CRFBA&M B(FFER B(TO IF mvz� AY SHORE ROAD . ` rD ® - n, EDGE OF RDAL BETLANDS AS DETERMINED BY N T CORMN III LAND SURVEYOR ON JUNE IA 2017 c I , ARONS ARE REFERENCED TO NAVD 1986 DATUM ° 2 REFER TO PLANS 8Y'SLMARESCA ASSOCIATES FOR DETAILS ON PROPOSED 5EP77C iSYSTEK DRAINAGE CALCULARONS&GRADING DETAILS _ J FLOOD ZONE INFORMA ROH TAKEN FROM FLOOD INSURANCE - pf NEry ' RATE MAP No J6IOJCOI59EELHL yy E �N - OS I'p ZONE K AREAS DET�ERUINEDATI BE Me THE 02X ANNUAL CHANCE FLOODPLAIN ` -a g� ����Er�Gr� LOT NUMBERS ARE REFERENCED TO AMENDED MAP A PECONIC BAY ESTATES"FRED/N THE OFFICE OF SUFFOLK COUNTY G.ERK ON MAY f9,IOJJ AS MAP NO If24 k y ;°y. a • I=Femmar With the,STANDARDS FOR APPROVAL AND COVSTRUCRW OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR 9NGLE'FAMILY RESIDENCES and , RI Oblde by the CoAdId—set/Orth thereto and on the P.—It to eonsWeL RIe 1—U-OF N#,and,--PoP/s-P.&. h--aro From Be/d Pbserwt/ons - ond AC NRA date R ADDITION Nom others - , AREA TO THE I TIE-LINE = 39,624 SQ. -FT. PECONIC SURVEYORS, P.C IC. NO. 49618 ANY YORK TAT oa ADD71 ON TO THIS SURVEY E A wou nav of SECTION 72090F E NEW YORK STATE EDUCARON LAW EXCEPT A5 PER AND CON 7209-SUBDIVISION ONLY 2 ALL f7t' 0.910 ACRES -- (631) 765-5020 FAX (631) 765-1797 MAP OR ARPIE HEREON IE 1UPRES FOR AL MAP AND SURVEOPIESYOR THEREOF ONLY R SAID - ,MAP OR COPIES BEAR)HE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE, a P O=BOX 9O9 ` APPEARS HEREOM UPLAND AREA = 28,260`SQ.,°FT. 12JO TRAVELER SOUTHOLD, N.Y. 7 11971 18-111 KREGER RESIDENCE 1085 Bay Shore Road Southold, New York DRAWING INDEX- A]01 FOUNDATION PLAN A]02 FIRST FLOOR PLAN A1.03 SECOND FLOOR PLAN A]04 ATTIC and ROOF PLAN Al 05 FIRST FLOOR FRAMING PLAN Al 06 SECOND FLOOR FRAMING PLAN Al 07 ATTIC FLOOR FRAMING PLAN Al 08 ATTIC CEILING FRAMING PLAN Al 09 ROOF FRAMING PLAN A2 01 SOUTH ELEVATION and NORTH ELEVATION A2 02 WEST ELEVATION and EAST ELEVATION A3 01 BUILDING SECTIONS - A4 01 STUDY WALL SECTION and LIVING ROOM WALL SECTION A4 02 FRONT EHTRY SECTION,COLUMN DETAIL,and PORTICO FOUNDATION SECTION The Flcbcr Group 47 1.1 1.- A4 03 SCREENED PORCH WALL SECTION,LIVING ROOM FOUNDATION SECTION,and SCREENED PORCH FOUNDATION SECTION N=a C--C----,U. a,U. A4 04 DINING AREA WALL SECTION and KITCHEN WALL SECTION ..o„ A4 05 MUD ROOM WALL SECTION,TYPICAL EAVE DETAIL,and WINDOW BOX DETAIL KREGER RESIDENCE A4 06 MUD ROOM ENTRY ROOF DETAIL and DORMER DETAIL 1085 Bay Sh—Rnad A5 01 WINDOW SCHEDULE,DOOR SCHEDULE,and FINISH SCHEDULE S-11-1d,New York A6 01 INTERIOR MOULDING PROFILES A602 ENTRY HALL ELEVATIONS A6 03 STUDY ELEVATIONS,MUD ROOM ELEVATIONS,and POWDER ROOM ELEVTIONS A(,04 DINING AREA ELEVATIONS and LIVING ROOM ELEVATIONS A6 05 SCREENED PORCH ELEVATIONS and STAIR HALL ELEVATIONS Q A6 06 BEDROOM No 2 ELEVATION,BATA No 3 ELEVATION,BEDROOM No.4 ELEVATION,and MASTER BEDROOM ELEVATIONS [aw A6 07 ENTRY(TALL PANELING SECTION,CEILING EDGE DETAIL,HEAD TRIM DETAIL,and STAIR HALL WAINSCOT PANELING SEC LI 01 FIRST FLOOR LIGHTING PLAN LI 02 SECOND FLOOR LIGHTING PLAN - LI 03 ATTIC LIGHTING PLAN O maaD G.LGu.o-`Tn roNw raacressa cs - ___ - _— " h -� rY L Y as non ra[t rD F, ^ I_a El 0 EXISTING RESIDENCE TO 9 DEMOLISHED • -_ - <" � z .K:Yv,xstDn,fr,c•l[aannres:,=<FN•ts.,Fr FFE 8 9 GFA 1840 S F fr(1��.5r«sf•LDGVEFAE.[NTehT.vf�r„f._„ �� FFG.'YfpLOhO INLTORMNCP9IF<ET T�DlTFA1 `{�IP�S CR� EXISTING PROPANE TANK TO or•.a,vfr a,..r nucenwEr•s;E BE RELOCATED r E'i W •,YY>F[Ysco,w:fLN•m„•••wz,./ PROPOSED 4 BEDROOM RESIDENCE S87'74'47E _CLEAN OUT TO GRADE AT r g 2 STORY STRUCTURE SET ON CRAWL SPACE- �aG 7286 S78-S�40•E; FACE OF BLDG n;•cf rar anc.,4»,xs wcsD FFE 90 GFA 7876SF- \ _1 t. , 85go S7s'5s'22"E ,f, •NnmmaA,x nuFsaN lntsi \ i TF .<„,.,. ,. TF•( 2377. .-L..�.<„ i �Zly<I�'� i Ii j --��j} .rz[s+,v.,moamrwaar_�c[:Fta TEST HOLE LOCATION _____c (Toa_r;crcva.Y'fu• °< -I nKEY MAPS hK„l iilw o a IMK '215 YARDS OF CLEAN FILL REQUIRED FOR SEPTIC SYSTEM a63 Lozfs S”` '/' - � ( ' .„=.,,. r La i,„. I '}-r m�s(uly- �”,f• , / / o .s ivrao c.rx::i:P ec° - w�'y"I LLI�'o 0 (TO BE IMPORTED FROM AN APPROVED UPLAND SOURCE) N6T�51T4 w 1- TF c\, r`��,. ' '/ �^ti 8'0 x 2'DRY WELL FOR POOL BACKWASH < > (N-'-L. - DEC EXISTING COVERAGE /' /(• ' nI� , ',¢x'a'z:^n tj \`,No wk•..,,e T,�•,r PROPOSED DRAINAGE R`j(9°•e �+ Ntowwrol,nAkn cGYsr.fm-su'n a.n- f,/- , _. v / _ ` �'. rOoc2•� (4)8'0 x TDRY WELLS t Yi ,C Jo olo, «l;l_tlfGrc d.,�. -*FnS r7gSlJ1T z, / �/i/iJ(j,•' ,`, ^, *,; .yam�';- ; -,_ l PROPOSED ALTERNATIVE C GnriAGEF iT()M'n`•PFlS 91.+°FT _teas xa.,f r3.vrss�Tr aT r.v="• ,� / `'',.r� .q rz 1, "�'"'° !' jJ,. _ 4BEDROOM SYSTEMco " //'j �,� �/is •®zsr�y. ,' "' ,��'' _, / 1250 GALLON SEPTIC TANK UJ DEC PROPOSED COVERAGE ' ' -10'fd x 2 5 LIQUID DEPTH Q ���, ;'./ / s>• '9' ,���; w,6-2'DEEP LEACHING POOLS /'� / ✓/, %� � � •' `� c "` " w/3-2'DEEP EXPANSION POOLS Rfcu R=u,i�as,ra•LAar Ersz w rT c'�„oFzxzx, �� - I J✓4Nu,JtSr.3F:5J£-0FT ' cv: „� �rs /�,. '�'•/ , . •_ _ PROPOSED UNDERGROUND %m ` fro,,sF wownr ,fcstcoFr . �,, / r a, / , - ,P•vw v.Gr,�__- - _ - I LP TANK w1 GAS LINE TO BLDG U) x' I xto!TEawncE -sxJ sr.•., - `!/,;. ` � r. Ot:s• p` „} , / -Y i C 13 z ' GnNGEAS!^0✓tl Kl/� _gp 57 FT 1 `a" , Ar„c l GJC_EO fTr us r[-sof r } l �' =0 7d,u "' �•,/r54'° /1 f o, o uo:F PROPOSED 1'H x 2'W x 8 L LU c n ,suf rr EXISTING DRY GARAGE �f� „�7(xvNa so nmotll --- __ CONCRETE DEADMAN FOR ¢ Dim t 7/2 STORY STRUCTURE ­CONCRETE PROVISIONS SET ON SLAB , SEE S-2 FOR DETAILS ( fn $-�°• Cn 1 FFE 7 3 GFA 887 5 F v / 700'dJETLAND SETBACK I E -)3 Jfi' ' : i Q,L)m x G_1 i!%"./ d� • y 't i��/ �', EXISTING WATERLINE&METER TO BE RELOCATED I , __EXISTING OVERHEAD ELECTRICAL LINES � -TO BE REMOVED OAD EXISTING SEPTIC TO BE •a' a c"j,t PROPOSED DRAINAGE / ----------- `\ REi:9OVED AS PER (1)6'0 x 2'DEEP----- - / `,\ "RE REGULATIONS DRY WELL SANITARY SITE PLAN - — PROPOSED BURIED ELECTRIC LINE ' / E / 4�J SCALE=1 30 I � c"'c••'^ ! i i PROPOSED WATER METER - FTEA+ -•'ES'S •,j�g�,a��FI[ ,T &WATER LINE SV t?%IEnCN NG i'00 9 d„` i ' 7 ruff•Lx>*.msoazf�:Ls FRGV JF bNOSf 4W ETf�PCG ECTNEE.\'r•GC.a Gl"o4y(OT [,.ei ROV CG.EA 9'AFOiE T14 Cb^Da•DF(KY�L CVttt rin„ (LU 'O GNp<,E `<YGrtM5T,'P4,N I DRAINAGE ANALYSIS Project:Kreger Residencq Date:03 19,18 -n'Et:,Ln E„.ufrbP z Arealn Runoff Adjusted Event LFRequired LPProvlded y•,=(ms .'— cac,"rF -I s lW ¢ z f -- Zone Sq Ft, Coeff. Sq,Ft., 2112 (8'0/42.2) (%100) ' �A �•" � eoTTca+;r roo(ct Vis_ yam[yeas z ( I Q 0 }I Q Main House 1890.0 1.0 1890 0 315.0 7.5 9(%120) 4 w z J _ Garage 8870 t o 8870 1478 3 5 5(`0742) � ` "°<^^”' o`-p- - TEST HOLE W o o� 0- -' ' G/S,A SM1 pnt ryf MSCGd'81 ii„¢i N I a PiPf i73,ftk t4'fa41 Y(S`IOL=TE"rDrti.EO IJP PROFILE _ p,tc<a(r;1,Almu.binacrs7fM } F' � nrn,iraNs.Noakp Gfw„< � � / i av fNCV SEPTIL`TMlK /E ' m O Q ' IF DATA SUPPUCC BYPlCCHA.SJN`h PONS I ,(D O I— OPV^x045 t,°U7�LSCTIJ7.70U4.11"�C!131,392J ip ZEO?NIkC CR-� l`'S - - __ / r (¢+rSIEHE'r.�s,,V J� 1931 Of•TIJW o1AGRES LI Fn 05 LINE) '� fv 4 'A + T "LAI I.REA 2R FR $11AGaLf 1LD:.ATYTS '""""""—' T, y — 1 .0 �fGalVAkllfn iUfl"'4UfaAtL.;iiG\51 '/Sa Y;K S°yy .,u:p Ltl Sri rIYONNiV(ilf•,U�'f,yyy T + ? I3M�.i_n 'QV AF- ..., ,.1.f 7�a`j SiNMTCOCO 5 ��, ^•1 l((T[�'S71VlO,1__ � ' -)CCCTT rTAkx f ` G'T ,+Nt lLflR Po<,fww,k! +-w.I I(; Xi73 ORAIq'N BY HtlW , ,1 .'^ -�_DATE 031418G M4 `EA /VEILVA �,rna) '� 1' J/1�'.� SCALE AS NO7E01 LLF11",n.�['rCPRpbiiOs I .< Y'` aV •"••+ •--1�__a 7 SHEET DEADMAN ANTI-BUOYANCY DESIGN SC"EANQUT T rFCcOF 6UtdDlh6 D ® ® rCll I 'o. "'C`•O GALr-faLGlEAilO�55 1INTfO CNSEPARaIF SNFET SHEET j (n TF1 KO^A:,ONKinJTMatCTOfiY SF,18iEES FUG& �Y YiY t liY� I_ r - EXISTING RESIDENCE 10 BE DEMOLISHED �`��' ^^I i FFE.8 9 GFA 1840 S F� fi �oaEcs-FZ'_.sHECGrEaAEKIS rW L•rLT ra RG•) C�i\ µ $3 A��pC S C+R EXISTING PROPANE TANK TO vYtOnQw-Ah'O- 1-1=Cd0`FER jIX1£ i..• `, x�' :)Iz pOBFFSrnyt'44-GD"En ARF0.GF:n L&VAFn) ,r BE RELOCATED S87^14'47"E -FRc+csE:NQ n.RFron_:r_rocsF PROPOSED 4 BEDROOM RESIDENCE ! CLEAN OUT TO GRADE AT 2 STORY STRUCTURE SET ON CRAWL SPACE- °\3A5 72 86' S78.41'40.0/—FACE OF BLDG L� =RLNEGErn;CAREA L'cXtsPNG NV FFE 9 0 GFA 1876 S F �. - - •\ ) 66'92• �" S76=6g, 's" q P'S>UR6ANOE fi✓fFCR I.0 FF .PYRCc.9 _- �,} L { % .Er.F:.NQr,Dtx rva4nGFn sen G T TESTHOLE LOCATION6�``--'----� yo`' i � F�' o o''G"I ,z• L- �` .� , _ ,,. 9.44rNt,+t,••)`:°„_ KEY MAP ILL y' m Wi 'Lt 5 YARDS OF CLEAN FILL RE(,1UIRED FOR SEPTIC SYSTEM (TO BE IMPORTED FROM AN APPROVED UPLAND SOURCE) 1ye"I Shia p ,---8'0 x 2'DRY WELL FOR POOL BACKWASH DEC EXISTING COVERAGE .�_,,,R� -� ^�\ J'- '� '� •'` ' \ "''+ n„GRvAOLLRnJA4Snvcfkntvfn-s4rRsGucKrRno„-dwazSm>st>rz;otGqs,QT.msv+knYr.w"cs5 r G•EN,>=S 9•u1n 4s0aC Fr7r%T � Ka�' !or�� al -� �`r/����99Y''���'vvvp''�" >P/2 �'f y ',1'\>y!t"t" >�/J,,/�ot�*'��1"�s"x,,'; ``^.•-_.y+i, �..v.,��.�,"-�`�), " PROPOSED DRAINAGE Ih-111170.01-1 -(4)8'Px3ORY WELLS 1 �IV$a IC- PROPOSED ALTERNATIVE .f,PaO „ fISOF• ' i'wnw= x>,+ .,..' + f' /,',� l , n `" ' ' "'.n -J.� - 4 BEDROOM SYSTEM I ,,DJ1'SO" /.'� ' '' /jj/� ' •°^'eve(' �' r 1250 GALLON SEPTIC TANK , LU �st ••r!/f,"�i`�/,, `�,%�� NGS'a�`>' �° �^ - 0'0x 5 LIQUID DEPTH I , c• F nstf 2 I Q DEC PROPOSED COVERAGE ,/ /' /•i i ='sem` \,a` =a,r) ," !° ` 7 wf 6-2'DEEP LEACHING POOLS i dEOeIP°U URL<NDcrn•CRAGC SASa£AfT{2J•^.^,FISiaL 411• _ �//% ;/ .F � ,.✓ '\ ,� w:3-T DEEP EXPANSION'POOLS , ; U ,� PROPOSED UNDERGROUND 0 #/� / 0„t / -'7 ,,,GL9b�c'Cu,P„a_, - __ uj car-.f icusE 1-11 .,uEner ° Ar �! '� � �'" - -- LP TANK w/GAS LINE TO BLDG v'I rYT3;rRGIIG•f,4 SPA �I T!•)•)!J r! TCw, Yr,;� %' /* l' ,>CYH rAFRAGE M.AT eD Fr S-rbKveLOxn T` 1 G4aAGE ds>CGYYJs•cnS 9fA•SQ Fr l- ✓'J '7 lg, Q> •"/ ` - L �I' ' �""� PROPOSED I'Hx2'N/x8'L I W nG.GTv A'r^c-NJr PA03 >19 SQFr / // 6 s�'i LitT J� y f Q HT„`F { !r?T EXISTING DRY GARAGE �;':;: ;/' ("Y,�%�t), " V -CONCRETE DEADMPN FOR Q C F a -- g d,e„;'a•woF SDeTrao - ------ - U e m f/ I ># ^•• - ,/` ,,,vncANr ANTI-BUOYANCY PROVISIONS 1 112 STORY STRUCTURE ,' 1 .%/ tt'•, n, to ,°,' t �1•! `-/ ,cr SEE S-2 FOR DETAILS SET ON SLAB 't - '/''�- � 1 9��, b�.` . �,r•� 7;� W �� E , ,,/ ) - 100'WETLAND SETBACK O Sn� FFE 73 GFA887SF / / / F / / -Y �- Q U = I JJ/JJa•i-_ -- (/ EXISTING WATERLINE&METER I 1 �1 Lt //>� ��� / ',d I _E-%f-' •`- '64�`? f \ T06ERELOCATED I t, �� /_ -�,.��_ �7 - _-+. .�.' "'�f--_^•\ ----_ -___-_EXISTING OVERHEAD ELECTRICAL LINES Vy -� --�-_ l f _ F ." r"_"�-'...._;,��,•�`\ ••\ TO 3E REMOVED ``�y I✓"--_ ^$n SN�Rl ON p p�(( �� / �++"`Y __•� '^� EXISTING SEPTIC TO BEy PROPDSED DRAINAGE f - -REh10VED AS PER (1)6'0 x 2'DEEP '\SCDHS REGULATIONS �, y DRY WELL �. "' �J�SANITARY SITE PLAN PROPOSED BURIED ELECTRIC LINE -�_•/ / �!-JSCALE=1 30 PROPOSED WATER METER / CIA•.D111-1 T r 9.J OCCVLE GNO &WATER LINE � a-:OEEVFhPANSIG10NP00LG k^NOL CPOa(NEP£PEs 9E1WEEN WO:S ryry,, I W �ti 09) G4S"Prn G^VER ' 9!`30V_IHt RDTi0L10'PJtx. F�i' N IcGF4t EL --_ •'v GGCPE ` IOGPAO£IYP,YiI , C 0.W LIM1G r>9V i DRAINAGE ANALYSIS Project:Krgce Date:03.19.18 ExaccTi:D ,vnr�EsWrED71 i P> rr .A-\ __ Lt 6lT TOP�F POCL'3>t ~-t N ERAVRk 11 L a Area in Runoff Adjusted Event LF Required LP Provided ) e �"?/ •:s:cda.£r c�, rAwhNGPyx �.; P I ,� } Q Zone Sq,Ft. Coeff 5q.Ft.. 2/12 (8'0142,2) (%100} I 'CDk2Gt' «\-tEr, aOTTOAIOfPOCLEL<G err _ Mam House_ 1890.0 1 1.0 1890.0 315 0 7.5 9(%120) I b '"1""= p G��•m TEST HOLEp [L Garage 887.0 1.0 8870 147.8 _ 3.5 , 5(%142) "�""�•"�"�i w`rGW:D � � W O 6I AILPa TODF,•YttE4fv^., V DY Gth+11'1i 9A3RDN tE59?,e IT21)Tt I(1✓ -__- _.___.__.�_�_ CWC&PA99EL.T-<,^t \"_ &,CK£LLYN,PRCLPUDa,G5Y8rELt TESL NOLEPERFO a,LC u• N ti1rt1CTSK PROFILE R911—CEEP£EWfMCLCAN3ANDAVDGHANEL i I� m C VFYG'OnL 1CPlE,-•,Y ` 1 w GG Y IS50 GAI=Ck429LIC,AG CEPTM _ - "-__- „�,,,,,,, �, GG ✓r r•-f•fAKlc;)3s <)yyg�..�ir;�a,„ry.A^F,,;, RLL SITE CATA S'JPPLEU Fri PECON,C FLHNEYORS, 1 �� Z / OftY Y(YLG s yt) • p S >=F xl'},E},,.)•.%k 4'f:"",:<E SOUTIIOLSCN N1G'018 D313M 03 24 19 w -- nY14R/)t.wwL kl sT +T .e,w,,.,.,..a ,yr4 ri-n )9%DAN W9IACRES(AREATOTIELINE) 44LSn113EGCRK OR- _ _ - vE3'ERS•RiPY y c,,,•,•.,__ _ -....�.-_�_-......_.. �_ L'PlANO RREA.8,253 FT> co SVAr-hli 11 LtX+ttrt VS) , 2 ^lj rrrtErs II OCRTK 31 - -_I--- LL ------ ---- 4 i1.'..N ZED i�4NUl'f:Ktf`>LOLn10h61-,� •�� p�• • � ,�\'#F:4.k.fr,'�.tlri+,i'i� <`..'i'rv:kr.'r'.ta'-�ie•„"Y^)" .•v 4 , , 9701E OkKI sL04D t'� ), s+u -_ LQ --sarukaTro scRs ,I �" m Pncar,T£Dsrnau sLRCE `\%zn e, Q) ` },—i k t Y W F E.i,-•_'aJCFCTE C U ' �•1-L OEl�hI4N FRMFR GD2 s pini- * �t L 1 D) I , ^ ^• ,2'� •• " GfLtVJN 0Y KLA - EL ear - Z m-i -i-_ Q l H '•`r^� ' GATE U3:418 _ SCALE AS NOTED f04f,RETE:ERDutM� N GRCUN3A•ATER e•. v �I '•lY yr I �iRR£'T'"`4Faii'3+<"'x=r ."' ' TANILLGi LTC9U Yu• CLCJA*IONYO W O rTl i,.YUF kr,<`s'�,r<ts. .,:,)r,.,,, , V.,1, ,L4t NASNER 1OPU.1 oIl �- Y ^' S41EFT DEADMAN ANTI-BUOYANCY DESIGN CLEANOUT�7FACECFBWLDING O NOT-O£,04Lf-f.R.(U_\TIO iS 4U3N,,TFO nY GFPAa,rE sn�rT FOa�"A�4' =rSS„?- ' , CD ( OF I SHEET ' NTN _TZ M-MR. FM ---------------------- --------------—------- -—----- --------------------------- FOUNDATION NOTES -—--------li ---------- ------------- -- ------------------------------ ------- -------------------------------- P.= Unexcavated A, 1 P1,14 a.- I lw- 'w n lW-11, 256 --t--i -• Edf 1 4 1 FOUNDATION OPENING NOTES ------------ -------------------- --A Crawl + T; Space A - ­ZMM, ----------- r�-�zz The Ficber Group 47 Ll.1,r- N-C C,,,,,,,I,-a6490 ------------ 4 -------------- KREGER RESIDENCE I r--"-----" ---------- M85 Bay Shore Road --------------- ----------------- �rZr MOOR M AN r A- L--.3 M FOUNDATION PLAN rfl� Qft _A1.01 Na cz� C/ rNa (n - b NORT" I A j. L ----- -------------- o Kftnh, -LL1 ---Screened Porch 1. iningi---- ------------ )) ----------------------L -- ----- --- rea n 11 Living Room Rm Thewwww Ficber Group 47 1.1.1—.1 Entry Hall N.w C.—,C—„.--,OCANO MM T KREGER RESIDENCE r-------Po--I-co-------- 1085 Bay Sli—Road v--ico SOL,th,1,1,New York riRSTFLOORM—N C3 M w.- C--) IMO D7 f� 4— CL cwb M FIRST FLOOR PLAN Q 0 0 > C= --Al.02 Ln e J No Tw ji I I 'S 't Bat mQ i t Bedroom Clos t - 0 f r� era.mme uewo a B Balcony _ Closet Bedroom 9 -$' Bedroom I 8 MaeLOfy� _4 'Bat t� h _ - Stair No 3 6 Hall if L Laundry I a r ^ Room ————— 47ri, 'cbcr Group Ncw Cunnan,Cnnnacucm 0l.Je0 § s. ,• 1� em, ® .�...___. �--_- � I I .a�wa Iuen1°o ei�vnl erg I 7 .e...,, 119 y. Bedroom RE ER RESIDENCE Y } No 2 Bath - —I —-I—— ———————— — 1085Bay Shorc Road Southold,New Yerk f v e• l I la SCUONn I LOOK I.1 AN �. 4 I e'-I• d ... raff J t^�• V m - v rn SECOND FLOOR PLAN -(;Y D -.A1.03 NORTH W. Finished Storage —t t; -�I i %i ear o 44 ----------- L I 71 The Ficber Group 47 1.1.Seca New C... C.... KREGER RESIDENCE 10 5 B,y shore lt..d vyai Southold,N—Y.,k All IC—d H001 PLAN LO C:3 ATTIC and ROOF PLAN -(,D,:- 03 M ATTIC AREA NOTES -7) 1.04 > C= C) --A r-a C=D CD N NSW I I -----_------- ' ' is bo.E YBIB xaro II° I I,� nr Nmuww L ,i4 i n«_N••IM•L.LfNWrI -fYh••Oy'L��nuMl n,N•ama•uL m,au- �- /�_ by t/ocfoxa I it - - 1 �x roc loKb [IF -1 fl n]o.•.w•�„L.nwau -� fnw•.n L.Lmuam 1� 111• d nurmnn.o� I° �I I _- The F,cbcr Group J]Lb,,I-, 0 NLw Cnnlllln,Cnnnullcbl IlliJr° KREGER RESIDENCE FIRST FLOOR FRAMING PLAN S-11-1d,.y udy N- Read Sh Vork ecaLl�va.r-m• FLOOR FRAMING NOTES Nl.r:lbr w da,.w wl�nuiyd�lyplul rd.ppy re.n.e.e rd.YIY. - 3 Mml oenag Lahr wll br^,"-y xM1rd ulU a v——p N m.w�nu L�upiar x.rY4°wgYa cY Lerd rlo] apv.I�p 0 1 IRSF 1'1 OOR I RAW-PI AN ♦In W.eLLeeYw ro1d on W GYn wa rxNlred bl W @uIWu9 Godo!le•a 11 vB•LVL 4 NW I Nc�Yrla-I Psoas eM eW—'N'.wll M(]l l 9/J•a II lR•LVL MrtW GabY lbor JoYu bexeU peNtbr ebmw vnag parelbl b fbw,pYY ibo+a r-�]� Q 1 dnBN•a5V]•/!N•a!N•PBL roMnbraeU bxn aM beds brrYg poYY W 1 ' 1 \rn •amr rolb w Uv Renwg Pier C—) �l 4 LVLbMI-le uuUro gxlb>gry wn]smm peL eecn ply rl N.• � ^ 9 M Z b b.]¢6 ea riMeclui!by Tuympl MemllYn w p L b W w� I�euri nanag rrnenlw All cmramra b a by Bapem Bvm"9-n. Q �e ^• 4 MI pYY rid LVL bxn brel ala nuNn erl N•elbrr]g e,YWbneerd WU O n.aer.a..rrrord. P-j C) <Il mrluop�LVL bat�bL �bgeWU N'dleeiWn bolt.].•oc �1 N °-TWr ape.W b we W a w canucl WU cmaal.b b Prw.wlyd '- M.]TUn wra.y dYVmuW drlen Ilw bad.•porde pr prr rw ew Mlle d0 a '1 d ----r_________--11 ---------------- or N•.M1•LVtntuw The Ficber Group N—C.--C-red—1 orUo --------------- y— KREGFR RESIDENCE 1085 Bay.Sh.-Road Southold,New York SECOND FLOOR FRAMING'PLAN FLOOR FRAMING DETAIL N WIND LOADING CONNECTION REQUIREMENTS 0 n. srcoNa i i.00R rRAMING I'l AN P——"I—"-1 :3 C) c) 2-- Z I.- 0 r %L.l .'"p—4 —pkPt cm (D L" --Al.06 z, NORTH vs 21 St The Ficbcr Group 47 El.I--- N—C�nu in,CnnncLlicur 01,U. KREGER RESIDENCE 1095By Sl,.,.lt..d Soutbuld,New Yo,k ATTIC I I OOR I RAMINO I'l AN ATTIC FLOOR FRAMING PLAN CL --_I rn 0 0 C= 4 NoRTw ---------------- ----------- L........................ —T-7------------- L-1 ------------------ L ----------------- ------------- --- The Ficbcr Group N.,,C C......1-10(,480 KREGER RESIDENCE I ORS B,,yShorc(toad So"th.1d,N—York AT ICCI.II.INUIRAKING PLAN La M 70m ATTIC CEILING FRAMING PLAN -(;P� 0 n w 0 c=, 0 (D a -_A 1.08 In NoRTw �N The Fiebcr Group 47E],.S,,,t N—Canaan,C-1,11-01,410 KREGER RESIDENCE 1ORS Bay ShomRoad S—th.ld,N—Y.,k ROOI r"MINGPLAN ROOF FRAMING PLAN m C-) 4-1 1 0 h C), M > C=) -.AI.09_ FM EFE L N a •lavM•�%E cerin. l La = f W n .m a,a cn SOUTH ELEVATION IGZ� v�,oA ROOFM LTEWAM �u I Qu „��qe The Flcbcr Group N ar,lin 11rt�1 NnccRc Canaan,Cm, m 01,480 oomom-em omnia ® ® I eu..emcat.wla .un KR I KREGER RESIDENCE Nrur.nneee m eerec+m e,ow�R uRy Road S-out N—holJ,New York eee arm. is 1� c sou fl I G I VA I ION,nA uuowe•cee cerme NORM I I F I F V.\I ION _ eoSn i I taut/mluau�, mMgW � II �1 `i I ���� aaxw rnuowmwcaw _ rx avmErvutiEer ® I I m»�w�mwa�zWm NORTH ELEVATION m eee�M awn I em perm.r,m a.ear �v ..e,va,x oeruu nu,e>.a rv=nnamA— vn rtM'nax®, _ f•mn e,�.n nmc L EE r° ARI,-South ane West Elevabuns Master Bath-West Elevaben amer a' r�r5'Y I'+I rw+w vreivn WINDOW CASING.DETAILS ,�rr�e'd'."....a.:oea,.� r,' r'1 5 wn.«,s,o,®•u,• i •Iry�A o p � a� WEST ELEVATION . , „� e.••.va.r•c w' mnre.wmewwu FEW— DECORATIVE GUARD DETAIL m°e m w o e'q°`f'° .0 mo.ro... are.mecnla,e Qn r>o�•cealxraae The F- -Gr , Group 4 C uuv N ('enn..11aui n/.Jlia .�....gt.,m.,..� .m �h•e>aorm, KREGER Rf-.SIDENCE .meq rR � � wea°NO11 °�OAiVLO 1085 Bay Shorc Rnad N Southold New Yolk evaw.ea vnace O w rmcu.°ee vve2 Bh" AM— �• W aaw wrwarY'ev oenda e;-. "•••S•a, pI VAI 10— 1I NORIII W1 ST IIFI.FVA IIJONnJ ^a gRoopm ALTEw ATE °gym EAST ELEVATION I A2.02 .� e �.w•.rb• — _.. I •u oc Play Qu Room Play Room Bedroom Bath 1 No 2 Master Master a Bath Bedroom Study Portico — �� Living I The Ficber Group Room 1— —F•.W%-— N—Cannan,Cnnncc cul 01.4.10 KREGER RESIDENCE 1 OR56ny Shnrc Road Southold,New York OUILDING SLCTIGNy N BUILDING SECTION BUILDING SECTION-(P .w--For C—) .__A3.01 rD =� T TYPICAL ROOF BRACKET DETAIL Rocnz ALTEWATE The Ficber Group Z 47 El,%I-1 N.11 Canu ln,C1111-01-1 IMAM GWW.LE ALTEIRNATE KREGER RESIDENCE 1085 B.y Shore Read Southold,N—Y.rk zz— (2)2' ­L 1,11, S I UDY WAI L SECTION ILII LIVIN611001,1WALI ShCl ION Al- Lo m Lo c) STUDY WALL SECTION 0 rZ LIVING ROOM WALL SECTION lh > = --A4.01 > ov En eV•emt osvN etalDetl 1..AmC RPKe tvAlm(aV 0>rMm, � ba•a e>EK tlO-nY2 w.a•Reriewe.u oc c'�' b_ wales W reeuly ae'NNIWODen eoelm Amcamnlr�fu imxo (aM R ea��yeea fYy ioJNeo eilc JweR M`� l.s elloe.r oe fmuLme 2lw mrdYe b.•..•ATlClm1 N Han m OetEGleo W wNR h•eexnaLLDea�� v:em NaaermR anew eworan ewer.•.a•]ul a ealnnoa rur Nr io era m vx , N•RivnOD ORPJiwH �mVm PF� �/ �f n,l a.RAre �.V twNte M9 emCa f...uoo iwMw \x/� aw•0emc avewelaenw owe _ =%aMii"Weu N Rvucw aennnn – RalOu wv,en em mreirl Boum � t .e�,eV'e� l• b���iy� $ e'fpenen•r•oa •r"Nn9 rueL ltolDvlo T n!l b....�nm ee m 0 c �i�.ee>.rwR•m e•�R — Q �' .�, T— Ln are.R�a�eie —" NJ) Q vwan W.nao?eoum u. eiie em�i caul+] ELEVATION SECTION QV a•w euvloaa _^_ l.bma+.n.r•oc COLUMN DETAIL -� PORTICO ROOF SECTION ir •v.v re.•..,me>, ROGPP7G ALTEI@1A]E b...tea es•.re uar�arwen I I �`� •e�,y..u..,eex m,w b.eoe nala.n2L, neewa m,ea,� - ,�. ,i. The Flcber Group ekt. a ALMWIATE 4]i Im vrcc! r l..cee.en.aien.r oe Ie.�eR � r-ef• sf• �',y,i�aR Nnv Can n,Cnnncclicut nlJRO �r1vn mevneo, eirrmv��?o eeec¢o ,.e... eee 000v eam�ee urei oetena ae.r.^..r •. . eNrew KREGER RESIDENCE eu•emc uoc maim eeeemaw�evenae Io8513ay Shorc linad 'Yyi Gxm�flooeaie __ ou•e>ec�cc mam 5 w .Y r� Southold.Now Volk iV•4eFeiare fl..vnna a111CwIele IVItlwfM Opnfb B�Eoro eML Ati dla�e or w beilxR R>m Na14im1 al aaP/Lre9 F61 •6.10,10 mel �fev0 molt al aaPeareD f11 f.e m1pB.16 oG f V\�\ �� —_—_ _ e viae.Emt —_— WM COI•RR olarW VV�� ✓lll. ��� A'Wfalmenal GV1mrEWfa.9 e w 10D eel _ y rRONlLL •.-e'nwefnirG rtlR, II•I fNGWo[NM2b RONI fNfRV SECTION m 1 COLUMN 131, IL ln•1 ma oeremw PORTIC01-0 NDATI0NSL('1I0N _– >.e•T@ereo 011 1£dIIED "e —_— { is CnYN�MMIrpe lle�re (L1b..smn4 Coneear .d faaielr m ena�l 1YLL1 24f� .a,m.na,uP,<,. FRONT ENTRY SECTION PORTICO FOUNDATION SECTION o-._A4.02 D SCREEN FRAME DETAIL ...mm sur �.La ®*�mR ir�ml-oeac xux,n.le nu =E .s-a•mwo.n, rare, � .mmc,n,ervneL mee °' � ^^•ren wwas c.o,z awm e m � � . .ra $ `va"oae. a.mnaw. LO 03 m G � tTl cn —n LIVING ROOM FOUNDATION SECTION neo„cannon m.Nren, ey, pmo-,ma®� xue.,,..r.o• � ,f.wy,oa RooFRJC ALTEfd147E w..v rou...ala„w edp r.wag..d.uug.Muu nor The Flcbcr Group a]6hn 11-1 SWW.L.E ALTERIATE Ncw Caaa m C11.111-1-11116Uo _ u R.d a WwYEe a..a.mc,aa•+E:.,e.eE ..>h•iu� raoL neve �i`R $ root ocae "•"`" 5 KREGER RESIDENCE sw.nre wwn °� - �� mroremwiu I G85 Bay Shore Road W mm.en root cex S—thwld•Ncw Ywrk criui mnomlo \ ..xa.ae rr,erme � n,.a.a¢eaa connaln,e n,w"se.e cort,a,a» // SCREENED PORCI I WAI.1 Sr(I ION / \ LIVING ROOMFOUNOAIIONSFCfION anA S<RCCNI'D rORC 11 \ € FOUFIOATIONSCC-rION Z �reoana,�o.gym ouam,�.�m• SCREENED PORCH WALL SECTIONSCREENED PORCH FOUNDATION SECTION -A4.03 eY••mc axVN rt'.¢DM �,•AmCaxm m.Y®t.Y•EaaeFD, O r-sY•w.m.n .•rt.w�mm imun,e.b �TEMtTE A..,n a em seLL.ci�w ..•eYce arure �� '�' d• www••raa�m n„.••°.re r.�• �• eurt4�teu bra+« N .,ea•i�m O a•e.Pe�e,mew _� seeww:n"'1°owmc°01O1r BRACKET DETAIL m CLOW Di • a�4rt e.mauL w—s— Q r� d,°"r'@eueaa„ ®.a e�m..ce emen..Y•rm msLLroG•mr ,„aer• ,•enure •p Zm- uY�TNs•m rtmmw Jolie my D%)aum maw rD e�m ecs�•",•, ceerinJ m.� rn)...rL.re� ca..iir'•w,®,UtOO"v N T-- -a• �` reY"b��®�em s�,•.�.c mow ncn.m�m.� - v wu,mn wa°:drr".wrew�e �.. .nes-..,.b a s,°• Dee cnO'°O11o.rc"u" Yn.auw. 011N ' ,mro®J wsere•"' °...mc..a.�-.m.rEm,m ens The F)cber Group sY•.r-�mim sJe• ccvee,vm.mre,.on« --- brcHe caunertrwm N-47 Lhl%—.1 w ae NC--,cmnncamm 064x0 eeemm�em�e KREGER RESIDENCE rua,sa.e.Ea�o m.aroe nruneo eimr�me umy Road S—out N—holJ,Nt,w York m.�rove•m r.mae Jaere bei a..•.�comc mew i arY ee.uw R m wi6s,KN n)Ne.•11�9aanttneuab L.� n,w.rm/a riwreucYB - `- J l �_✓\../` —_ dwmw nz�meat J —_w.ocl meaC j W W rgNp4nW V // / CF igfmdilaJ �' / rep bLL 4�•�I v/�/ %/\ ^H ecegYLL-q �°�' IIIA / /�� DININ4 ARLA WAI I.SI CI ION •••m meuvwrsErasure, \�////\ •smmn°v)r sure, b / \ —d RI I CI I FN WALT-SF(I ION / S S .m.,.e,ou..wl Dace 5 v Kwon e.resea IY.w.*,a+m.0 VvoR ma.meA rasw.i"R.,mmi— „. DINING AREA WALL SECTION KITCHEN WALL SECTION _A4.04 am m°a om- N T m 4, rZ m cm (;p r*-a c3 > (n The Ficbcr Group 47 IT'l--t .........-.0.410 xmr Z, MOWNGLE 44-TEWATE TYPICAL EAVE DETAIL KREGER RESIDENCE .— 1095 B,y,Sh.r.lt..d Southold.New York V1.1-2 -— —-------- R �e MUD ROOM WALL SECTION, TYPICAL FAVF DFTAII -I WINDOW i3uxf)r.rAIl L L 141 MUD ROOM WALL SECTION WINDOW BOX DETAIL .-A4.05 .e ee�e reo q w°Mi¢°�° Lme a r.e•nmc w]� cwaQa.eo n.eeuen n•emia°a reLr eaam..a �M1e�ru�mr�° DaeQ���e� .mc amuu naeo w rLm�coo e�e.ru.r. y°ex,e°„ oti•rm,`rer`am..re imluiero�nurie°u"iE°nme®u`v'-wa Q.a. a rBaws»iem .,e me'im'r�°Odi� eP°`w...rwn — o ir FF m��•�.ee,e,.l r� � .�. SECTION thru ROOF SECTION thru GABLE END BRACKET DETAIL MUD ROOM ENTRY ROOF DETAIL ImoFlrrG AL7EIalATE n sirtn°n reLr Les or amc wwi rlotoon C,HINGLE ALTEF3IATE w R..,cw ae.n,eo �� r.°w�ew.r+o ua•aoeee, m•°N•rem.w�er.e. r4Y pOmae®�� eu ..1DCOIbRIe3 r])].s•rLfre 4 oG � .� A.y]mn r.nc.L � !� Yl` emiL.rs e..e oerdL D The Fleber Group 47 LLn I.— rn weuearuoa � r.a.a. Ncw Can run Cnnnccucut(IriJhU ca+ceeL®rLaeewmw]..h•ru] ] e Qan]aem.le oe KREGER RESIDENCE IORS Bay Shorc ioad Southold,Ncw Ycrk �� rm•ew.rwa+ e�a..an aoxm�a'��o � ewce"emu maw �• ® _/ • �, w ^� ��qy MUDROOMINl NYR001 DIIAII and DORWR DUAIL im C=) G D :o ra ry SECTION thru DORMER SECTION thru GABLE END DORMER DETAIL e .,,..,p a._A4.06 WINDOW SCHEDULE FINISH SCHEDULE wrk e r Gulogue No Rag"c—.a ape f�.h• lxppy ilc ppOn nyp 0.0012 YViLLe CFOWi CEILRb O A W inn ulpD037E-9w B 11 Ve x 6 I Vl 3 we.Daub4 wg % G ILmn ry]wUDNlmNE 3 0310.6-I V!'mdl lWldv Daubb Nrg u.rg rC � � R • nervrecly.proved.r ngl�vp.ilrg p � d C D rom0 aormw--DUTDn .-m'x e mr t P.rol BI—Id W E s e n.m0 wrvtx i-r x 3-m w• G.w.e � � � --�!! ¢ � a� r iv,vin EDDN30]7 3.0 31".t B N• Dcnl..rg �l 9 o G Famn WDN3O1eE 3'-m 3/e x B B Vi 0abl.Wg E®er Wt a N F4mn WIc<].ie i'-I•x]'-t vlb• G.enml 11 � � Ip r r4rvn u7nNieib w B'o!u•x s•-1 w• i win D�b le.�g T.�p...tl a4:x�g � � � �{ 8 Q y�l � $ � 3' � � � � 8 8 � E K I.4mn ILLm1IINe i-b 9]B x 9'-I V]• Dodale $ � �Bj n rdrv4 0>urmluwoe !m Jin x 9.9 V3• !Wde Dolb.kn3 �@N..wl-9 Vl•nnbn u.4g � � 6 g e � � � i � � � � F E 4 r.cu..p.ovW.ragk ePr`R'g NIbmn Wry36.¢E 3-1 x i-.Mb G.en.t E]BRT It.1.L • . � e � � C • • • � • c 0 inn - x -m .meat • • • • • • • Eff 0 . Fbrvin 00 3]1N xl]V• Wgb 04..Dea bBk4NaM e.v.IN Dmd role..wlee mf Nei • • • • • • • tin 1v.vin emlm a-I vt x 1-]ti 3 Parol 0lbv'6 Dow t>e�uNr•'tawT • • • 101 Wrv4 0010 D-0 x 1-]N t Paml911tlig Dow Q .mwt • • • • • • • ' bB 1^emn 1010 !-]1M x l]v!• Bbgb a4u Door 6111 peu.n.Ivl4.]v Dow No 101 O f WDER FMi • • • • • • • m M.mn 1 rii0 lM•x l'•]V]• 84gi.a4u Dew LL • • • • • • • \ NOIE�w o.k.rduer•b b..•I•cl.d by a... co LNBYi Rocll • • • • • • • • Mde trpsed glesBg ulse r.qulrod by.ppllubly cede a' Rand..lxy drea.g.fro all v.dw.b R.rN dew Inlu Iw approveL LL Bci�P132:W • • • • • n.Wacw.b v.lry el Intl rW9k epriRg.ab.Isw DOOR SCHEDULE BLARNd • 1 1 1 Jol • • • 1 1 1 loll • • 701 LIYIIDRYIb C.I • • • • • • • n.x air DmwlPtlw wwm,. 0'. e le pelr�id�E�lltm..Mom • •• • • 11 •• • • • • • 73 J.y 7mn 1 Br WRdm Bdsd�b W..R.d. Pa.wgv Bet vlBl Dmdeolt P ri D.o.ed•e. B.u m em w.ma edrd.l.w. D!n.Nwaw. O 0°'N • • • • • • • Im1 B..umea.adrtln.w...r.� Dv n.rvr.wl.. O • • • • • • • `l- m, • • • • • • • gm bw e w em wn Imb 3 m Wee Fncvg4u w.n.u.m 4]x dz.4 Rem n.eq lack Id,Nlgim of.u..wJ pm4 • • • • • • • m PRM erlvib�r�d •M' " om ilann e _ ]/d]ml Z 0 • • • • • • • Iml -1.1 m Tvipwad g1e..N w11d owed nem rtiveq Ion V • • • • • 101 1 • - Im0 ]-a.t-0 Gwd oPmlre W • • • • • • • n ImJ ]-b x l m mud ew.we P.rol-rowed P......s. The Flcber Group Im !e.1 m Gro op.11rg 4]Elm I—, 111 3-m•x l mu cw.taro Parol-p.w.d P..ug.Bm • • • • N­Can len('I1m1LCIICl11064m) ga.ng • • 14 2-1.l palmed rtiv.q Lan Q KREGER RESIDENCE IB ]-e.1 m ..e mpmlrg 1085 B.,y Sl,.,.Rood Ila 17°.1 arra opmlg Southold Ncw YDFk BN HOLE& ]m1 em wRdm Bd.dn.w..Rmt. d3 nDar.dw. io N.u.(Prowl Ne.wu ]w ]- x l mild w.uaw Parol-palmed P..uge eat waiaLL w�.H�4 mvsvlNN 4L�cLO02R�MMor HorBD1 L � ]03 i-e x 1 m miW m.low pearl-pelm.tl Rlveq Lada �eUIBaJu.D LLLE N DAN IFDORt leo.]mai TO FillDm lP TO�1LRG(3 uI4LL07 7m. ]-s x T m 1 ve uo parol-palmed rodm door Lada erd p.Jvi rtiwq Lon ALL Duuen am 1W Bello ]me ]-].6 0. Favrlm..Nvn.door c roll rJmr g4..-I'-0•B1d.11u f W✓'0E DIFWx CD'�!T DOA1m DEu�P601L Cf£b TO F£�IIE T4P FMIb1 B car•row P.ro1-P.w.d Pe reg.e.t n.b vvlry.1 ] b x •m mild cws faro parol-paim.d Pe.....eat WINNOW SC E I,. I' lve im0 ]e x 1 m mile w.l.lo pew-glm.e rtq tan � DOOR SCHEDHjUiand ]m! .1 mile v.uw Pero1-pe4ue Rlveq Lada Q FINISH SCHENULr ]w (7i I-b.l-m P.R IId re,.Rue Pwl-pwrc b11 GtmV Pinny Wlob ch.Niob p.doo rn ]e x l m mud co-.tin perm-pew•d Iveq Lon ��mY� 7] x O e1r Ie rae t.o Orel-peBnad 11 Gbit/M+y Knda Oro Nob p.door �- - ]B 7 t x l m mild rare tin Parol-peRud P eq bn n1 ]a.a-m. F.m4...Re..doe. c 1 n�.�4 ry r-b•Bld.m. �' C—) rm ]B 3-m.t-m mild v.tw parol-peml.d Rlveq LeM v rn o.. ]Ib ]-b x t m intra we wa Parol-pelnlee P...eg.Bet � �•�(1�' Q cel Parol• i1e (7i]-a x l 0 Pele mud rw.win Owl.pelm.d Dem.11M dow benne pd4 O 1 '-7d mten dmm p.rol daw-p. m 1 glee•1-B•ele.ln. '�'� f� e\� cw. Inl.d eM pJV/Rn.q Loch Pleld wify.Ize TA. NOL x t b b.Daldvin ai Iby eanv Jv' m;�.edglmRgd�e,e�,l.edby.ppn�ble�d.. � ..A5.01 Andew. bap lmeewb.weded�4e >,d� ,a�onm a�....a„m ,,. �� I II I� 111 I � I�II•I II d 'ILII 16 I ''II ^ I 444 I I II I 3 r�i4D�FDB� ��I)iI � i ISP IIiQ N I � ❑ o ®\ Lo ( 03 MM, ❑ ❑ I-1ILL ❑❑❑ ❑❑ " U_U III ❑ C ® 0 -a ENTRY HALL SOUTH ENTRY HALL WEST -QY ENTRY HALL NORTH a I.y yew u e'vy w .�r9 org.,�r mnwniawire e.�un The Flcbcr Group N—Gnaw y nGIRo \ •�o+reo Dano cap KREGER RESIDENCE IOxs Rnad South.ld.olJ,N—Now Yolk = III ❑❑ �� € __ rNIRY14AILMINATIONS FJ' U I i Ili I kIlii ISIi Y I O\ pFi�42il I�III � � !�W O�aa 6almrl ��91�it I G it i III f i� ❑ rEp jf,SCI ❑❑ I ( 1:1L _ :11� V ENTRY HALL EAST I STAIR EAST Q;Y STAIR WEST --A6.02 L] Fnr HHnH 0 STUDTUT Y WEST SDY EASSTUDY SOUTH STUDY NORTH co 1 r I - , .�.r.a �.-0 rh r_ ❑❑ The Flcbcr Group 4,GIm I.—I _ D _ Ncu C....nn,Cnnnccricn�I1r,4 0 MUD ROOM WEST MUROOM SOUTH MUD ROOM NORTH MUD ROOM EAST �.�•.�.m. �.�.rte �.�.r.� w.,.�.r.� KREGER RESIDENCE 101,5 13ay Sh.-R..d Southold,Na,w Yurk ❑ ;___I ___; MU(J —� �I Y 1.1 I VAI IONS ROOM F I PVA I IONS n.l ) � � I•UWOCI(ROOM f.LGVATIONti 1 � O POWDER ROOM WESTPOWDER ROOM EAST POWDER ROOM SOUTH POWDER ROOM NORTH ,�.�...p .1,..� --:4. __A6.03 J L JUL ---------- ] "Xw LIE JEE IEE N DINING AREA NORTH FlUNG AREA EAST CD o La m 03 FF-- rn JUL UL LIL IEE ]EE 10E ]EE 111E II II rD 7 The Ficbcr Group 17 11.n 11-1 r l\71�,G ROOM NORTH -(4N\7iNG ROOM EAST KREGER RESIDENCE 1095Bay Sh.-Road j 42k4 04 s.,.Ih.1,1,Now York DINING ARI A 1 1 I'VA I IONS-11 Fn JIFI WING ROOM FI F V A I IONS EL 1w rl\71NG ROOM SOUTHN\7iNG ROOM WEST _A6.04 P.v ewP-W em.n -------------- LIL — � El �E,w m� �n) 7J SCREENED PORCH WEST SCREENED PORCH SOUTH 1 _ STAIR HALL SOUTH e 0 ®1 D [� 'o lD fy ry Im a..eur wo edu.ri ew The Flcbcr Group 4]".'—. _ Num Gvuan,Cmmm.1icul 111,410 o mb�eR�EB KREGER RESIDENCE 1085 B.y Shorc It..d 6 Pnonem mmmm ian rae. Solnhuid,New Vurk � rna®ou�ramm S__. 1 5—' �i SCd STAIR I IAI IC ER AI IONS IFLE11--j=4 m❑ STAIR HALL NORTH STAIR HALL WEST e �...p � A6.05 o N :=-B"J4111 BEDROOM No 2 WEST No.3 NORTH -4� BEDROOM No 4 SOUTH CZ) rri CL 0 h > "0 CZ) c)L ;0:E� r:cnz OF 111�H ff linF (n El EILILJ The Ficber Group"" 4111 m 11-1 N—C—­C..,,,cl.c.,.6411() MASTER BEDROOM NORTH MASTER BEDROOM WEST KREGER RESIDENCE 1065 Bay Sh—It..d S—th.1d.N—York —BCDROOM N.21 LI-VA I ION HATIJ N.I PI PVA I[ON, IDE BrDRO M N.4 ri rNIATION and MASTER BrDROOm ri EVATION% ll -------------—------------- --------------------------- ------------------------- --------------------------- I--------------- UOTER BEDROOM SOUTH MASTER BEDROOM EAST _A6.06 x N 0 C1 Go ..�.Hreo DI rnC O a CEILING EDGE DETAIL CD Q) m N 'e'®roare The Flcbcr Gl oup aIe �aMm aawleraanraa $7Elm S,— N—Ceeaon,Coneccn,t 11G48n KREGER RESIDENCE e La.e•.nreo nw 1085 Bay Shore Road Southold,Now York 8 ur.men asr8 o„u ee.)oFa �� �•� LNTRS HALL PAN[LING%I(71ON C FILING ri)GL D11 AIL, I ICAI)TRIM I)LTAIL..d STAIR I[ALL wA1NSC OT PANE LING tr(TION x A. HEAD TRIM DETAIL ENTRY HALL PANELING SECTION STAIR HALL WAINSCOT PANELING SECTION f rl NORTH r ------r- -------�----------'--------------------------- " , �� R --------------------------------------- ---- ��— c=)m 0 ------------------------------------- a) LIGHTING LEGEND � - Ia¢eaeo�wrtvum� II warn D Gv ¢ — eem�r�era Ln -------------------------------- ------ ,n,e.<u rwe,�eroceeneoreo q,w.e„ The Frcber Group , a]rin,Svcct LIGHTING and ELECTRICAL NOTES Ncw cc„ ��,,co.n�cocw naa�o �� . aemmouo°w`p"uame¢"`i,ore�n on'�w°��m,sarzgo�amere mireraa ^m•�• rl �c,wc.aam e�m ro m KREGER RESIDENCE rw.me cemo�u.yarn u.nur _ . i r� 1085>3,1, Road SoutholdN—,New York- rRM�en weer omv,aurtc�e n� "�� awaur au 000ras�e�mwe�irm ruo no waa"n.ner ooare.aae wvarec �` Ivn anon ew+neatraa r I_ � rIRST rLOOR LIGII IING 1'I.AN FIRST FLOOR LIGHTING PLAN oma,<r �e ..._L1.01 Noleru o ! _ m Cr m c P71 e j� ® P®V d a CD a L, nl The Flcbcr Group N.. aC anal C ,CnnniUlcut efiaAO I mac' KREGER RESIDENCE I085B3 y,' ILnad S_u bold,New Yerk 1 Sr(ONI)FI OOR I IGI[TING PLAN SECOND FLOOR LIGHTING PLAN --L 1.02 NH ----------------------------------- ------------- -------- ------- N C, NF =3 LO ---------------------------- rr) ------------- co rri C__) F9 0 Oj cm ---------------------------- Uj La 0 "J 0 rD 1 . The Ficber Group �7 rh"I C.............01,41. KREGER RESIDFNCF 1 OH5 tiny Y,...Road Southold,New York ---------- - ArlIC L161111—PLAN ATTIC LIGHTING PLAN -L1.03 m Q) a Q 0 J® - ate, LLJ a r IMorma _.... .. I ro yr^ t iwPi }Ir- ."„• wa.ew. Unflnished - t ael®IC� Storage Space -- I Ell lb '�ue ciAvw nni••••"•"M," - - --�— woo.er.o.a.uw. MU _ I __ _ '""�,•"t:"_`" �• tl• ,I, The Fleber Group A „m 47 Rl,n 9— "' T T T• Ncw C.—.,0-11f—06480 KREGER RESTDENCE 10M5 B.y Shoro Rood J Southold,Ncw York Al' Cand ROOF PI AN 3� ATTIC and ROOF PLAN ATTIC AREA NOTES .�'gQia..eee mawrn q,r.,w .-A1.04 o�®SUFFOC,�c® ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 C 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p • .1C Fax(631)765-6145 MARRIAGE OFFICER �� ®�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: January 8, 2021 RE: Zoning Appeal No. 7470 Transmitted herewith is Zoning Appeals No. 7470 for Michael Kreger: _Notice(s) of Disapproval J,!!!�_The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- Certificate(s) of Occupancy ,/Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) �Misc. Paperwork- +.ct s Wo• 9q,33 Copy of Deed(s) _Findings, Deliberations and Determination Meeting(s) Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) ,/Agent/Representative Transactional Disclosure Form(s) �7LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- ,/Survey/Site Plan Drawings Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/08/21 Receipt#: 277227 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7470 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1012 $500.00 Kreger, Michael Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Kreger, Michael 30 W 70th St#4 B New York, NY 10023 Clerk ID: JENNIFER Internal ID:7470 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF �Z) In the Matter of the Application of: POSTING !"`l dy—ta I K SCTM No. 1000- ss-, -3— (Name 3-, -3—(Name of Applicants) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I; c residing at 2 ,New York, being duly sworn, depose and say that: lam the( ) Owner or ( - gent for owner of the subject properly On the f day of , 201 personally placed the Town's Official Poster on subject property located at: indicating the date of hearing and nature of application noted thereon,securely upon subject property, located ten(10)feet or closer from the street or right-of-Way(driveway entrance)facing the street or facing each street or right-of-way entrance,* and that; / I hereby confirm that the Poster has remained in place for seven (7)days prior to the date of the subject hearing date,which hearing date was shown to be (Owner/Agee ature) PSN N S efore me this `��� •'�� o �'d'/� ,20 i 0 .a`y0T1RY <. _ PUe11C 01�1888,e:Q. * near the entrance or driveway enf Q �fi�ty, as the area most visible to passerby t TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK AFFIDAVIT; OF , In the Matter of the Application of- MAILINGS (Name of Applicant/Owner) G.VWSCTM,No. 1000- (Address of Property) (Section, Block&Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (e) Agent .57r?,4e.7 I,Cl„ residing at fl dodo /,A+$; �+*d #11w1e- New York, being duly sworn, deposes and says that: On the 19 k day of r�n*fl , 20 ,I personally mailed at the United States Post-Office in New York, by CERTIFIED"MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property ow;Assessors, s hown on the current assessment roll Verified from the official records on file with the( or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn,p to before me this day of Yl.1G�J1 , 20 02-� TRACEY L. DWYER 4 NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 (lVtary Public) QUALIFIED IN JCOMMISSION EXP EXPSUFFILK RES EOUNTY- 0 2DI9-- PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next - -to-the-o-wner-names-and-addresses_for_which notices_were-mailed_ All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ■ • ■ CERTIFIED ` /J Ln to J • rr- �. 1 ruru 1�t] r 1 } S. 11OMIMM5,7 ) ' r-, r_ 0952 17 Certified Mall Fee � 41 i 1952 p Certified Mad Fee $3-n 6i 1 c 06 ru $ .s fte) j(6 If rU $ ate) r- Extra Services&Fees(check box,add tee - f �' Extra Services&Fees(check box,ad$drea �P=T❑Retum Receipt(hardcopy) $ 1 ❑Retum Receipt(hardcoPYl - - Postmark C3 $11 Postmark 0 ❑RetumReceipt(electronic) $ — Here ❑Return Receipt(electronic) $ I 1 t•II I © ❑Certifled Mail Restricted Delivery $ 11_I Here Lal �❑Adult Si Mad Restricted Delivery $ Q <t�, �,;, Adult Signature Required $ Adult Signature Required $—�,,-rte C:3 [3 Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ _ O Postage $0.75 O Postage $ij o 7 J ry1�'t Ir $ IJ2/19/� .-1 r1Jru $ u2/19/2�12i 2171, rruu Total PostageandF s Total Postage and F s $�4 21;J $ S. t� Sent To d F > 'r 1� . � Sent To W K / '° E3 - ---- ------------------------------------------------------------------- r I Street and�}pt.No:,or PO Box No. O Street andApt.•0 or P,Q B°X;�•T ----------------- IL Ciry,State.ZIP 4■ I Cdy,St e,ZIP+4® l Z I + �JJ��`L� � � :11 •• 1 11 111•1' .. -. • � —' :11 1 11 111•I' TI ■ ■ • • © ■ ■ �! Q S J I •J • J 1 0 .. J t� ru Grew ! 11 1 fU (jtSr� �' 1 tr i L r_1. k4 �� A L 0952 .0 Certified Mad Fee $ �60 0952 `gyp Certdied Mail Fee $3.60 o pcp ilii r% Extra Services&Fees checkbox,add ree ,pprp�rate) `I� r`'ru $Extra Services&Fees(check box,add I iPo 111 rare) ( tardcopy) $ R�� Postmark .a_. ❑ Return Receipt(hardcopy) $-T— ❑Return Receipt(h O ❑ ) iJ,I_I I_I ❑Retum Receipt(electronic) $ Here O Return Receipt(electronic) $ ,c+ Postmark O ❑Certified Mail Restricted Delivery $ g1�9 i Ir_,_.�_ Here � � ❑Whiled Mail Restricted Delivery $ ❑Adult Signature Required $_�L;Fo 1 i�� O ❑Adult Signature Required $— 1_n•:•= []Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$ O Postage $0.75O Postage $0.7 02/19/2021 n-1 $ eq 02/19/2021 N $ eandFees'71 1 Total Postage and ef}s }i 1 rU Total Postag $7 x $ru t Sent To - co Sent To GL�}QYG r I W t fan/ --- 0 Stro- wind Apf No.,or PO Box No. O S[ieei andr�Appt..No.,I lr PO eox oo �� Vn------------------- P l N _ /D_v _ La�Y.-_'�•poa --- ------------------------- ---- = City,State,ZI +4® City State,ZIP+4 l Ty O f"A—Ixett N 1iek 14 I o B 1 11 111.1 :11 1 11 •1 :11 ■ • ■ , e m ■ ■ 1 ru So"T F I'V I A 1LJ N \ ,••p Certified Mail Fee $3.60 0952 M1 $ � v 11 Extra Services&Fees(checkbox,add fee pp ete) ❑Return Receipt(hardcopy) $ �"�•!'� C3 ❑Return Receipt(electronic) $ $0.iJt 1 Postmark 10 ❑Certified Mail Restricted Delivery $ - 1 II 1 � Here- , 0 []Adult Signature Required $ ❑Adult Signature Restricted Delivery$ O Postage Er $11.70 fU $ 02/19/2021 Total Postage and F s 1U Total ' $ cO Sent To r-q ''= ° --Jv.N-.'a r---------------------- C3 `Street andA t ,or PO,tBox A(I r- �.P .yo, it 7'r CityStale,ZIP+"®------------------------------------------------------------------- ?';-JV"U- Ny '91 ( , :11 1 1 I 111•I• _� ;: ',a W IVnendnwln to wau.na panlnl.6qu to Ipi,auu n,•1-11 ,l of 'R�6• , {,r •Liain pY 11644.n.wwu 401 c6 ul 14 S.Xlo mhmry do.Imu011 of nM �I.�L,,`.' f''' a �•IAiq;uw(rooi,na wa.d•ua..ed hcml r/u.un 0,640.qll LuIX q �i^ ,, .,,,• weuuldW whµil�o l71Jwil!u,.V4ry+wa.dd6�vX.. I h0 d p.ol nlu.nNnt ha.Wen ln.e.d to aul•Id.Ih N 71,110 i1 A IM BDEC 1,/)Lq.it W 1614 It.;IM lold Wp•rylaui aplepd b1....N04 al Ih. IYeBFG Inclooea0 Ly 2724q.n,.ha./,)t lsit h 10.,6694q n;upend Iha Nan • n tltlNl 1176 yX Intnnbp 11 lronl6.660.0,h.10 1 165qn t 4 !I ul II I IM ulNnlbn XYI wa1 pro011d pail I P 1 N Y/JJ had Iwnl WN1d Into kal Ohludwnc.Bult., As,u666 I.h. ""'d 0 X A—w441 W InOuud DY 65aµ.h.1,..12064111 1 61uch Ism'.X.lAnl wkkAli m.n .lIf IM Non NO Bad.J ANa.04 vu vrlll hs It..—of unp•I foul upl.W 1.1--o.. � wt.SOP - t).)-11.1 EPt11NG '- h•�, tt . -roar.•+u,ezvol.m•.IlnevlealeJeelne _ .t ._._•- a.nla.n...an„le�rpmlhbv,a(.rl"1«l �; I l N h a V4 11 pl.ase Ih L k Ih­d p6.7"N,Y Sw �'Y M1J H 'flsvl by namo nalyhabepcalud - M _`. •�° -,�y {,��� ••iOWNal Juu11p10'ILJII>L ON � .I CONSTR a 40� `° " I A 631 * 7 r. NOTICE OF EARING The 1*11—mg.'s pplicatlon wltl be hnprd by 11-Southold T— . •. •�^ • Bo:1rd.1 APpn•Jla VIA 200M WEHINAR REFER TO ZHA +. NAME: KREGER,M CHAEL #7470 �., t WEBSITE FOR AGENDA on htt southoldtownn ov SCTM#: 1000-53-3-13.1 VARIANCE:THIRD FLOOR REQUEST: ADDITIONS B ALTERATIONS TO SINGLE FAM ILY DWELLING DATE: THURSDAY,MARCH 4,2021 10:40 AM • You may r me Nl./.l a thn I a.bslle un r Town R—rdaM.bhnk:Z13N Board Actions/p.ndrng. 'u' ZBA OINc.lolaph—(671)765.1809 "t. 1 i Ij - a ,P 2/19/2021 � USPS Tracking® 0 FAQs Track Another Package -I- L4,1 r1 Tracking Number:70182290000072672153 Remove x Your item was picked up at the post office at 2:56 pm on February 23,2021 in SOUTHOLD,NY 11971. G Delivered February 23,2021 at 2:56 pm Delivered,Individual Picked Up at Post Office SOUTHOLD,NY 11971 Get Updates u Text&Email Updates u Tracking History u -n Product Information m a v See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. i i • PLETE THIS SECTI&ON DELIVERY ' ' � _ ■ Complete items 1,2,and 3. A. Signature 0 Agent ■ Print your name and address on the reverse XLeceived ❑Addresseeso that we can return the card to you. g, y(Print ame) C. Date of Delivery ■ Attach this card to the back of the mailplece, n or on the front if space permits. 1. Article Addressed to: D. Is delivery address iffere from item I ❑Yes S rr 11 If YES,enterdtellv2 M. dr s below: ❑No (�e . gig ltti'II X23 2021 I 3. Service Type .J ��+ ❑Priority Mail Express® II �IIIII IIII III I III III I II I I I III I III I I IIIII III ❑Adult Signature '� ElRegistered Mailrm s ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted [I Certified Matl® Delivery 9590 9402 5870 0038 0051 18 ❑Certified Mad Merrchchandise Restricted Delivery ❑Re Receipt for I ❑Collect on Delivery ❑Signature ConfirmationTm E3 Collect on Delivery Restricted Delivery ❑Signature Confirmation 2 j ir•.Iw N�„nhar_lTranefcr_frnm ccniirn Restricted Delivery 7018 229�01it.. . i?T,r r t 1<i:i j �j�gavQry}itl}j Domestic Return Receipt PS Form 3811,July 2015 PSN 7530-02-000-9053 USPS Tracking® FAQs > Track Another Package ♦ Tracking Number:70182290000072672177 Remove x Your item was picked up at the post office at 2:56 pm on February 23,2021 in SOUTHOLD,NY 11971. OV Delivered February 23,2021 at 2:56 pm Delivered,Individual Picked Up at Post Office SOUTHOLD,NY 11971 Get Updates Text&Email Updates u Tracking History v Product Information v m m o. Q 0 x See Less n Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs i' t t! 1 iii4 f 9tt , C6MPLtTEIMS SECTION,-' • ON ■ Complete items 1,2,and 3. -K-Signature ■ Print your name and address on the reverse X O Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Prin Name) C. Date of Delivery I j or on the front if space permits. 1. Article Addressed to: D. NJ delivery add I q item 1?-0 Yes If YES,enter pe Iw: 'p No It 1 v.oo� //7Y ] A- 3. Service Type ❑Priority Mad Express® j II I IIIIII IIII II I III III I II I I I III I III II III I I III ❑Adult Signature ❑Registered MaiTM l ❑Adult Signature Restricted Delivery p Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 5870 0038 0051 49 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise j 171-CHI—ton on DeliveryRestricted Delivery ❑Signature ConflrmationTm tl Matt , :-❑Signature Confirmation 7 018 2 2 9 00110 '72L7- 2177 -,'Amall Mall Restricted Delivery Restricted Delivery eoo> i PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt USPS Tracking® FAQs > Track Another Package + -14/:0 Tracking Number:70182290000072672160 Remove x Your item was delivered at 12:22 pm on February 24,2021 in GREENPORT,NY 11944. OV Delivered February 24,2021 at 12:22 pm Delivered GREENPORT,NY 11944 Get Updates v Text&Email Updates u Tracking History u Product Information u m CD a v 0 x See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs USPS Tracking® FAQs > Track Another Package + (,k'To Tracking Number:70182290000072672146 Remove x Your package will arrive later than expected,but is still on its way.It is currently in transit to the next facility. In-Transit February 25,2021 In Transit,Arriving Late Get Updates\/ Text&Email Updates u Tracking History v Product Information u T (D a v N See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs USPS Tracking® FAQs > Track Another Package Tracking Number:70182290000072672184 Remove x Your item was picked up at the post office at 2:56 pm on February 23,2021 in SOUTHOLD,NY 11971. G Delivered February 23,2021 at 2:56 pm Delivered,Individual Picked Up at Post Office SOUTHOLD,NY 11971 Get Updates\/ Text&Email Updates v Tracking History u Product Information v m CD a 4 A x See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs COMPLETE, • ONDELIVERY SIMPER. ■ Complete items 1,2,'and 3. , ,' • A Sign re, ., ■ Print your name and address on the reverse X O Agent � El Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. R ed by(Printe me) C. Date of Delivery or on the front if space permits. 11i j 1. Article Addressed to: D. Is deliveryaddress ifferen a iter? ❑Yes y If YES,eter delivery a ress�be(oW No I� r.„4 f�_ i l v. 6,y- /r n y T�w�� z 6��9 2 3 2021 w 3. Service Type `�P `','b 'Mail Express® ❑Adult Signature ---0 Registered MaIlTm II I Illlil IIII III I III III I II i I I III I III I III I II III p Adult Certified nature MailO Restricted Delivery ❑RDegVeryred Mail Restricted+ 9590 9402 5870 0038 0051 32 1:1Certified Mail Restricted Delivery [3ReturnReceipt for ❑Collect on Delivery IMerchandise n r-11-t.q Delivery Restricted Delivery ❑Signature Confirmation I 2. Article Number_(Transfef_from servica lahan—— all ❑Signature Confirmation l i 2 6 7 218 4 ail Restricted Delivery Restricted Delivery 7 218 2290 2202 7 Domestic Return Receipt PS Form 3811,July 2015 PSN 7530-02-000-9053 ss n 6 r7 i,>.s =C ® z3 . jRed:by-(PHnte e - • A. Signature • - • El Complete items 1,2,and 3. ® Complete items 1,2,and 3. 0 Agent ®Agent m Print your name and address on the reverse ❑Addressee ® Print your name and address on the reverse �( _,�� ❑Addressee so that we can return the card to you. so that we can return the card to you. - € Attach this card to the back of the mailpiece, me) C. Date of Delivery " ® Attach this card to the back of the mailpiece, B. Received by{PnM ame) C. Date of Delivery or on the front if space`permits. AN or on the front if space-permits. D. Is delivery address ifferent rovitem 1? ❑Yes 1. Article Addressed to: D. Is delivery address Iffere from Item 1? 11 Yes 1. Article Addressed to: rY $ n' I/� If YES,enter delivery a rens=belo`w:�fy)"•,p No - ( ` if YES,enter deJivery:gddrz@s below: ❑No pv0 OYrY~ ✓Oui'4oI� fFtk`ibryr� 7 G,1� '(FEB Q�x �1-7q � 11 9 G ` EB 2 ,/k 1 4? �� 3 2021 ; 7 1 1 11 3: Service Type .0Regiit Mail Expresso 11 NO �� � ���������� ��� �� ���I����� 3. Service.Type� �.a�❑Priority mail Expresso ❑Adult Signature ❑Registered Mail e J, " J 9p ❑Adult Signature, ����� El Registered MaIlTM ❑Adult Signature Restricted Delivery ❑Reg stared Mad Restricted ❑Adult Signature Restricted Delivery ❑Registered Mail flestricte ❑Certified Ma 10 - Delivery ❑Certified Mario Delivery 9590-9402 5870 0038 0051 32 ❑Certified Mal Restricted Delivery ❑Return Receipt for 9590 9402 5870 0038 0051 18 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Merchandise n r u�r�n Delivery Restricted Delwery ❑Signature Confirmation7m ❑Signature Confirmatlon"� 2. Article Number!Transfer from servira hhcn ❑Signature Confirmation 2. AI tlrJa-Ni mhcr lTranefar from cand�a r�r on- Collect on Delivery Restricted Delivery 9 I Restricted Delivery ❑Signature Confirmatwn 7 18 2290 00 7267 218 4 8il Restricted Delivery 7 018 2 2 9.q t:°4_ ;�, , i?•;,: r •!I: ;t 3:�4t rk4791}�eP�r;I I j Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i PS Form 3811,July 2015 PSN 7530 02-000-9053 Domestic,Return Receipt '0" 0 Complete items 1,2,and 3. A. signature l3 Print-your name and address on the reverse ❑Agent C so that we can return the card to you. "' ❑Addressee ® Attach this,card to the back of the mailpiece, B. Received by(Prin(e Name) C. Date of Delivery or on the front if space permits. 1. Article°Addressed to: D. 19 delivery addr I ere[t�t orr��,Item 1?` ❑Yes �� ��� : If YES,enter deliv gr�'address_we'l w: ❑No v✓` -,e fPV } � c: 1171 1 @7 gg p pp pp p gg © 3. Service Typed ❑PriorityMail Expresso ❑Adult Signature , 11 Registered MaiTM 11 Adult Signature Restricfed Delivery ❑Registered Mail Restricts -r=rt��y-�+.--t•�"v*'-�:*=T-zs ❑Certified MadO -Delivery . ._�-3 e.. z. ahs a- 'j'T z':zf,; q, 9590 9402 5870 0038 0051 49 ❑CertiSed Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery . Merchandise n rr.,vi on Delivery Restricted Delivery ❑Signature ConfrmatlonTb1 rt 7 018 2290 0 0 0 0 7267 217 7 Mail ❑Signature Confirmation p Mad Restricted Delivery Restricted Delivery 580) PS PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt' AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,MARCH 4,2021 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform.-Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted.The public will have access to view,listen and make comment during the meeting as it is happening via Zoom Webinar. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://www.southoldtownny.gov/calendar.aspx.10:00 A.M.-JIM BRODSKY#7466-Request for a Variance from Article III,Section 280-15 and the Building Inspector's December 2,2020,Amended December 8,2020 Notice of Disapproval based on an application for a permit to construct an accessory garage in conjunction with a new single family dwelling;at 1)located In other than the code permitted rear yard;located at:1895 Pequash Avenue,Cutchogue,NY.SCTM No.1000-103-7-15.10:10 A.M.- VINCENT BERTAULT#7467-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's October 22,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,and construct an in ground swimming pool;at 1)proposed additions located less than the code required minimum front yard setback of 35 feet;2)the accessory swimming pool is located in other than the code permitted rear yard;located at:95 Navy Street,Orient,NY.SCTM No.1000-26-1-12.2.10:20 A.M.-VINCENT BERTAULT #7468SE-Applicant requests a Special Exceptlon.underArticle III,Section 280-136(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:95 Navy Street,Orient,NY.SCTM#1000-26-1-12.2.10:30 A.M.-SAMUEL J. DIMEGLIO,JR. #7469-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's November 17,2020,Notice of Disapproval based on an application for a permit to construct a front porch addition attached to an existing single family dwelling;at 1)located less than the code required minimum front yard setback of 35 feet;2)located less than the code required minimum combined side yard setback of 25 feet;located at:2280 Deep hole Drive,(Adj.to Deep Hole Creek) ,Mattituck,NY.SCTM No.1000-123-4-6.10:40 A.M.-MICHAEL KREGER#7470-Request for a Variance from ArticleJll,Section 280-13 and the Building Inspector's January 6,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1)more than the code permitted maximum two and one-half(2-1/2)stories;located at:985 Bay Shore Road,(Adj.to Pipe's Creek)Greenport,NY.SCTM No.1000-53-3-13.1.10:50:A.M.-ROBERT AND DONNA DRUMMOND #7471-Request for Variances from Article 111,Section 280-15;Article XXIII, Section 280-124;and-the Building Inspector's December 16,2020,Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition with hot tub attached to a single family dwelling,and to legalize an"as built"accessory shed;at 1)"as built"deck is located less than the code required minimum side yard setback of 10 feet;2)"as built"shed is located in other than the code permitted rear yard;located at:675 Private Road#12,(Adj.to Corey Creek)Southold,NY.SCTM No. 1000-87-4-7.1:00 P.M.-COTTAGE ON THIRD,LLC#7472-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 13,2021 Notice of Disapproval based on an application for a permit to construct a new accessory pool house/garage;at 1)more than the code permitted maximum lot coverage of 20%;located at:850 Third Street,Greenport,NY,SCTM No.1000- 117-8-7.1:10 P.M.DAVID ZAPPULLA#7473-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 23,2020,Notice of Disapproval based on an application for a permit to demolish and reconstruct a new single-family dwelling;at 1)located less than the code required minimum front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%;located at:810 Linnet Street,Greenport,NY.SCTM No. 1000-48-3-13.1:20 P.M.- JAMES AND LAURIE CARNEY #7474-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 15,2020 Notice of Disapproval based on an application for a permit to 377e8c50-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 370 AFFIDAVIT OF PUBLICATION The Suffolk Times construct additions and alterations to existing single family dwelling;at 1)located less than the code required minimum front yard setback of 35 feet;2)located less than the code required minimum rear yard setback of 35 feet;located at:No#Equestrian Avenue,Fishers Island,NY.SCTM No.1000-9-6- 3.1:30 P.M.,-CHRISTOPHER AND.MARIAN BRIGGS#7477-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's January 25,2021 Notice of Disapproval based on an application for a permit to legalize"as built"deck additions to an existing single family dwelling and to legalize an "as built"accessory shed;at 1)as built shed is located in other than the code permitted rear yard;2)as built deck is located less than the code required minimum front yard setback of 40 feet;3)as built deck is located less than the code required minimum rear yard setback of 60 feet;located at:320 Oceanic Avenue,Fishers Island,NY.SCTM No.1000-9-7-9.1.1:40 P.M.- KONSTANTINOS DIAKOVASILIS#7465SE—(Adjourned from February 4,2021)Applicant requests a Special Exception under Article III,Section 280-136(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at: 2095 Ruth Road,Mattituck,,NY.SCTM#1000-106.-7-6.1:50 P.M.-SUFFOLK COUNTY ENERGY STORAGE 11,LLC#7463SE—(Adjourned from February 4,2021)Request for a Special Exception-pursuant to Article XV,Section 280-62B(5),the applicant Is requesting permission to construct and'allow for public utility structures and uses;i.e.,battery energy storage system facility;located at 69430 Main Road(NYS Route 25),Greenport,NY SCTM No.1000-45-5-1.The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each=hearing. Each hearing will,not start earlier than designated above. Files are available for review on The Town's-Weblink/Laserfiche under,Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http;//24.38.28.228:2040/Weblink/Browse.aspx?dbid=0. Contact our office at(631)765-1809,or by email:kimf@southoldtownny.govDated; February 18,2021ZONING BOARD OF- APPEALS,LESLIE KANES WEISMAN,CHAIRPERSONBY:Kim E.Fuentes54375'Main Road(Office Location), P.O.Box 1179,Southold,NY 11971-0959 377e8c50-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 371 tri y ,file - AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of Andrew Olsen,the publisher of The Suffolk Times,a Daily Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following-dates: -February 25,2021 This newspaper has been designated•by the County Clerk of Suffolk County,as a newspaper of record,in this county,and as such,is eligible to publish such notices. Signature Eliot T.Putnam P lriied Name Subscribed and sworn to before me, This.k day of ' " C 204 Notary SignatuxSW� 4y S'1.4TE � OF NEW YORK KOTARY PUBLIC _ 0IRE639844L1 c •� � •. �• , •Hyl Notary Public Stamp ��'�•,, fSSlp� X09-�C.,•�',`' 377e8c50-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 369 BOARD MEMBERS ®F S0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. �c® • �® 54375 Main Road(at Youngs Avenue) Nicholas Planamento �4rjr®U \a Southold,NY 11971 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 4, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the MARCH 4, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 10:40 A.M. - MICHAEL KREGER #7470 - Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 985 Bay Shore Road, (Adj. to Pipe's Creek) Greenport, NY. SCTM No. 1000-53- 3-13.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions,please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov Dated: February 18, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold,New York 11971-0959 �� F �, Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: February 1, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the MARCH 4, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. ^=f•�:';,-,�v�-f*�'1 r< "s,�,_s„�-;�.o �.. ,�,, .. Iry g; s-•=' to ti.,,';,-:, ra:.. , ^�s a— ;;�.��' '-:?,'d:.s=a+x- `G-'d: r'-t�. r. rh:,.s+ L•.� a.eelt c'``..i Cir -<`; e'er¢+..,, -+�Tn ''.+".'"�s. 7.:5 Y kis, "Kcs•.'t+�r"'%r a�; •r}-"Y y1y.5•i; .-r��ir .�.r'ie,s,,� .�:.•ate,"';._., �4`,',"<�•1 `�`- i4;�, .z �r• �r3�."�fiM.t`~.'.... Qyt'eB :,Ul?1G1 �IYrICh'111 '�ti+`' 1liF `e _ _ 4. r�� 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than February 24, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by February 25, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hey'' Page 2 Please send by - SSS .=.' fiet Lt%Yal2etuti�neceiu the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by February 19,2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kinif@southoldtommo.gov or elizabeth.sakarellosatown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937: Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2019>2019 http://24.38.28.228:2040/weblink/0/doc/1022250/Pa el.aspx. - ..�,,..�_... � .,-.k:;• ,� -2;. - ��.!�,.%.r... -..,�z' - ^i'=:,�x'<?tr•;�<'�i;,,� ,d,ri..d'; ,ate., - 4 '�' ?•'„ rX'"` " •moi�" - �•" '""�, =�� r P� 'AdTTRUC' 0 s,a-= _ - ____ ',k• - - '}-.` c v�...q„"7"��”Fr j��C;'z`?�: -'A;'',',�`•.. a'`.F'.. y,a'.v`a. �e� *'..,ig,; :'+r`• - "`Yts" ..• t ze:n H, ':' ,n.d,:. ^'a1:ws 'a-3�:..,.:s'x'`' .^, s =;�.<. "x5se.a:a•.t.a .3<,z• .f'-'�•,�, „' -_�;#^ z.:-„ ! t ,a,.,, a: •o_,t: ,€• ;" ,...•.p ! ;w 3: ri s"£•rt ,,';V `, E". z ter•'. "�".,. - € !"2 ,`;=u ..:iy: ,.,y..^. ,tz",_*�. gri',�a�_�s.c,:..,;�, }Fw;,;':.,•St L,7 f -y=-`• " a .}�'e e,�- CF,v.Si;__ �5 d" cri^ 6 �.,i*� .Ft"s3:,�. izt �,r -rs:. '.:..-•°>•�; y Chi e•x;s r ..K•Y` `.�.:i" x• ,�`�`:e.i S:�s_":(:,"2kY •' P�"4^�' . :=•'r x�a- `.s t, 'w,. '.;wy_>a-...S;-r� ; ani � �tl ,t ey F tlx�n x MCC :Y -`i"•*4.w ��� _'bc,�S �t+a�,a ,c y+" _ •c.s',' �.,,,,'�'tl-.i,. a t > o�k�mf a? you lio a-Mb + AAW&,: -;.�.#"��,;a-�'��;Ex's'!.��.�•�.• -,.s-'�� ����.:r;.,"s�,`,�:d;��--�z. -:r...<.`:_r�- - .;;,�,`;= � _? a`�=;"t;wa �. ��,v r _;•4•!. s.;a�y�n+�e•,�� -?•}i is", '..J•: - .;d..;�c'� �aa�r ��:`r"'\ti•,Vii;.,�;: •' �:+'Y...� `�4+�'�ra2n=;_'''�'� - �u" �`n t�•t�, ' 1' o'y/g.,�{d} -.,a..�`}�� ,-. ';ai.`'f..,.°��F.:i+_ �sa„`**:'a-rm�xTi_ t� i„%'+- - gat-��„��. _4..-i •+'::t:i-.:.�-=._,.-'a-�.��.;;�- SSP.,".c.,•C ,n��`_-- -a,=:s. -f�`c:: fs�i`,.-'d�'2i af'� .:.--L••r',''.; _.•;�i.:�S-��� ''3 _-'- `.i:s,�...�asv. "'S'"���v,.V' `.'ii"° '�,i'-�. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant • :TOWN Vv; '�'r.4 t yA•{ * n ` rr �3.- u ,.r.' w,F�;+.�;s" kr"�r i•��. r tr��r ' t NEN YOr7C AIEDL4 �� 1 t'i > 4 } � > �•y� 4 � -r {,... -- �" � y.. � �i { r ..ti �`1 �•j,�y�s :��*t`� �"` iL ,A�,i. � 'Srya'��,',i it 41rp „�" '�xy,. z `�'�"'��yr�t`��� � � }�ta� ' ,z " t rlr�_ y.'�� rY .yds: B" " •.E. y3. '�7.- MA I'l t y 1 + t+• s.da '-" '74 ` aca `i 4'f a l2.snn �va �a`'a�! e 1'. .�e .sk" 41t xA.aky o-d tr r"' :w-'i�-rc �' � zl";r' r 3n. b '� r ttr`c� 6 wTS.�;'T +� • +�i. ar ii+, .+� '•5 "4�°'�b T k�.x�f„Yv� y'�„'�'� `���r k 'Yr +' N, -' �' ICrK�u"krd— �,'g •� ET.» r' 3nr? c wi" v `r^ r+.l L =� e�$� � i���r�g +� '"��`p .tr �a . �+-�+•.t fD} `<� �k � t� F r ,� ti...rf, ! i ,X w '3ssror'48 A'Y «'Isr,ia,rf w^iY fj't t, .. '.h a` i sxr R VV -? L f ��` , jN ,�' Wgv+ti.,r� tr `I s� �5 *4 ix i t ♦ �'J} y�ra..*t ' f p,.,.�'t:3r{ e.�, f x•9F' �`'"',. '"s t":t'}"' r �,*coir a ti ,fir 1.3 'Y+ss {' hT'- iz ti,,y c= !! s- ," ,;'3"'i'`- v ;.J � ''�= ti..✓t c,' k" �5�.�',•. ��.�.'" f.'F"'''r t �ar Laserfiche Instructions ZBA Files Page 2 La_serflChe WAUn_k _ • -_ _ Aiy,Wmtink i riei r `Home,_arowsearrh TownOfSouthold>ZONrig Board ofiippeals'RBaj,= _ _ ti4::'^;�'_ - ��•-`�.: _ "ii ri i Icy„a�`,,4•S�'' .- - _ - _'ate-� - '.r_- - >',., f� �`�'t' �''u='•'�r""�I j;Y '.�___ ------�. .�...__.-..-�._..-. __ -7"�_ -..- .-_ _ _ __. _ - - --- -- - —� -- ---•Cpta.f,i-r�4,m.:rt,�sam..�e, --'y-�y.{-�-rr�:'h1 u a Zoning Board ofAPPeals me Paaemum (ZBA) Alphabetcal . andel -,2'Atiy, 7, f -03 W r8rne search Guides ,- - .. -- - -- - '- - Pa -d Meedngsthedules `-- Town015outholdl2orongBoa olAppeals(C .; BN i;1 Mumt A endasneplNowsaiewinp T Creation date (>; �'j Pending 7!10200112.17.16 Pfd i:('--"- -'-- -'--' -- M Reports Last tnodCied t stiEvent 5/2320171197:14AM _ Permits Tral� meMa2aA0tflrtais f:S.1NCfaddta�,.l�.�,y'Sa•-�_�{.ai. _ _ . __.._.. __. _.,_.._ .-....-. ...._.._-...- _. ...,._ .._ .-.. .. i 20A ,des No itletadata assigned ( Lel Bmeptlons ttuCode 280•toep)-__----- -_—' ----- - ---- ----.-- l --- -- ----- j 1 NuM&O.LWg _I__ :._ ,,:'�7�=. ZBA Bgaic of Mapped 1477 bdsBng Lots 184 « F1'r' ,i°81 �•'_iif ®Buetsdudules s AgreemenMCOFIXruM&LWses _--_.._......_-.._.....-.5 # Pagel off - _ 14 Erit fes Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. _•,r:•,­,xh..-._•••-•Wrll_ W.�c­ „nvK :r zu:,F-».=.:.nzsr �1sr�+v n..Ti �v^�m a•,cn:w ii q7 � q a- }}'� F'%-r� .1 'li'��c:.:x- `�7y,k;y,�'i''`+''�`, t'�''"`�`t•a t,h �� 'il "� �, ^i' �� �fi'O. ry g• `al�� \q �s�'L ( ;'�Lh> a'?�°�}0 .a:�'.. '� � D� ia�.;` �d �?jyi�et�i,i'ai�i�.Cefrtt�a3:r4�y�ToV."afld�tl�oP�^Ffsty.,,'.`,5a°tl��Go .t,' �' ��' ,�,,:.'r4 .aid•_`•-- '_ . fl iia b 0401- H - _ ^x„' .k'i'•h.�':',` - -_ :�:' vats:r •rte'^”�zLZ� +�ome _b�cwser' '•5;:�rEh'� ofSoi�ihWd�?�7.briipg,Bft�r`d'oEyyy-�1'�at�(Z9A��';SisaYd,�tdpn§y,Pentting`,_;�,'>��.,:�,, SCI- c T,$�''p�' fit- -,`V=',��:,=�,' �t+DAtTi�[•tyU.iB�}1h1AL� 4��uF,;f�L'iX',•,����,Lle�.�.�2°•��^iyi+�S�i��Fry� -__..___._.__.._ .._.__.-__..-.-. -.._ __._--�...._.__..................»_...._. ., 'Path ` Cleadon date f737aTii efld'iUotSi2ii6 6 3(28171f77if-EI&07ANS Al ' 73793atodorli,i5€1000� f = lastf*1fied G - - `' - — =— — -- — =---- --- -- --- — --' -- F 6J9=2.O :58:58 PM i _ 8�5pf�gr 1Q0,039$8 3 �73845fi,HNF,R` -1VIydQi�Resorgs�-CartiFBrot+nd_:1000=Ca3=5' r awm3 s&rried totpsw-13Y t No metad5ta ass}gned 'M 97366860 Bayview Drive-IJ_C 1600147,_5,11 0A IAaa7'6itlaracon;ri000slr9 1 I C7387-Hard Comet-sRE piAN=Arch Pians 1000.61-4 1 l � ��N7388=Minton'Irrev:l'nstt000.128�2-20` - -- la ii7389 BQritt 100(,71 7-4 1 � ( � ��7406•Nappa1000.88.1.7..w.-5 .,.......--' ..-.. �..,_..,.,...-�,W.......W,a_u .....,_.._.-.-.�.��,.,�..,, i 1- Page'1 of 1 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 i it �l Laserfiche Instructions ZBA Files Page 3 LaserflthaWebLmk"' - - �,, ." __ �. - _ ' - - p•I'aia�rci's`+gr`ibui A7yWebLddi I ifLd- Home Browsc'.'Search Toitmgt$Dudtold>2an1rtg6alMofA Is BA - - =+%=, - "_ _ { BoardActions `'-Name vagecwm �e ptaig`'-`e,Fy1 �t ,,� t'� „� ' x f ,f.Z.H11ryf70�7ert125:;,`�\a 7,Y{+ ' ru1 1979 957- + �(t'".```��`�•��'`''`' '' �q 1980.1999 __ _ _ _ -__ ____ path _'_ _ __•'---- --- ----- -- --- '- - --- -- ---- - - --- — 200 0 TownOfSotdholdVeningBoard , � ofApvealsCZWBoardWions Creadon date ' 2002 7/102001 1727:55 PM = � Ra 2003 ' last modlfied ( - --- ----— ------------ ----- - 3RBR01777.36-07AMq 2006 ' t-.___2005 . tadata�,ty',�s.,�i'�„l;.i+•_( ED 2006 No Inetadata dssigned ;R 2007 l i 2008 E@ 2009 2 DIO .yam _- 12012 jj [Q 2013 FS 2014 j 1 X2015 1 E32016 .S Or,2017 t. Above: Board''Actions are•listed by year. Click-folder to open. All Special Exception applications that-require Coordinated-SEQRA Analysis are stored in "Pending"., - ttmrc -:ein x-.;52ata1:�:-a'?�Qi�?Aldngsaa;,uT�tpy���sQ�,a_6e?Menalpknae?.]o,"J��-' �'" `,��••�•..•��•-�-••-•'�;_•_•l•.• _ __,_ _ - - 2017s.a.`,i�����77- ___ -___-=`-t_t'.+•'—.•_'= ____'P --d-_ _ -_ _1T" nitR.rt'- `.`w'iv .s,`:t '3`;i. "4' >:: ?NroEftl�lr��-��r'�'t�®�_ __ -._. _... --,...`36] .. ,- - _ -_'-.... Bovd Attlmn _`__. •__ .-_- ... ` ��-•� I 695] ^]8`'- Bm,A`AmaM' Path - iwAq!SOOtItelJS6rdgB0etd .� }rot fro BoxdANue A[tlOrn�2a17 r'I A09 66 Da Am 1@120179:1917 AM - tttHtmdlOM WWO1791&SI AIA •'-^f'-.:-- )} 1 0019 _ 67 µ _ _ _ __ Nami3adOtaavupned I 1 A1] A 9owdMbM 7018 _ _M_ _ --.•' -fio.NAdlom _ ._ _ _ I t7t(LD At9 SB 9oe,d NtbM A]ll e0 aoWAcOOM ' � ®Ail 59 ___-6aazd AtJbM - 1.� �A73 a]s eoamxnoM e99,d— i j�179:s 2te tlo.roxno,a 73 —d— m.27 lvdAtfloMA2) - - --- - -� -- ---- —,d Adsao ¢�Ate a] eoart7mo,c ' ®7029 a eovd— ' @ A91Ki . worn Arwn. Above: See listed File Numbers. Click on file you are searching. Laserfiche Instructions ZBA Files Page 4 hel Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. t I _ L-aserNehe�WebUnk •HOTri"e -8_rou/se search -' - - - - _ _ _„ _ - customize search — r Sort results by.-Relevance'v ' Records Management SenrcA y 7016 �Fletd name_ ,. s I Board Actions-83 page(s) i Cho_fielJ-� Page count 83 Template name:Board Actions Page 3 Colin and Kristen Cashel PROPERTY LOCATION-162 Lower Shingle Hill,Fiisher- 1 Paged 19.2017 07016,Cashel SCTM No 1000-9.1-26 minimus approval to remo_- RUN Pa ge 5 y 19,207717016 Cashel SCTM No 1000.9-1-26 GRANT.MevaruMes as_ Se hlesms Page9...000N&KRISTEN CASHEL SECTION 009 BLOC "I-y Page 20_Thomas Ahlgren(Cashel),PO Box 342 Flshers IslancLNY.. _Show more intormatlon.. i i ®7018 I I - j Board ANons-S6 page(s) Page count:56 Template name.Board ACtlot15 Page 49...9:30 A. COLINCASHELAND Varlames under Artide ldSection ANN_ =1 °'I Page 48..ance(s)KRISTEN CASHELs7016-Request proposed trellis looted In other Ilia. l z•Show more Information- ,Above: nformation_'Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax.Map No. (District, Block and Lot) using the format 1000-111.-1-1.•, �' _sn LaserffctieWebLrrik o .`nMV+ebUr tt t itelp,t,'Ar>ouc i sI ,-Home= Browse SearchTmmOzbulhold>Zoning Boar'do(Appeal$(MA);`MinutesJAgeiiCas/Lggal NgJiC Mia'An8S' 7 Minutes/Agendas/Legal _. Name_-- — PagemunL Notices/Hearmp I (,'31957-1979 Y _ i•a IBM yPropertlts" , '-d ,! 1980.1999 � ( p 2000-2009 Path TownofsoutholdLzorilng Board i I •'L,J-' 2010 of Appeals I ft3 2011 --- _- } (ZBA)V.tmuies/Agendas/LeBaI i in 2012 • NotiCesMeadngs r Creation date ,' f@ 2013 -, 7/108001 2.57.40 PM ( ,i fa 2014 -; Lau modified i ED 2015 --- --- - ------ ------ ----- 1211Ni0162.15:14PM i - - - - - - - - -- - - - - - - - - -------- - -- 2016 R Metada[a :'• -%' I C3 2017 ------- -- —_.,. 7 No metadata assigned t Page 1 of 1 11 Enti , 1 - _ .-- - - 'ossa:.c'mvi+s.m:neaaw+e.serl.emu�eiralY*tf rii»emis Ws'__ .. Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. • Laserfiche Instructions ZBA Files Page 5 Lasertiche WebUnk r�i • - Ab t - .;_" hryivebilrk I k p,t;At ci iar "H6eu`Biown Search 14- Yb;vh4fSo0tliokly;tunm8eoardotApp?a15Y�28'Ay>N6riuTes7A4 2017 J i Name CC it c"rytt�e'r x '4 ,-�u,� -•—•.��# L)ZBA-01105/2017 7 �."^:Er1ty,,P�apeltle^.>m:•,.,, S- - - ----------- -- -.. ._--------------------- -- — ---...-----`— ---- ------- -- ZgA.01/05nO17 Agenda 4 Path 1-',i ja ZB Ot/OSM17 Hearing 40 -i 7avat0f5outholdODn[ng Board ._-,I- _ _ . .__. _ _ OfAppeat5 r'. 4'�ZBA01/0520171N (LBA)1MIt10025fAgtiW."WLegal 3 S Z&4Ot/192617 2 _I Crea000 dateZOAAtn2 9/2017 Agenda - --- j 121162Q762:15;14 PSA ZBA-==2/2017 _ _ —___--_7 Last modl0ed i IA Z11A4D2/022617Agenda -` _•---_—,4__._-----_--_.- ---'----_.----------------- - 6/t9/201745359 PM !�f YZBA-02/02-017Hear [ e;g _i`,F.',,h iFRItl..._,I._.__.:�._._,._...�.I_ i ZBA-02/0212017 LN -- _ .. . 3 ZBA-W1612017 Agenda 3 I No metadata assigned .-a jj Z8A-02/t6W75peclal 3 sduie&�tewhl F Ell ZBA-03102/2017 7 ZRA-03/02/2017 Agenda 4 r ZBA-031=017 Hearing 65 `i i `ate ZBAQW02/2Ot7LN 3 s - Z11" 162017 enda 3 Q ZBA-03/162017 Special _3.. .. ... .. .. ... .... . ... ZBA4VGW 017 5 Ej Z8A4V%W7 Agenda 4 !:'1 L ZeAON062017Hearing Above: Agendas, Minutes and Transcripts are In chronological order. Revised 6/15/2020 i+I " TIi. E vF HEARli+ltj "he following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on Flttp : southoldtownnyqov NAME : KREGER MICHAEL # 7470 SCTM # mE 1000-53-3- 1381 ' I 'ARIANCE : THIRD FLOOR ULEQUESTm ADDITIONS & ALTERATIONS TO SINGLE FAMILY DWELLING SATETHURSDAY, MARCH 4, 2021 10 :40 AM You may review the file(s) on the town 's website under Town ^.ecords/Weblink : ZBA/ Board Actions/ Pending . "_BA Office telephone (631 ) 765-1 809 . . TG `t design temperature. The (I I i° space heaters shall not be stallation of one or le this section. used to achieve compliance R305.1.1 Basements.asemen ts. Portions contain habitable s °f bcrserne` I it I Exception: Owner-occupied one-f g Pace or hallways s nts to the approval of amily dwellin s subject height of not less than 6 feet 8 inches - .,g the haub. building official. g 2 aV - Exception: At beams girder ( 032 v, g rs duct's''` �U III inchesthe ceiling height shall be or �the o I � R304.1 MINIMUM ROOCTION M AREAS s (1931 mm)from the finish d floo ' Minimum are Habitable•rooms shall area of not less than 70 s all have. SECTION quare feet(6.5 m2). aiz a floor R306 I� I Exception:Kitchens. ) SANITATION T '7 11306.1 Toilet facilities. Every ' I 11304.2 Mini ` Provided i mum dimensions.Habitable rooms shall with a dwelling'.0 tysh I I Ill less than 7 feet(2134 mini shower. Fater closet, lavatory, and;jl"$;," in an be not bath J I Exception: Y horizontal dimension. Exception: P Kitchens. tlOwner-occupied one-farnil R304.3 II a Height effect on room area.PO approval of the building official. y dwelling ' a sloping ceiling measrtnOns of a-room with „ , Kitchen.E gs�su urin le ']11306.2 , furred ce' g' ss than 5 feet Each dwelling frig measuring less than 7 feet 21341524 mir►) ora kith a kitchen area and every kitchen unit shall'b64PrOd finished floor to the finished ceiling ( mm)from the. ink• area shall3 ; as contributin g shall not be considered Exce be provide ` that room. g to the niim �°i , 4nue habitable;`"" Phon: Owner-occupied one-f Ill azea for to the approval of the building anuly dwelhiigs sub' official. R306.3„Sewage Of pI I " nected to a sariit Plumbing CEILING SECTION 11305 disposal system. g fixtures shail•rbe` ary sewer or to an approved private,--Se�,con= 11305.1 Min' HEIGHT R 06.4 ; 'tge nnum height. Habitable s Water Supply ; q I i - �,I POrOons of basements cont ainin pace co. ected to ail apply to#fixtures.Plumbing fixtures s f;"; X14_1 J Office research done on Kiely's list of 3rd story "approvals". 4968 - New Construction — Edgewater II LLC ( Greenport) - third floor to be 990 sq. ft. (did not build) 5007 — Existing dwelling- Levine (Orient)—observation tower, no measurement 5330 — New Construction — Edgewater II LLC - revised the construction design third floor to be 1138 sq. ft. (did not build) 5815 — New Construction — Edgewater II, LLC - revised plans again reducing size of third level design to be less than the original size (original size was for 990 sq. ft.) but architectural plans show a third floor bedroom suite of 1,OW;q. ft. (????????) 6112— Existing dwelling— Planitzer (Fishers Island)—proposed renovation and alterations to the existing third floor (existing with a 20 foot by 20 foot master bedroom and bath with dormers). The third story will be reduced in scope by removal of dormers and the proposed renovations and alterations will be in the same footprint and not change the use of the third floor area as a master bedroom and bathroom. Approximately 375 sq. ft. 6245 — New Construction — Electrical Union third floor in the conference center — NOT A DWELLING 6391 —Existing— — NOT A DWELLING 6512 — Existing dwelling —Treanor (Orient)— denied and granted alternative relief—for storage only, a sitting area and access to the balcony. Sitting room approx. 221 sq. ft. storage approx. 155.5 sq. ft. 6519 — Existing dwelling — Kelly—Denied and granted alternative relief - Kelly (Southold) — the third floor area will not contain any bedrooms,sleeping areas, kitchenette or bathroom. Approx. 428 sq. ft. 6591 — New Construction — Peconic Landing — Apartment building — NOT A SINGLE FAMILY DWELLING 6620—(previously denied third story in #6487)- Existing dwelling- Buttafuoco (Southold)—not to be larger than 283.5 sq. ft. 6664 — Existing dwelling — Carbone (Fishers Island) — for a captains walk, observation tower approx. 200 sq. ft. rr11 6680— New Construction —Fordham House—Storage only, non-habitable * 6744— Existing dwelling- Kalaijian (Mattituck)—office/gym, "as built" approx. 1,100 sq. ft. 6800— Existing dwelling— Hovey (Southold)—to enclose a 286 sq. ft. roof top deck into a 234 sq. ft. seasonal structure. 6848 — Existing dwelling- Manfredi (Southold) — to construct a bathroom in what has been determined to be a third level. 98.25 sq. ft. 6904— Existing dwelling— Rosenbaum (Greenport)—"as built" no sleeping 625 sq. ft. 6920— Existing dwelling—Wexler (Peconic) - "as built" storage only approx.. 1021 sq. ft. 6984— Existing dwelling—Coritsidis (Southold) -observatory only- 156 sq. ft. 7200—Existing dwelling— Harper (Mattituck) - 3 d floor tower approx. 130 sq. ft. 7214 — New Construction — 8100 Hortons Lane, LLC (Southold) — In order to mitigate inconsistencies with LWRP policy standards, the applicant proposed elevating the structure to FEMA compliance heights creating a first finished floor at 14 feet. No other uses but a basement/garage/storage will be built at ground level.(FEMA compliancy). Unique property severely limiting the buildable area of the lot especially within the front yard leaving no feasible alternative but to locate a garage within the elevated foundation of the new dwelling. APPEALS BOARD MEMBERS - o��SUffO(�(-�►D Southold Town Hall Gerard P. Goehringer, Chairman ,may, 53095 Main Road James Dinizio,Jr. o P.O. Box 1179 Lydia A.Tortora A Southold,New York 11971-0959 Lora S. Collins � • !`F ZBA Fax(631)765-9064 George Horning '�Ql ��O Telephone(631)765-1809 i BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 25, 2001 Appl. No. 5007- MARK and HELEN LEVINE 1000-14-2-3.7 STREET & LOCALITY: 2510 Grand View Drive, Orient DATE OF PUBLIC HEARING: October 18 and October 25, 2001 FINDINGS OF FACT' PROPERTY FACTS/DESCRIPTION: Applicants' property is a 62,638 sq. ft. parcel known as Lot No. 3 on the Map of Grand View Estates at Orient. The lot is improved with a new dwelling, recently- constructed which is shown on the site plan maps dated August 21, 2001 and October 23, 2001. The lot has frontage along Grand View Drive of 43.96 ft. (radius), lot depth of 355.87 ft. on the west side, 397.48 feet on the east side, and 266.59 feet along the Long Island Sound. The January 27, 1999 survey prepared by John C. Ehlers, L.S. shows the crest of the bluff at about 110 feet from the northerly property line, with contours north to south, from 46 ft. at the crest to 28 feet (above mean sea level) at the southerly property line. BASIS OF APPLICATION: Building Inspector Notice of Disapproval dated August 10, 2001. The reason for the Disapproval is that there is additional construction within 100 feet from the top of the bluff which does not meet the requirement-of Section 100-239.4A, and there is a set of stairs and observation deck in the dwelling above the 2-1/2 story height limitation of Code Section 100-32. AREA VARIANCE RELIEF REQUESTED: Applicants requestvariances for an observation tower above - the second floor of the dwelling and for retaining wall structures within the 100 ft. bluff setback limitation, shown on the original plan dated August 21, 2001, and updated October 23, 2001. The setback from the topographic crest of the bluff to the retaining wall at the northeast comer is 70 feet, and approximately 75 ft. setback at the center point. ADDITIONAL INFORMATION: The Zoning Board of Appeals held public hearings on the matter on October 18, 2001 and October 25, 2001, at which time written and oral evidence were presented. Based on all testimony, documentation, personal observations by members of the Board, and other evidence presented, the Board finds the following to be true and relevant: (1) The subject of the bluff setback request relates to a concrete retaining wall and patio area, which the applicant wishes to place 70 feet at its closest point from the top of the bluff. The retaining wall has been constructed and was inspected by the Suffolk County Soil and Water Conservation District (SWCD). In its October 18, 2001 report, the SWCD determined that the bluff is well vegetated and found that the retaining wall and patio would not be detrimental to the bluffs stabilization. (2) The second variance request is for approval of an interior observation room with stairway. Access to the observation room is from a stairway located in the master bedroom, and the applicant has agreed to install a sprinkler system leading into the observation room, to assure + r Page 2 —Qctober 25, 2001 ZBA Appl. No. 5007 - Mark and Helen Levine Re: 1000-14-2=3.7 at Orient adequate fire protection. The observation room is to be used for the sole purpose of enjoyment of the vista from the Long Island Sound, and in no event will or shall be considered habitable space. (3) The total height of the dwelling, including the observation tower is within the Town code's 35-ft. maximum height limitation. (4) Under a separate application (#4791), the Board of Appeals on March 2, 2000 granted a variance to construct a single-family dwelling 80 feet from the top of the bluff, and to construct a swimming pool in the westerly side yard, provided that the side yard setbacks under the code are met. Nothing in this decision shall alter or change the approval and conditions set forth in the Board's March 2, 2000 decision. IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW 26713-3 "AREA VARIANCES," THE BOARD HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCE IS GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, AND DETERMINES THAT: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The retaining wall and patio will appear as part of the principal dwelling. The property is well landscaped and situated on a large 62,638 sq. ft. lot. The observation room will not cause the dwelling to exceed the Town Code's 35-ft. maximum height limitation and shown on Plan A-7 dated August 29, 2001, and therefore no unusual visual impact will occur as a result of its construction. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The retaining wall, patio, and observation room have nearly been completed. It appears that several design changes and numerous site plans led to confusion in the permitting process. None-the-less, since the structures are already built, without the requested variances, the structures would have to be removed at great cost to the applicant. 3. The requested variance is not substantial. The height of the structure is approximately 32 feet, three feet below the town code's 35-ft. height requirement. The variance granted herein is for a non-habitable observation room. The bluff setback of 70 feet for the retaining wall and patio is not substantial in view of large lot size and stable nature of the bluff. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The Suffolk County Soil &Water Conservation District has determined that the bluff is stable and well vegetated, and that the patio and retaining wall will not impact the bluff. The Board agrees with the County's evaluation. No evidence was submitted to suggest that the observation room would have a negative impact on the environmental conditions. Pagel— October 25, 2001 ZBA Appl. No. 5007- Mark and Helen Levine ��� Re: 1000-14-2=3.7 at -Orient BOARD RESOLUTION: Now, therefore, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT a variance from the retaining wall and patio at a setback of 70 feet at its closest point from the top of the bluff, all in accordance with the site plan dated October 23, 2001 prepared by Fairweather-Brown Design Architects, and be it further RESOLVED, to GRANT a variance for an observation room with stairway for non-habitable use only as shown on the August 29, 2001 Plan #A-7 prepared by Fairweather-Brown Design Associates, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install and activate a sprinkler system inclusive of the observation room; 2. The observation room shall not at any time, now or in the future, be used for sleeping purposes (non-habitable).- Vote non-habitable):Vote of the Board: Ayes: Members ehringer man), Dinizio, Tortora, and Collins. This Resolution was duly adopted (4-0 ember H rning Fis sl d was absent.) Ger rd P.4Goehringer, Chairman //-/-a/ J RECEIVED AND FILED BY TI!. SOUT.HCLD TOVFN C'LE K DATE V./o r DOUR 9:ys,ynr� APPEALS BOARD MEMBERS ,' pE Sig Mailing Mailing Address: � Ruth D.Oliva � Ql053095 Main Road•P.O. Box 1179 Southold Town Hall Gerard P.Goehringer, Chairman Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon ^�iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'�CDU 5��`' 54375 Main Road(at Youngs Avenue) Southold,NY 11971 S l l0G http://southoldtown.northfork.net J 9" .. ECE IVED ZONING BOARD OF APPEALS � TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 0 n FINDINGS, DELIBERATIONS AND DETERMINATION duthold Tow Clerti MEETING OF FEBRUARY 7, 2008 ZB# 6112—Russell E. Planitzer Property Location: South Side of Ocean View Avenue, Fishers Island CTM 9-11-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The property consists of 2.32 acres with direct frontage along Ocean View Avenue, as shown on the September 10, 2007 Site Plan prepared by CME Associates for the applicant. The premises is improved with a single-family dwelling, which dwelling is undergoing construction involving renovations and additions on the first and second floors (B,P.#33485=Z issued 10/23/07 and amended during December 2007). BASIS OF APPLICATION: Zoning Code Section 280-14, based on the Building Inspector's October 30, 2007 Notice of Disapproval concerning proposed alterations to an exifting third- story living area in a single-family dwelling, for the reason that the Code limits construction to 2V2 stories in height. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 10, 2007, states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Section 280-14 of the Zoning Code that limits the number of stories of a single-family dwelling to two and one half, for the proposed renovation Page 2—February 7, 2008 ZBA#6112—R. Planitzer CTM 9-11-3.1 and alterations to the existing third floor (existing with a 20 foot by 20 foot master bedroom and bath with dormers). The third story will be reduced in scope by removal of dormers, and the proposed renovations and alterations will be in the same footprint and not change the use of the third floor area as a master bedroom and bathroom. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the house has existed in its present form since 1973 when it was built in conformity to a building permit issued by the Southold Town Building Department which, upon completion of construction issued a Certificate of Occupancy that has, and still remains at this time, in force. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant wishes to continue the use of the third story of the house with some alterations to the outside of the structure. These alterations will decrease the degree of nonconforming by eliminating the dormer. 3. The variance granted herein is not substantial. In fact after construction, the nonconformity will actually be less. 4. The difficulty has not been self-created. The original house was built relying on a legal building permit issued by the Southold Town Building Department. The difficulty has been created by an administrative change in the definition of the legality of a third story of this house. 5. There has been no evidence submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an existing master bedroom and bathroom after alterations which will eliminate the dormer, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the September 10, 2007 Site Plan prepared by CME Associates, BD Design Inc. 10/22/2007 Drawings Exhl.3A, and 11/2/07 Elevation Drawings EX2.0, EX2.1, A2.0, A2.1, A2.2, A2.3, 10/22/2007 Third Floor Plan/Roof Plan Al.3A. 4 - Page 3—February 7, 2008 ZBA#6112—R. Planitzer CTM 9-11-3.1 / Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio and Weisman. (Chairman Goehringer and Member Simon were ent.) This Resolutio was duly adopted(3-0). U" Ruth D. Oliva, Vice Chairwoman 3/7/2008 Approved for Filing b BOARD MEMBERS Of SOOT Southold Town Hall Leslie Kanes Weisman,Chairperson ti0�� y0lo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Ken Schneider COO,�� Southold,NY 11971 (� http://southoldtown.northfork.net ZONING BOARD OF APPEALS RyC 1VED TOWN OF SOUTHOLD 4- ! : 3 Tel.(631)765-1809•Fax(631)765-9064 r FINDINGS,DELIBERATIONS AND DETERMINAIftld Totivn Cled MEETING OF August 18,2010 ZBA FILE: 6391 NAME OF APPLICANT: Southold Free Library PROPERTY LOCATION: 53705 Main Road and Traveler St., Southold,NY CTM 1000-61-1-15.1, 15.2, 14 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 14, 2010 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: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The Applicant's combined 77,589 sq. ft. parcels are located in the HB Hamlet Business District within the center of Southold. The northerly lot line measures 195.83 feet along Traveler St. The easterly lot line measures 508.79 feet along several adjacent properties. The southerly lot line measures 115.03 feet along Main Road S.R. 25. The westerly lot line measures 500.32 feet along an adjacent property. The existing buildings, and the proposed relocation of one building,the proposed main building addition, and proposed parking areas are shown on the site survey drawn by Robert Stromski, Registered Architect dated Sept. 18, 2009 revised 3/23/10. BASIS OF APPLICATION: Request for Variances from Code Section 280-46, based on an application for a building permit and the Building Inspector's October 13,2009,Notice of Disapproval concerning proposed addition to a commercial building, at: height exceeding code permitted maximum number of two stories. RELIEF REQUESTED: The applicant proposes to construct what has been determined by the Southold Town Building Department to be a three [3] story addition to the main Library building. This number of habitable stories is not allowed by Town Code and requires a variance prior to being permitted to proceed with the proposed construction. ADDITIONAL INFORMATION: The Applicant's proposed additions are subject to site plan approval by the Southold Town Planning Board. The Planning Board has submitted a memorandum dated May 24,2010 to the Zoning Board of Appeals expressing comments favorable to the application,and recommending approval of the Page 2—August 18,2010 ZBA Ftle#6391—Southold Free Library CTM 1000-61-1-15.I,15.2,14 variance relief requested by the Applicant. These three properties owned by the Southold Free Library have been the subject of several past decisions of this Board. In Appeal 3145 the Board rendered a decision dated Aug. 11, 1983 approving a combined single family residential use and accessory art studio use in a building located on parcel 1000-61-01-15. In Appeal 3256 the Board rendered a decision dated Aug. 14, 1984 approving the division of land which created two lots, 15.1 and 15.2, from 1000-61-01-15. In Appeal 3861 the Board rendered a decision dated Oct.4, 1989 approving an addition to the main Library building located on lot 1000-61-01-14. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law 6267-b(3)fb)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A public library is a permitted use in the Hamlet Business District. No variances are requested for any setbacks. The proposed addition will improve public access to the library by establishing a street level entrance and plaza along Main Street at the basement level of the existing library. The overall height of the proposed addition will be the same as the existing library and will comply with the maximum building height allowed by Town Code. 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,because a new three-story habitable structure is not allowed in Town Code except through the grant of a variance. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is substantial considering the fact that new three story habitable structures are not permitted under Town Code. However, the proposed addition is for an extension of an existing three story public building being used as the Southold Town Free Library,and such a public use presents a compelling reason to grant the variance for the proposed three story addition. The overall height of the proposed new addition,at 33.7 feet,will not exceed the maximum height of 35 feet allowed by Town Code. 4. Town Law 6267-b(3)(b)(4)No evidence has been submitted to suggest that a variance in this Hamlet Business District will have an adverse impact on the physical or environmental conditions in the neighborhood. There will be a significant increase to the available onsite parking, including more parking spaces for vehicles used by handicapped persons. Vehicle access to the parking will be by way of Traveler St., which is a less traveled road than is Main Road S.R.25,which will also continue to have a pedestrian only access at the front of the building. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created, and is a result of the architectural design chosen by the Applicant for the proposed addition. However,given the substantial difference between the elevation of the existing library building above street level along Main Street and the adjacent property upon which the addition is to be built, the proposed three story design is the most feasible for the applicant to pursue, since it will avoid substantial re-grading and the creation of potential drainage complications. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to Page 3—August 18,2010 ZBA File#6391—Southold Free Library CTM, 1000-61-1-15.1,15.2,14 GRANT, the variance as applied for, and shown on the site plan survey and architectural drawings prepared by Robert Stromski and dated Sept. 18,2010. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer, Dinizio,Schneider. (Absent was:Member Horning) This Resolution was duly adopted(4-0). RECEIVED Leslie Kanes Weisman,Chairperson Approved for filing �'/� /2010 -T---- Southold Town tlerl +-7-0 BOARD MEMBERSSOUlSouthold Town Hall SOF y Leslie Kanes Weisman,Chairperson �0� O1 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 'Q a�� 54375 Main Road(at Youngs Avenue) Ken Schneider coU(�(v,� Southold,NY 11971 ll ( fl\ http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 31 p Tel.(631)765-1809•Fax(631)765-9064 "'• l 2 8 2011 d �U FINDINGS,DELIBERATIONS AND DETERMINATION Q MEETING OF NOVEMBER 17 2011 S®�afh®I ®wn C16k ZBA FILE: 6512 NAME OF APPLICANT: Patrick Treanor PROPERTY LOCATION:"2055 Grandview Drive,Orient,NY SCTM#1000-14-02-3.20 SE RA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 14, 2011, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a two story dwelling containing 47,757 sq. ft. It has 150.00 feet of frontage on Grand View Drive, 318.91 feet along the southern property line, 160.00 feet on the western property line and 303.88 feet on the northern property line as shown on the survey prepared by Peconic Surveyors,PC, dated April 26,2005. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 and the Building Inspector's April 21,2011 updated September 7,2011 Notice of Disapproval based on an application for building permit for construction of a third story"as built"to an existing dwelling at: 1)more than the code required number of stories of 2 and ''/Z. RELIEF REQUESTED: The applicant proposes to use an as built third story as livable floor area for a new bedroom, bathroom and sitting space with balcony and attic storage in the subject dwelling presently under renovation. AMENDED APPLICATION. During the hearing,the applicant was asked to bring the plan into more conformity with the code. The applicant, on November 4,2011, submitted a plan describing the use of the proposed third floor for storage, a sitting room and access to a new balcony via sliding glass doors, bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: The applicant stated that the dwelling will be equipped with a fire sprinkler 1 system throughout. �J Page 2 of 3—November 17,2011 ZBA Filc#6512-Treanor CTM:1000-14-2-3.20 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3,2011, 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). Granting of the requested variance as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject dwelling structure is similar in size, mass and style to the majority of residences in this neighborhood. There is no evidence presented that the use of the proposed area of the third floor will be a detriment to nearby properties and the sitting room and balcony will provide the owner with the benefit of a water view from the third floor. 2. Town Law 267-b 3) b 2 . The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The use of a third story of a one-family dwelling requires a variance by code. 3. Town Law X267-b(3)(b)(3�. The variance granted herein for a third story use is substantial. However, the substantiality of the variance is mitigated by its use being limited to storage, a sitting room and access to a new balcony. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The entire renovated dwelling will include the installation of a fire suppression system (sprinklers) and gutters and leaders into drywells to retain roof runoff onsite all per code. 5. Town Law V67-b(3)(b)( . 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 U67-b, Granting the limited use of the third story area, as described on the amended plan, as storage, a sitting area and access to a balcony is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story limited use while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to DENY, as applied for, and GRANT ALTERNATIVE RELIEF, as described on the amended plan prepared by Robert I. Brown,Architect dated November 3,2011 labeled third floor,drawing no.: A3A A . Conditions; 1. The third story area shall only be used for storage,a sitting area and access to the balcony. 2. There shall be no interior doors installed on the third floor,except for a door at the tap of the stairwell to the third floor and closet doors as proposed on the above referenced third floor plan That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applying for a building permit the applicant or agent must submit to the Board of Appeals for approval and filing,two sets of the final architectural drawings conforming to the alternative relief granted herein.The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. v ] Page 3 of 3—November 17,2011 ZBA Filc#6512-Treanor CTM: 1000-14-2-3.20 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer, Dinizio, Schneider. (Absent w lember Horning) This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Ch rson Approved for filing / /2011 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson �*0 SOUTyo 53095 Main Road-P.O.Box 1179 �� l0 Southold,NY 11971-0959 James Dinizio,Jr. #t Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning a� 54375 Main Road(at Youngs Avenue) Ken Schneider COU IdT'1,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS R EI'VE D TOWN OF SOUTHOLD s3 Tel.(631)765-1809•Fax(631)765-9064 JAN 2 3 2012 FINDINGS,DELIBERATIONS AND DETERMINATIO QY MEETING OF JANUARY 19,2012 SoutholcrTown Clerk ZBA FILE: 6519 NAME OF APPLICANT: Patrick and Diane Kelly PROPERTY LOCATION: 215 Harbor Lights Drive(adj.to a canal), Southold,NY CTM: 1000-71-2-6 SEQRA DETERMINATION; The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Nov.3,2011,stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated November 29, 2011, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 20, 000 sq, ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 100 feet along a bulk head on a saltwater canal. The easterly lot line measures 200 feet. The southerly lot line measures 100 feet along Harbor Lights Drive. The westerly lot line measures 200 feet. The property is improved with a single family dwelling, an accessory in ground pool, hot tub, and a dock on the canal,as shown on the site survey drawing A 1 by Frederick R.Weber,Architect,dated Sept. 23, 2011, and last revised Nov. 1,201 L BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and Article III Section 280-14 and the Building Inspector's October 17,2011 Notice of Disapproval based on an application for building permit to construct additions and-alterations to an existing dwelling at: 1)less than the code-required minimum side yard setback of 15 feet; 2)less than the code required combined side yard setbacks of 35 feet;3)more than the code permitted number of stories of two and a half. RELIEF REQUESTED: The Applicant proposes to construct alterations and additions to a single family dwelling with existing nonconforming side yard setbacks,by expanding upwards within the existing building foot print. The Applicant has to request variances to retain the same 13.3 ft, single setback,and 26 ft. combined side yard setback that already exist, because the proposed construction increases the degree of nonconformity from the Code required 15 ft. side yard setback,and 35ft. combined side yard setback. The Applicant also requests a variance to construct third floor livable space consisting of a 392 sq. ft master bedroom-suite including a bedroom, a bathroom, and dressing,and sitting rooms,when only 2 1/2 stories are allowed by Town Code. Page 2 of 3—January 19,2012 �[� ZBA File#6519-Kelly t CTM: 1000-71-2-6 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code, particularly in reference to the design of proposed third floor living space. The applicant at the public hearing on Jan. 5, 2012 submitted a revised site plan that removes the proposed third floor master bedroom/bathroom suite, and shows a family room in the center portion of a 392 sq. ft. third floor, with storage areas on either side of this room,thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The Applicant's property was the subject to prior ZBA decision 44683, dated May 5, 1999 concerning the proposed construction of an in ground pool. The file contains a Letter of Non- Jurisdiction from the NYSDEC dated June 2, 1999,and two letters from adjacent neighbors stating support for the Applicant's proposed project. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1,2011 and January 5,2012, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property,an assessment of the character of the neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances for the proposed single and combined side yard setbacks will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The setbacks of the building's footprint were established when the existing single family dwelling was constructed in 1988 under a valid building permit. The footprint will not be changed by the proposed additions and alterations, Grant of alternative relief for the proposed third floor living space will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The third floor space will be created by roof alterations that will not exceed the maximum building height as permitted by Town Code. Adjacent neighbors submitted letters of support for the Applicant's proposed renovations. 2. Town Law X267-b(3)(b)(2). e benefit sought by the applicant to retain existing non-conforming single and combined side yard setbacks cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance.The Applicant has proposed alterations and additions within the existing non-conforming setbacks of the building footprint that will increase the degree of non-conformity,and therefore do require variance relief.The benefit sought by the Applicant to construct a third floor bedroom suite cannot be achieved by some method, feasible for the Applicant to pursue, other than an area variance because the use of any third floor area for livable space requires an additional variance from Town Code. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for a single side yard setback of 13.3 ft. represents a +11% reduction in the required 15 ft. setback. The variance granted for a combined side yard setback of 26 ft. represents a +25% reduction in the required 35 ft combined setback. Considering the facts that both setbacks already exist,and that the building footprint will not change,the two variances requested shall be considered as not substantial. The variance granted herein by alternative relief to construct livable space on a third floor is substantial, since third floor additions are not allowed by Town Code. The total height of the building will be below the code required maximum height of 35 feet. The variance is granted for space to be used only as a sitting room, and for access to storage areas, and to a proposed attached roof deck as shown on the revised site plan AS drawn by Frederick Weber, dated Dec. 30, 2011. The entire building will be equipped with a fire suppression system. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The alterations and additions will be constructed within the existing building footprint. Storm water runoff will be contained onsite as required by Code. 5. Town Law&267-b(3)(b)(�. The difficulty has been self-created. The Applicant purchased the parcel after the Zoning Code was in affect, and it is presumed that the Applicant had actual or constructive knowledge of the limitations on the use of the parcel under Zoning Code in effect,prior to,or at the time of purchase. Page 3 of 3—January 19,2012 -D ZBA File#6519-Kelly CTM: 1000-71-2-6 6. Town Law 5267-b. Grant of the requested relief for single and combined side yard variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. Grant of alternative relief for the construction of a third floor sitting room, with access to a roof deck and storage areas is the minimum action necessary to enable the applicant to enjoy the benefit of third floor livable space,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 Horning, seconded by Member Scneider, and duly carried,to GRANT, the variances for single and combined side yard variances as applied for, and shown on the site survey drawing A 1 by Frederick R.Weber,Architect,dated Sept.23,2011,and last revised Nov. 14,2011. DENY,the variance for the proposed third floor addition,as applied for,and; GRANT ALTERNATIVE RELIEF ,as shown on the site plan labeled A1, drawn by Frederick R Weber, dated September 23, 2011, last revised November 14, 2011 and the architectural drawings all dated September 23, 2011, revisions noted for each page, labeled A2 foundation dated revised September 26, 2011, A3 I`floor dated revised January 5, 2012, A4 2nd floor dated revised December 30, 2011, A5 3`d floor dated revised January 5, 2012, A6 elevations dated revised January 5, 2012, A7 elevations dated revised October 12, 2011 and A8 sections dated September 23,2011. Conditions: 1.The third floor area will not contain any bedrooms,sleeping areas,kitchenette,or bathroom. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: ayes:Members Weisman(Chairperson), Goehringer,Schneider,Dinizio,Horning. This Resolution was duly adopted(5-0) I 1[ZV4 Leslie Kanes Weisman, Chairperson Approved for filing,„/ U /2012 FREDERICK ROBERT WEBER l �.i ARCHTTEC7 RECEIVED JAN 18 2012 BOARD OF APPEALS luul I - —i i I / 1 - - DRAWING TITLE. _ blqF, of 3RD FLOOR P - _ - _ ! j I JOB, i RENOVATION/ ADDITION KELLY RESIDENCE _- — S HARBOR U y ORNE ` 1 �i� TOAIH OF SOUTHOLD Ef` `!-Iv�W--baw F \ { 1 _L BCTN6 1000-91-2—L i ARCHITECT: j ii W FREDERICK R.WEBER 0 11 BAST ROAD GREENLAWN.L NWN,NY 11140 52 NOYAC PATH WATER FALL,NY 1199L ! e i TEL 631 951-5555 LJ i FAX L311L1-064 11 1 I 5EALa L--_ --1 a- -- - _ REY:�I�°I;2(y_ZoIS- DATE:SEPT 23,208 SCALE:I'=20' JOB NO. W201105 DRAWING NO. FINAL MAP THIRD FLOOR PLAN N°�I� REVIEWED BY�BA Qg _ SEE DECISION# 1 . DATED OF Aa ! 1 a01 Y I I BOARD MEMBERS 1 soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� liy� 53095 Main Road•P.O.Box 1179 h0 �O Southold,NY 11971-0959 Jt Office face Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ',�?►� • �� 54375 Main Road(at Youngs Avenue) Ken Schneider ��COUNTI Southold,NY 11971 http://southoldtown.northfork.net r/ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R CE1V D 0S Tel.(631)765-1809•Fax(631)765-9064 `t— a MA 2 8 2013 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21,2013 ZvqClerk S thold ZBA FILE: 6620 NAME OF APPLICANT: Shamgar Capital, LLC (Daniel Buttafuoco) SCTM 1000-70-13-20.7 PROPERTY LOCATION: 1165 Kimberly Lane(adj. to Southold Bay), Southold,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2013, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued a recommendation dated January 31, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 52,318 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 345.89 ft. along an adjacent parcel. The easterly lot line measures 123.52 ft. along Southold Bay. The southerly lot line measures 354.32 ft. along another property, and the westerly lot line measures 153.71 ft. along Kimberly Ave. The property is improved with a single family dwelling which is shown, along with proposed additions, on the survey and site plan pagesi-7 drawn by Gerard. E. Meyer, Architect, with revisions, last dated Aug. 13,2012. BASIS OF APPLICATION: Request for Variance from Article III Section 280-14 and the Building Inspector's October 21, 2012 Notice of Disapproval based on an application for building permit for construction of a third story addition at: 1)more than the code required number of stories of 2 1/2. RELIEF REQUESTED: The Applicant requests a variance to allow for a livable area of 283.5 sq. ft. on the third story, where Town Code only permits 2 '/2 stories of livable area. ADDITIONAL INFORMATION: The property was the subject of prior ZBA decision 6487, dated Aug. 18,2011, Where the Board denied a request for a variance for the construction of a three story structure. This new request for a variance is substantially different from the original request, in both concept and construction design, so therefore this Board considers that this request is different enough to merit being considered as a new application. At the Page 2 or 3—March 21,2013 Z SA File#6620—Shamgar Capital,LLC SCTM• 1000.70-13-207 public hearing the applicant was asked to provide information on any other third story variances granted within the town. On March 15, 2013 the Board received documentation from the applicant's architect, Gerard E. Meyer, citing 6 prior decisions by the ZBA granting third story non-habitable space similar to that proposed by the applicant. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2013,that was adjourned upon Applicant's agent written request, and on March 7,2013, 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 proposed sitting area on the third story will not change the height, or overall exterior appearance of the single family dwelling. The proposed building height of 31.8 ft is below the code permitted maximum height of 35 feet and it keeps an appearance of a 2 %i story dwelling. The finished sitting area will be 12+% of overall attic area, and the entire attic area contains+/-26% (considerably less than half) of the area on the second story. There will be only one reverse gable window in the roof over the finished sitting area to minimize the appearance of a third story. 2. Town Law 4267-b(30)(2).The benefit sought by the Applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the Applicant can conceivably design a structure that conforms to Town Code in the number of stories, the Applicant seeks to construct a 283.5 sq. ft. finished sitting room with access to an outdoor deck, in a third story location, which as it is defined by Town Code, requires a variance. 3. Town Law $267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code.However,the finished attic space represents+/-12% of the entire attic sq. ft area, and the attic is +/-26%of the total sq. ft, area of the second story.The remainder of the attic area will be reduced in height and used for storage only.Additionally,the entire house will have a fire sprinkler system installed. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and all other applicable local,county,and state codes, including, and not limited to,all fire protection codes. 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 4267-b, Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a sitting room in a third story location, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning„ seconded by Member Weisman (Chairperson), and duly carried,to GRANT,the variance as applied for, and shown on the site plan and architectural drawings labeled pages 1-7 drawn by Gerard. E. Meyer, Architect, with revisions, last dated Aug. 13, 2012. Subject to the following conditions: Page 3 of 3—March 21,2013 Z13A File#6620—Shamgar Capital,LLC SCTM: 1000-70-13-20.7 CONDITIONS: 1. The third story livable area of 283.5 sq. ft will not be further enlarged or expanded, and will not contain any bedroom,bathroom, dining, or kitchen space 2. The dwelling shall have afire sprinkler system installed per NYS code. .That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Horning,Schneider. This Resolution was duly adopted(4-0). �� )[ew Leslie Kanes Weisman, Chairperson Approved for filing 3146 /2013 0 BOARD MEMBERS OF Sour Southold Town Hall Leslie Kanes Weisman,Chairperson yah yp 53095 Main Road-P.O.Box 1179 Eric Dantes ~� Southold,NY 11971-0959 Mcf,Location: Gerard P.Goehrin er g w ac Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider Mu Southold,NY 11971 http://southoldtown.northfork.net RE EVE ZONING BOARD OF APPEALS 0 TOWN OF SOUTHOLD 3 Tel.(631)765-1809•Fax(631)765-9064 k Q 6 2413 Sown Clerk k FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 22,2013 ZBA FILE: 6664 NAME OF APPLICANT: Ralph M.Carbone,Jr. SCTM 1000-1-2-5 PROPERTY LOCATION: East End Road,(aka Castle Road)(adj. to Block Island Sound)Fishers Island,NY SEORA DETERMINATION,: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 24, 2013 stating that this application is considered a matter for focal determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated July 2, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action to maintain an existing third story enclosed captain's walk at a height of 39 feet is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. It is our further recommendation that although the proposed action to locate renovations to an existing residential building at less than the Code required 100 feet setback from the top of the bluff, has been determined to be INCONSISTENT by the LWRP Coordinator with the LWRP policy standards, and therefore is INCONSISTENT with the LWRP, the extensive bluff restoration project plans undertaken by the Applicants do incorporate the comprehensive ideas and recommendations of all other appropriate Town and County agencies, including recommended techniques for the bluff restoration, the planting of native vegetation, and the idea of leaving unused portions of an existing foundation on site and intact as part of the bluff erosion protection plan, and therefore does significantly mitigate the coastal environment concerns as expressed by the LWRP Coordinator, enough that this Board recommends that the proposed renovation project to the existing building is CONSISTENT with the LWRP policy standards. PROPERTY FACTS/DESCRIPTION- The Applicants' parcel is a 3.24 acre waterfront property in the R-120 Zone. The northerly lot line borders an adjacent 0.94 acre parcel also owned by the Applicants. The easterly lot line borders another parcel. The southerly lot line borders Block Island Sound, and the westerly lot line borders other residential property. The parcel is improved with a single family dwelling, with areas of decking, an Page 2 of 4—August 22,2013 ZBA#6664—Carbone,Jr. SCTM#1000-1-2-5 attached garage, and an in ground swimming pool, as shown, with proposed renovations and additions, on the survey drawn by CME Associates Engineering, Land Surveying, & Architecture, PLLC, dated March 7, 2013, and last revised on May 07,2013. BASIS OF APPLICATION: Request for Variances from Article XX1l Code Section 280-116 and Article III Code Section 280-14 and the Building Inspector's April 16, 2013, amended May 13, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to a single family dwelling, at; 1) less than the code required 100 foot setback from top of bluff, 2) more than the code limit number of stories(2 %2)with a height of more than the code limit of 35 feet. RELIEF REQUESTED: The applicant requests a variance to construct additions and alterations at+/- 13 feet setback from the top of the bluff where Code requires 100 feet, and another variance for a third story at a height of 39 feet, where Code only allows 2 'Y2 stories at a height limit of 35 feet. ADDITIONAL INFORMATION: The Applicant's have secured the Board of Southold Town Trustees Wetland Permit 48043 dated Jan. 18, 2013, the Coastal Erosion Permit #8043C dated Feb. 20, 2013, authorizing extensive storm eroded bluff restoration, and the Wetland Permit #8215 dated June 19, 2013 authorizing the construction renovations on the Applicants' single family dwelling. The Applicants' have also secured a NYSDEC Tidal Wetlands Permit dated Feb. 27, 2013 authorizing the bluff restoration project. The Applicants' file contains other very relevant documentation including a memorandum from the Suffolk County Soil and Water Conservation District dated June 19, 2013 issued after a site visit by a County Soil District Technician. The memorandum includes several pertinent observations and recommendations for the Applicants' site regarding actions to safeguard the bluff during the bluff restoration and building renovation and construction, and a listing of preferred methods to be undertaken to stabilize the bluff,and specific actions under taken to attempt to prevent further future bluff erosion, The memorandum and related material submitted detail preferred bluff re-vegetation measures, provides a catalog of native plant selections, and further recommends that the portions of old building foundation facing the bluff, seaward of the Coastal Erosion Hazard Line, that are not included in the renovated building footprint be left intact, and not be removed, in the effort to help stabilize the bluff. The file also contains a detailed work description titled "Carbone Slope Stabilization Project" dated Jan 10, 2013 as developed by the Ocean and Coastal Consultants Company. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on July 11,2013 and August 8, 2013,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicants are reducing the seaward footprint of the existing building. Features such as a captain's walk were common and customary to residential buildings in past decades, and the 70 sq. ft. feature has existed on this building for many years. None of the Applicants' proposed renovations will create a change in the residential character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for the proposed renovations cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because a large portion of the existing building lies within 100 feet of the top of the bluff and therefore the renovations require the grant of a variance. The benefit sought by the applicant for the enclosed third story captain's walk at a 39 feet height cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because Town Code allows only 2 '/z stories at a maximum height of 35 feet. 3. Town Law §267-b(3)(b)(3). The variance granted herein for a 13 feet setback from the top of the bluff is mathematically substantial, representing 87% relief from the code. However, the Applicants are actually reducing Page 3 of 4—August 22,2013 ZBAN6664—Carbone,Jr. SCTM#1000-1-2-5 the seaward footprint of the existing building, and are applying substantial financial resources to bluff restoration necessary because of storm related erosion. The variance granted herein for a third floor space is mathematically substantial representing 100% relief from the code. However,the space was built years ago by previous owners, its removal would require expensive roof re-construction,the 70 sq. ft. area is quite small in relation to the overall size of the entire house,and this area will remain non-habitable. 4. Town Law &267-b(Ub)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicants have incorporated the extensive input of the Southold Town and Suffolk County agencies responsible for safeguarding the coastal environment into their bluff restoration and building renovation projects. The Applicant must comply with Chapter 236 of the Town's Stonn Water Management Code and all other applicable building Codes. 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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a building renovations and use of an existing enclosed captain's walk, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried, to GRANT, the variances as applied for, and shown on the survey drawn by CME Associates Engineering, Land Surveying, & Architecture, PLLC, dated March 7, 2013, and last revised on May 07, 2013, and the architectural drawings by Catalano Architects, Inc. dated 5/13/13, pages AO.1,A D.1,A1,0 — A1.5, subject to the following conditions; CONDITIONS: I. The existing enclosed third story captain's walk will remain as non-habitable, non-conditioned space to be used only as an observation tower. 2. The third story space will not be enlarged, and will not be outfitted with beds, tap water, or any type of kitchen appliances. 3. The third story space,and the access to and from it will comply with all applicable State,and Town Fire Codes. 4. The Applicants shall obtain a valid CO for the existing swimming pool within one year of the date of this decision. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible dental by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than.such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4 of 4—August 22,2013 ���-� ZBA#6664—Carbone,Jr, SCTM#1000-1-2-5' Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider, Dantes, Horning This Resolution was duly adopted(5-0). /ro-k� Leslie Kanes Weisman,Chairperson Approved for filing g/a4 /2013 I I i __ _ I _ _ 6/a•rAVER s•rv+•r,aDAR C`� ^�\ I w - � s/vacE.r.ERn usiccA-A_nTeu 9'LENGMi REa.Tr-_a..A 100000�0 r ^A �'I�: fJllTA01EREDiPoMEVeRA,E .:�I:1 ' "N i,I:I::: Razv/•vm6wnwNGwRfAEF i:N \ I ai.Fl:i!.�, BBlw cur RCrf !i^:i; i,5;•+ -- '?i.eiz;ji '?'•:'i:: rB ucBvmoonTE !�::i!.. i'!' [OPPERGUTTER 'I''' "'"; TGrAYCR<BELdI iii 'OYMGB W'COPEi MANGEL5 ;,II':'I:i:I'-I`' '—.._ _� 5V/D•PcR NnVGERS ;• b �'r i,p i.' I ' r FATERgR FA.'ECF H.L EELCIV I : I I � 610 Fl inpER 6AWN REUL.UAL 7 I I ( 1 I I r TAKE,LERM1LA:T,�AIREATEV 1 _' I �'FNGnIr.P.E eJT-ED wo /�Ay 1 � /l RE JC`lE0 Nr 6'ea06LP� �U i ; OIER H:EB vA/ER6F1ELDiY✓ C RG'JITFR , NI J'RT_R HAVGER6 i :,: • / I w � 212 , , • `is ,r rr ERTER'OR FCEOF'wnLL UEWN r. I I EFEIINGROOF5IR:KTURE I W'P3 Gu1TER I M10 ROOfNGroRE4NN I •� /rt'Ff'ER HFNGEL N'1/EIAGIE RY i00F I F �NIxrNANALAIAG6URF/LE ®---- ---------- ------ --E1fIERRIR FACEOf WALL BCION____'-I L I � 21i1YRY. I� --1 ------ ---_-_---__-- i---------- �r / — EusiWG ROOF SiRUCNPF � V � , \ � IID P.UOFING iOREFWN I W � \ 160E REDCOPPER01"E11 �_—__,_ _ _ __ 'r•\ �i:•�, RID.,E6MTED FRUM � I I �I �'��1'��•� NEW GABLE ROBE i `\ I 00 I IIiI i:!i i'('„" LYFR FUYSTING � _ .I ` I ; i'r.I Ir• MiRCOF 1ON6111'ERBBF- ` i 06HU7ALE Q<WALLeEIdJ Sla RI TAPER 6J1tt1 REO LFDAe 1 I I I I,I FULLYACMEREC EHAKE¢LD UBTCCATREATFD i:�I '�!:i;ri:: 1PUYFMBRANE ROBF B LENGTI6,RE eJr1ED A\D RE JOPEDWI6'EVO6URE �s :I:I!i ::Ii ilil::l I LLLLOOOO IpI.r(.// • OYERILEBNAIEI[SIIIFIOM ,,, NEYEERON ER "�YC� n \ ;;Iii I OIER FAIDIIAG ROUE I MAY 14 Ii., •'a � rr�Y I2013 ROARD LS I%' II"":II isioPi iB'.:c'IRd II . ,�' r .�;;;,•� ;;;;...;��",r�;;!-i-;, ::_ - _ _ _ FINAL MAP <�+ //lC Er,`' i ••••••••• •",,•;"...,"•, 6/a AIfAPER9AXV RED CEDAR I _ ______ J , 6' fil«REmLB-L,STW TREATED -'��1 RR FREE Bf wALL6E,d, REVIEWED BY ZBA m !�• - �e•IENGiNs,RE aurtmAAm _ ,` m REORaBF --- eEAIAN�wrsEvoslraE "f'. ':I SEE DECISION# .._____ .... WniFRSH EL--- ._ ..._._.... ! I :._:_____ _ _ I DATED �/a/ I3 – — w,mPPER NG R- I , Attic/Roof Plan �1 ELOPER CMTE4 w1 ®CBI6®10 Nc1111eCLT 11¢ 4;Y .�.. •r FINNLI � 1 ;'y'! y ,, rte.s ��;�•.. I Carbone Residence �9&Ki'� Castle Road, '-•,, _- �El]61RG� �� •••aha..., _ `� Fishers Island,NY 0 2' 4' 8' Attic&Roof Plan cavNEr lncnn:x � `''`I.f,,/•/./`\`\ m SCALE 3/16'= 1'-0" m vara EasrwG Rmf,' 4`e, 'S` •- Isiiz mPae GurER DATE 5/13/13 } Catalano Architects Inc. �!N 115 Broad Street ,'i - o "I• Boston,Massachusetts 02110 hone 617-338-7447 W COPP.RNAVGER3 _ ; r. ac. a,17-338-6639 ------�----- -� f ! f E,8•J>TNERdMYN KFDCEJAR r� S+ARE,CcRMLAGi CCATRFATFD u•.ENGMs,e=_Ew*E„Im � `! ` R%.W NEC Wr fi'EWfJ6LRE / uJERlrswniERGLnaDrrr � ^` a 2 Ca tain's Walk Roof Plan 1.3 S E 3 1fi= 1 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman Chairperson �QF $�Ury h�� p�0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G N Town Annex/First Floor,Capital One Bank George Homing p i� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU NTY,� Southold,NY 11971 ��G) C/" http://southoldtown.northfork.net ZONING BOARD OF APPEALS R CEIVE TOWN OF SOUTHOLD Y 2 Tel.(631)765-1809•Fax(631)765-9064 MA 2014 S �thold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MAY 15,2014 ZBA FILE: 6744 NAME OF APPLICANT: Stephan Kalaijian SCTM#1000-112-1-18 PROPERTY LOCATION: 1977 Bergen Avenue (aka Private Road #12) (adj. to Long Island Sound) Mattituck, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 22, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 24, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: Subject property is located in a split zone AC and R80 districts and has an area of 146,811 sq. ft. It is improved with a two story framed house with attached garage and decks; it has an accessory in-ground swimming pool and a shed. It has 174.35 feet along a 20 foot right of way(aka Private Road #12), 913.91 feet along the eastern property line, 168.14 feet on Long Island Sound-and 844.29 feet on the western property line as shown on the survey dated May 21, 2012 last revised March 27, 2014 prepared by Nathan Taft Corwin, III,LS. BASIS OF APPL ON: Request for Variance from Article III Section 280-14 (Bulk Schedule) and the Building Inspec is FebNary 19, 2014 Notice of Disapproval based on an application for building permit for conversion oft,,,,.aS built' 3 a floor space to habitable space. RELIEF REQUESTED: The applicant requests a variance to convert the third story into habitable space to be used as a home office and gym,where the code allows a maximum of 2 %i stories. ADDITIONAL INFORMATION: Due to the sloping topography of the subject property, more than 50% of the basement level of the dwelling is above ground at portions of the varying grade, thus constituting habitable space as a first floor. The existing and proposed height of the dwelling is code conforming. During the hearing, the applicant was asked to calculate the size of the proposed habitable third story area. The space is noted to be used as r '4 All---74--7 -D Page 2 of 3 May 15,2014 ZBA#6744—Kalaijian SCTM#1000-112-1-18 an office and gym. No bathroom or sleeping areas are proposed. The plan, as applied for, included a new set of stairs with a separate exterior entrance to the proposed third story office. At the hearing, the applicant agreed to remove the separate exterior entrance and to provide only an interior access to the third story space. Other changes on the floor plan, as applied for, include alterations to the closet on the north side, which will remain a cased opening without a door, and the walk-in closet on the opposite side which will be used for storage. The Board requested that the applicant submit revised architectural drawings showing these changes, which were received on May 6,2014.Additionally the applicant will have to comply with NYS Code and provide a fire sprinkler system on the third story. This property has two prior ZBA actions,the first in 1984(#3246)which granted 280A access and the second in 1986(#3 523)for a request to create a two lot subdivision/set-off which was denied without prejudice. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 1,2014at 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 property is not visible from any road and consists of over three acres surrounded by vineyards and woods, overlooking Long Island Sound. The design of the dwelling gives the appearance of two stories because of the dramatically sloping topography of the subject property, and the proposed third story use will be contained within the existing conforming roof height to which dormers have been added. 2. Town Law&267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue,other than an area variance. The home has been in its present location since 1990 and is built into a substantial slope creating a condition in which slightly less than 50 percent of the"basement level" is considered to be below grade and slightly more than 50%has been determined to be above grade. The entry level of the house is therefore determined to be a second story and the level above that is considered to be a third story. The existing topography makes it functionally difficult to construct an at grade addition for the proposed home office and gym use. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from present code requirements. However, the configuration of the dwelling and the unique topography of the property create the appearance of a two story dwelling and the height is within the code allowable maximum of 3 5 feet. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and is required to comply with NYS Code regarding a fire sprinkler system. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant built the dwelling 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 construction. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story use while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to �0 Page 3 of 3 May 15,2014 ZBA#6744—Kalaijim SCTM#1000-112-1-18 GRANT,the variance as applied for, and shown on the survey dated May 21, 2012 last revised March 27, 2014 prepared by Nathan Taft Corwin, III, LS, and the drawings prepared by Mark Schwartz, Architect, labelled A-8, proposed elevations dated September 25, 2013 and pages A-9 & 10 (proposed floor plans) dated May 6, 2014. Subject to the following conditions; CONDITIONS: 1. Proposed construction and present home shall have a code conforming fire suppression system installed on the third floor prior to any C of O issued by the Building Inspector. 2. At no time shall any area of the proposed third story be used for sleeping-quarters, bathroom or cooking facilities. 3. This grarit is limited to daily habitable use of the family and not to be rented or utilized by a third party at any time. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan andlor survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board.• Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). cr//�- 14YO-4 Leslie Kanes Weisman,Chairperson Approved for filing-177 /2014 BOARD MEMBERS �F SO�j Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�! 53095 Main Road•P.O.Box 1179 Eric Dantes ~ O Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �O • �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Iyeou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED U,30, � Tel.(631)765-1809•Fax(631)765-9064 3:1� oid NOV 2 5 2014 FINDINGS DELIBERATIONS AND DETERMINATION INATIONeuth40l;CdaTo*n Clerk MEETING OF NOVEMBER 20,2014 ZBA FILE#6800 NAME OF APPLICANT: Robert and Patricia Hovey PROPERTY LOCATION: 125 Hilltop Path(corner Hilltop Path), Southold,NY SCTM#1000-54-1-20 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 30, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The parcel is a non-conforming 15,438 sq. ft. parcel located in an R-40 zone. The parcel is developed with an existing 2-story frame house. The parcel is a corner lot and runs 149.40 feet along Hilltop Path on the South side and then turns and runs 126.47 feet along Hilltop Path on the East side. The parcel runs 75.61 feet on the North side and 163.66 feet on the West side. The lot is a sloped lot and has a steep elevation change. 48% of the house's existing first floor is below grade. The meets and bounds are shown on a survey by John C. Ehlers L.L.S, and revised by Frank Notaro, Architect, dated 11-16-2000, revised on August 5, 2014. The slope is shown on elevation plans by Frank Notaro,Architect dated November 10,2014. BASIS OF APPLICATION: Request for Variance from Article III Section 280-18 and the Building Inspector's August 18,2014 Notice of Disapproval based on an application for building permit-to enclose an existing roof deck at: 1)more than the code maximum number of stories of 2 '/z. RELIEF REQUESTED: The applicant requests a variance to convert an existing 286 sq. ft. open roof top deck into an enclosed 234 sq.ft.seasonal structure which will create a third story. ADDITIONAL INFORMATION: The applicant's agent presented three ZBA decisions in which the zoning board granted variances similar to the variance being requested by the applicant. Also,the applicant's agent testified that the third story space will be accessed internally by a pull down ladder from the 2nd floor hallway and externally from an existing staircase which runs up the rear side of the building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: .� 4- Page 2 of 3-November 20,2014 �� ZBA#6800-Hovey SCTM#1000-54-1-20 The Zoning Board of Appeals held a public hearing on this application on November 6,2014 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed construction enclosing the existing roof deck will not increase the building footprint or exceed the town's building height requirements. Other homes in the neighborhood have higher elevations than the applicants. From the East side yard and the rear yard the proposed additions will look like a new second floor addition. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is heavily sloped and-the existing home is built into the side of a hill. The slope covers 48% of the existing first floor. If 50% of the first floor was covered by the slope then the applicant would not need a variance to make his proposed renovations. 3. Town Law 5267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code.However,the property is heavily sloped and the addition is within the town's allowed building height restrictions, is proposed to be used only seasonally without any heat or sleeping space, and given the slope of the subject property the proposed addition looks like a second story. 4. Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders, gutters, and drywells. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Goehringer, and duly carried,to GRANT,the variance as applied for, and shown on the Architectural drawings by Frank Notaro,Architect labeled A-1 E through 3_E;and A-1 through 3 dated September 10,2014. Subject to the following conditions; CONDITIONS: 1. The proposed enclosed deck addition will be unheated and shall contain only the utility of electric. 2. No sleeping or cooking may take place in the enclosed deck addition. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. r Page 3 of 3-November 20,2014 ZBA#6800-Hovey SCTM#1000-54-1-20 Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code, This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). Leslie Kanes Weisman,Chairperson Approved for filing /l '-V/2014 'BOARD MEMBERS �F SO 53095 Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 ti0 lP Southold,NY 11971-0959 Eric Dantestt Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCQUNT�,� Southold,NY 11971 <A\ http://southoldtown.northfork.net RECEIVED , 0(n ZONING BOARD OF APPEALS a%P2 $-g3AA1 TOWN OF SOUTHOLD9 2015 Tel.(631)765.1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATIO - MEETING OF MAY 21,2015 uthol Town EeAreb ZBA FILE#6848 NAME OF APPLICANT: Richard Manfredi PROPERTY LOCATION: 240 Sunset Path(Hilltop Path), Southold,NY ( SCTM#1000-54-1-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited,the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVECODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 11, 2015, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact, LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming 6,340 sq. ft. parcel in the R- 40 zone. The northerly lot line measures 184.39 feet along another residential parcel. The easterly lot line measures 30 feet along another parcel. The southerly lot line measures 163.66 feet along another parcel, and the westerly lot line measures 60 feet along a private ROW known as Hilltop Path. The property is improved with a single family dwelling as shown on the survey drawn by John T. Metzger, last dated Nov. 28, 2012, and the Architecnologies site plan sheets A-1 and A-4, dated Sept. 8,2014. BASIS OF APPLICATION: Request for Variance from Article I f Section 280-14 and the Building Inspector's January 22,2015 Notice of Disapproval based on an application for building-permit for additions and alterations to existing single family dwelling, at: 1)more than the maximum number of 2'/Z stories permitted by Code: RELIEF REQUESTED: The applicant requests a variance to construct a bathroom in what has been determined to be a third story attic area where there is no habitable space allowed-by Town Code. ADDITIONAL INFORMATION: The applicant has been granted prior variance relief for side-yard and combined y side-yard setbacks in appeals#6188, dated Oct. 16,2008,and#6799, dated Nov.20,2014. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 2,2015 and May 7,2015, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: ,L Page 2 of 3—May 21,2015 ZBA#6848—Manfredi SCTM#1000-54-1-19 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesitable change in the character of the neighborhood or a detriment to nearby properties. The proposed bathroom will be less than 100 sq. ft. in area. There will no change to the existing building footprint, or exterior appearance of the dwelling, except for the addition of a window dormer. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could conceivably construct another bathroom on the second floor. However,this type of construction would reduce existing bedroom space.The proposed third- story bathroom is not allowed by Town Code;except by the grant of a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing '100% relief from the code. However, the applicant will install a certified fire sprinkler system, and there will no other habitable space contained within the third story area. There is no access from the bathroom to the remaining attic storage area which is accessed through a pull down ladder in the second floor hallway ceiling. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that.a variance in this residential community will have an adverse impact on the physical or environmental conditions in the,neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and all applicable NYS residential fire regulations. 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 4267-b. Grant of the requested-relief is the minimum action necessary and adequate enable the applicant to enjoy the benefit of a third story bathroom, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Schneider, and duly carried,to GRANT the variance as applied for,and shown on the survey drawn by John T.Metzger, last dated Nov. 28,2012, and the Architeenologies site plan sheets A-1 and A-4, dated Sept. 8,201,4. Subject to the following conditions; CONDITIONS: 1. The bathroom and bathroom access will contain afire sprinkler system to comply with state regulations. 2. There will be-no other habitable space contained within the third floor area. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a buildingpermit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings,'site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when -involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mmimis 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 4� � Page 3 of 3—May 21,2015 +-7 ZBA#6848—Manfredi SCTM#1000-54-1-19 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 Homing,Dante,Goehringer and Schneider. Absent was:Member Weisman (Chairperson).This Resolution was duly adopted(4-0). Leslie Kan6s Weisman, Chairperson Approved for filing/ ,•'] /2015 BOARD MEMBERS ®� ®U�, Southold Town Hall Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 l® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® ® y® 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQu ,� Southold,NY 11971 . http://southoldtown.northfork.net IRCEIV DZONING BOARD OF APPEALSTOWN OF SOUTHOLD 2&.Z TLaTel.(631)765-1809 a Fax(631)765-9064 V roudhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 21,2016 ZBA FILE: 6904 NAME OF APPLICANT:David A.Rosenbaum PROPERTY LOCATION: 145 Brown Street(aka 726 Brown Street)Greenport,NY SCTM#1000-48-3-26 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions,without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 zone district and is non-conforming with 5,627 sq. ft.It is improved with a two and a half story dwelling with attached decks and accessory shed. It has 50.00 feet of frontage on Brown Street, 112.54 feet on the west property line, 50.00 feet on the north property line and 112.55 feet on the east property line as shown on the survey prepared by John T. Metzger, LLS dated November 5,2015. BASIS OF APPLICATION: Request for Variance from Section 280-14, and the building Inspector's November 9, 2015, Notice of Disapproval based on an application for a building permit for conversion of,attic to "as built" habitable space in an existing single family dwelling at: 1)more than code required number of stories of two and a half. RELIERREOUESTED: The applicant requests a variance-to legalize a third story habitable attic. ADDITIONAL INFORMATION:A neighbor spoke in favor of the application. v FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 7,2016 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 acid relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The third story is accessed from a wide internal oak stairway r• z Page 2 of 3—January 21,2016 ZBA#6904—Rosenbaum SCTM#100048-3-26 that is also used for access from the first to the second floor. There is no access from the exterior of the home. The dwelling was constructed in 1986. When the attic space was finished, there were no changes to the exterior of the dwelling and the dwelling is conforming to the maximum code allowable height. The "as built" converted attic space is used as a sitting room. 2. Town Law 4267-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance. The attic space is approximately 625 square feet minus the large central staircase area, and the original plans of the dwelling showed a finished attic space which the applicant wrongly assumed could be legally constructed. Without the benefit of relief, the applicant would be required to remove the sheetrock and heating system in the third story and convert the space back to attic storage only. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However,the conditions imposed herein will mitigate the substantiality. 4. Town.Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code for all structures. 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a third story habitable attic while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Schneider,and duly carried,to GRANT, the variance as applied for, and shown on the attic floor plan prepared by Joan Chambers labeled A101 and dated November 8,2015. Subject to the following conditions: CONDITIONS: 1.The applicant must install a NYS code compliant fire suppression system. 2. No bathroom,kitchen/cooking or sleeping quarters shall be permitted in the third story. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformtties under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de mmimis 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 - it Page 3 of 3—January 21,2016 ZBA#6904—Rosenbaum SCTM#100048-3-26 request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes, Horning. Member Goehringer was absent. This Resolution July adopted(4-0). Leslie Kanq4 Weisman,Chai erson Approved for filing /7� /2016 BOARD MEMBERS rjf soar Southold Town Hall Leslie Kanes Weisman,Chairperson y�� �'Q 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Gpehringer G Q Town Annex/First Floor,Capital One Bank George Horning 0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'`CQU N Southold,NY 11971 PB EI ED http://southoldtown.northfork.net �ZONING BOARD OF APPEALS2 4 20016 TOWN OF SOUTHOLD "..A,� Tel. 631 765.1809•Fax 631 765-9064 y i�X.f ( ) ( ) S thoId Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 18,2016 ZBA FILE 46920 NAME OF APPLICANT:Donna Wexler PROPERTY LOCATION: 1775 Indian Neck Lane,Peconic,NY SCTM 1000-86-5-9.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Jan. 11, 2016, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Jan. 14, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. The LWRP Coordinator notes that"The as built third story was constructed without the benefit of Zoning Board of Appeals and/or Board of Trustees review or determination." This determination is mitigated somewhat by the fact that the applicant has now requested a variance for the "as built"construction which, if approved,will make the proposed action CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The applicant's property is a 2.556 acre parcel in the R-40 Zone. The northerly lot line measures+/-666 feet along an adjacent residential parcel. The easterly lot line measures+/-216 feet along the water of Richmond Creek. The southerly lot line measures +/-746 feet along another residential parcel, and the westerly lot line measures+/- 150 along Indian Neck Lane. The property is improved with a single family dwelling with attached garage, a swimming pool, pool house, hot tub, several sheds, and a two story accessory garage. All improvements are shown on the survey drawn by John T.Metzger,Licensed Land Surveyor, dated Sept.21,2011. BASIS OF APPLICATION: Request for Variance from Article III Section 280-13 and the Building Inspector's November 23,2015 Notice of Disapproval based on an application for building permit for conversion of an attic to "as built"habitable space to an existing dwelling, at:-1)more than the code maximum number of stories of two and a half. RELIEF REQUESTED: The applicant requests a variance in order to legalize "as built" construction that does create a third story area. 4-P Page 2 of 3—February 18,2016 ZBA#6920—Wexler SCPMN1000-86-5-9.1 ADDITIONAL INFORMATION: This property was the subject of prior ZBA decision #5035, dated Dec. 13, 2001, that granted alternative relief for a accessory cabana with a 15 foot side yard setback, where 20 feet is required by Code. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Feb.4,2016,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 6267-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 single family dwelling that is the subject of this variance was constructed in 1996. The applicant purchased the property in 2007. The applicant testified that the"as built" third story area already existed prior to the purchase. The improvement is located in the interior of the dwelling, did not alter the existing building profile,and is not visible from the outside. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant for attic storage space can be achieved by some method, feasible for the applicant to pursue, other than an area variance, but this would require considerable roof and attic space alterations done at an undetermined,but probable substantial cost for the applicant. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However,the conditions as stated below will mitigate any adverse impact of this relief. 4. Town Law 6267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 6267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of third story attic space, while preserving and protecting the character of the neighborhood and.the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variance as applied for, and shown on the survey drawn by John T. Metzger, Licensed Land Surveyor,dated Sept.21,2011. CONDITIONS: 1. The applicant will install a NYS certified fire suppression system for the third story, and all other areas as required by NYS codes. 2. The third story attic space will be utilized only for the purpose of storage. 3. The third story will not contain any habitable space. 4. The third story will not contain any plumbing,bathroom, kitchen, or bedrooms. 5. The third story-will not be utilized for any cooking,sleeping,office,or sitting areas. 6. The above conditions will be in-effect for all future owners of the premises. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3—February 18,2016 ZBAN6920—Wexler SCTM#1000.86-5-9.1 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes, Horning. Member Goehringer was absent. This Resolution was duly adopted(4-0). .'aD I "e' , - Leslie Kanes Weisman,Chairperson Approved for filing a // /2016 BOARD MEMBERS *®f so Southold Town Hall ." Leslie Kanes Weisman,Chairperson ®� ®�® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 - Eric Dantes Office Location: . Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 'r® ® a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®IISouthold,NY 11971 REC BV ® •' http://southoldtown.northfork.net ZONING BOARD OF APPEALS S E 1 9 2016 TOWN OF SOUTHOLD n • Tel.(631)765-1809•Fax(631)765-9064old Town &Vu Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING: SEPTEMBER 15,2016 ZBA FILE: 6984 NAME OF APPLICANT: Debra Coritsidis PROPERTY LOCATION: 265 Orchard Lane, Southold,NY SCTM# 1000-89-2-5.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideratiori in this application and determines that this review falls under the Type II category of the State's List of' Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the . Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 5,2016 stating that this application is considered a matter for local determination as therd appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated August 17, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recommendation of the Coordinator that the proposed action to construct additions and alterations to the single family dwelling and add an observatory, which exceeds the maximum two and one half stories permitted, is CONSISTENT, although the proposed action to legalize the `as built' wood shed is recommended as EXEMPT from LWRP review. Furthermore, the coordinator commented about the applicant's proposed rain garden and asked for clarification. PROPERTY FACTS/DESCRIPTION: The applicant's property is an irregularly shaped, five sided, 2.06 acre parcel in the R-80 zone. The northerly lot line abuts a neighboring parcel that is utilized as a community beach. The easterly lot line measures +/-156 feet of waterfront along Dryads Basin. The southerly Iot line abuts another parcel, and the southwesterly line measures 160 feet of road frontage along Orchard Lane. The northwesterly .lot line measures 100 feet along Cedar Beach Road. The property is improved with a single-family house, a 163 sq. ft. shed, and�a wood dock, as shown on the survey drawn by Lisa McQuilkin,Land Surveying, last revised on April 12,2016. Although the property has two technical front yards,the applicant's driveway enters from Cedar Beach Road,and currently there is no access to Orchard Lane. BASIS OF APPLICATION: Request for Variance(s) from Article III, Section 280-13 and Article XXIII, Section 280-124, and the Building Inspector's May 18, 2016, amended May 23, 2016 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling,and to legalize an"as built"accessory wood shed,at; Page 2, September 15,2016 #6984, Coritsidis SC;TM No. 1000-89-2-5.1 1) additions (observatory) to an existing single family dwelling proposes more than the code required maximum-two and one-half(2-1/2)stories;2) "as built"accessory wood shed located at less than the code required minimum front yard setback of 55 feet; 3)"as built"accessory wood shed located at less than the code required minimum side yard setback of 20 feet. RELIEF REQUESTED: The applicant requests a variance to construct a 13 feet by 12 feet"observatory" room in a third story location, where Code limits a single family dwelling to two and one half stories. The applicant also requests two variances for a 163 sq.ft. "as built"shed located with a front yard setback of 18.6 feet where 55 feet is required by Code, and a side yard setback of 17.7 feet where 20 feet is- required. ADDITIONAL INFORMATION: On August 24,2016,the applicant's architect provided a photograph and additional information regarding the proposed vegetated buffer/rain garden. Also included with the applicant's submission is a letter dated April 24,2015 to NYS Division of Building Standards and Codes requesting information for a variance process with NYS to allow the third floor to be built and not require sprinklers in the entire house. The property is heavily sloped and the existing home is built into the side of a hill.The slope covers approximately 42%of the existing first floor. If 50%of the first floor was covered by the slope then the applicant would not need a variance for the proposed"observatory room." The existing and proposed height of the improved dwelling is code conforming. FINDINGS OF FACT/REASONS FOR BOARD.ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept. 1,2016, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The height of the 13 feet by 12feet third story"observatory"room will be between 24 to 30 feet above existing grade,which does not exceed the height allowed by Code for a single family dwelling. The "as built" shed, although technically located in a front yard area, is discreetly situated in a corner df the applicant's functional side/rear yard, and is well screened by existing vegetation. 2. Town Law•§267-b(3)(bN2). The benefit sought by the applicant in constructing the third floor "observatory room cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because although the total height does not exceed,that allowed by Code for a single family dwelling, the third floor location is not allowed except by grant of-a variance. Although the applicant could conceivably move the "as built" shed to a conforming area, the benefit sought by the applicant for the proposed shed location in the applicant's functional side/rear yard cannot be achieved by some method, feasible for the applicant to pursue, other than the grant of an area variance for the non- conforming front and side yard setbacks. 3. Town Law X267-b(3)(b)(3). The variance granted herein for the third story observatory room is mathematically substantial, representing 100% relief from the code. However, the room will not be habitable(no cooking, sleeping or plumbing), and will have a NYS certified sprinkler system, unless the applicant is granted a NYS variance to this requirement. Moreover, the existing house is sited into a sloping hill on the subject property which reduces the visual impact of the proposed"observatory room." Page 3, September 15,2016 #6984, Coritsidis SCTM No. 1000-89-2-5.1 The variance granted herein for the "as built" shed front yard location is mathematically substantial, representing 66% relief from the code required 55 feet front yard setback. However, the property is burdened with two front yards, the shed is located in the applicant's functional side/rear yard, and the applicant has no access to Orchard Lane. The variance granted herein for the "as built" shed side yard location is not mathematically substantial, representing 11.5% relief from the code required 20 feet side yard setback. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on.the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law .4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a non-habitable third story observatory.room, and a non- conforming shed location, while preserving and protecting the character of the neighborhood and the health,safety and-welfare of the community. RESOLUTION OF THE BOARD: In considering all,of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Weisman(Chairperson),and duly carried,to GRANT the variances as applied for, and shown on the survey drawn by Lisa McQuilkin, Land , Surveying, last revised on April 12,2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. .A certified sprinkler system in accordance with the NYS Fire Prevention and Building Code Council shall be installed,unless the applicant receives a variance from New York State.. 2. There shall be.no habitable space(plumbing, sleeping or cooking)in the third floor area. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning-Code, other than such uses, setbacks and other features as are expressly addressed in this Page 4, September 15, 2016 46984, Coritsidis SCTM No. 1000-89-2-5.1 action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. ,. Vote of the Board.- Ayes: Members Weisman (Chairperson), Dantes, Horning, Goehringer. (Member Schneider not present)This Resolution was duly adopted(4-0). C �sliel,�,es Weisman,Chairperson Approved for filing � / 6'/2016 --71(r7-0 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF SUUl�O 53Q95 Main Road-P.O.Box 1179 �� 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. y0@ 54375 Main Road(at Youngs Avenue) Nicholas Planamento Own Southold,NY 11971 r_ http://southoldtownny.gov RECEIVED l �s1 ZONING BOARD OF APPEALS "r 1''OCT 10'.00 104M TOWN OF SOUTHOLD OCT 2 5 201 (2, nwa Tel.(631)765.1809-Fax(631)765-9064 Sou old Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18,2018 ZBA FILE:,#7200 NAME OF APPLICANT: Robert& Catherine Harper PROPERTY LOCATION: 2600 New Suffolk Avenue,Mattituck NY SCTM: 1000-115-9-3 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 6, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming .588 acre rectangular lot located in the R-40 Zoning District consisting of 25,593 square feet. The residentially developed parcel measures 120.28 feet along New Suffolk Avenue then runs south 224.34 feet along agricultural lands to the east,with a southern lot line measuring 121.88 feet and a western lot line measuring 200.98 feet;the subject property is surrounded by three residentially zoned Agriculturally used properties owned by the same neighbor. The lot is improved with a two- story frame house with covered front and side porches, a brick patio, bluestone driveway and a detached barn/garage, as shown on the survey prepared by Nathan Taft Corwin III, Land Surveyor and dated March 9, 2018 and amended June 1, 2018. BASIS OF APPLICATION: Request for a Variance from Article IV, Section 280-18 and the Building Inspector's June 13, 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)more than the code required maximum allowed two and one- half(2-1/2)stories;at:2600 New Suffolk Avenue,Mattituck,NY. SCTM#1000-115-9-3. RELIEF REQUESTED: The applicant requests a variance to reconstruct an octagonal third fl or tower easuring 11.4 feet by 11.4 feet,with a mean roof height of 33.8 feet and consisting of approximately 105 a feet of area, to the existing residential structure's attic,where a tower once stood. ADDITIONAL INFORMATION: Included in the applicant's submission is a copy of the Certificate of Appropriateness, Resolution #5.15.18.2, dated May 15, 2018, issued by the Town of Southold Historic Page 2,October 18,2018 #7200,Harper SCTM No. 1000-115-9-3 Preservation Commission for the reconstruction of the dwelling's original tower and the restoration of the original front porch. Twelve letters were received from various members of the community in support of this application; most notably, letters were received from the immediate neighbor, who owns the farm estate surrounding the subject property,the Chairman of the Town's Historic Preservation Commission, a well-regarded local historian and member of the Historic Preservation Commission, the President of the Mattituck-Laurel Civic Association, the President of the Mattiock-Laurel Historical Society and Museums, a former resident of the subject property and others. Additionally, at the hearing,the applicants' shared their passion to preserve the history and character of their home and to enhance and contribute to maintaining local historical buildings,the streetscape and the community at large. The applicants' wish to recreate a third-floor octagonal tower,which was original to the house when built in 1873. The tower was destroyed by fire in 1948 and while the roof was repaired afterwards,the tower was not rebuilt. The applicants' have spent the last two decades restoring the residence and voluntarily added the property to the Town's Register of Historic Landmarks. The applicant also cited several residential structures in Town with `towers', including 625 Calves Neck Road, 225 Harper Road both in Southold and a similar historic residence on Wickham Avenue in Mattituck. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 4,2018 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. New Suffolk Road is among the oldest streets in the community, running parallel and south of Main Road, between the hamlets of Mattituck and New Suffolk. While the road once passed through mainly agricultural lands and large residential properties, today, the streetscape is dotted with a variety of housing styles taking advantage of the unique coastal terrain, water views and remaining farm or estate properties. It is among the most beautiful of streets, featuring mature trees, open vistas,and a variety of housing styles, sizes and ages. The subject property is among the oldest residences in the area and sits on a knoll overlooking Lake Maratooka to the north and is surrounded by a large, farm estate. Visible from the road, the addition of a third floor tower will enhance the streetscape and reacquaint passersby with the community's architectural heritage and restore a structure built prior to current zoning and is in keeping with similar structures found in the Town built in the late 19th century. 2. Town Law $267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject residence was constructed well before current zoning and requires a variance in order to rebuild part of a structure lost to fire nearly seventy years ago. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, when the structure was originally built the tower existed and the applicant is requesting to recreate the structure with an area of approximately 105 square feet. Moreover,the applicant is not proposing to condition the added tower, labeled on the building plans as "non-habitable space" and indicated access to the tower via a narrow stairwell at the opposite end of the added space. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3,October 18,2018 #7200,Harper SCTM No. 1000-115-9-3 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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to a single-family residence consisting of a tower measuring 11.4 feet by 11.4 feet with a mean roof height of 33.8 feet while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Nathan Taft Corwin III, Land Surveyor, dated March 9, 2018 and amended June 1, 2018 and shown on the architect's plan labeled pages 1-7 prepared by Robert W.Brenner,AIA, dated May 19,2018. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopt (5-0). l Leslie Kanes Weisman Chairperson Approved for filing/0 /eg' /2018 AP�EALS BOARD MEMBERS OSUFfQ��C Southold Town Hall Gerard P. Goehringer,Chairman �� �Gy 53095 Main Road James Dinizio,Jr. a P.O.Box 1179 Lydia A.TortoraW ,� Southold,New York 11971-0959 Lora S. Collins S • �'F ZBA Fax(631)765-9064 George Horning �1Q1 �a0 TeleDne(631, -BOARD OF APPEALS TOWN OF SOUTHOLD -,I-:--�v FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 20, 2001 Appl. No. 4984—SAM and PHYLLIS CONSTAN Parcel No. 1000-98-5-17.5 STREET& LOCATION: 6002 Indian Neck Lane, Peconic DATE OF PUBLIC HEARING: August 16, 2001 FINDINGS OF FACT PROPERTY FACTSIDESCRIPTION: The applicant's property is an' improved lot located off the south side of Indian Neck Lane in Peconic, with access along a 16' right-of-way. The applicants' property contains 3.324 acres with 221.31 feet on Hog Neck Bay. BASIS OF APPLICATION: Building Inspector's May 30, 2001 Notice of Disapproval, denying a permit to build alterations to the existing one-family dwelling with a height above 2-112 stories as provided under Section 100-32 of the Zoning Code because the existing upper area referred to as a "third level" by the Building Department will be altered with a bathroom area. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing alterations within the interior of the existing single-family house by adding a, bathroom to the upper bedroom area, which upper area has existed-for many years for use as two bedrooms. The proposed bathroom will be using the upper-most floor area,which has been used as a bedroom/closet area, not newly finished space. ADDITIONAL INFORMATION: The applicant acquired the property with single-family dwelling on August 1, 2000 by deed recorded at Liber 12064 cp 806 (Cost: $1.86M without new renovationslalterations). REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: 1. The architectural plans dated 3-17-01 show an existing third-floor bedroom area and attic areas. 2. The existing house has various roof lines and angles. As read from the plans, the average height is within the 35-foot limit of the Code. The square footage of the third-floor bedroom suite is less than 25 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-foot limit. r a T Page 2—September 20, 2001 ZBA Appl, No, 4984—S. and P Constan Parcel 1000-98-5-17.5 at Peconic 3. The elevation drawing shows that there will be no height change to the exterior. The height of the new bathroom area is within the roof lines of the existing dwelling as well as adjacent loft and additional living area. 4. The house is set back about 900 feet from Indian Neck Lane, a public street. 5. Based on the information provided and the foregoing factors, the Board concludes that applicant/agent failed to prove sufficient reason as to why a comprehensive fire suppression sprinkler system cannot be installed in this home built in the 1920's which is undergoing a total renovation with most internal walls removed at time of Board Member inspection. 6. The nature of the application was to construct habitable additions to the third story of this large dwelling within existing Tudor-style roof. 7. After physical inspection by the Board,the following was found on the third story: a) Two preexisting seasonal bedrooms; b) Open unfinished areas adjacent and contiguous to these rooms; c) large vaulted loft over the (lower) living room/family room areas; d) Proposed third-story bathroom facility. 8. Testimony from the applicant's architect indicated that large vaulted area over the first story was in fact the second story of the new addition. The vaulted area above living area is to be used as living area and is accessible from third story level. These areas are therefore deemed to be third-story living area. In summary, the action of the Board is the minimum necessary to construct the alteration and installation of a new bathroom facility and vaulted living area as mentioned within the confines of existing roof lines of the Tudor-style steep roof, while preserving and protecting the individual occupants and residents of the dwelling, as per Code, to include all new and existing construction, on all floors. RESOLUTIONIACTION: On motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, to require a comprehensive fire-suppression sprinkler system in all habitable rooms of said dwelling as per Code to include all new construction areas, on all floors; and BE IT FURTHER r . Page 3—September 20 2001 9 P t ZBA Appl. No. 4984—S. and P. Constan Parcel 1000-98-5-17.5 at Pecornc RESOLVED, to deny use of the third story habitable area requested in this application until a comprehensive fire-suppression sprinkler system has been installed and fully operative throughout the house at all times. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer, Tortora and Horning. Nays: Members Dinizio and Collins. This Resolu ' as Ily a GERARD P. G09iiKINGIER, C AIRMAN 1011/01 Approved for Filing I T°. , 10H i Tr -i. Ci:__k, TcT, i cY Southold -- --=--- ----- - - - - ----------- --- -- - -7L+-7-0 BOARD MEMBERS *0 soar Southold Town Hall Leslie Kanes Weisman,Chairperson � yp 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Eric Dantesrt Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p Yo 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOU �� Southold,NY 11971 http://southoldtown.northfork.net RECEIVE® ZONING BOARD OF APPEALS �l;4�� TOWN OF SOUTHOLD atd L Tel.(631)765-1809•Fax(631)765-9064 F B 42���j ) ��� ' C.L, V lav(,e.Yz �j Sout old Town C e �\ FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 22,2015 e ZBA FILE: 6823 NAME OF APPLICANT: 115 Commerce Drive,LLC/2232 Roses Brook Farm,LLC PROPERTY LOCATION: 115 Commerce Drive(Depot Lane), Cutchogue,NY SCTM# 1000-96- SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 29, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel is a conforming lot located in the LI zone district. It is improved with a two story metal building. It has 48.56 feet of frontage on Commerce Drive, 513.60 feet along the eastern property line, 173.70 feet on Depot Lane and 440.97 feet along the western property line as shown on the survey prepared by Kenneth H.Beckman,LS,dated October 1,2008, last revised 11/12/2014. BASIS OF APPLICATION: Request for Variance from Article XV, Section 280-63 (Bulk Schedule) and the Building Inspector's December 1, 2014 Notice of Disapproval based on an application for building permit for construction of an "as built"third-floor conditioned space to an existing commercial building, at; 1)more than the code permitted maximum two stories. RELIEF REQUESTED: The applicant requests a variance to maintain the as-built"conditioned space" above the caretakers apartment as a third story where the code permits the maximum of two stories, as shown on the architectural plans prepared by David A.DiGiovanni,R.A.,dated 11/11/2013, sheet A-5 Attic Floor Plan and sheet 6 Elevations,and the as-built survey of property by Kenneth H.Beckman,L.S., last dated 11/12/2014 ADDITIONAL INFORMATION: The subject parcel was granted variances in appeal #6259 to permit the construction of a 1, 435 sq. ft. accessory apartment to be used by a watchman/employee of the storage business, for security purposes within the subject public storage building, and to permit the subject storage building to have 75 feet of road frontage on Depot Lane, where the code permits a maximum of 60 feet of frontage. The proposed as-built third story conditioned attic space with stairs was not shown on the approved plans. The applicant/owner testified at the hearing that he would like to use the 3`d story attic space as a habitable home office in association- with the as-built-apartment, The Board of Appeals received comments from the Southold Town Planning Board on Page 2 of 3—January 22,2015 ZBA#6823—11'5 Commerce Drive,LLC/2232 Roses Brook Farm,LLC SCrM#1000.96.1.1.2 December 26, 2014, indicating that because the as built third story habitable space is entirely within the interior of the as built commercial building,no change to the approved site plan would be needed. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 8,2015,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject space is internal and its use will not change the exterior size or appearance of the building. The existing second story 1,435 sq. ft. watchman's -apartment was approved by the Board of Appeals as an accessory residential use to the principle storage business use in an LI Zone district. However, the Board finds that the `as built' third story expansion of the habitable apartment space is not in keeping with the character of the Light Industrial Zone District. 2. Town Law U67-60)(b)(2). he benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has other first and second story areas within the subject building in which a conditioned space may'be utilized for the purposes proposed for the subject as-built third story conditioned space. 3. Town Law 4267-b(3)(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. 4. Town Law' 267-b(3)(b)(4)No evidence has been submitted to suggest that a variance in this Light Industrial community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and the Planning Board has indicted that the as built third story habitable use has no impact on the approved site plan. However,the Board believes that the restrictions to access to this proposed as-built, habitable conditioned space, only through a staircase in one of the bedrooms in the apartment below, will reduce and impede the effectiveness of emergency services rescue efforts to the subject apartment and third story, posing a threat to the health, safety and welfare of occupants of the apartment in this commercial building. 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The subject structure is newly constructed and the subject non-conforming as-built third story conditioned space was not submitted by the applicant in the original approved drawings. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief IS NOT the minimum action necessary to enable the applicant to enjoy the benefit of additional habitable space in the subject commercial building while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town 'Law 267-B, motion was offered by Member Schneider, seconded by Member .Weisman (Chairperson), and duly carried,to DENY the relief as applied for,subject to the following condition CONDITION: 1. The subject as-built 3rd story attic space shall be used solely for storage purposes and access to mechanical air handlers and shall be unconditioned and non-habitable. Page 3 of 3—January 22,2015 ZBA#6823—115 Commerce Drive,LLC/2232 Roses Brook Farm,LLC scri0#1000.96-1.1.2 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 tb exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson),Schneider,Horning,Dantes. (Absent was Member Goehringer). This Resolution was duly adopted(4-0). r Leslie Kanes Weisman,Chairperson Approved for filing /2015 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson *0$�UTy 53095 Main Road•P.O.Box 1179 � O l0 Southold,NY 11971-0959 Eric Dantestt Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One George Horning %�� ai� 54375 Main Road(at-Youngs Avenue) Kenneth Schneider CQ�My,N South d,NY 11971 � http://southoldtown.northfork.net - ��'" " ZONING BOARD OF APPEALS " S TOWN OF SOUTHOLD V Tel.(631)765-1809•Fax(631)765-9064 pv 2 1 2016 FINDINGS,DELIBERATIONS AND DETERMINATIO Q� y(QttGIx� MEETING OF NOVEMBER 17,2016 outhold Town Glen~ ZBA FILE: 6993 NAME OF APPLICANT: Stephen Albertson PROPERTY LOCATION: 1295 Custer Ave.,Southold SCTM# 1000-70-09-15 SEORA DETERMINATION: The Zoning Board of Appeals has visited the propertyunder 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: Pursuant to the Suffolk County Administrative Code Sections A 14-14 to 23,referral of this application to the Suffolk County Department of Planning is not required. r LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The applicant's property is a non-conforming, 22,017 sq. ft. parcel in the R-40 zoning district. The parcel has 136.17 feet of frontage on Custer Avenue, 162.66 feet along the westerly property line, 161.21 feet along the easterly property line,and 134.78 feet along the rear property line to the north. The property is improved with a two story frame single family dwelling with an attached garage as shown on the Survey of Property prepared by Nathan Taft Corwin III, L.S., dated April 23, 1999, and last revised July 22, 2016 "Update Survey." BASIS OF APPLICATION: Request for Variance(s)from Article III, Section 280-13 and the Building Inspector's August 4, 2016 Notice of Disapproval based on an application for a building permit to legalize third story alterations to an existing single family dwelling, at; 1)more than the code required maximum allowed two and one- half(2-1/2)stories, located at: 1295 Custer Avenue, Southold,NY. SCTM#1000-70-9-15 RELIEF REQUESTED: The zoning code limits single family dwellings to two and one half(2 ''/2) stories. The applicant requests a variance to maintain the "as-built"_ third floor attic alteration containing a bedroom and a - bathroom described as- habitable space, as shown on the architectural drawings prepared by Charles W. Southard Jr.,R.A., Sheets A-1 and A-2,dated June 24,2016. ADDITIONAL INFORMATION: The applicant stated that the existing dwelling will be equipped with a fire sprinkler system, including the as built third story bedroom and bathroom. Although the Board of Appeals has granted relief for third story habitable space in the past,these decisions have not included sleeping space/bedrooms and, in only one instance, have they included a bathroom (ZBA# 6848) In this latter application, the proposed bathroom was equippbd with a fire suppression system, was less than 100 sq. ft,. in size, and serviced the small 5 Page 2,November 17, 2016 #6993, Albertson SCTM No. 1000-70-9-15 bedrooms on the second floor which would have become non-habitable in size, per state code, to accommodate a bathroom addition. The applicant is proposing 781 sq.ft.of habitable space. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 3,2016,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 6267-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 "as-built" attic alterations are internal to the dwelling and its use will not change the exterior size or appearance of this dwelling. However, the Board finds that the"as- built" attic alterations creating third story habitable space containing a bedroom and bathroom is not in keeping with the character of the R-40 Zoning District 2. Town Law&267-b(30)(2). The benefit sought by the applicant can be achieved by some method,feasible for the applicant to pursue, other than an area variance. The applicant could construct an addition to the dwelling in order to obtain increased habitable space•(a bedroom and bathroom). 3. Town Law 5267-b(31(b)(3). The variance requested herein is mathematically substantial, representing 100% relief from the code. 4. Town Law 6267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 5267-b. Grant of the requested relief is not the minimum action necessary to enable the applicant to enjoy the benefit of additional habitable space (a bedroom and bathroom) in the single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Horning, and duly carried,to DENY the relief,as applied for, Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning: Abstain: Goehringer. This Resolution was duly,adopted(4-1). ,6_ �► ,,;6 �A. eslie Kanes Weisman, Chairperson Approved for filing ?7/ /2016 APPEALS BOARD 1MEM BERS`� Southold Town Ha11 Gerard P. Goehringer, Chairman �Z 1 y 53095 Main Road James Dinizie,Jr. 4 P.O. Box 1179 Lydia A.Tortora �? Southold,New York 11971-0959 Lora S.Collins . , ZBA Fax(631)765-9064 George Horning ?IQl ,�� Telephone(631)765-1809 BOARD OIF APPEALS TOWN OF SOUTHOLD n FINDINGS, DELIBERATIONS AND DETERMINATION ! CON MEETING-OF-JULY 19, 2001 Appl. No. 4958—EDGE•WATER.11, LLC Parcel No. 1000-40-1-20.2 TRET& t.00ATtON:'; 637 'C.R48, Greenport 'DATE OF PEIBLIC HEAtklft':J61y 12, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with frontage of 128 feet on the North*Road and 150 feet' the Long Island Sound,with depths of 977 feet(east)rand 919 feet'(west):: The approximate distance from the North Road property line to the top of the Sound is 810 feet(east) and 725 feet(west). BASIS OF APPLICATION: Building Inspector's, May 1, 2001 ,Noticeof Disapproval, denying a permit to build,a newtsmglefamlly dwelling because the proposed house: (1) has,a.third story, in Of violation the.2-1./2 story limit,in Code Section 100-32, and (2)has an elevator shaft higher than the 35-foot,limit in Cotl'a Section-100-32. - AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing construction pf a'sin Ce=aniily;house with *er'floor area shown on architectural pians dated' /J1U1'prepared by Ira Haspel Architect, P.C. (Job ref. 202101)]. r , REASONS FQR BOARD AGTI{aN -DESCRIBED BELOW: On-the basis of testimony presented, rhaterials submitter#and personal inspection, the Board makes the following findings: 1. The Architectural plans show a third-floor bedroom suite of 990 sq. ft. The ground floor footprint is 4357 sq.ft. and the second floor covers 2415 sq.ft. Applicant states that the third floor was designed to comply-with the-Code definition of a half story, but presented no measurements to support-that statemnt:eThe 'Board will treat the matter of the third story as a request for a variance. 2. The proposed house,has an irregular roofline made up of various sloping elements with nunieroUs angles: As rsad from the-plans, the maximum roof height is about 37-1/2 feet while the averagefrom eaves to peak is ,about 32 feet, within the'35-foot limit,of the Code. The.square footage bf the third-floor-bedroom suite is less than 25 percent of the'ground floor footprint,and the presence of the third floor does not affect the compliance bf th'e roofline-with the 15-foot,limit. 3. The proposed house,has a large chimney that appeaGs.1,from`,the plans,;to;,be abbUt 41- 1/2 feet high, Chimneys higher than 35 feet are permitted by Code section 100-230(1 *)0)','­The height of the elevator shaft is equal to the highest roof peak, and several feet lower than the chimney; 'Elevation drawings show the chimney as a prominent feature while'the top. of the elevator:shaft is a,less proniinent'element of the irregular roofline. ..eu•. ...... .�.- I_.b.awM.rsc s.....w•u.-.m-��, ���...vvn._.-ci.rl'.'.�=x+rwny..�...��.-.. mea+.arc-o'�a=.rrae_ay.rr.v.�.•... ..r....._.. Page 2-July 19, 2001 h ZBA Appl. No.4968—Edgewater II, LLC Parcel 1000-40-1-20.2 at Greenport r i 4.Tha proposfiKLbouse-.is'set,back apgpt.5pO feel front thp,,i.4nrtb Road,;And.teas,side yards of-20 and'26.feet. There is no evidence that the design or-siting"of the hQu$e poses,any.threat to ` the character of the area. 5. Based on the foregoing factors,the Board concludes that grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 8. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 7.The action set forth,below is the-minimum necessary to enable applicant to build a house in accordance with his plans while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RES6LUTION1ACTION: On-motion by Member-Collins,.seconded by Member Dinizio, it was- RESOLVED, to GRANT the application as applied for, authorizing construction for the house as proposed with a third-floor bedroom suite and elevator shaft shown on the architectural house plans,dated 7/9101, SUBJECT TO THE CONDITION that a comprehensive fire-prevention, system must be operative throughout the house at all times. (indoor sprink' I e r system) . This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the,Zonipg 9ode, other than.such uses,-setbacks and other features as are expressly addressed in this ac#ion. Vote of the Board: Ayes: Members Goehringer(Chairman), Dinizio,Tortora, and Collins. This Resolution was duly adopted (40). - R P-GOERRINGLER, CARMAN L1V,,,D AND ' = sO-Uy �,,LD TOti11414 DATE -��a•q{Di E07JR (0"a� !o=k, l Ov". of ti+o Tovvn O4d i 71—, A-1_—,,,.s., c ,,.tS:. &.u't r b e..nv.• . w` ro:. +c.9, a' sv yh ii isia.ti' s6'idtlr�'i A4 APPEALS BOARD MEMBERS �OgOFfO(�C �O �G Southold Town Hall . Lydia A.Tortora, Chairwoman co y� 53095 Main Road Gerard P. Goehringer W P.O. Box 1179 George Horning O .F Southold,New York 11971-0959 Ruth D. Olivay�1J Off' ZBA Fax(631)765-9064 Vincent Orlando �'� �a Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED (- FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 10, 2003 JUL 2 9 2003 Appl. No. 5330- EDGEWATER II. LLC �� Property location: 63735 C.R. 48, Greenport; CTM 40-1-20.2. Southold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet (east line)and 725 feet (west line). BASIS OF APPLICATION: Building Department's March 11, 2003 Notice of Disapproval, citing Section 100-32, in its denial of a building permit to construct a new dwelling with a third story, instead of the code limitation of 2-1/2 stories and/or exceeding 35 ft. maximum height. (Note: Building Permit #27980-Z was voided by the Building Department based on a different dwelling design and construction details.) FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant has-revised the construction design of the proposed single-family dwelling as shown on the 'Job No. 209902' Plan, Sheets A2-1 and A2-2, prepared by Ira Haspel, Architect, P.C. The third level design was-revised by applicant to 1138 sq. ft. for the third-floor bedroom suite, instead of the previous request of 990 sq. ft. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The architectural plans show a third-floor bedroom suite of 1,138 sq. ft. The ground floor footprint is 3,458 sq. ft., and the second floor covers 2,041 sq. ft. The presence of a third floor does not affect the Yt ` f � r D Page 2—July 10,2003 40 40 Appl.No.5330—Edgewater II,LLC 40-1-20.2 at Greenport compliance of the roofline with the 35-ft. limit. Applicants state that the third floor was designed to comply with the Code definition of a half story, but presented no measurements to support the half story. The Board will treat the matter of the third story as a request for a variance. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. limit. 3. The requested area variance is substantial since 35 percent of the house is based on a variance to complete the third floor. 4. The difficulty was self-created when the applicant designed the house with a third floor which did not conform to Code requirements. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The proposed house is set back approximately 520 feet from County Route 48 and has all required side yard setbacks. Based on the foregoing factors, the Board concludes that granting of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 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 Orlando, seconded by Chairwoman Tortora, and duly carried, to GRANT the variance as applied for and shown on the revised plans ('Job No. 209902' Plan, Sheets A2-1 and A2-2) prepared by Ira Haspel, Architect, P.C. This action does not authorize or condone any current or future use, setback or other feature of the subject"property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Orlando, and Oliva. (Absent were Member Goehringer and Member Horning.) This Resolijtion Lydia A ortora, Chairwoman—Approved for Filing 7/,x'/03 APPEALS BOARD MEMBERS �V SQU H Mailing Address: Ruth D. Oliva,Chairwoman �Dy, rQIO Southold Town Hall 53095 Main Road•P.O.Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. en Office Location: RA Michael A. SimonO �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman l'YCDum 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net RECEIVED fid-ed ZONING BOARD OF APPEALS If >°/n TOWN OF SOUTHOLD MAR 2 2006 Tel.(631)765.1809•Fax(631)765-9064 ,,�rve-r FINDINGS, DELIBERATIONS AND DETERMINATION 0011iutd TGw MEETING OF FEBRUARY 2,2006 Appl. No. 5815- EDGEWATER Il, LLC Property Location: 63735 C.R.48, Greenport CTM 40-1-20.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property is a vacant lot in Greenport with 128 feet of frontage on the North Road and 150 feet along the Long Island Sound, a lot depth of 977 feet (east line) and 919 feet (west line). The approximate distance from the property line along the North Road to the top of the Sound bluff is 810 feet(east line)and 725 feet(west line). BASIS OF APPLICATION: Building Department's October 19, 2005 Notice of Disapproval, citing Section 100-30A.3, in its denial of an application to amend their request, for structural alterations above the second floor area of this proposed new dwelling. The reason stated by the Building Inspector for disapproving the amendment request is that the zoning code bulk schedule restricts the number of stories to 2-1/2, and the proposed amendment differs greatly from the plan approved under ZBA Appeal No. 5330 concerning the third floor construction area. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant revised his plans as shown on the 10/25/05 construction design of the proposed single-family dwelling, shown on the 'Job No. 223705' Plan, Sheets Al and A2, prepared by Ira Haspel, Architect, P.C., reducing the size of the third level. 7 design to less than the original size (original size was for 990 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant's home is situated on one of three parcels as a family compound, sharing a common drive. The architectural plans show a third-floor bedroom suite of 1,138 sq.ft. The ground floor footprint is 3,458 sq,ft., and the second floor covers 2,041 sq. ft. Thepresence of a third floor does not affect the compliance of the Page 2—February 2,2006' Appl. No.5815—Edgewater II,LLC CTM Parcel 40-1-20.2 at Greenport roofline with the 35-ft. limit. Applicant states that the third floor was designed to comply with the Code definition of a half story, but presented no measurements or evidence to support the half story claimed. The Board will treat the matter of the area above the second floor as a request for a variance from the 2-1/2 story code restriction. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed house has an irregular roofline made up of various sloping elements with numerous angles. As read from the plans, the maximum roofline is about 38 feet, while the median height of the structure is 35 feet, within the 35-ft. limit of the Code. The square footage of the third floor bedroom is less than 35 percent of the ground floor footprint, and the presence of the third floor does not affect the compliance of the roofline with the 35-ft. height limit. 3. The requested area variance is substantial since the overall area has been reduced from 6,449 square feet to 5,941 square feet, and sprinklers will be installed throughout the house. 4. The difficulty was created with the design and plan submitted by the applicant. 5. There is no evidence that the grant of the variance will have an adverse effect or impact on physical or environmental conditions in the neighborhood or district. The house is approximately 500 feet from County Route 48 and will comply with all code-required side yard setbacks. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman Oliva, and duly carried, to GRANT the variance as applied for and shown on the revised plans (Job Plan No. 2237505, Sheets Al and A2)and Comparison Site Plan last dated 11-10-05, prepared by Ira Haspel Architect, P.S., subject to the following Conditions: 1. That the two green signs installed illegally on utility poles in front of the applicant's property be removed and installed in accordance with the town codes, and 2. That a comprehensive fire suppression system shall be installed and operative throughout the house at all times. (Same as condition written under ZBA#4968). This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon, and Weisman. Absent was: Member Goehringer. This Resoluti as duly adopted 4-0). 0-N., Ruth D. Oliva, Chairwoman pq x/06 Approved for Filing Reason for Appeal Continued S� Zoning Board of Appeals re: Edgewater II, LLC Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons: The design of the house, as time goes on, is modified with the needs of the family. A Building permit was issued for the house, as approved by ZBA variance # 5330, however, when the design changed the building department directed the owner to seek another variance. The family began in 2001 and has repeatedly needed to amend their variance request due to the change of design. 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. George Cohen (or his wife) is the Managing Member of the following properties: Edgewater I, LLC which owns the westerly adjacent parcel (lot 20. 1) , Edgewater II, LLC (subject property) , and Edgewater III, LLC which is the easterly adjacent parcel (lot 21) . The parcels are over two acres in size and heavily wooded. The residence is set back from the bluff 100 feet and almost 500 ' from the road so the house will not be visible from the road. The height of the residence will not impact the neighbors because the parcel is shielded by the adjacent Edgewater I and III parcels. As with the prior variance appeal, the design of the third floor has changed; the original plan has been reduced in square footage and changed with regard to proportions . Given the unique design and architectural style of the house a more generic variance would avoid the need to return now three times- to the ZBA for height variances. Since there are no impacts on adjacent properties and the owner will conform to NYS Code which requires sprinklers for a three story house, the ZBA's concerns continue to be addressed. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The house has been re-designed, after great deliberation, with 1 � • 4­1+-1 5 new dimensions. This request is a third variance: The Board granted a variance in 2001, however, due to the redesign of the house the building department required that you review and grant a second variance (#5330) , the redesign now requires a third variance. The conditions of your variance were adopted and the house will have sprinklers throughout the house. (Now this requirement is in the NYS Fire Prevention and Building Code) The owner has recently completed the construction of the adjacent homes and has redesigned this home to meet with her current needs. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The property is unique in size (3 acres) and that the family controls both adjacent properties (9 cumulative acres in total) . The control of three parcels present a unique opportunity for the family to plan their "dream home" . As the third home to be constructed, the design is constantly unfolding. This presents a dilemma for the building department since the third floor relies on the variance. Since the variances are not substantial, we would respectfully request that more generic height variance be granted for the volumes rather than the specific design. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The house has experienced a change in design but with no impact on the environment. The ground floor footprint has been reduced sq. ft. The changes have been primarily to the vertical design and placement of the house. 5 . The alleged difficulty was not self-created. The applicant wishes to design a unique house on a very unique property. The architectural design is intended to create a "tree house" effect in the woods, the woods have been preserved and the three properties have been developed with a common plan. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further.-relief that is deemed necessary and reasonable. si ature Patricia C. Moore, as attorney for Edgewater II, LLC NARNING , Iris a'&_on of the lam for any person, �I 46-O unless acting under uu duce'sup—m.. i L 1 14'-0' 10'-O --- 22'•O' I_ ofrheerned.—Imeer,m nlrcr and nem--- I ——--r m aqv nap If an Atn6eiong he seal oCan azdurccr muon Is m,de,the kering T— lle e et shad affix r c seal h gns.rcon as but11,Tera ea 1 and a spec,Fic descnpuon of du akeranon �L� UGµ; � I Of-,�Ih , _ _ I _ — • FST I I � i S NooN esev O -Ir�fl e.II L LIF I , I I i I I -� T/IN ING RM I to 19°,r 29� oEGI-r -O _O -� "05T ° I m -SECOND FL,00r) PIAN DeW� _O � I N � -(iEo1'IGE-SNDY .�I Inca Haspel ; A P t 4(,I-OII 126 E MAIN STREL7 181.0'' 54=0 _ r -- - I81-o' — -- -- IIAY SIIOL 6 1/66 YORK 11706 TEL 631/CGS-7575 FAX 631/665-7595 irahaspdrons • II I I wales.°o°. MaJ jl— TWIF)P 7 _ GOHSN NE51DUICE vi] f�LUPF HOUSCONS7RONDOCUDIE\TDATEDATE D PP,OOF p5rK FIoo , P6AN �WV d I OkM r --MBZZ. em s5`~f Comlghc o Ira Haspel All Rights Rose—d. 1 Vl Y` s SECOND FWOP, PIAN L I x THAO FLOW) PLAIT MEZZANINE NAti I OOD-40 7Ec15 11 7!o 1 G'-o' ----17L Gli rP �f V U seal\y���HHnsAa,py r 223705 ;/ 1 af0 Y ` 1q� /� .e et 'm• .r,� ave / Lp-GV' l` V -kst 1� tl9�t3/o5 I I I r Office Location: 0��0 so�jyol Mailine Address: � o Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) u, P.O.Box 1179 Southold,NY 11971 • �O Southold,NY 11971-0959 (� http://southoldtown.northfork.net RECEIVED d-' �� S�l�"�•L BOARD OF APPEALS - TOWN OF SOUTHOLD 8 Tel. (631)765.1809 Fax(631)765.9064 NAV 1 FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town tlerl MEETING HELD NOVEMBER 12,2009 ZBA#6245: E &C PROPERTY-HOLDING, INC.; EDUCATIONAL&CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY,Applicants LOCATION OF PROPERTY: 3800 Duck Pond Road,Cutchogue;CTM 1000-83-2-17.3 SEQRA DETERMINATION;The Town Planning Board,as Lead Agency,completed its SEQRA coordinated review and issued a Negative Declaration on August 3,2009. i PROPERTY FACTS/DESCRIPTION: The subject property is a 16.59 acre parcel running 301.17 +207.02 feet along the Long Island Sound to the northwest, 463.43 + 890.14 feet along the northeast boundary, 4,293.92 feet along the southern boundary,58.98 feet along the southwest boundary,and 192.04+432.12 along Duck Pond Road to the west. The property is improved by two 1%Z story frame and masonry buildings,a restaurant building, and a single story frame building,as shown on a survey by John C.Ehlers, L.S.dated 08-11-2008, revised 10-02-2008 and 4-20-2009. BASIS OF APPLICATION: The applicant requests the following, based on the Building Inspector's amended October 20,2008 and June 3,2009 Notices of Disapproval: (a) Variance under Zoning Code Section 280-36 based on an application for a building permit to construct a new building which will exceed the code limitation of 2'/Z stories; i r (b) Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for membbr private training and education classes; ; (c) Special Exception under Zoning Code Section 280-35B concerning as-built Motel units in former accessory poolt0use building. i ADDITIONAL INFORMATION: On November 7, 2008 this application was referred to the Suffolk County Planning Commission pursuant to General Municipal Law§239-m and Suffolk County Administrative Code §§A14-14-23. The Suffolk County Planning Commission issued its reply on December 2, 2008 stating that this application twas considered a matter for local determination as there appeared to be no significant �. county-wide or inter-community impacts. Thereafter and upon the applicant's submission for variance relief with respect to the construction of the conference center on a slope greater than 20%,a second referral was Page 2—November 12,2009 ZBA#6245- E&C PROPERTY HOLDING,INC.; EDUCATIONAL&CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY,Applicants CTM Parcel#1000-83-2-17.3 this application was considered a matter for local determination as there appeared to be no significant county-wide or inter-community impacts. Thereafter and upon the applicant's submission for variance relief with respect to the construction of the conference center on a slope greater than 20%,a second referral was made to the SCPC. We note that the SCPC recommended a denial of the slope Variance under ZBA File# 6314. That application is addressed in a separate determination of this Board. FINDINGS OF FACT The Zoning Board of Appeals held public hearings on this application on April 23,2009 and October 1,2009 at which times written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: i VARIANCE UNDER 280-36 REASONS FOR BOARD ACTION On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings with respect the requested height variance: it 1. Town Law,,267-b(3)(b)(1). An undesirable change will not be produced in the character of the neighborhood qr a detriment to nearby properties. With respect to the height of the meeting house, the building will be jfl integrated into the existing slope. The building was conceived as 2%stories.Whether the building is determined to have 2 %: or 3 stories, its height would neither have a negative impact on the neighborhood nor detriment to nearby properties. The western entrance, which is at basement level, is at grade level and provides handicap access from the level of the motel units directly into the building. The meeting rooms are on the first floor above the basement. The rear of the building opens to the east on that upper level. The putative"third floor is a space above the first floor over the basement and is to be utilized solely as an egress path to an open deck area and contains"attic space." i 2.Town Law 26.7-b(3)(b)(2).The benefit sought by the applicant cannot be achieved by any method feasible for the applicant to pursue other than area variances. The property is sloped on its eastern side, requiring the use of steep hill for construction meeting house, with front and rear entrances on different levels. The meeting house cannot reasonably be located closer to the living units. I 3. Town Law 2�7-b(3)(b)(3). The relief requested is not substantial. The area above the second story largely consists,of what is traditionally categorized as "attic space" It will be used for storage, lavatories, elevator,stairway,and hallway for access to the roof top deck. ',I- 4. Town Law 267-b(3)(b)(4). The difficulty has not been self-created, insofar as it is a result of the existing topography. -r! Ir. 5. Town Law 267-b(3)(b)(5). No evidence has been submitted to suggest that the building will have a significant adveme impact on the physical or environmental conditions in the neighborhood. The applicant has submitted evidence to the satisfaction of the Board that any impacts caused by the construction of the building will be Mitigated to the maximum extent possible. The building is located more than 200 feet from the Long lsland,Sound. The building will be built Into a hill on the eastern side. One hundred feet of the property along the eastern boundary will be preserved and remain wooded. F r '1 Page 3—Novemker 12,2009 ZBA#6245- E&C PROPERTY HOLDING, INC.; EDUCATIONAL&CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY,Applicants CTM Parcel#1000-83-2-17.3 i 6. In consideration of the criteria,the Zoning Board of Appeals determines that the benefit to the applicant if this variance is granted outweighs the minimal detriment to the health, safety and welfare of the neighborhood by such grant. SPECIAL EXCEPTIONS FOR A CONFERENCE FACILITY AND MOTEL UNITS STANDARDS/REASONS FOR BOARD ACTION After review of•fhe requirements set forth pursuant to Chapter 280 governing uses by Special Exception review,and on the basis of testimony presented and personal inspection,the Board finds: 1. Granting a Special Exception under Zoning Code Section 280-35B concerning as-built Motel units in a former accesso,y poolhouse building follows the code-required conditions that were satisfied by the existing motel prior to itsacquisition by the applicant. (a) Th*parcel is over 16 acres in size and hence exceeds the 5 acre minimum. (b) Thb maximum number of guest units shall be: [1] One unit per 6,000 square feet of land without public water or sewer [2] One unit per 4,000 square feet of land with public water and sewer. a" (c)No music,entertainment or loudspeaker system shall be audible from beyond the property line. (d)The maximum size of a guest unit shall be 600 square feet. The applicant provided proof that it had obtained public water, however, there is nothing in the record indicated that the property is serviced by public sewer. As such,the one unit per 6,000 sq.ft. requirement is applicable. The maximum size of each guest unit is proposed at 600 square feet(or less to meet code). 2. Granting a Special Exception under Zoning Code Section 280-35B to construct and establish use as a conference facility for member private training and education classes is provided;the meeting house will be used by the samg members who occupy the motel. The conditions listed therein will be satisfied. 3. In addition to the criteria set forth in §280-35B, the additional (as built) motel rooms and conference center as proposed are subject to the criteria set forth in Article XXV of Chapter 280. Upon review of the consideration of.the criteria set forth in §280-143, the Board determines that the proposed uses are in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. ti 4. In addition,the Board has reviewed the General Standards goveming Special Exception uses set forth in Section 280-142 and finds that: A) The use of:the property as a motel and conference facility and related activities as proposed will not prevent the orderly and reasonable use in this zone district and adjacent districts. The adjacent property on the north is the:+Long Island Sound, on the east by a single-family residence, to the south by properties j zoned Agricultural Conservation(AC) opposite Duck Pond Road is a development of single-family homes in the residential zone district. B) This use willmot prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. Page 4—November 12,2009 ZBA#6245- E&C PROPERTY HOLDING, INC.; EDUCATIONAL&CULTURAL FUND OF THE JOINT INDUSTRY BOARD FOR THE ELECTRICAL INDUSTRY,Applicants CTM Parcel#1000-83-2-17.3 C) The sa€ety;,health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the code. E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regarding to visibility,scale and overall appearance. 'I, F) The structurbs,equipment and material will be accessible for emergency protection. RESOLUTION OF THE BOARD: In considering all of the above factors,and in considering all of the above factors and applying the balancing test under New York Town Law 267-B,a motion was offered by Member Simon,seconded by Member Weisman,and duly carried,to GRAINY the variance for the height of a building as applied for and shown on the survey plan last revised 04-20-2009 prepared by John C. Ehlers, Land surveyor conceming the area proposed above the second-story;and to GRANT the Special Exception for the additional (as-built) motel rooms and conference facility as applied for,subject to the CONDITIONS that: 1. The area above the second story in the conference center facility be used solely as access to the open deck,lavatories,attic space,elevator;and 2. No amplified sound shall be audible beyond the property line; and R n 3. All uses of the conference facility must be related to the use of the hotel/motel and utilized by the guests thereof. Vote of the Board: Ayes: Members Goehringer(Chairman) an a ider. Absent was: Member Homing, This Resolution was duly adopted !� G P.Goehringer,Chairman pproved for Filing Ill/,,/ 12009 rd BOARD MEMBERS *0 SOU Southold Town Hall Leslie Kanes Weisman,Chairperson ly 53095 Main Road•P.O.Box 1179 h0� ��p Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning G,% • �� 54375 Main Road(at Youngs Avenue) Ken Schneider l�'C�� Southold,NY 11971 http://southoldtown.northfork.netC lVED ZONING BOARD OF APPEALS �}' TOWN OF SOUTHOLD 4St 4Tel.(631)765-1809•Fax(631)765-9064ld Town Cl tk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 6,2012 ZBA FILE: 6591 NAME OF APPLICANT:-PECONIC LANDING AT SOUTHOLD, INC. SCTM: 1000-35-1-25 PROPERTY LOCATION: 1500 Brecknock Road(adj.to Long Island Sound),Greenport,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 144 acre waterfront parcel in the HD and R- 80 Zones. The property is improved with numerous buildings used in the operation of Peconic Landing a long- term, residential health care facility. Currently there are 250 units with 360-375 elderly residents. All existing structures including a Health Center and Community Center, and the residential units, are show on the site plan survey drawn by Young & Young, dated June 19, 2012. The site plan also shows the proposed additional structures, including the proposed 3 story 40 unit Independent Living building that is the focus of this Application. BASIS OF APPLICATION: Request for Variance from Article V Code Section 280-23 (Bulk Schedule)and the Building Inspector's July 9, 2012 Notice of Disapproval based on an application for building permit for construction of a three story apartment building addition, at;More than the maximum number of 2 '/Z stories. RELIEF REQUESTED: The applicant requests a variance to construct a three story Independent Living facility containing 40 residential units, and underground parking garage, with 12 units located on the first floor, 14 units located on the second floor, and 14 units located on the third floor, when Town Code allows a maximum of 2 %z stories. ADDITIONAL INFORMATION: The Southold Planning Board provided a Memorandum dated Aug. 28, 2012, expressing tentative support for the Applicant's proposed construction, providing that Town Code requirements for yield per acre is met, and pending their complete review of the proposed site plan.The Applicant submitted a yield calculation dated October 4, 2012 prepared by Howard Young and Thomas Wolpert of Young and Young Surveyors verifying that the proposed yield is well within the code permitted yield, and a resident emergency transportation operations procedure to detail how the increased volume of 9/11 emergency transports generated by the increase in residential occupants will be handled by all appropriate agencies. _ r Page 2 of 3—December 6,2012 ZBA File#6591—Peconic Landing at Southold,Inc CTM: 1000-35-1-25 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 6,2012,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 proposed increase in living units will not exceed the density yield per acre that is allowed by Town Code. The 40 unit Independent Living Facility will be located on less than one acre of the 144 acre property. The proposed building height does not exceed the height of other existing buildings on the site. The Applicant must comply with all applicable New York State Fire Codes. 2. Town Law 4267-b(3)(b)(D. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant stated a need for the increase in 40 new living units, and stated that their objective was to construct a three story building with a smaller footprint than that which would be required if they had to construct the 40 units within a two story building with larger footprint. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code allowed 2 % stories. However, the Applicant has stated that there already exists a three story building at Peconic Landing, with a valid CO for each unit on the third floor. The Applicant also stated that "At (only) two stories the building would be unduly extended, would create an additional burden on residents and be further away from the Peconic Landing staff." 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. . The property is adjacent to a large golf course on the easterly boundary, and a working agricultural enterprise on the western boundary, and is well screened from those properties by established vegetation. The proposed new 40 unit building will be located in the center area of the 144 acres, and will not be visible from adjacent properties. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created, since the Applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the Applicant to enjoy the benefit of a new three story 40 unit residential living facility, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Weisman (Chairperson),and duly carried,to GRANT, the variance as applied for, and shown on the survey drawn by Young & Young, dated June 19, 2012, and the architectural drawings by Perkins Eastman labeled A-101, A 102, A-103, A-201and A-301 dated June 11, 2012. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3—December 6,2012 ZBA Fileii6591—Peconic Landing at Southold,Inc. CI'M• 1000-35-1-25 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehrrnger,Dinizio.Schneider and Horning. This Resolution was duly adopted(5-0) Leslie Kanes Weisman,Chairperson Approved for filing /2012 �7Lf -7 o BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o���� S��ryo 1 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Eric Dantes Office Location: 'Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider �l�MUM Southold,NY I 1971 5 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RE RIVE )l , C7 TOWN OF SOUTHOLD 3 Cn Tel.(631)765-1809•Fax(631)765-9064 CT 23 � .� 1 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17,2013 ZBA FILE: 6680 NAME OF APPLICANT: Fordham House, LLC SCTM#1000-21-5-11 PROPERTY LOCATION: 5205 The Long Way (adj. to Long Island Sound) East Marion,NY. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type lI category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Aug 13, 2013, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated Aug. 28, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• The Applicant's property is a vacant 33,005 sq. ft. waterfront parcel, of which 14,820 is buildable land, in the R-40 Zone. The northerly lot line measures 120.96 feet along Long Island Sound. The easterly lot line measures 468.32 feet along adjacent residential property. The southerly lot line measures 57.09 feet along The Long Way, a public road, and the westerly lot line measures 391.75 feet along other adjacent property. The property is shown,with proposed new construction, and proposed building setbacks,on the survey drawn by Kenneth M. Woychuk Land Surveying, PLLC, last revised on 10/2/2013. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 based on an application for building permit and the Building Inspector's July 24, 2013, amended August 6, 2013 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; l) proposed construction at more than the code maximum height of 2 1/2 stories, 2) lot coverage more than the code permitted 20%, 3)less than the code required 100 foot setback from the top of bluff. RELIEF REOUESTED: The Applicant requests variances to construct a new single family dwelling with attic space accessed by a built in stairway, considered to be a third story where the code permits a maximum of 2 %z Page 2 of 4—October 17,2013 ZBA#6680—Fordham House,LLC SCTM#1000-21-5-11 stories, total lot coverage of 22.4% (buildable area)where the code permits a maximum lot coverage of 20%and a building setback of 61.5 feet from the top of the bluff,which is less than the 100 feet required by Code. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant suggested increasing the setback from the bluff to 82 feet, thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The file contains a copy of an expired permit #7139 for the construction of a new welling from the Southold Board of Trustees, dated July 22, 2009 with a reference to a 50 foot Non- Disturbance Buffer area located landward from the top of the bluff with a conforming bluff setback, and a memorandum from the Office of the Engineer of Town of Southold, dated Oct. 3, 2013 in opposition to the proposed non-conforming bluff setback because the existing slopes on the subject property will require substantial land disturbance and re-grading for new construction which, if done within the 100 foot setback from the bluff could lead to bluff erosion. The file also contains a letter from the Pebble Beach Farms Lot Owners Association dated Sept. 27, 2013, and correspondence dated Oct. 3, 2013 submitted by the representative of an adjacent neighbor both against the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013,and October 3,2013, 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 U67-b(3)(b)(1). Grant of the variance for a building height exceeding the 2 %z stories allowed by Code,and subject to the conditions as stated by the Board, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The overall building height will not exceed the total building height allowed by Code. The space will be used as only an attic, without any habitablesnare, but will feature a built in stairway for access, ins ea o a sfan ar pu - own stairway. There will be no door or window access from the attic to an outdoor decorative balcony. Grant of the variance for total lot coverage of 22.4%, exceeding the Code allowed 20%, for new construction on the site will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is not characterized by having an assortment of properties with lot coverage exceeding 20% such as the proposed 22.4% coverage. The Applicant did not submit any supporting information showing any other variances that have been granted within the neighborhood with total lot coverage exceeding the 20% allowed by Code. Grant of the variance for a bluff setback of 61.5 feet as proposed,or 82 feet as amended by the Applicant,and less than the code required 100 foot setback from the top of bluff, for the proposed new construction, will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A permit issued in 2009,47139,by the Town Trustees for construction on the property included a 100 feet setback from the top of the bluff. The Applicant did not submit any substantive information to demonstrate a compelling reason why the new proposed construction on this particular site could not meet the 100 feet setback as required by Code. 2, Town Law &267-bQ)(b)(2). The benefit sought by the applicant for attic space with a fixed stairway, rather than pull down stairs, creates a space with a building height exceeding 2 /12 stories allowed by Code, and this cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit sought by the Applicant for the construction of a new building-on this site cam be achieved by some method, feasible for the applicant to pursue, other than the granting of an area variance-for lot coverage and another variance for the setback from the bluff. The Applicant did not effectively demonstrate that it was not feasible to construct a new building on the site without the granting of these variances. The Applicant did not introduce any (f:'7-0 Page 3 of 4—October 17,2013 ZBAN6680—Fordham House,LLC SCTM#1000-21-5-11 mitigating factors, or show why a building could not be constructed on the site without the grant of the requested variances. 3. Town Law &267-b( b)(3). The variance granted herein for a fixed stairway and attic at a height exceeding the Code allowed 2 %2 stories is mathematically substantial, representing 100% relief from the code. However, the attic space will be for the purpose of storage, only and will not contain any habitable space. The variance as requested herein for total lot coverage of 22.4%, exceeding Code allowed 20%, although not mathematically substantial, would be substantial in a residential neighborhood where there have been no other similar variances granted, and where there are approximately 20 vacant, buildable parcels. The variance as requested herein for construction of a new building with a non-conforming setback from the bluff would be substantial in a neighborhood where the adjacent neighbors have, or did have before Code required such a setback, conforming setbacks when those buildings were constructed. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance granted for a building height exceeding the 2%2 stories allowed by Code, and subject to the conditions as stated by the Board,will have an adverse impact on the physical or environmental conditions in the neighborhood. Evidence has been submitted to suggest that a variance granted for lot coverage exceeding Code allowed 20%, and for a variance granted for a setback from the bluff of less than the Code required 100 feet, in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Information was entered into the variance application from various sources including the Board of Southold Town Trustees, the LWRP Coordinator, and the Office of the Engineer, Town of Southold, that indicate that the granting of a bluff setback variance for such proposed new construction would actually produce an undesirable change in the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief for an attic height exceeding the Code allowed 2 %2 stories is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a fixed stairway access to a third story attic, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Horning, seconded by Member Schneider, and duly carried,to GRANT the variance for a third story attic,as applied for,and DENY the variance for lot coverage exceeding Code allowed 20%,as applied for,and DENY the variance for a non-conforming setback from the bluff as applied for, and as shown on the on the survey drawn by Kenneth M.Woychuk Land Surveying,PLLC, last revised on 10/2/2013. Subject to the following conditions: CONDITIONS: 1. The 3`d floor attic will be utilized only for storage. 2. The 3`d floor attic will have no door or other access to a decorative outdoor balcony. 3. The 3rd floor attic will comply will all local and state fire codes. 4. The 3`d floor attic will not contain any habitable space. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. • w` Page 4 of 4—October 17,2013 ZBA#6680—Fordham House,LLC SCfM#1000-21.5-11 Before applyink for a building hermit, the applicant or agent must submit to the Board of Appealsfor approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals, Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformilies under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was: Member Goehringer) This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing /p/.�/ /2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��®� ®�T�® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora =� _ °�:'-''� '•� Office Location: _ Eric Dantes �n i Town Annex/First Floor' Robert Lehnert,Jr. ® - a® 54375 Main Road(at Youngs Avenue) ® a __ Nicholas Planamento Ze, Southold,NY 11971 hq://southoldtowmy.gov RE V E,VE � ZONING BOARD OF APPEALS & '' 'A i��4ed�9 3��.h�V TOWN OF SOUTHOLD F E B 2 6 2019 Tel.(631)765-1809-Fax(631)765-9064nVA • �s Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION +ETING OF FEBRUARY 21, 2019 ZBA FILE 7214 NAME OF APPLICANT: 8100 Hortons Lane,LLC PROPERTY LOCATION: 8100 Hortons Lane, Southold,NY SCTM No. 1000-54-4-31 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 8, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued a recommendation dated October 25,2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the recommendation of the coordinator that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. Furthermore, when the action is assessed with the surrounding community character, the addition of a third story in this instance does not fully foster a pattern of development that enhances community character, as indicated in Policy 1 criteria of Chapter 268. Furthermore, the proposed action does not meet Policy 4 which supports relocating and or decreasing the size of non-water dependent structures in vulnerable areas. The purpose of the regulations within Coastal Erosion Hazard Area and FEMA flood zones is to avoid and minimize structural loss. The proposed third story structure is located in an area subject to repeated storm surge and expected structural damage and loss over time. In order to mitigate inconsistencies with LWRP policy standards, the applicant has proposed elevating the structure o comp ranee ei is creatin a rrst rnrshed floor at 14 feet. No other uses uta asemen garage storage wr e ur t at group eve . With the applicant's propose a rtronal improvements, including the installation of an IA sanrtary sys em, an conditions imposed herein, the Board finds the action CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. TOWN OF SOUTHOLD BOARD OF TRUSTEES: As a response to a memorandum sent to the Trustees on August 20, 2018, asking them to review a wetlands application for the subject action, the Trustees issued a Wetlands Permit on November 14, 2018 allowing the applicant to demolish the existing one-story dwelling with y Page 2, February 21, 2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 garage and accessory structures and construct an elevated three story 2,205 sq.ft.dwelling. The Trustees have also required that the applicant install an Advanced Wastewater Treatment System. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 31,063 sq. ft.parcel with 12,660 sq. ft. landward of the Coastal Erosion Hazard Line(CEHL). The parcel measures 200.88 feet fronting Horton Lane along the southwesterly property line,measures 348.14 feet along the southerly property line, measures 54.82 fronting the Long Island Sound along the northeasterly property line and measures 416.95 feet along the northerly property line. The parcel is improved with a one-story house and garage with an enclosed porch and outside shower. A framed shed is located seaward of the CEHL as shown on survey prepared by Nathan Taft Corwin III, L.S., last revised January 2,2018. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-13 and the Building Inspector's July 5, 2018 Notice of Disapproval based on an application for a building permit to demolish an existing single family dwelling and construct a new single family dwelling, at; 1) more than the code permitted maximum two and one-half(2-1/2) stories; located at: 8100 Hortons Lane, (Adj. to Long Island Sound), Southold, NY. SCTM No. 1000 54-4-31. RELIEF REQUESTED: The applicant requests a variance to constrict a single-family dwelling with a non- permitted third story with the ground level to be used as a non-habitable garage and storage area. All proposed improvements will be built landward of the Coastal Erosion Hazard Area. ADDITIONAL INFORMATION: The Board received a letter by a Professional Engineer representing the applicant dated February 4, 2019 explaining FEMA, and base flood elevations relative to this application. The applicant has received a Board of Trustees Wetland Permit because the proposed new dwelling will be located out of the CEHA and into an AE Zone on the subject property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 7,2019 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 5267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties.The proposed dwelling is similar in size and height to many other new and renovated waterfront dwellings along North Sea Road that are elevated to FEMA requirements. Most homes in the neighborhood include attached garages. 2. Town Law 5267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant proposes to demolish an existing dwelling and accessory structure Iocated in the Coastal Erosion Hazard Area and to build a new dwelling landward of the Coastal Erosion Hazard Line on the subject property. The applicant also proposes to locate a new IA sanitary system in the code conforming front yard. The subject property has street frontage on a curve in the road that joins Horton Lane to North Sea Drive. Collectively these factors, severely limit the buildable area of the lot, especially within the front yard, leaving no feasible alternative but to locate a garage within the elevated foundation of the new dwelling. -7(5 Page 3, February 21, 2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 3. _Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the parcel is located in the FEMA regulated AE zone which requires the proposed residential structure to be built on a foundation that is 12 to 14 feet above grade. To build a two-story dwelling on the required foundation,the applicant must seek a variance for a three-story home. Further,the proposed dwelling is conforming in height. 4. Town Law 5267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and be compliant with FEMA regulations and requirements set forth in the Board of Trustees' Wetlands Permit. Also, the proposed construction replaces a dwelling and sanitary system that is seaward of the Coastal Erosion Hazard Area, thereby being more conforming in location and lessening adverse environmental impacts 5. Town Law 5267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a single family 3 story dwelling while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Chairperson Weisman, seconded by Member Planamento,and duly carried,to GRANT the variance as applied for, and shown on the site plan prepared by Stacy Marshall Paetzel, revised November 2, 2018 and Architectural floor plans and elevations prepared by Meryl Kramer, Architect, dated July 10,2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall install an alternative waste water treatment system as approved by the Suffolk County Department of Health. 2. The ground floor(garage and storage area)shall remain non-habitable and unconditioned space. 3. The applicant shall install a sprinkler system per NYS Building Code requirements That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. i • AH L.-7-0 Page 4, February 21,2019 #7214, 8100 Hortons LLC SCTM No. 1000-54-4-31 If the Building Department determines that the construction of additions and alterations, as described in this determination, exceed the scope of the approvals granted herein, or a demolition has occurred, the Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approvals or any term or condition thereof or to impose thereon one or more new conditions, pursuant to Article XX!V, Section 280-141 of the Town Code. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes,Planamento and Lehnert. This Resolution was duly adopted(4-0). (Member Acampora was absent) Leslie Kanes Weisman, Chairperson Approved for filing /2019 BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson oF soUryo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��yCOONT`l� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS' II TOWN OF SOUTHOLD , F Tel.(631)765-1809•Fax(631)765-9064 JAN 0`5 202 ,nutr oic Town Manning Board January 4, 2021 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 ' Re: ZBA Pile Ref.No. #7470 KREGER, Michael Dear Mark: We have received an-application for additions and alterations to an'existing single family_ dwelling in conjunction with BP#4431Z (third story). 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 Chairper G - V By: Encls :. Enc/ /Site Plan : John Metzger(Peconic Surveyors) Dated : September 3, 2019. BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman,Chairperson so /y®l 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. • �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lyc®UNT`I Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD January 5, 2021 Tel.(631)765-1849 -Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7470 Owner/Applicant : KREGER, Michael Action Requested : Additions and alterations to a single family dwelling in conjunction with BP#4431Z (third story). Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. V Very truly yours, Leslie K. Weisman ZBA C,Pr opbud By: Encls. Survey/Site Plan - John Metzger(Peconic Surveyors) Dated : September 3, 2019 BOARD MEMBERSo f SOuj Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �`cO • O � 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento COU NT`I Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 April 8, 2021 Stephen Kiely P.O. Box 567 Mattituck,NY 11952 Re: ZBA—Application#7470 Kreger, 952 Bay Shore Road, Greenport SCTM No. 1000-53-3-13.1 Dear Mr. Kiely; Enclosed is a copy of the Zoning Board's April 1, 2021 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Thank you. Sincerely, i Kim E. Fuentes Board Assistant Encl. cc: Building Department SEE SEC NO 045 O r SEE SEC.NO.G45 - MATCH -- UNE _ FOR PCL NO. 1- R 1 7A(L) 5045-05-004 O. TOWN OF 3 SOUTHOLD V FOR PARCEL NO. / •`SO\ �" n4 SEE SEC.NO. _ .�2 g 3 7.BA(C) 8 . 045-05-007.3 Q Pt <L• ,g R 82 O 8 10.4A X 1 iO 4 TOWN OF SOUTHOLD TOAN OF / r s4o" 17 B3 8 9 iD l 8.8A(C) - 3R TOWN OF 137A(C) $ a I SOUTHOLD 8 COUNTY OF SUFFOLK I WH°"'— m LA's _ ,� c f% t r , 4 r} 10 - 327�(c), 2 (C)5A ns 153 s - _� y-^ e• ,,r, '�`' S Rp 11 _ ,m „•r P;• r8 r!/ OF "•y v _ s 12 133 14 ®sounioLn� ^ _-• - '4 _ a�•� 3 Q• F : 8 _ TOWN OF Q74 4� w m r�;9twx._ a 2 SOUTHOLD Q� .. 11.1A(C) N c"�:u�'�. TOWN OFSOU,IHOLD `LrF/jw/�s� / rrr�C f�Ql LANG FRI-sEx_vAT1ON Dip, 14.1 d p.Jj - ,m.��-• TOWN OF SOUTH, '6 ` ^mil,, d `a .2 4 d•' .'' PIPES CREEK ` c (\a 28 •� TrS 4 �•,� ` ti a 9 L ®:e',' air. —,ati- •^. I i.3A(C) N $ 's, �� "B I � � � � ����i @•y,;,a. ..-y.d: rrsy -cJy , ,'� .. -(c ��P`� � .g - s.tA(L) I� ' y 3T �'$r'`�� e>«i� �, +�,Q«•�' ,,e ° r'�', Y' �r A` �' � ^ , ... `,� ro � 4444 �JA , � YY�«p .t �-J[t .r.r- r •Y �` - _- 4— ,q, ;w �, rye .,> $ -N �oFsotiJFrolD 4 L$ `.•k "%• ., `^' x, , '? / `AnaveASE?JE?M 4 ;r9, is ',•�/yr e', �:� . -'a0 ij+7? ,. •� ', 00< a e 7Q72 ns,,., h, v �•, ' -' �'m :,a j u�i a ,gr2B4,•,p ,, ro',0. 13^14r-�, A ,a p� o r 75- Vr Ap "r lg A, 4r q ass 5C 'a T® ,–7 is .x F-8 � w7 s 79.- Sia�vCjV W �a, c' .r2jy. 1j 78 1.0 20 ,b R• ,� 7>>3' •�- P 9q,2 sQ ',iia ag - t .^ ?s� # ? M a .p r• ��,H_ �j §' F' ?r' _ - � Aos"' �!y✓� a'qs,9 "�,`y� 'a, •3 R°'�s �}_u�-tea °i •''�>-/�F�,`ezi'i �' ar -• �!'� qa$.: �..,r a '�. ® `«Y ave' ,fir `ai ,y a, �c ��,��4`9', Ora#7470 Y i�.(n�r1r fv(t chad �•3� ,tT `nim �j `Y^ _, 0–vL L5 3 —3- 1,3 , / "7 3 14J . / sal w �' � 4' �, 46.10 1-05: 9 pay 8' 48. , S 7-77^ m 46Y1 468 3f' 3 72A ur UNE MATCH p� 3EE SEC.NO.057 SEE SEC NO.057 -- NOTICE mmv COUNTY OF SUFFOLI ONNTEN CE ALTERATION,SALE OR 4 Real Property Tax Service STRIBUOON OFANY PoRTION OF THE County Center Riverhead,NY 1198 -- XFOLK COUNTY TAX IMP IS PROHIBITED _ _ M WTHOUTTTN ISSIONOFTHE v��a5 me e m0 REILL PROPERPERTY TAX SESERVILEAGENLY