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1000-90.-1-19
OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 ®��®� ®U��°®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) °` Southold, NY ,meq Telephone: 631 765-1938 �� www.southoldtownny.gov irouwl PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date November 22, 2022 Re: LWRP Coastal Consistency Review for ZBA MICHAEL RENDEL#7706 SCTM# 1000-90-1-19. RICHARD J. SAVARESE#7707 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to legalize an"as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code minimum side yard setback of 10 feet; 2) located less than the code minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj. to Orient Harbor) East Marion,NY. SCTM No. 1000-37-6-7.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item"F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; 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: John Burke, Acting Town Attorney BOARD MEMBERS o f SOUL Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acamporac Office Location: Eric Dantes :;r r Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU{I� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 2, 2022 Mark Terry, Assistant Town Planning Director RECEIVED LWRP Coordinator - Planning Board OfficeAUG 22 Town of Southold Town Hall Annex ,� Soutnoid 1"own Southold,NY 11971 Planning Board Re: ZBA File Ref. No. # 7706 Rendel, Michael Dear Mark: We have received an application to legalize an "as built" front stoop and rear deck to a pre-existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe n By: Encls Survey/Site Plan Kenneth Woychuk Date : December 9, 2021 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: May 4, 2022 RENEWED: July 21,2022 TO: Martin Finnegan(Alsobrook) PO Box 1452 Mattituck,NY 11952 Please take notice that your application dated March 31, 2022: For permit to: legalize"as built" a front stoop and rear deck to a pre-existing single- family dwelling at: Location of property: 130 West Lake Drive Southold,NY County Tax Map No. 1000 - Section 90 Block 1 Lot 19 Is returned herewith and disapproved on the following grounds: The "as built" construction on this nonconforming 12,646.57 sq. ft. lot in the R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and a rear yard setback of 35 feet. The front stoop has a front yard setback of±28.5 feet and the rear deck has a rear yard setback of 32.6 feet. Authorized SignaYze Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. StreeHamlet dfoci M? 6W SCTM 1000 Section176 Block__L_Lot(s) I C? Lot Size ®.2 9 .4 Zone R I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPEC OR DATED BASED ON SURVEY/SITE PLAN DATED 2 Off Owner(s): H/QM& P9 N - Z, Mailing Address: 61 wgrr. �M rT ARx 6_e )14 Telephoner/7238 (�?6®Fax• Email: $/�? �®^ COPY 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: D�-® W,Wor W Owner()Other: Address: gC. e6 Gt747 rKIZ2V ® AI® 9 ZZ Telephone;f&65B- 6 Fax: Email: elk-91a ®/4 NZ Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (gAuthorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 12191117�z,1 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.) 1214Article �( j I I Section: ,�c'�® Subsection: Type of Appeal. An Appeal is made for: 14 A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, W has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). .(Please be sage to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# s REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby �� LL properties if granted,because: �/�'0( /�®�j�O�' �� CO/������� C� S�. s e�E��,�® ���� ��#✓.��D/-3b�� AN/ !s' GU -� Y�,����C 1'.r HCl-1911/ r1v14,e.4 eT Orc �!��' N ICy`��Q�i�ao� 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: F O� 7 YY' �2 p��'� Q� �'V to k ��.�,1�1J/1,-�' IN L o Oil x"/10 A/Y �'`1�'�� ��� y�� O•X'Y B�l�v CLQ �/ vY-��� V<4�'`.a��,�� �� �''�� � �� D o 3.The amount of relief r ques �ted is not substantial because: T—�� G��l',j�f,/iL � � r6 1111,V XVX v•N,-"-?1e6A64rY 1.M/0 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: A� e C�� I-AtL40 0/!!7'' �i��C�C ��O��C> G�D�S' 0 z 07 5.Has the alleg d' k1ty e e c eated. es,or o Why: Are there any Covenants or Restrictions concerning this land? WNo { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 1.12 day ' of �(>�� ,20 CONNIE C.BUNCH A ` F Notary Public,State of New York VA 'l� 1, 1(j� No,01 SU6185050 Notary Public Qualified in Suffolk County Commission Expires April 14,2 APPLICANT'S PROJECT DESCRIPTION APPLICANT: (ell-1,401e DATE PREPARED: Z no 'dZZ 1.For Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N1- Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes j please provide height(above ground) measured from natural existing grade to first floor: JV1 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: /Z/1�'1 -7.41N& Number of Floors and Changes WITH Alterations: 2 ✓ .�'/� 014VEIC' � IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: G® . �• JC 0�• Proposed increase of building coverage: Mf+ C p Square footage of your lot: 56 0( 0 - • `� Percentage of coverage of your lot by building area: 9 V. Purpose of New Construction:g 7 6 L �' Z,� �/¢f ll L� , lC IC S d? 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 APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _ No B. Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? Al 0 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulls headed between the wetlands area and the upland building area? Y 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? X51 confirm status of your inquiry or application with the Trustees:J:lr%jVj2FZ epWgr#CC&W 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?-g 0 E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?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? Al 0 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. J)6;5 "LOLL OW/Wo H. Do you or any co-owner also own other land adjoining or close to this parcel? A16 If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel 0 A(Z d6 &11-V and the proposed use 99s' r}'A 0A1Z A` HIL-V �j (ex: existing single family,proposed: same with garage, pool or other) �agi1/24/e 0 Z 2� Authorized signature and Date +t-•_ Y};o�agUf tkCOG: Town of Southold 4/30/2022 P.O.Box 1179 y Y 53095 Main Rd ap 'v' Southold,New York 11971 � CERTIFICATE OF OCCUPANCY No: 47521 Date: 4/30/2022 THIS CERTIFIES that the building ELECTRICAL Location of Property: 130 W Lake Dr., Southold SCTM#: 473889 See/Block/Lot: 90.-1-19 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3/4/2022 pursuant to which Building Permit No. 47521 dated 3/4/2022 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: 200 amp electric service.panel and sub panel. The certificate is issued to Alsobrook,Victor&Gloria of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 47521 3/24/2022 PLUMBERS CERTIFICATION DATED • tkuthorize ignature 1F0E �a�� Town of Southold 4/30/2022 �s�' P.O.Sox 1179 �Yo N m53095 Main Rd "` Southold,New York 11971 'CERTIFICATE OF OCCUPANCY No: 43025 Date: 4/30/2022 THIS CERTIFIES that the building AS BUILT ALTERATION Location of Property: 130 W Lake Dr,Southold SCTM#: 473889 Sec/Block/Lot: 90.-1-19 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore fled in this office dated 3_/23/2022 pursuant to which Building Permit No. 47626 — dated 3/31/2022 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"bathroom to existing single-family dwellinm as applied far.. The certificate is issued to Alsobrook,Victor&Gloria of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 47626 4/28/2022 PLUMBERS CERTIFICATION DATED uth riz ignature WA �' .c-W •a F, t ¢Txi' 3'ts I{��111�111��11116{II��1�1 II���III�I{{�fi�Il{!loll I�11 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 6/13/2022 Number of Pages: 4 At: 10:49:28 PM Receipt Number: 22-0097669 *ELECTRONICALLY RECORDED* Transfer Tax Number: 21-37707 LIBER: D04013160 PAGE: 033 District: Section: Block: Lot: 1,000 090.00 01.00 019 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount $1,600,0.00.00 Received the Following Fees' For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5. 00 NO NYS SRCHG $15. 00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $200 .00 NO Mansion Tax $0. 00 NO EA-CTY $5.00 NO EA-STATE $125..00 NO TP-584 $5.00 NO Comm.Pres $29,000.00 NO Transfer Tax $.0.00 NO Transfer Tax Number: 21-37707 Fees Paid $29,395.00 THIS PAGE IS A PART OF THR INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County .r ece;r.:OWEV Number of pages 4 6/13/2022 10:49:20 PM JUDITH A. PASCALE CLERK OF • This document will be public SUFFOLK COUNTY record. Please remove all L D00013160 Social Security Numbers P 033 prior to recording. 21-37707 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording./Filing Stamps 31 FEES P 20.00 Mortgage Amt. Page 1 Filing Fee 1. Basic Tax — Handling 20. 00 2. Additional Tax — TP-594 5.00 Sub Total 0.00 SpecJAssit. Notation or EA-52 17(County) 5.00 Sub Total 50.00 Spec./Add. _ EA-5217(State) 125.00 TOT.MTG.TAX — 200.00 Dual Town Dual County— R.PT.SA. Held forAppointment Comm.of Ed. 5• 00 1 Transfer Tax 0.00 T • + Mansion Tax 0.00 Affidavit The property covered by this mortgage is Certified Copy 0.00 or will be improved by a one or two NYS Surcharge 15. 00 345.00 family dwelling only. Sub Total YBS or NO Other Grand Total 395.00 If NO,see appropriate tax clause on page# bf dds instrument. 4 1 Dist. Section Block Lot 51 Community Preservation Fund Real Property 22025152 1000-090.00-01.00-018.000 Consideration Amount$1.60 0,000.00 Tax.ServiceT Agency �RM'iS CPF Tax Due $ 29,000.00 Verification Improved x 6 Satisfactions/Discharges/Releases List Property Owners Mailing Arldress RECORD&RETURN TO: Vacant Land Fidelity National Title - Riverhead, BY TD. 10 24 Counk6ree Drive Mastic NY 11950. TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 h3jQMAtion 310 Center Drive, Riverhead NY 11901 Co e www.sullolkcouniyny.gov/clerk Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached DS® made by: (SPECIFY TYPEOF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SCUMOIaD In the VILIAGE or HAMLfiT of BOXES 6THRU 8 MUSTBH LZB .O ,,PRINM IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) If the document-youW just recorded is your SATISFACTION OF MORTGAGE,please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *.You will now need to rontact 3C4"r (oral Town Tax Receiver at you may be billed directly fn3 all future pmpeay ttax statement Local property.taxes are payable twice a year: on or before January 10th and on or before May.311t Failure to make payments in a timely fashion could result in a penalty. Please contact your local 'tows Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)'957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill .Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-.9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold,N.Y. 11971 (631) 224-5580 (631) 765- 1803 Sincerely, Judith A. Pascale Suffolk County Clerk sao�a_oa/oam Number of pages This document will be public record.Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt.1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Asslt. or EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. � r Dual Town Dual County _ ' Held for Appointment Comm.of Ed. 5. 00 TransferTax Affidavit. + + Mansion Tax Certified Co The property covered by this mortgage Is Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other _ Grand Total If NO,see appropriate'tax clause on page# ' of this Instrument. 4 Dist.100o Section 0 Block Lot 19 5 Community Preservation Fund Real Property Consideration Amount$ Tax Service Agency CPF Tax Due $ Veeificatlon Improved. 6 Satisfactions/Discharges/Releases List Property Owners Mailing address RECORD&RETURN TO: Vacant Land L L� TD P D• 3px 70co TD eL(TC-lw�LcfL N l 1193--, TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name ylJ www.suffolkcountyny.gov/clerk Title# s Suffolk Coun Recording. & Endorsement Page e This page forms part of the attached 1 made b)r (SPECIFY TYPE OF INSTRUMENT) /V+'C [ nbs— P'a J�I cot;r oo k The premises herein Is situated In C..O/ad`'A JE. SUFFOLK COUNTY,NEWYORK TO In the TOWN of �Or.�nl cQ i'Yl 1 011 4 e( �IC2lJ� In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over Ll qV NY 005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) • CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY RS 04 THIS INDENTURE,made the day of April in the year 2022 BETWEEN Victor Paul Alsobrook and Gloria E.Alsobrook,husband and wife,residing at 130 West Lake Drive,Southold,NY 11971, party of the first part,and Michael Rendel,residing at 25 Laurel Lane,Sag Harbor,NY 11963, party of the second part. WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid by<tlie party of the second part,does hereby grata and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, . ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,more particularly bounded and described in Schedule"A" attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated May 15,2013 and recorded June 30,2014 in Liber 12779 Page 211 in the office of the Clerk of the County of Suffolk. TOGETHER with all right,title and interest if any,of the party of the first partof,in and to any streets and roads abutting the above-described premises to the centerlines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises:TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word"party"shall be construed as if it read"parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: C Victor PqlbulAlsobl L! Gloria E.Alsobrook•c��Gl�a FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO.7404-012989 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-090.00-01.00-019.000 AMENDED 12-13-2021 ALL that certain plot,piece or parcel of land,situate,lying and being at Cedar Beach Park,in the Town of Southold, County of Suffolk and State of New York,known and designated as Plat 124 on a certain map entitled"Subdivision Map Cedar Beach Park,situated at Bayview,Town of Southold,New York,surveyed and certified by Otto W.Van'Tuyl, Engineer and Surveyor"and filed in the Office of the Clerk of the County of Suffolk as Map No.90,said premises being bounded and described as follows: BEGINNING at the Northwesterly comer thereof at a monument set at the point of intersection of the Southerly side of West Lake Road with the Easterly line of Lot No.125 as shown on the above mentioned filed map,said monument being distant as measured along the Southerly side of West Lake Road 84.38 feet Easterly from the Easterly side of Peconic Bay Lane; RUNNING THENCE from said point or place of beginning South 67 degrees 25 minutes 20 seconds East along the Southerly side of said West Lake Road 100 feet to a monument set In the Northwesterly corner of Lot No. 123 as shown on the above mentioned filed map; THENCE South 21 degrees 14 minutes 40 seconds West along the Westerly line of said Lot No.123,a distance of 126.5 feet to the existing bulkhead erected along Little Peconic Bay; THENCE along said bulkhead erected along Little Peconic Bay,North 67 degrees 25 minutes 20 seconds West a distance of 100 feet to the Easterly line of the aforesaid Lot No.125; THENCE North 21 degrees 14 minutes 40 seconds East along the Easterly line of said Lot No.125 a distance of 126.5 feet to the monument on the southerly side of West Lake Road at the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and.to the land lying in the street in front of and adjoining said premises. TOGETHER with all the right, title and Interest of the party of the first part'of, in and to the land lying Southerly of the Southerly boundary of the premises as above described and between the same and the ordinary highwater mark of Little Peconic Bay, being bounded Westerly by the extension Southerly In a straight line of the Westerly boundary of the premises as above described and Easterly by the extension Southerly of the Easterly boundary of the premises as above described. TOGETHER with all the right,title and interest,if any,of the party of the first part of, in and to the waters and land under the waters of Little Peconic Bay lying in front of and adjoining th above described premises on the South. TOGETHER with all the right, title and Interest, if any, of th party of the first part of, in and to West Lake Road, 33 feet wide, lying in front and adjoining the above described premises on the North to the center line thereof, including an easement for Ingress and egress over and upon the same for its entire width and distance,and also over all streets,roads, drives,and lanes as laid down on the above mentioned filed map;and all the right of ingress and egress in and to any of the inlets,basins,or harbors on said map and the right to moor a boats in Cedar Beach Harbor. TOGETHER also with right to which is to run with the land to use and enjoy In common with others enjoying similar rights and privileges those portions of cedar beach park which have been or may hereafter be set aside for community purposes subject to rights,reservations,rules and regulations of record. END OF SCHEDULE A USEACKNDtVIEDGMENTFORMRELOIVIVITHINNEIVYOPKSTATEONLY. USEACKNOWLEDGMENTFORMBELOW WITHIN NEWYORKSTA 77.O,VLY. Statg df New York,County of S u FFo�K }ss.: State of New York,County of )ss.: On the rj day of April in the year 2022 On the day of in the year before me,the undersigned,personally appeared before me,the undersigned,personally appeared Victor Paul Alsobrook and Gloria E.Alsobrook personally known to me or proved to me on the basis of satisfactory personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(ate)subscribed to the evidence to be the individuals)whose name(s)is(are)subscribed to the Within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/shetthey executed the same in his/her/their capacity(ies), and that by his/hentheir the same in his/hedtheir capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon signature(';)on the instrument,the individual(;),or the person upon behalf ofabi-chamidixigu d,ex turd th instrument behalf of which the individual(s)acted,executed the instrument. SCHWEITZER ANNALISE NOTARY PUBLIC•STATE OF NEW YORK NO.01SC64ON57 Notary Public QUALIFIED IN SUFFOLK COUNTY a� AWW 15 wL t Ips Notary Public MY COMMISSION EXPIRES SEP 28,20 ACKNOWtEDGMENTFORMFOR USE WfTFIrNNEWYORKSTATEONLY: ACKNOWLEDGMENTFORMFORUSEOMIDENEwYORKSTATEONLY. tXmv York Subscribing Witness Ackr:owledgment CerNfcme) /Out of Stale or Foreign General Acknowledgment Certificate] State of New York,County of )ss.: ..................................................I ss.: (Complete Venue with Stale,Country.Province or UnniciPality) On the day of in the year before me,the undersigned,personally appeared On the day of int the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom 1 am personally acquainted,who,being by.me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that heAlie/they reside(s)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed (if the place of residence is in a city,include the street and street number, the same in his/hedtheir capacityy(ies),that by hisAied their signatttre(s) if any,thereof);that he/she/they know(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the instrument;that said subscribing witness was present and saw said execute the same;and that said witness at the same time subscribed (insert the city or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALR DECD wrrtr COVIWArns Aontnsr nRANroR•s ACTS TITLE NO. DISTRICT 1000 SECnON 090.00 Victor Paul Alsobrook and Gloria E. BLOCK 01.00 Alsobrook,husband and wife LOT 019.000 COUNTY OR TOWN SOUTHOLD TO Michael Rendel RECORDED ATREQU07.OP Fidelity National Title Insurance Company RETURN EYMAI LTO FIDELITY NATIONAL TITLE David W.Olsen,Esq. INSURANCC COMPANY Olsen&Olsen LLP IA'CORROJUTEn IM PO Box 706 cy to d,Fidelity.�lr�e�.I- Cutehogue,NY 11935 nr�,mrrna.r a sat„cw„rno-A,„xronm, W v 0 0 0 z 'e x 8 w tic U. 0 W U a a N N_ W 2 NW W a Glenn Goldsmith,President V so Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President © P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly G Telephone(631) 765-1892 Elizabeth Peeples �O �� Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Permit No.: 10101A Date of Receipt of Application: March 23, 2022 Applicant: Victor P. & Gloria E. Alsobrook SCTM#: 1000-90-1-19 Project Location: 130 West Lake Drive, Southold Date of Resolutionlissuance: April 13, 2022 Date of Expiration: April 13, 2024 Reviewed by: Elizabeth Peeples, Trustee Project Description: As-built 29'x9' side brick porch, a 26'x15' brick patio at grade and a rear wooden deck 24.6'x15'5" deep, 37" above grade with 5'4" x 6'2"wide access stairs seaward of the deck, lying 32.6' landward of existing permitted timber bulkhead. Findings: The project meets all the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code. The issuance of an Administrative Permit allows for the operations as indicated on the survey prepared by Kenneth M. Woychuk Land Surveyor, dated December 9, 2021, and stamped approved on April 13, 2022. Special Conditions: None Inspections: Final Inspection. If the proposed activities do not meet the requirements for issuance of an Administrative Permit set forth in Chapter 275 of the Southold Town Code, a Wetland Permit will be required. This is not a determination from any other agency. Glenn Goldsmith, President Board of Trustees Glenn Goldsmith,President® S01 Town Hall Annex 54375 Route 25 A.Nicholas Krupski,Vice President O� �1� � P.O.Box 1179 Eric Sepenoski Southold,New York 11971 Liz Gillooly G Telephone(631) 765-1892 Elizabeth Peeples y4 Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1910 C Date: April 13, 2022 THIS CERTIFIES that the ekisting 2.0'x9' side brick poicil a 26'xl5' brick patio at grade and a rear wooden deck 24.6'x 15'5" dem 37" above grade with 5'4"x 6'2".wide access stairs seaward of the deck lvin_g 32.6' landward of existing_pei'mitted timber bulkhead. At 130 West Lake.Drive. Southold Suffolk County Tax Map#1000-90-1-19 Conforms to the application for a Trustees Permit heretofore filed in this office Dated March 23, 2022 pursuant to which Trustees Administrative Permit#10101A Dated April 13, 2022,was issued and conforms to all the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the existing 29rx0' side brick poreh a 26'x•15'.brick patio at ;rade and.a rear wooden deck 24.6'x 15'5" deep 37"above grade with 5'4"x 6'2" wide access stairs.seaward of the deck. --- tving'32 6' landward of existing permitted tiniber'bulk-head; The certificate is issued to Victor P. & Gloria E. Also rook owner of the.aforesaid property. i- L 44,WWJ(— Authorized Signature AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law, 1. Name of Applicant: H/C//��C A ,AKAR 4 CAC 2. Address of Applicant: 6 gog 04 971 3. Name of Land Owner(if other than Applicant):, /C/�,�� L 4. Address of Land Owner: 6' lov 9-Ar'T 4p1' 6 Al Y.AI.V- /061 5. Description of Proposed Project: 4 .4 fl;v�U®CJfel Cll 0i' xlj ct 6. Location of Property: (road and Tax map number) /70 Vi��3'�' ��lGr�if',�� rl] MY 117-71 7. Is the parcel within 500 feet of a farm operation? { } Yes {W No 8. Is this parcel actively farmed? { } Yes {4 No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor.Information Name of Action or Project: g1QV'0 G . L C o Project Location(describe,and attach a location map): pi 110 L1.4J D O� Brief Description of Proposed Action: J/ z 46641145 14Y FP167--y1 .9,01C1zf 17166P Aum TIa ' °/ �U/«Gf*�CIZ Z.&U ire Cvo� ��Pure�, A ZAAW Naive of Applicant or Sponsor: Telephone: 6607 E-M Address: City/PO: State: Zip Code: City/PO: -T 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? 0, L-y 1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? cres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ;Residential(suburban) ❑Forest ❑ Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? o° b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: y 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? ly c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies• X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Lk X 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? X 13. a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: J4 Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban OSuburban 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 X 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.Will stonn water discharges be directed to established conveyance systems(runoff and stone drains)? If Yes,briefly describe: ❑NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the siteof the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: �2� �(2Z Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 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 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) 1, - PA C-VjPk6 . 't2-6 f-JDC-L --residingat_X50 WC-S-r L-A O-1vt-, (Print property owner's name) (Mailing Address) %e`x(16 do hereby authorize t^^`C--V4, tC#— 1,t MA CK -- (Agent) to apply for variance(s) on my behalf From the Southold Zoning Board of Appeals. (Owner's Signature) (*At LV\A t:t_ (Print Owner's Name) APPLICANTIOWNEIt TRANSACTIONAL DISCLOSURE FORM The Torn of Southold's Code of Ethics nrohibils conflicts of interest on the part of town officers and employees.The purpose of this Form is to provide information which can alert the torn ofgo.siblc conflicts of interest and alloy it to take whatever action is necessan•to avoid same. YOURNAME : RC--O7EL, Mtc"AEL 'T (Last name,first name,middle initial,unlc.s you are applying in the name of someone vise or other entity,such as a company.if so,indicate the other person's or compa n\'s mune.) 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,sponse,sibling,parent.ot•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((he:ipplicantlitgcat/representative)and the toren officer or employee. Eitlicr 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) H)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 DESCRiP"[ION OF RELATIONSHIP Submitted this 1-9(lay of TylJ t ,20 12. Signature W --� Print Name 1 t;\ �FL- l 1Z-5J0 L AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : n1fA C,V— /11 CAl/5L- (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE 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 -7,day ofn.7V1. ,20 Signature �t , a Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to malting a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office: B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# �- _- _ The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. [11 Building Dept. JeN Board of Trustees 0 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant,loan, subsidy) (c) Permit, approval, license, certification: IM Nature and extent of action: 1 Cly zldw ' ?%/5 f,I"A% oCROR Tye �ACAIT Aid®f�, �1�� �11�/,� 7#' -0 "'AT &-111-Z r.' 4p,j!5C16 4.46yy �� Location of action: 1Q0�3'� �� A"n -rD �dd� Site acreage: ®. Present land use: � ,�.' PA1�� Present zoning classification: R— .4 0 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: /��COQ A& Ak1AH14 VK (b) Mailing address: (c) Telephone number: Area Code 6 6!U- 6 R 7 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ Not Applicable ®0115 Amer"',L �1G T°UY1 OE73' 0027V6 o� Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable ®a, 5 Al 0 J/ O X ANna/ 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 0 Yes No 0 Not Applicable �cx LAeL ® 1n AM9 9W-A S' f?/JV/off.- I&PAM�"� Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes 0 No 1E Not Applicable P6419Y4 7-0 Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria Yes 0 No ®Not Ap licab e Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No[Z Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [E No� Not Applicable P&I CY -7 A11A X"® WX je&_ZCZW& Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeLl No LX Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Not Applicable 801-!Y / oA11.4 rjO rR1Aee(-1CAY70A1 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ 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 -1 No VE Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No� Not Applicable Pic/cam/.? 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J AGEU,/ z., "r BUILMNG CONDITION - - NEW NORMAL, i _ .BELOW - - ABOVE :ql/ = _ � � � '� ', r Farm ' Acre I Value Per Acre Value ------ -3� i -"05 L p',14 � ilab.le 1 i l lab le 2-, -- _--- TOWN flab le. 3--- ----- - --- �� 2022 ------ - ----- /oodland --- --- _- - vampl'and --- --..� -- -- - -- rushland louse Pfot ata! I l Sm R ffla I CNI Bldg. Foundation IGufBath Basement i. Floors ,J (tension jr /r � .ar,.. - - —�— Interior Finish (tension Ext. Walls denrsion Fire Place i S�U'u Heat Oxe Porch Attic 4 x dam_ Porch r Rooms l st Floor reezeway� --_'--_ Patio -_— — — Rooms 2nd Floors , ' -- --- I arage c Driveway -- - �. B. , f SOUTHOLD BOARD OF APPEALS PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS REQUEST RELIEF FOR LESS THAN REQUIRED SETBACK FROM FRONT AND REAR YARDS PURSUANT TO ARTICLE XXIII SECTION 280-124 1. ZBA File: 288716408: ZBA File 2887- Approval to construct a new two story family dwelling with a front yard setback of approx.. 30 ft. and a rear yard setback to the nearest high water mark of 23 feet. ZBA File 6408 - to maintain " as built" second story deck at 27 feet from bulkhead, "as built" 16 ft. square arbor at 18 foot from bulkhead, and "as built" outdoor shower / utility room having a 34 foot setback from bulkhead 2. ZBA File: 3983 Approval to construct a deck addition no less than 33 feet from bulkhead. 3. ZBA File: 5143 / 5438: ZBA File 5143- Approval to construct a new dwelling with the closest corner setback from the bulkhead of 19 feet . ZBA File: 5438 Approval to construct a a roofed over portico with a front yard setback of not less than 18 feet. 4. ZBA File: 5627 Approval to construct new porch with a front yard setback of 27 feet +/- 14 - Ti se1J � I A 8 ±4 - � �• Y y ul �± kT `PxE51DE J ' ie1.1 r _ ra O r;E�F/ sy ,anJ• % TOWN ®.o••p 1l` }•a w HOLD I y TOWN OF SWSNDLD u.PDiNT } ti oel•1 Ir �s W ``\ ```� y.0 le 1 WEST• 1 � -S: z }i p0.• �. \ LAKE - C °• ° of gOF• , ` •°0 l ; Ise61\\\\ u m 3 � 4 •a(J — Egfq a . tPY'E a e'``Q,•° \\ -- - ..ro S Iz p, to Vp�P•6,93 Aid vO� 1 pDlryr .� ` '° F1.5T Mrawel \ DR - _— _ z •• -DR. a P b I• un 0.Y1 a ° F ' IY41 ; ,� 1 Ir1.I NOG NECA• BAY � �"� j TOWN OF SOUTHOLD, NEW YORK: DATE .1I./.2.4181 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2887 by application Dated September 15, 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. William J. Jacobs as agent for Mr. and Mrs. DeMain Appellant Box 199B, Depot Lane , Cutchogue, NY 11935 ata meeting of the Zoning Board of Appeals an October 15, 1981 the appeal was considered and the action indicated below was taken on your. ( ) Request for variance due to lack of access to property ( ) Request for a.special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. 100-31 1. S1 '$�4�7�Df �Fi4loY17�o'��i? 175 &YsYe2k�'GIC # 3��WC$143iLXi# tion ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ), be reversed ( ) be jax&*jW Public Hearing 10/15/81: Application of Dominick and Rose DeMaio, by William J. Jacobs as agent, c/o Box 199B, Depot Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct new dwelling with insufficient front and rear yard areas at Cedar Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel No. 1000-90-1-4. (SEE REVERSE SIDE) 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 SIDE) (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 SIDE) (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 SIDE) 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. CG:lk ZONING BOARD OF APPEALS FORM ZB4 By this appeal, appellant seeks permission to construct a new one-family dwelling upon premises located-&t the south side of Cedar Point Drive West, Southold, with a frontyard setback of approximately 30+ and with an insufficient rearyard setback at the dwellings nearest point to ordinary high water mark of 23 feet. The premises in question has frontage along Cedar Point Drive West of 90 feet and an average depth of approxi- mately 140 feet. The premises is located in a Zone V-4, minimum elevation above mean sea level of eight feet, pursuant to the Flood Plain Management Law and FIRM•Maps of the Town of Southold, for a new dwelling for which appellant intends to comply.with. Appellant has submitted with his applicant Amended Approval from the N.Y.S. Department of Environmental Conservation for the proposed new dwelling with restrictions, to wit, home to be 20 feet behind line of mean high water, et cetera. This restriction has caused practical difficulties for appellant in the placement of the proposed dwelling. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances herein are unique and the, practical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining proper- ties would be created; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of the zoning code; and that the interests of justice will be served. by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a variance to the zoning ordinance be allowed as applied for in Appeal No. 2887, application of Dominick and Rose DeMain, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this matter be referred to the Suffolk County Planning Commission pursuant to the rules and regulations of the Suffolk County Charter, and 2. That this matter be referred to. the Southold Town Planning Board for consideration on the approval of the access road which appears to be within -the boundaries of the filed subdivision of "Cedar Beach Park." Location of Property: Cedp.r Point Drive West, Southold, NY; bounded north by Cedar Point West; west by Giordano; south by West Lake; east by Soverel; County Tax Map Parcel Item No. 1000-90-1-4. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. . APPROVED Chairman Board of RECEIVE D AND £IIED BY TF�* aOU .;.+_'I.D TOti't1J CLERK DATE1_2111# HOUR ..../ Town Clerk, Town of thold BOARD MEMBERS ��4F SUUTyo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095!O Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Diniziot Office Location: Gerard P Goehringer G Town Annex/First Floor,Capital One Bank George Homing p �� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCQ�(,�(,a Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RE E VE® Tel,(631)765-1809-Fax (631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 21,2010 SoutholdcTownMrk AMENDED ZBA FILE: 6408 NAME OF APPLICANT: Bonnie M. Quinn - PROPERTY LOCATION: 1075 Cedar Point Dr., West(adj.to west Lake)Southold, SCTM#1000-90-1-4. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 13, 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 was referred for reviewed 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 reply dated August 18, 2010, 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 provided that the further recommendation is implemented; a landscaped buffer be required landward from the rip-rap, existing vegetation should be included. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 11,526 sq. ft. lot improved with a two story single family dwelling with accessory shed and arbor. It has 90 feet on Cedar Point Drive West, 186.71 feet along the eastern property line, 142.18 feet along West Lake and 83.96 feet along the western property line as shown on the survey dated May 20, 2010 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for variance from Code Section 280-116(B)and 280-15,based on an application for building permit and the Building Inspector's June 14,2010 Notice of Disapproval concerning"as built"alterations/additions and accessory structures at: 1) less than the code required setback from a bulkhead of 75 feet; 2)accessory structures located in side yard when the rear yard location is code required. RELIEF REQUESTED: The applicant proposes to maintain 1) an as-built second story 96+/- square foot deck having a 27 foot setback from a bulkhead, 2) an as-built 16 +/- square foot arbor containing a child's swing set having an 18 foot setback from a bulkhead and located in a side yard, 3)an as-built 126+/- square foot frame shed having a 39 foot setback from a bulkhead and located in a side yard and 4) an as-built outdoor shower/utility room having a 34 foot setback from a bulkhead. Page 2—October 21,2010 ZBA File#6408-Quinn CTM: 1000-90-1-4 ADDITIONAL INFORMATION: A previous owner of this parcel was granted a variance, under Appeal #2887 dated September 15, 1981, to -construct a one-family dwelling with an insufficient rear yard setback at the dwellings (first story deck)nearest point to the ordinary high water mark of 23 feet. The second story deck is set 27 feet away from the mean high water mark. The Board received a copy of a Certificate of Compliance dated June 18,2010 from the Town Trustees covering all the"as built"additions and accessory structures. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 26, 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: 1. Town Law 4267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as-built structures were installed by a previous owner and have been in place for a number of years without the detriment to nearby properties and they are similar to what exists within this neighborhood. 2. Town Law §267-W)M(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 structures that are the subject of this appeal were constructed by a previous owner,who did not apply for permits or variances for their locations,which now requires the applicant to pursue variances for the subject structures. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are not substantial. The second story deck setback from the mean high water is 27 feet which is further than the existing first story deck setback of 23 feet, which received a variance under appeal #2887. The setbacks to the other subject structures and their location in a side yard are not substantial when taken in context to what exists in the neighborhood. 4. Town Law 14267-W)(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 4267-b(3)(b)(5). The difficulties have been self-created, only in so far as the applicant purchased the dwelling with the non-conforming accessory structures already in place, which were built by the previous owner without variances and building permits. 6.Town Law&267-b. Granting of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of existing additions and accessory structures, 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 Dinizio, and duly carried, to GRANT the variance as applied for, and shown on the Survey of Lot#136, SCTM # 1000-90-01-04, last revision dated May 20,2010 prepared by John T. Metzger, L.S., (Peconic Surveyors). 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. 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—October 21,2010 ZBA Fife#6408-Quinn CTM: 1000-90-14 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), Dinizio, Horning, Schneider. (Membe oehringer was absent) This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson RECEIVED Approved for Filing P/,15`/2010 •,�its Southo d Town Clerk o��FF o�x�oGy f T{ APPEALS BOARD MEMBERS SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. ®1 J � Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Southold, New York 11971 .lames Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS 4y 9 900-3 Upon Application of JANET MALONEY for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for approval of deck within 75 feet of bulkhead along Hog Neck Bay. Lot is nonconforming as to lot area in this R-40 Zone District; County Tax Map Parcel No. 1000-90-1-25. WHEREAS, a public hearing was held on November 29, 1990, in the Matter of the Application of JANET MALONEY under Appeal No. 3983; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application for a Variance under Article XXIII, Section 100-239.4B for approval of a 31'6" by 1418" wide deck addition, with 4' by 5' stairway, extending along the southerly side of the existing dwelling as shown on the sketch survey submitted under this application. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 90, Block 1, Lot 25 and contains a total lot area of approximately 14,800 sq. ft. 3 . The deck addition will not protrude forward of the dwelling at either the front yard or rear yard, and is proposed to be not closer than 33 feet to the bulkhead (excluding the 4 ft. wide by 5 ft. deep step area, which would be not less than 29 feet) . The dwelling as exists is set back 47 feet from the bulkhead. 4. Article XXIII, Section 100-239.48 of the Zoning Code (as amended) requires all buildings and structures located on lots . c ' RECEIVED ,AND FILED BY THE SOUTHOIJ5 TOW14 CLlY. ." DATE /-2I/ ho HOUR /0 f-- -o Page 2 - Appl. No. 3983 Matter of JANET MALONEY 41- Town Clerk, Town of Southold Decision Rendered December 13, 1990 upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. It is the position of this Board that in considering this application: (a) the relief requested is the minimum necessary to afford relief; (b) the relief if granted as requested will not alter the essential character of the neighborhood; (c) the difficulties are uniquely related to the property and are not personal in nature; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all the above, the interests of justice will be served by granting the relief requested, as conditionally noted below. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested under Appeal No. 3983 in the Matter of JANET MALONEY for the placement of a 1418" by 31' 6" deck addition along the southerly side of the existing dwelling, as applied, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. That there be no lighting which would be adverse to neighboring areas (lighting must be shielded to the property) ; 2. That the deck remain open (not to be enclosed) and not be roofed. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen and Dinizio, consisting of the entire four-member board at this time. This resolution was duly adopted. Ik GERARD P. GO INGER, HAIRMAN APPEALS BQARP MEMBERS Southold Town Hall Gerard P.Goehringer, Chairman a �� 53095 Main Road Lydia A.Tortora y z P.O.Box 1179 George Horning - + PVT Southold,New York 11971-0959 Ruth D. Oliva ZBA Fax(631)765-9064 Vincent Orlando 1 �► Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl, No. 5143- DOUGLAS DEFEIS. Property Location: 1165 Cedar Point Drive West, Cedar Beach Lot 135, Southold; Parcel 90.-1-3. 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 improved with a single-story, one- family dwelling located on the southerly side of Cedar Point Drive West, a private road which extends off of Little Peconic Bay Lane,Southold. The total lot size of this property is 11,610 sq. ft. with 90 ft. along Cedar Point Drive West and 91 feet along the high water line of West Lake. BASIS OF APPLICATION: Building Department's April 3, 2002 (2001, sic) Notice of Disapproval to locate new dwelling construction at less than 75 feet from the bulkhead. The request with regard to lot coverage was removed from the Building Department's Amended Notice of Disapproval dated July 29, 2002 when applicant submitted a revised survey of July 23, 2002. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22, 2002, at which time written and oral evidence was presented Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A Variance is requested under Sections 100-239.4B for a new dwelling, proposed to replace the existing dwelling, with deck areas, all as shown on the survey dated July 23, 2002, prepared by Peconic Surveyors, P.C. Applicants are requesting a setback of 10 feet from the deck to the bulkhead at its closest point. ADDITIONAL INFORMATION: At the public hearing held on August 22, 2002, the applicants agreed to move the house four feet closer to the road, providing for a greater setback for the new hous6 to the bulkhead. REASONS FOR BOARD ACTION, DESCRIBED BELOW: Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will produce an undesirable change in character of neighborhood or a detriment to nearby properties. The reconstruction of the existing house's character will conform to the local surrounding houses,with no undesirable change in the neighborhood. 2. The benefit sought by the,applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance due to the restricted building envelope and wetland restrictions. This is the logical location for the proposed house. The proposed house and deck will v t U � a Page 2—September 5, 2002. Appl. No 5143—D DeFeis ' o�o' 90-1-3 at Southold be 20+- feet at its closest point to the property line, and 19+- feet on the southwest comer at its closest point. (This location is also noted to be approximately 35 feet from the mean high water mark on the southeast corner and 25 feet on the southwest corner of the property.) 3. The requested area variance is substantial, however this is a reconstruction of an existing house and applicant has agreed to move the house four feet landward, thereby increasing the rear yard setback and decreasing the front setback. The code requirement is 75 feet setback from the bulkhead. 4. There is no evidence that the grant of the variance will have an adverse effect or impact'on the physical or environmental conditions in the neighborhood or district. The Board of Town Trustees has reviewed this proposal and issued approvals with conditions on July 19, 2000 under#5188 and amendment dated October 30, 2000. BOARD RESOLUTION: 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 Member Oliva, and duly carried to GRANT, the variance as applied for(shown on the July 23, 2002), and SUBJECT TO THE FOLLOWING CONDITIONS: 1. The setback from the bulkhead (rear) shall be increased by four feet (as agreed by applicant), bringing the building closer to the front lot line; 2. The setbacks shall be 19 feet on the west corner and 20 feet on the east comer. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the, zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. ' Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, an rlando. (Member Horning of Fishers Island was absent.) (Member Tortora'abstained fr ote duge,16 abse a 8-22-02 public hearing.) This Resolution was duly adopted (3-0, Ids one abs tion). vo -dam A roved for Filing - Gerard P. ehringer , CEIVF.D AND FILED BY T SOU'T1-IOID TOWN DATE (oiOd71 o ' Town Clexlz, Town of `;'souffidd ' `f'1 •' • ... r.� - - _ - - -. ...,. .'W9 .. 'P•�P^s,�'d •G�ae4e _.:al.E •1E 7.4 1P73•••12Ao:CAc .lf2p rr J1 B.• 3 L "N6 sEria rwt. /EbA•. cetsvo.9/2• ?:, . _ o - �i�,_ Q 6i9haa 6saS:0al. 3t: - rP -;..` •e. O•�� - V.,:`� • .'n. q<.. 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S. .y Fhe locallans 61 wells god cess ools cusrotit'aRflaefticATm <; =':•^ /:'+`•t 9r_-as+v` �,�; t "++"ito \ cc:c' ,•. shown;heredn are.,7rvrri Jfeld observollons Rf SIUENT/AL STRUCTURE TO ;•;i �;� �•6�!/ b>r rlr o :,,+ •BE'PLACED ON EXISTING. .''J�'S'3.- - •'a. bt. Sy U g 'i'" ''5' and•'or.lrom dala"Obtained from•olhers. FDUNDArION FDorpRwr G�'', �kq;.¢ +`' t r�• IIJJ, ;/o y srq��f e : .. •, .�j�.:• ..t.. � � lS� -�. Q ... 'elf-4. SURVEY .OF-PROPERT.Y. " fi;;• `': i_4,;. `�P, <-oa �� t; T A T�BA YVIEW �,,;: .,:. *,,.. `. ?8 !n r,7 1 9 valer,In-BF94 i •b :/'.. i='i<• .:•• ,o•: - .�:J e[ Fine to.Coarse•• OVINti� r Sid s�,: OF SOUTH l v ; . ,h .. o� J SURF COUNTY, : .. :'q9e F.q IVY:• 41 01 - SCALE •1" JiJLY 26, 1999 �p S&P1 30•_1999 (addifionW.'. . R/oy,t 'w;,�•�� rr' y- NOTE P 9,Zoo/(torr"hd .`i;'` ' 'SUBSURFACE SEWAGE DISPOSAL Nov. 2, 2000'(lestboleJ••- :JULY 23,2002.lREV/SlONS7 - " •Nov., 29 2000 (radio s ' + 9: g.plohJ, SYSTEM DESIGN. Feb. 13,200/(o•a•aG,,f• e'.j . ' .. - 5%•: _ o -l-,'m J' BYi 4SEPH'fISCHETTI,'-'P.E 2 1'(Revisal FebzHOBART ROAD' . l oo \ }'• `9' 9 /o,r em 2ooi!rw„e :r' '%` ! b SOUTHOLD,N.Y;1/971 ' F< s'�- !6311 765.-2954 EXISTING-BULKHEAD SHOWN ON,SURVEY By VAN'7ZJYL 8 SON DATED DEC. DE.0 PERMIT FOR BULKHEAD #,1=4739-02425-00001 " : \: '' I V EOF NEyyy -ANY ALTERATION bR'ADD/T/Ofil TO SURVEY-1ST A•WOL,,'gqT/ON NOTE,GOT M%M6ERS REFER.TO,,,. oy\' %��`P 5 Z�� s a�,N T•MFIr„Off, •01":SECTION7209 OF THE NEW YO STATE EOUCA'T10N•L•AW. _ "MAP IN THE$UFF.OLK COUNTY.+'J !>.' '•5• rr� FA �• - p�CEp,T AS PQ7SfCT10N 7209-SUBD/V/S(ONP.ALL CER7IFJCATIONS CLERK`S.OFFICE O(V'DEG 201./927:;. 'I��" q� - HEREON ARE 1VAL/D:.F;OR THIS MAP-AND COPIES THEREOF ONLY IF. .AS FILE NO.. t 4 UTH ' SAID MAP•OR'COPIES BEAR IHEIMP.RESSED SEAL OF THE SURVEYOR U 3 5- ytlf;;'"pp WHOSE.S/GNATURE•i1PPEARSHE17EOrl. = �vq• '� _ //�j+� I�1L•Y•• L JVO:'.496/8 more--..'.&y welly fa collect•q.%/•• •`• ,�., \ .. i70pITlONALLY TO COMPLY WITH SAIDIAW THE TERM ALTERED BY' Y _ ECO%V 5 f -MUST BE,USED 8Y'qNY AAD-ALL SURVEYORS UTILIZING A COPY .Load:R n o F-jG Q3IJ 7G JJ. 765 -/797 •OF.:ANOTHER SURYEYORS•MAP.'TERMS SUCH AS lNSPECTED"(IND 6ROUGNT r TO ARE••NOT•W COMPLIANCE WITH"THE LAW, 8 1230 TRAVE REST ❑=Proms Con'i<o rr. P,. O. BOr� :407AREA 11810' �ftf- z'ELEVATIONS ARE.REFERENCED TO N. V.D. SOUTNOLD, ,N.Y.._ 71971.. • n' APPEALS BOARD MEMBERS - ��$11EF0(�►�+0 ` �O G Southold Town Hall --- Lydia A.Tortora c'' -`- a y� .53095 Main Road '• Ly-�----- - -- ' co P.O. Box 1179 - G'erard'P: C�oehringer x ' ;George Horning O . Southold,New York 11971-0959 Ruth D. Oliva Chairwoman y�lJ ZBA Fax(631)765-9064 Vincent Orlando �! �a Telephone(631)765-1809 http://soutwkmeothfork.net BOARD OF APPEALS TOWN a. OF SOUTHOLD FINDINGS, �. 3 2 DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 18, 2003 Appl, No. 5438-DOUGLAS and LYDIA DEFEIS. Southold Town Clerk Property Location: 1165 Cedar Point Drive West, Cedar Beach Lot 135, Southold; Parcel 90-1-3. . 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 improved with a single-story, one- family dwelling located on the southerly side of Cedar Point Drive West, a private road which extends off of Little Peconic Bay Lane, Southold. The total size of this property is 11,610 sq. ft. with 90 ft. along Cedar Point Drive West and 91 feet along the high water line of West Lake. " :_BASIS OF APPLICATION: Building Department's August 25, 2003 Notice of Disapproval, amended September 3, 2003, concerning a proposed front porch entry exceeding 30 sq. ft. in size, at less than 35 feet from the front property line required under Code Section 100-244. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 20, 2003, at y� which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A variance is requested for a front yard setback of not - less than 18 feet, for placement of a roofed 16.5'wide x 5'portico plus open steps,at the front of the applicarit's,new dwelling, as shown on the architectural plan dated 8/1/03 prepared by Gary D. Cannella Associates, and July 26, 1999 survey, revised September 17, 2003 by John T. Metzger, L.S. ADDITIONAL INFORMATION: At the public hearing held on November 20, 2003, the applicants agreed to change the grade and offered to remove two steps, bringing the setback to the front lot line to 20+-feet, instead of 18 feet. REASONS FOR BOARD ACTION, DESCRIBED BELOW' Based on the testimony and record before the Board and personal inspection,the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. During 2002, the applicants requested an in kind, in place reconstruction of the existing home. At that time the Board required that the new reconstruction be moved 4 ft. closer to the front lot line facing the road. That process required a nonconforming front setback at 31+-feet to the dwelling. The current application is a request for a 5'deep x 16.5 ft.wide' portico, at a distance of 25 feet from the front lot line, and 10.5 ft. wide step area extending 5+-feet in front of the porch. During the November 20, 2003 public hearing, the applicant offered to raise Page 2–December 18,�—J Appl. No. 5438–D. and L. DeFeis 90-1-3 at Southold the final grade and remove two steps, resulting in a setback of 20+-feet from the closest step to the front lot line. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The existing dwelling'was required in the Board's previous determination under Appl. No. 5143 to move the building 4 ft. closer to the road, resulting in the present nonconforming front yard setback of 31+-feet. 3. There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. It is also noted that the Board of Town Trustees has issued permits with.conditions relative to new construction at this property. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Oliva, and duly carried to GRANT, the variance as applied for, and SUBJECT TO THE FOLLOWING CONDITIONS: 1. Two •steps will be removed to increase the setback from 18+-feet to 20+-feet, from the front property line(after the finished grade, as offered by applicant). - 2. The roofed portico,with open step area as proposed at the front of the house, is limited to the size requested and open design shown on the 8/1/03 architectural plan prepared by Gary D. Cannella Associates(without enlargement). 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), Goehringer, Tortora, Homing, and Orlando. This Resolution was duly adopted (5-0). G" 6. a4�--Cz-, Ruth D. Oliva, Chairwoman 12-26-03 Approved for Filing 1 APPEALS BOARD MEMBERS54VoSu�fot,� Southold Town Hall Ruth D. Oliva, Chairwoman 53095 Main Road Gerard P. Goehringer y P.O. Box 1179 Lvdia A.Tortora % Southold,NY 11971-0959 Vincent Orlando 'Y p!� Tel. (631)765-1809 James Dinizio,Jr. lt �� Fax(631) 765-9064 http:,I/southoldtown.northfork.net RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 29, 2004 $7out6olti Town Clerk ZB#5627— NANCY LOUISE CARROLL Property Location: 350 West Lake Drive, Southold; CTM 90-1-21 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 ll 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 14,996 sq. ft. parcel is shown as Lot 122 on the filed map of Cedar Beach Park (or 12,667 sq. ft. per surveyor tie line measurements at bulkhead) with 100 feet along West Lake Drive and 126.24 feet in depth along the easterly side line. The property is improved with a one-story frame house with garage, as shown on the July 6, 2004 site map prepared by Robert Charles Tast, R.A. BASIS OF APPLICATION: Building Department's July 22, 2004 Notice_ of Disapproval, citing Section 100-244, in its denial of a building permit to construct additions with alterations which will be less than the code-required 35 feet from the front yard line and exceeding the 20% code limitation of lot coverage. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 16, 2004 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: In the applicant's original application and survey map dated July 6, 2004, prepared by Robert Charles Tast, Architect, the front porch was requested with variable dimensions, 24.74 feet from the front lot line facing West Lake Drive, 12.9 ft. and 12.8 ft. side yards, and lot coverage at 22.3% of the 14,997 sq. ft. parcel size. AMENDED AREA VARIANCE RELIEF REQUESTED: During the December 16, 2004 public hearing, the applicant was requested, and agreed, to increase the front yard setback that would be more conforming to the code's front setback requirement of 35 feet, reducing the size of the porch from 8-11' depth variables x 58.30'+- lin ft., to 8' in depth x 58.30' lin ft., after removing a 3 ft. x 15.50 ft. section of the porch, resulting a 27' +-front setback, 12.9 feet from the west side line and 28.8+- feet to the east side line. (The applicant agreed to submit the Board's requested revisions for this reduction, to allow for an 8 ft. deep front porch, before obtaining a building permit.) This also reduced the lot coverage from 22.6% to 22.3%. • Page 2—December 29, 2004 0 ZB Ref.5627—Nancy Louise Carroll CTM Id: 90-1-21 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 alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant requests a proposed one-story covered porch along the entire front length of her home on West Lake Drive in Southold. The setback proposed is greater than at least one parcel, adjacent to the east, which contains a nonconforming front yard setback as close as 22.5 feet. The lot coverage request was reduced to 22.3% of the entire lot size (or 26.8%when measuring the lot size to a tie line at the bulkhead). 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's lot is a small lot (12,667 sq. ft. in area when measured to the existing bulkhead), and the applicant wishes to construct a single-story 8 ft. porch in front of the existing concrete entry/platform/brick walkway, which is presently 32+- feet from the front property line, requiring code relief. 3. The variance granted for the porch is not substantial. The existing front walkway with platform at the entrance is 32+- feet from the front property line, and the proposed 8 ft. porch will replace this area, resulting in a 27+- ft. front yard setback. The lot coverage increase would allow 2.3%, or 345 square feet, over the 20% code limitation of the 14,997 sq. ft. lot size, for 3,344.11 sq. ft. total (22.3%). 4. The difficulty has been self-created and is related to the need for a front porch, which cannot be planned to meet the setback requirement of the zoning code. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a front porch, 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 Dinizio, and duly carried, to DENY the variance shown on the July 6, 2004 architectural site plan prepared by Robert �9 •Page 3—December 29, 2004 ZB Ref. 5627—Nancy Louise Carroll CTM Id: 90-1-21 Charles Tast, R.A., and to GRANT alternative relief, for an one-story front parch not to exceed 8 ft. by 58.30 lin ft. at 27+-feet from the front lot line, with the condition that the applicant_obtain a revised survey to confirm this alternative, for submission when applying for a building permit. 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 Orlando (AAting Chairman), Goehringer and Dinizio. Absent were Chairwoman Oliva and Member Tortora. i sou n w s d adopted (3-0). Vincent rlando, ting hairman 1//5/05 Approved for Filing S.C.T.M. NO. DISTRICT: 1000 SECTION: 90 BLOCK: 1 LOT(S): 19 WEST LAK ROAD EDGE OF PAVEMENT S 67025'20" E 100.00' TIMBER CURB3.O'N U.P. U.P. BRICK TIMBER CURB 3.0'N 0 MON. PRON 84.38' MON LOT 125 ® LOT 124 io � Ln N "� ® LOT 123 Ln j Y U U Y GRAVEL DRIVE AY m U � BRICK m N STOOP SHOWER 30)4.2' Q- :: 24.6'.:.: N d' L.P.GAS � N a BRICK 14.9' L W � LU Qi O CONC. '•2 STY FRM.'::;: ¢ _ 00•:GARAGE:::: C #130 ::;::;o U U w :::•::::•::•:: : c ^+ �7 X m N N N 6' FENCE 0.5'W m BRICK PATIO 24.7' ::: ::24.6'':':::: ;:,' 26'X15' BAY BAY ZONE X \ WOOD DECK 0.2% CHANCE ANNUAL FLOOD d- � r~ 0.1'W ° - N m N co m U] ZONE X STK. 3.9E i 1 TIMBER WALL 0.5'W STK. io a FL00 ZONE BOUNDARY 0 0 ZONE VE(EL10) SPIKE VINYL BULKHEAD N 67025'20" W MHW LINE ALONG BULKHEAD SPIKE 100.00' LITTLE PEC®NIC BAY THE WATER SUPPLY, WELLS, DRYWELLS AND CESSPOOL FEMA MAP 36103C0169H 09-25-2009 LOCATIONS SHOWN ARE FROM FIELD OBSERVA77ONS AND OR DATA OBTAINED FROM OTHERS. AREA:12,646.57 SQ.FT. or 0.29 ACRES ELEVA77ON DATUM- ----- ________ UNAUTHORIZED ALTERATION OR ADD177ON TO THIS SURVEY IS A VIOLATION OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA 77ON LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE T77LE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING 1NS71TU77ON, GUARANTEES ARE NOT TRANSFERABLE. 7HE OFFSETS OR DIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE EREC77ON OF FENCES, ADDITIONAL STRUCTURES OR AND OTHER IMPROVEMENTS. EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOT 124 CERTIFIED TO: MICHAEL RENDEL; MAP OR CEDAR BEACH PARK FIDELITY NATIONAL TITLE INSURANCE COMPANY; FILED:DEC. 20, 1927 No. 90 CITIZENS BANK; SITUATED AT:BAYVIEW TOWN OF:SOUTHOLD KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design LitP.O. Dox 153 Aquebogue, New York 11931 0 e PHONE (831)298-1588 FAX (631) 298-1588 FILE #221 —218 SCALE:1 "=20' DATE: DEC. 9, 2021 N.Y.S. L/SC. NO. 050882 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk S.C.T.M. N0. DISTRICT: 1000 SECTION: 90 BLOCK: 1 LOT(S): 19 WE S T LAKE ROAD ®A D EDGE PAVEMENT S 67025'20" E 100.00' U.P. U.P. TIMBER CURB 3.0'N BRICK TIMBER CURB 3.0'N 0 MON. APRON 84.38' Z MON LOT 125 O LOT 1 4 �6I Q O �D Lnm U GRAVEL DRIVE lAY m "tel U BRICK rx SHOWER °x STOOP 3.8x4.2' ►y ::.-:..'2 4.6' L.P.GAS O BRICK 14.9' W 8.3';:;:: •2 STY FRM.': -`� °°= a ;::;DWELLING::; Y 90 GARAGE: .:, �_ U w :• :• .•:• :• .• °, CL m 6' FENCE N YN Z U 0.5'W m BRICK PATIO 24.7' :' : 24.6'': 26'X15' BAY BAY ZONE X \ �-� WOOD DECK 0.2% CHANCE ANNUAL FLOOD � 0.1'W 3 N -� m C/) ` ZONE X STK. 3.9 E TIMBER WALL 0.5'W STK. 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