HomeMy WebLinkAbout1000-106.-6-27.1 l
OFFICE LOCATION: ®� ®� MAILING ADDRESS:
O
Town Hall Annex ® P.O.Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
® a� Telephone: 631765-1938
Southold, NY 11971
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry,AICP
,Assistant Town Planning Director
LWRP Coordinator
Date May 22, 2023
Re: LWRP Coastal Consistency Review for ZBA File Ref ERIC H. DORF#7783
SCTM No. 1000-106-6-27.1.
In 2023 the Board of Trustees issued a Wetlands Permit(10173) for the property.
ERIC H. DORF #7783 - Request for a Variance from Article IV, Section 280-18 and the Building
Inspector's February 2, 2023 Notice of Disapproval based on an application for a permit to construct
additions and alterations to an existing single family dwelling; at; 1) located less than the code required
minimum side yard setback of 15 feet; located at 620 North Drive, Mattituck,NY. SCTM No. 1000-
106-6-27.1.
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 and the records
available to me,the proposal is recommended as EXEMPT from LWRP coastal consistency review.
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: Paul DeChance,Town Attorney
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson *oF $oUly 53095 Main Road•P.O. Box 1179
Patricia Acampora �0� alp Southold,NY 11971-0959
Eric Dantes #t Office Location:
Robert Lehnert,Jr. Town Annex/First Floor
Nicholas Planamento �Q 54375 Main Road(at Youngs Avenue)
O�yCOU NT`I,� Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 �r
February 17, 2023 FEB 2023
Mark Terry, Assistant Town Planning Director pdnn,;°9 B►vn
LWRP Coordinator Board
Planning Board Office
Town of Southold
Town Hall Annex
Southold,NY 11971
Re: ZBA File Ref.No. #7783 —Dorf, Eric
Dear Mark:
We have received an application to construct additions and alterations to an 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
Chairperson
By:
Encl.
Site Plan/Survey: Mark Schwartz&Associates, dated November 21, 20 2
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: February 2, 2023
TO: Michael Kimack (Dorf)
PO Box 1047
Southold,NY 11971
Please take notice that your application dated December 13, 2022:
For permit: construct additions and alterations to existing single-family dwelling at:
Location of property: 620 North Drive, Mattituck,NY
County Tax Map No. 1000—Section 106 Block 6 Lot 27.1
Is returned herewith and disapproved on the following grounds:
The proposed construction-on this conforming 52,806 square foot lot in the Residential
R-40 District, is not permitted pursuant to the Bulk Schedule for Residential Districts
The required minimum side yard setback is 15 feet.
The construction will have a minimum side setback of 10.2 feet.
4
Authorized Signature
Note to Applicant: Any change or deviation to the above referenced application may
require further review by the Southold Town Building Department.
CC: file, Z.B.A.
Fee:$ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
House No. 6,8Q Street /l/67R/1V 420Vr Hamlet Af,4"-17(/Ck
SCTM 1000 Sectioned Blockfj�Lot(s) ,� Lot Size ? 0(� Zone�Q(j
—fWE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED 21112--7 BASED ON SURVEY/SITE PLAN DATED / p 7 Z.
Owner(s): e /C 14. p OA's
Mailing Address: A� 7:
Telephone: 661-5K-16/7Fax: Emai1:,6RIC(i 00
OM CON
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: III C&.5L A 4/A1,4cle for(Owner( )Other:
Address: t-0-110Y104Z TD 1 Z"d &Y /1971
Telephone;V6 6 3W®? Fax: Email: Hk11fACk 2g /ZON-/YZT
Please check to specify who you wish correspondence to be mailed to,from the above names:
( ) Applicant/Owner(s), (,4 Authorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED /?h29j 20cZ and DENIED AN APPLICATION DATED/ 2 Z FOR:
Building Permit
( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy
O Change of Use
( ) Permit for As-Built Construction
( ) Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by
numbers.Do not quote the code.)
Article: Section: _e40 Subsection: d r/WW/'l.�i��
Type of Appeal. An Appeal is made for:
A Variance to the Zoning Code or Zoning Map.
( ) A Variance due to lack of access required by New York Town Law-Section 280-A.
( ) Interpretation of the Town Code,Article Section
( ) Reversal or Other
A prior appeal ( ) has, V has not been made at any time with respect to this property, UNDER
Appeal No(s). Year(s). (Please be sure to research before,
completing this question or call our office for assistance)
Name of Owner: ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's
signature notarized).-
1.
otarized):1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted,because: Me-,414zeOUVAI-c-Yr pec Z,5 L 0 7'5'1
rW 0PRep,r�l,Ps rd n,�e N eery ,-IAV,E S"/H1 L. R r1-1ARAC7 ee1X11"CS;
r'�Oc Poe-0 r-y 7-0 7'V'E J OP711 15' YVAMEa 9 0 0 TO X77.1,,y �7WA66 L DTs"
rD Lr/►� V�C/!y' PRR Me. 6��' /��lL ✓M✓ F�
2.
�n►' .,� �' z�crr�
T e ene >t sought by the applicant CANNOT be achieve y"gome me o easible for the applicant to pursue,
other than an area variance,because: � ���DQJ-® �,(j �� ,�/�JJ'p"/•i/
��AN n 4 z
ClVWAI07-4V0/A 0,rj)V IN V/ 0Z14YI0t/ .O&V IAI 41A"�P C C
3. The amount of relief requested is not substantial because: 77V25
PO,erloiv O� r�� 11Y-rc® 012 t�1/�1 �
orlmr 0V V AM-r1XE L O 64710V rD Cjee147j-E Z F
�a1z rWo () -4A01V6V,41- &EPXa®'�'S
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because: TA�� Z.V,U�C[,,q p,�1Tj'O•!J iWI Le A-107— CRX=A1;8
PIXIV.eeAW CE, PAYS'/CP L C 0"V171- 0 JUS /1/ �W—4-- /V�/Gd�l3D 0 db
OVAIV&� W r"O y .h1G,V�.c/r/��IJT�EG
5. Has the alleged difficulty been self-created? {;+Yes,or { } No Why:
Are there any Covenants or Restrictions concerning this land? )4} No { } Yes(please furnish a copy)
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the
neighborhood and the health,safety and welfare of the community.
Signature of Applicant or Authorized Agent
J
(Agent must submit written Authorization from Owner)
6
Sworn to before me this� a
of ,20 .
Notary Public )
CONNIE D. BUNCH
Notary Public,State of New York
No. 01 BU6185050
Qualified in Suffolk County
Commission Expires April 14,2��
1 �
APPLICANT'S PROJECT DESCRIPTION
APPLICANT: HI CY AL01- Q_ -e/Jyp C'/L DATE PREPARED:—,?j 6�Z 6 z 3
1. For Demolition of Existing Building Areas
Please describe areas being removed: /?[30x QV,��Z Gy, S'rL��ZE}° /10 REl tlti
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: Al°➢C4 a ' `AJ ar me eGCL 14 4 ql/m�rS r
Dimensions of new second floor: Y 24,33
Dimensions of floor above second level:_44ZA
Height(from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes,please provide height(above ground)
measured from natural existing grade to first floor: k1h
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: 0IV 'FL 0 0A,
Number of Floors and Changes WITH Alterations: L ROOR MMAL..
cdu
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: /7Q $ J .S�,3 Ao'TUB)
Proposed increase of building coverage: p / ;?, d. L /12'Sr)
Square footage of your lot:
Percentage of coverage of your lot by building area: ,
V. Purpose of New Construction: rO AdJL? rtOo k ,dbpi�-e aAmL
;d 6PRO Of'5 AOR =AF1dty
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):
rti� ,moi � x�3 tid' ZY rrr4,6® cv1 AML-Ira ylY /11& -Z
-\, f a ° e/d!- . zzY -r zV—z—
IT f70--R ®de A64AIX <10 ° 4-861![- "W:54y , e,0416 5-00-77VIS&Y 41�1,E
fioM &5 BW1yZZ Ya TOW >/s' 'rL/6AMY MEA61P
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?
_ C�No Yes please explain on attached sheet.
C. 1.) Are there areas that contain sand or wetland grasses? ,✓ ,$'
2.) Are those areas shown on the survey submitted with this application?
3.) Is the property bulk headed between the wetlands area and the upland building
area? A1®
4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town
trustees for its determination of jurisdiction?_Please confirm status of your inquiry or
application with the Trustees: ply—p/C C,rzMl and if issued, please attach
copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? /V U
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown
on the survey that you are submitting?__A OPlease 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? /y® 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. JLCL~ C0,9 D'S F0&044"V&
H. Do you or any co-owner also own other land adjoining or close to this parcel? Al 0 If
yes, please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel A41?lf-/
and the proposed use,P-WS, QiVff �',td ylLf
(ex: existing single family, proposed: same
with garage, pool or other) %
Authorized signature and Date
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-31891 Date: 10/03/06
THIS CERTIFIES that the building ALTERATIONS
Location of Property: 620 NORTH DR MATTITUCK
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 106 Block 6 Lot 27.1
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated JUNE 21, 2006 pursuant to which
Building Permit No. 32218-Z dated JULY 18, 2006
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is "AS BUILT" INTERIOR ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING
AS APPLIED FOR.
The certificate is issued to NORMAN & ADELE GRUDMAN
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. 3556 09124 06
PLUMBERS CERTIFICATION DATED N/A
AuiAorized Signature
Rev. 1/81
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
No: Z-32869 Date: 02/17/08
THIS CERTIFIES that the building ADDITIONS/ALTERATIONS
Location of Property: 620 NORTH DR MATTITUCK
(HOUSE NO. ) (STREET) (HAMLET)
County Tax Map No. 473889 Section 106 Block 6 Lot 27.1
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building-Permit heretofore
filed in this office dated JANUARY 26, 2007 pursuant to which
Building Permit No. 32691-Z dated FEBRUARY 1, 2007
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" ADDITION & NEW ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE
FAMILY DWELLING AS APPLIED FOR.
The certificate is issued to NORMAN & ADELE GRUDMAN
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPAR71CRU OF HEALTH APPROV'AI, N/A
ELECTRICAL CERTIFICATE NO. 116296C 07/03/07
PLUMBERS CERTIFICATION DATED 01/15/08 MAXIMUM ENVIRONMENTAL
thorized signature
Rev. 1/81
S1)ffOt,fcoG Town of Southold 6/30/2022
0
P.O.Box 1179
o
o _ 53095 Main Rd
Southold,New York 11971
CERTIFICATE OF OCCUPANCY
No: 43200 Date: 6/30/2022
THIS CERTIFIES that the building ADDITION/ALTERATION
Location of Property: 620 North Dr.,Mattituck
SCTM#: 473889 Sec/Block/Lot: 106.-6-27.1
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed in this office dated
9/10/2019 pursuant to which Building Permit No. 44194 dated 9/20/2019
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:
additions and alterations, including garage converted to livinig_space and attached shed to existing sin le-family
dwelling as applied for.
The certificate is issued to Dorf,Eric&Krakow,Ellen
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 44194 2/9/2021
PLUMBERS CERTIFICATION DATED 4/27/2021 J a sh bing& e ting Inc
t or' Signature
FORM X0. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No. 28962 . . . Date . . . . . .Mar.Ch . .22. . . . . . . . . . ., 19. : 8
THIS CERTIFIES that the building located at . 600. North. Driye . . . . . . . . Street
~Map No. . .41. . . . . . . . Block No. . . . . . . . . . .Lot No. M. & .1;. . . . . . . . . . . . . . . . . . . . . . .
conforms substantially to the Application for Building Permit heretofore filed in this office
dated . .November. .30. • • . . • ., 19. .77 pursuant to which Building Permit No. . .956.9Z
dated . .November • 30• • . • • • • •. 19.77•, was issued, and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is
issued is . . . . . . . .PRIVATE ,QNB FAMAY.IPM:�M. . . . . . . . . . . .
The certificate is issued to . . . . . . . .
(owner, !; )
of the aforesaid building.
Suffolk County Department of Health Approval . . . . . . . . . . X/.R. . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . I'�767?�. . . . . . . . . . . . . . . . .
HOUSE NUMBER . . . .600. . . . . . . Street . . . . . . . . . NortA 4Tr Ye. . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mat t,� uck.�. Jr./ . . . . . .
Building Inspector
APPEALS BOARD MEMBERSrQ� a�F So Southold Southold Town Hall
Ruth D. Oliva. Chairwoman ��� alp� 53095 Main Road• P.O. Box 1179
� �t Southold,NY 11971-0959
Gerard P. Goehringer
N1. Office Location:
Vincent Orlando
O� Town Annex/First Floor,North Fork Bank
James Dinizio,Jr. �p a� ' 54375 Main Road(at Yount Avenue►
Michael A. Simon ,��t9tlNT`�,��
Southold, NY 11971
http://southoldtown.northfork,net
RECEIVED P��w
BOARD OF APPEALS �:;p 61H
TOWN OF SOUTHOLD
Tel.(631)765-1809•Fax(631)765-9064 JUL 14 2005
FINDINGS, DELIBERATIONS AND DETERMINATION •
MEETING OF JUNE 9, 2005 onihnic!TownCler�'^""`s
ZBA No. 5712-LOIS PATRICIA LOCKWOOD f/k/a LESNIKOWSKI
Location of Properties: 600 and 620 North Drive, Mattituck; CTM 106-6-27 and 106-6-26.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application
and determines that this review falls under the Type 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 owns two improved lots along North Drive in Mattituck, also shown
on the Map of Shore Acres as Parcels M and N. Each lot is improved with a principal dwelling structure, referred to in
Preexisting Certificates of Occupancy No. Z-30897 issued 5/12/05 and No. Z-5044 issued 3/19/1973 by the Building
Department.
BASIS OF APPLICATION: Building Department's March 28, 2005 Notice of Disapproval, citing Code Section 100-32 in
its denial of a request for a lot-line change between CTM Lots 27 and 26. The reasons noted in the disapproval are that
the lot width (frontage) is less than the code required 150 feet, and the setback from the new lot line to the existing
accessory garage building will be less than the code required 10 feet.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on June 2, 2005, at which time written and oral
evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other
evidence, the Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: In the application, area variances are requested, which result from a proposed
exchange of land area of 4,714 square feet, changing the division line between the two dwelling structures, and for the 9
ft. setback from the existing one-story frame accessory garage to the closest lot line. The relief requested is for: (1) a
reduction from 99.05 feet to 90.47 feet in lot width for the southerly parcel (Lot M), and (2) an increase to provide a 9 ft.
setback from the existing one-story accessory garage from the new lot line.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,
the Board makes the following findings:
1. An undesirable change will not be produced in the character of the neighborhood or a detriment to nearby
properties, if granted, because:
a. Two lots (M & N) have existed since the filing of the Map of Shore Acres on January 3, 1914 in the Suffolk
County Clerk's Office as Map No.41. A modification of the common boundary_ line dividing the two parcels is
requested.
b. Each of the lots exceeds the minimum R40 area requirements.
c. Neither of the existing lots had met the Code's 150 ft.width requirement.
d. Lots M & N at 1.36 and 1.32 acres, respectively, are largest on North Drive. Shifting the lot line to the north
so that it does not run through the garage and Lot M residence will not result in any change in the character of
the neighborhood.
Page 2—June 9,2005
ZBA File No.5712—L.Lockwood
CTM Po. 106-6-27 and 26
e. The garage will continue to exist in current location, but boundary line will be moved 9 ft. north of the
structure.
2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue,
other than an area variance, because:
a. The parcels are unusually deep. Lot M's depth is 619.80' to 623.40' whereas.Lot N's depth is 654.09' to
619.84'. Because of the lots' depth, lot width of the existing parcels already does not conform with the Code
requirement of 150'.
b. Given the depths, it is not possible to achieve the 150' requirement without totally reconfiguring the two lots to
create a waterfront lot and an inland lot.
c. A 10'setback for the garage might be achieved by moving the proposed.1'to the north and then, east of the
garage, returning the line to the currently proposed location.
3. The amount of relief requested is not substantial because the applicant's alternatives are restricted by the depth
of the lots. Balancing other lot size and setback nonconformPties, the applicant made every effort to meet code
requirements:
a) PARCEL 1 encompasses a majority of former Lot N, and the new width along the front yard adjacent to
North Drive will increase from 118.06 feet to 126.64 feet. The rear yard width will be reduced from 84.48
feet to 66.83 feet.
b) PARCEL 2 encompasses a majority of former Lot M, and the size will be increased from 59,091 sq,ft. to
63,805 sq. ft., with an 8.58 ft. reduction in the width, or frontage, along North Drive, from 99.05 feet to
90.47 feet. The rear yard width will increase from 98.77 feet to 116.42 feet.
c) GARAGE: A setback variance of one foot is not substantial,given the size of the proposed lot
size of 1.46 acres and the pre-existing location of the garage structure.
4. The variance will not have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because no change in the physical or environmental conditions is requested.
5. The difficulty has not been self-created. The original structures pre-exist zoning and post-zoning additions have
Certificates of Occupancy.
6. This Is the minimum that is necessary and adequate, and at the same time preserves and protects the character
of the neighborhood and the health,safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York
Town Law 267-B, motion was offered by Member Dinizio,seconded by Member Goehringer, and duly carried,to
GRANT the variances as applied for, as shown on the August 24, 2004 map, revised 1-12-05 by
John C. Ehlers,L.S.
This action,does not authorize or condone any current or future use, setback or other feature of the subject property that
may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this
action.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was
duly adopted (5-0).
Filth D. Oliva, Chairwoman 7/Y n 105
Approved for Filing
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: M✓C,l,��'G le 111.4 GK
2. Address of Applicant: a 9Gx 104-1 SDUrd91®L9 Aly 11,P2 ,1
3. Name of Land Owner (if other than Applicant): d5,*VC' J4, V ORr
4. Address of Land Owner: /5`HIZ45 Z,gNE 'FArrj Em�1c Ny y 11733
S. Description of Proposed Project: j'�yqV A1,0117,O l rD ®JrXl, ?AW R.
�,d1�`B7O.fJ � �IQLCO.Uy
6. Location of Property: (road and Tax map
number) 6:20 Al RM AQE!V,6 , HA 7 rl;!&Ck
7. Is the parcel within 500 feet of a farm operation? { } Yes {g No
8. Is this parcel actively farmed? { } Yes K 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.
APPLICANT/OWNER
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 : kl Ag ci- A//
(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 — Y
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 6M day of�,20 2 3
Signature�� y a
Print Name I�lC/y,�l�L . /ll!`li�1CK
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Completin1l
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 frilly
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:p/� F-
Pi9
Project Location(describe, and attach a location map):
420 JVOR7V DRIVE H,4271_ V2rk, NY 119'4-7
Brief Description of Proposed Action:
,�Zi i°0 I/� !0®R77'O�l ®F / �"C®Oiz Roff'
C'rJ��'7".6U CMZ Ivo AL, AAOI�17_10 V
Za4oFl_, g4Z C ONY
Name of Applicant or Sponsor: Telephone G,7
® L G E-Mail,,'XW
k Z Il__AC _IZ
Address:
t 40 47
City/PO: State: Zip Code:
Ire)MI-1060 -M Y 1/ ?7/
1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES
administrative rule, or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
)7 G C T_y Z NA167'
3.a.Total acreage of the site of the proposed action? acres
b.Total acreage to be physically disturbed? Q acres
c.Total acreage(project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? acres
4. Check all land uses that occur on, adjoining and near the proposed action.
❑ Urban ❑ 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? X
b. Consistent with the adopted comprehensive plan? X
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? X
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: X
8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
b.Are public transportation service(s)available at or near the site of the proposed action?
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: ny _rf J X
11. Will the proposed action connect to existing wastewater utilities? ® NO YES
If No, describe method for providing wastewater treatment: OAS/
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? X
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?
b. Would the proposed action physically alter,or encroach into, any existing wetland or waterbody?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or dre likely to be found on the project site. Check all that apply:
0(Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑ Wetland ❑Urban 56 Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered?
16. Is the project site located in the 100 year flood plain? NO YES
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? )dNO ❑YES
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO 9 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:
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: X
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO. YES
completed) for hazardous waste?
If Yes,describe: �®
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Date:
Signature:
Part 2- Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following
questions in Part 2 using the information contained in Part 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
B)ard of Zonin,Appeals Application
AUTHORIZATION
i.Whcre the App)icunt i;. not the Olvncl-)
residing at
(Print property Ob1'nC1' S natll�) -`
Wallin,-Address)
-�--7do hereby authori/e _
(Agent) -----
to apply Cor variance(s) on my behalf from the
Southold Zoning Board of App,z.fs.
---------- (Owner' • tgnaturc) ---- -- - ----
(Print Owner's Name
AGENT/RE 11"RESEN'rATIVE
TRANSACTIONAL, DISCLOSURE FORRI
The Town of Southold's Code of Ethics pro ibits conflicts of inh_rest on the part of town officers and entplovees.The puroose of Ibis
Lorin is tti orovidc information which can ali ri the town of uossiblic conflicts of interest and allow it to tape whatever action is
necessary to avoid sante.
YOLIR INANIE : ko R.r
(Last name,tirst name,mi(id a;nidal,unless you are applying in the name ot'someone else or other entity,such as a
company.11'so,indicate the other perm n's or company's name.)
TYPE OF APPLICATION: (Check all that appl.N)
Tax griev:ance _ Buildinh Permit
Var•liance 'Trustee Permit
Change of 7.onc_ Coastal Erosion
Approval of'Plat-- Moorhur _
Other(activity)
Do you personally(or through your company,spouse,sibling,parent,or child) have a relationship with any officer or
employee of the Town of Southold? "Relationship" includes by blood, marriage,or business interest. "Business interest"
means a business,including a partnersh.p.,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which lite town officer or employee owns more than 5%o of the shares.
YES __ NO k
If you ans•�vered "YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the TO—A-11 t f Southold
'I'itle or position of'tltat person
Describe the relationship between yoursvil (the applicant/ag;ent/representative)and the town officer or en ployee.
Either check the appropriate line A)through D)and/or describe in the space provided.
The town officer or employee or his or her sput.SQ,sibling,parent,or child is(check all that apply):
A)rhe owner of greater that 51!„of tht shares of the corporate shock of'the applicant(when the applicant is a
cor•pu ration!
Q)the Ieual or beneficial owner ot'any nrerest in a non-corporate entity Isthen the applicant is not n corporation)
C')an officer,director,partner,or emplowce of the applicant,or
_.-,-__._ D)the actual applicant
DES(-RIPTION OF RELATIONSHIP
Submitted this — day oQo�� o 2—
Sig,nature_
Print Namc
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
malting 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# ZD-6 - & - 2 7. �
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Dept. E Building Dept. ^I Board of Trustees 0
1. Category of Town of Southold agency action(check appropriate response):
(a) Action undertaken directly by Town agency(e.g. capital El
construction, planning activity, agency regulation, land transaction) 0
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
f9 GU S'y' 1R 027" 041 0,r i �L602 .e, D
cc)A,,-rrevcr- 2NV A4- 0rra,v 6/7.5-5 4/VO z,v'
,0X'-' cavy I= 5''r
Location of action: 2 N 0 ARrh I/,,-c'
Site acreage:
Present land use: )CEZ ON �,�jt�/4
Present zoning classification: /P 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: 1'I/CyD,6L .4 Ael,",4 CSL
(b) Mailing address: 0. Z?b-k 1042 570MV04 &V // 9 7>
(c) Telephone number: Area Code ( ) -3'/to 6,-&P- G g/21
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ❑ No LDKII 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.
1-1 Yes No ® Not Applicable
2'u®F!DOR /1dD/>70.0 IAA 4f D Z vVE C l
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/D A111ZOVC .4N1�_ Aecy zo 4D /PDC.. geSOf//2e.6-t"
— 7V �GfllN L1DT/� eE/VT p"D D�2 G11i�"�1.1/ 1�1'D��:
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III—Policies Pages 6 through 7 for evaluation criteria
Yes E NoVs
Not Applicable
2A0rL. .Qd0/T/OV OV/ rA1� 110ST
✓_ �✓�G�>. �y l�ori®.�
40= Q
!IV ME AJM4
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 0 Not Applicable
YO 1-1 CY 4 &M 710 7.V>S' APAI CA 200.11
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
0 Yes 11 No ®Not Applicable
OQL I Cy :I' il w Y-6 VA- W AppZl ew 7-10go
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 0 No� Not Applicable
evLI CS/ 6 /yA.4 1`O t`1115 .4 ffa CN77drll
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
❑ Yes ❑ No"0' Not Applicable
Tim VILL 66. A 1&1&1&N/_/V cg"QE //V OE&I MAR
YZ2��lC
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 Ur'F'! Not Applicable
L e MZZ OR w 0 121 C.2,,CAX,5 />v 10 4I1> 6&&V7_c
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.
❑ Yec No W Not Applicable
91JL/ Cy 9 H14 n ;Va ,4Y-4/C* ZZOA/
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 M Not Applicable
DAY /,Q AdA r0 7`�/s ,VpPZI C,4 T1010
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria.
❑ Yes' ❑ No� Not Applicable
pO 1-/ cy /1 A11.4 tO *9 IS- 4.ffZ/CA770V
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold.See LWRP Section III — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes ❑ No Not Applicable
) (9 614 ND T ON )OK 0e�/Z7-Y 02 461'1 !�I V s'e 0
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.
0 Yes ❑ No,® Not Applicable
f�d l_!C„Y Z3 NIA 7-'(lT1�IY A i!SRL/C'.�l
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TOWN OF SOUTHOLD PROPERTY RECORD
OWNER STREET VILLAGE DIST. T
FORMER OWNER N E -- ACR.
S W TYPE OF BUILDING y'
RES, c' SEAS. VL, FARM COMM. CB. MISC. Mkt Value — —
LAND IMP. TOTAL DATE REMARKS
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AGE -a fir° BUILDING CONDITION
NEW NORMAL I BELOW ABGME
Y A
FARM
Tillable 1
Tillable . ��yry / °;�. �tf^ l "< �+� / r...rt "
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House Plot DEPTH {
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Extension ,rt 2, a ,/ Ext. Walls �. Interior Finish LR.
Extension - AFire PlacedHeat "' ' 'K DR.
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Type Roof Rooms 1 st F foo #; BR.
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Breezeway ��,'' ' !` /5, Driveway
Garage
,S 0 0
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SOUTHOLD BOARD OF APPEALS
PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIONS
REQUEST FOR SIDE YARD SETBACK VARIANCE
1. ZBA File # 5892: Approval to construct a two story addition to the front
of the dwelling with a non conforming side yard of 5' 7"
2. ZBA File# 6116: Approval to construct a second story addition with
side yard setbacks totaling less than 35 feet on both sides.
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APPEALS BOARD MEMBERSMailing Address:
y
Ruth D. Oliva, Chairwoman *OF SO(/T�,
Southold Town Hall
Gerard P. Goehringer
53095 Main Road• P.O.Box 1179
>� � Southold,NY 11971-0959
James Dinizio,Jr. �n ae Office Location:
Michael A. SimonO iQ Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman IOU � 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS D
TOWN OF SOUTHOLD .
Tel.(631)765-1809•Fax(631)765-9064 L S 1
FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk
MEETING OF JUNE 8,2006
ZB File No. 5892— Francis and Nancy Deegan
Property Location: 500 North Drive, Mattituck CTM 106-6-28.4
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 an adverse effect on the environment if the project is implemented as planned.
PROPERTY FACTS/DESCRIPTION: The applicant's 28,750 square foot parcel is improved with a one and
two-story dwelling with garage as shown on the February 24,2006,site plan prepared by Matthew L. Moed,
P. E.
BASIS OF APPLICATION: Building Department's March 14, 2006 Notice of Disapproval, citing Section 100-
242, in its denial of an application for a building permit to construct additions to an existing single family
dwelling. The reason stated by the Building Inspector in the denial is that such additions and alternations will
constitute an increase in the degree of nonconformance. The proposed side yard setback is 5'7"and Section
100-244 requires 15'.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on May 25, 2006, at which time written
and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the
property,and other evidence, the Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an addition to the front of their
dwelling,which has a non-conforming side yard of 5'7".
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections,the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a
detriment to nearby properties. The terrain of most of the land is sloped, varying between 10 feet to the
easterly lot line (creek) to 40 feet or more at the opposite westerly lot line. The existing one and two-story
home follows the line of the bank at the east side and is not square on the lot. The home has a 5.7 ft.
nonconforming side setback that existed for many years, and the new two-story construction will'replace a
section of the one-story portion, without reducing the nonconforming 5.7 ft. side yard at the north yard. The
neighboring houses are behind the bank,staggered along the bank rather than being along side each other.
• Page 2—June 8,2006
ZB File No.5892—Mr.&Mrs. Francis D,--1_ n
CTM No. 106-6-28.4
2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to
pursue,other than an area variance. The home has been existing for many years.
3. The variance granted herein is substantial because the code requires-15 feet-on a single'side yard, and the
new construction will be 5.7 feet at is closest point.
4. The difficulty has been self-created having knowledge that the home has existed with the northerly
nonconforming side setback.
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 an addition, while preserving and protecting the character of the neighborhood and the health,
safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Members Dinizio and
Weisman, and duly carried, to
GRANT the variance as applied for, as shown on the 2/28/06 revised site plan prepared by Matthew L.
Moed, P.E. 4/2/06 floor and elevation diagrams prepared by Matthew L. Moed, P. E., with ZBA date
stamped April 13, 2006, subject to the following condition:
That the two story addition have large(oversized) roof gutters with leaders into dry wells for the
purpose of catching water run off.
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.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This
Resolution was duly adopted (5-0).
Ruth D. Oliva 7/,,10/06
Approved for Filing
APPEALS BOARD MEMBERS *0f so. Mailing Address:
Ruth D. Oliva, pl0Southold Town Hall
Gerard P. Goehringer,, Chairman 53095 Main Road•P.O.Box 1179
James Dinizio,Jr. u,
Southold,NY 11971-0959
G Q Office Location:
Michael A. Simon �O �� Town Annex/First Floor,North Fork Bank
Leslie Kanes Weisman. l'Ycou 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
http://southoldtown.northfork.net RECEIVED
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD O
Tel. (631)765-1809•Fax(631) 765-9064 n
Sou old �-f
...Town
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF FEBRUARY 7, 2008
ZB File No. 6116—GARY GUJA
Property Location: 372 North Drive, Mattituck CTM 106-6-29
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II
category of the State's List of Actions, without further steps under SEQRA.
PROPERTY FACTS/DESCRIPTION• The applicant's property is located along a 15 £t. wide
right-of-way extending off the east side of North Drive in Mattituck, and consists of 31,984
square feet with 89.60 feet on the west end and 361.21 feet along the northerly side line to
Mattituck Creek. The property is improved with a two-story, single-family dwelling, as shown
on the March 16, 2005 survey prepared by Kenneth L. Woychuk, L.S.
BASIS OF APPLICATION: Zoning Code Sections 280-124 and 280-242A, based on the Building
Inspector's September 17, 2007 Notice of Disapproval concerning proposed additions and
alterations to the existing single-family dwelling, which new construction will create a new
nonconformance or increase the degree of nonconformance with setbacks totaling less than 35
feet on both side yards.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk
County Department of Planning reply dated December 10, 2007 states that the application is
considered a matter for local determination as there appears to be no significant county-wide or
inter-community impact.
TOWN CODE CHAPTER 268 LWRP EXEMPT: The applicant is,proposed construction greater
than 100 feet from the tidal wetlands adjacent to Mattituck Creek. The application is therefore
exempt under LWRP.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, at
which time written and oral evidence were presented. Based upon all testimony,
Page 2—February 7, 2008
ZB File No. 6116—Gary Guja
CTM No. 106-6-29
documentation, personal inspection of the property, and other evidence, the Zoning Board finds
the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The relief requested is shown on the 4/13/2006 site
map prepared by JL Drafting, Inc. (Drawings A-1, A-2, A-3), for a second-story addition and
interior alterations, within 35 feet of,the southerly side yard, and resulting in total side yard
setbacks of 30 feet (10 feet existing from the northerly side lot line and 20 feet proposed from
the southerly lot line).
REASONS FOR BOARD ACTION• On the basis of testimony presented, materials submitted
and personal inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the
neighborhood or a detriment to nearby properties. The addition will replace an existing deck on
the second floor. The intended use of the addition is a master bathroom which is an allowed use
in this neighborhood and will not increase the side yard setback beyond the existing conforming
setback of 20 feet.
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 benefit of a master bathroom can only be
achieved by installing it off the master bedroom which is located on the second floor.of this
house.
3. The variance granted herein is not substantial. The proposed addition will add only 180
square feet to the second-story of the existing house. It will not increase the side yard setback
beyond the existing conforming setback of 20 feet.
4. The difficulty has not been self-created. The Building Inspector has apparently interpreted
that building an addition onto any part of a house with a nonconforming total side yard setback
is not allowed by the code regardless of the fact that the new addition will neither produce a
new nonconformities nor increase the degree on nonconformity.
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 second-story bathroom, while preserving and protecting the
character of the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member Dinizio,
Page 3—February 7, 2008
ZB File No. 6116—Gary Guja
CTM No. 106-6-29
seconded by Member Weisman, and duly carried, to
GRANT the variance as applied for, as shown on the 4/13/2006 site map prepared by JL
Drafting, Inc. (Drawings A-1, A-2, A-3).
Any deviation from the variance given such as extensions, or demolitions which are not shown
on the applicant's diagrams or survey site maps, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any
current or future use, setback or other feature of the subject property that may violate the
Zoning Code, other than such uses, setbacks and other features as are expressly addressed in
this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an
alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Vice Chairwoman), Dinizio, and Weisman.
Chairman Goehringer and Member ' on were absent. This Resolution was duly adopted (3-0).
RUTH D. OLIVA, Vice Chairwoman 3/7 /08
Approved for Filing
l _-.....__ SURVEYOF PROPERTY
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' iNo _ 1 100D_ 1°00' DWRIC1 NO 1000 SECTION NO
"`CCC c A- �'°
'
CAP
SrOwN or SOUTHOLD 106
t000- tp99 VILLAGE OF
R 113 11.
SITE DATA R40 SCTM 1000-106-0627.1
DESCRIPTION: AREA LOT COVERAGE:
PROPERTY: 52806 SQ.FT. III—
GROSS
II—GROSS FLOOR AREA
EXISTING HOUSE 2174.7 SQ,Fr. 4.1%
R40 PROPERTY 52.806 SF
EXISTING DECKS, 683.1 SQ.Fr. L3%
ZONED GFA: 510U SF 4 640.3 IF
(5%OVER 40.000 SF) EXISTING SOUTH PORCH: =45Q.Fr. 0.1%
TOTAL ZONED: 5,7403 IF EXISTING SHED: BS.1 SQ FT. 0.1% O
HOT TUB: 56.3 So.FT. 0.1%
GFA ifr FLOOR: EX PROPOS
ED 64 8 SF W
PROPOSED ADDITION: 37.4 SQ.FT. 0.06%
GFA 2ND FLOOR PROPOSED 617.5 IF f�
PROPOSED 2ND.FLOOR 40.6 SQ.FT. 0.08%
PROPOSED TOTAL 2808.7 IF CANTILEVER
A
PROPOSED 2ND.F100R22.0 So.Fr. 0.04% W
BALCONIES:
^O
TOTAL 3176.6 fQ Fi.
MEETf 680UNDf BV: JOHN EHIFRf SVRVEY DATE 7/06!X106 Ci
ELEVATIONS REFERENCE NGVD'29 DAVM
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SCALE: 1" = 50'-01, +�
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SHEET NUMBER:
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PROPOSED 2ND.FLOOR ISS\ \� \
ADDITION(26.0'X X24.3) X161 �♦
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PROPOSED 2ND FLOOR
BALCONIES(7'-4"X 1'-6')
CANTILEVER o stone walk , gravel
♦ `♦\`� Ccont.
I 34:; walk O
O
fuel tank o CE oe1��\ I ; a"
( ''o1100 l� PAI ' \ 1 \ , ` I I 3.47
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34.33 i x one 1 STORY FRAMED HOUSE
24. 0110 :In FINISHED FLOOR=26.5'
stone al N ins. �' `, \ \ � A w
35.32 i - x r, 18.8' i' ,' `� I I v,
i r 3381-�♦ c? 28.49 g_p --fir
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R 22 33. i
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J 36,8 x ; O 7.8'
' s well
rock steps
wall 34.81 _ ' stone walk steps ; N steps N stone balk p c' + r '
` 36.19 33.50 _ _ 2, W 12, 3j71 r
31.19`i - _--`�4- -_32- p N a3 \ \�' ' �8X4� G ' 1
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generator `.,, 4° 9 �`o o �nceocOf
o o PROPOSED 1ST.&2ND`6 \ oDRYWELL LOCATION
&�ajence ♦� Q/1 \ fence dor • 'o FLOOR ADDITION TBD IN FIELD(VIF)
43— Pb`'\ ` \� 4'S�` 0 S \o ALTER RETAINING WALL _ _ N
` \ end `` 90 \ \ 4.4'S\,
AN WALKWAY AS REQUIRED
4o
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1 tor. AD
SCALE: F = 20'-0" .��y
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^.+ .. -• DRAWN;I�ifMS
SCALE
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w
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STONE WALL i 1 11 i I '
Ilr � lii � III .� iLillI !I
On
4.35'
10.2'
PROPOSED WEST ELEVATION cl
SCALE: 1/8" = V-0"
N�E
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sem
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SCALE: 1/8" = V-0" JOB4.
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EXISTING EAST ELEVATION Acq
SCALE: 1/8"
6z m
9 Z \
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iz
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EXISTING EAST ELEVATION //g�
..a�� �'tiY�� DRAWN:MHlMS
SCALE: 1/8" = 1'-0" 00. - JOB 4.
..- SNEETNUMBEB:
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PROPOSED NORTH ELEVATION
SCALE: 1/8" = 1'-0"
N� E
1 8
N
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f' DRAWN:M"!MS
EXISTING NORTH ELEVATIONS 7D$'q,rte
SCALE: 1/8' = 1'-0" �:i� .�• � ,� SBEETNUMBER.
— O
PROpERT�NE
_ a a
Pi
_ W
0 0 •� o o � a
25'-1"PROPOSED 2N1.FLOOR ADDITIONEXIMN \\
•� I LOWEECK
DQSTING Dass U.KITCHEN I ��
.. ..
_•1 (MINIMUM(2)114/4 ML HDR(VD)) O
i I EX.BEDROOM No.2 /
1
CANTILEVER: 1
ABOVE ®12i ^ 9XIUPPERMDE`CK O�
IMAJLTER
MIN.R)2%4
EX,HALL
3
1 POSE MT7 I Q Z
LIVING ROOM
gu
2ND FLOOR = EX.BEDROOM No.1 _ O .Z
CANTi n3
LLEVER ------ cl
L L
..
MPI.R72X4 Wl id/4X14 ML UNDER WALLABOVE WN
N • O
1 POST MP1 E
BALCONY : -•1 12'-2e 2�A. 11
CANnuvER: 1 1 1%_ S tGHT Ex aexaB 1 1 ;EX.DtNING ROOM• •�
; sxYLlcrlr sXruGHr 11
ABOVE . I 1^'� • • .
1 ptzroc EX.WALK-IN CLOSETS
:. C
EXPANDm 1 2•_9. 1 Z= :_••---•-•-^ 11
..FU-vaxtI ML FL....BUM BDILD arr
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cf s. EX.FAMILY ROOM ; :DiBoxw• :Ez.3mmo•
p 1 - *Uair: :SKYUG6r' m�:y9ni 5
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1441-
y -•1 C.• 2%1 10 NN..
oLi FAUXWINDOW ANM iENIPERD7 BUILDOUT
zxT c.r ^w
rwBoa6 rwaaae K,,� B EX.PORCH u' •u5
to
LmJF
B i T-1• I - 3•
PROPOSED REMOVE(SHED) w
4'-2" 6'61/a" 4'-43/O 6'-IYa"
— I y
F
A 'C".WALK
O
�— — nROPERTY
PROPOSED 1ST FLOOR PLAN
N SCALE: 1/8" = P-0"
o �1
DRAWN:MH/I1R
� .�� o�y•.' y SIIF.ET YUMBE&
--� PRO EP RTY LINE �+
- A-6
r�
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PROPER-f �a
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TOPOGSUBDIRAPHIC
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TOPOGRAPHIC $URVEYS - December 16, 2021 Scale 1 "— 30'
LANG PLANNERS r-reporeL' Ir_f. '
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JOHN MINTO, L.S. F-'JNF: (637) 124-4E32 r I •'
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