Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
5884
BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���� SO Southold 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. '�c0 �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Iycou �, Southold,NY 11971 http://southoldtowmy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 February 12, 2019 Eileen Rowan Permit Expediting Services 80 Wedgewood Drive Coram,NY 11727 RE: Request for De Minimus Determination- , Appeal No. 5884,Diller/Heslin 60 Peconic Bay Boulevard,Laurel SCTM No. 1000-145-2-1.2 Dear Ms. Rowan; I am in receipt of your correspondence, dated February 5, 2019, requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. In your letter, you request a de minimus approval to construct an 80 sq. ft. exercise room under the existing single family dwelling which has been built on piles. In order to construct the room, walls will be erected consisting of an outer wall that will be setback 13.3 feet from the easterly property line. Although being non-conforming,the new construction will maintain the existing footprint of the dwelling that was approved in the 2006 ZBA decision. Based upon the information provided on site plan prepared by Robert L. Luntz, R.A., dated November 14, 2018 (pages A100 and A001), I have determined your request is de minimus in nature because the proposed 80 sq. ft. room will maintain the variance relief granted in the 2006 decision(#5884), and will not increase the degree of non-conformity. Please be advised that.all conditions set forth in Appeal No. 5884 will still apply. Contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Building Department. Sinc , eslie Kan/s Weis Chairperson cc: Michael Verity, Chief Building Inspector ALI RowAN Permit Expediting Services February 5, 2019 Town of Southold Board of Zoning Appeals PO Box 1179 Southold,New York 11971 Attention: Chairperson Leslie Kanes Weisman Re: 60 Peconic Bay Boulevard, Laurel NY SCTM#:1000-145-2-001.002 Dear Chairperson Weisman: Please be advised that the owner of the above stated property has submitted an application to the Town of Southold Building Department for a proposed exercise room to be located under the existing single family dwelling. The Building Department has denied the application as the exercise room does not conform to the required side yard setback of 15'. It is approximately 13' away from the property line. The Board of Zoning Appeals,at a meeting held on November 9, 2006, approved side yard setbacks of 12' and 13' on the east side of the property for a single family dwelling. I have enclosed a copy of the approval. The proposed exercise room is 13' from the side yard and is proposed within the established footprint of the dwelling. In addition to the BZA approval, I have enclosed a copy of the plans for the proposed exercise room and survey. The property owner respectfully requests that the Board consider this matter and make a determination as to the possible issuance of a de minimus letter. Thank you for your time and consideration. V7eeno /er Cc:J. Heslin 80 Wedgewood Drive,Coram,NY 11727 rowanexpediting@gmail.com 631-603-8688 ABBREVIATIONS 9 A/C AIR CONDITIONING inn A.D.J. ADJACENT A.F.F. ABOVE FINISH FLOOR A.F.S. ABOVE FINISH SLAB A.S.S. ABOVE STRUCTURAL SLAB ALUM. ALUMINUM ARCH.. ARCOHI ECT,ARCHITECTURAL RESOLUTION : 4 ARCHITECTURE < ANGLE & AND QRS ED. BOARD J BLDG. BUUI DING ARCHITECTURAL DRAWING GMHEETJD� N BLK. BLACK zcol Q 5 5b50 B.O. BY OTHERS a� SIP • A001 COVER&SITE PLAN BOT. BOTTOM ` A100 CONSTRUCTION PLAN; WINDOW SCHEDULE&WINDOW DETAILS; BR. BRIGHT Q� CAB. CABINET,CABINETRY �G Q • TYPICAL WALL SECTION; CAT. CATALOG �QP�1 �� dp/, METER `WATER MISC.DETAILS CEM. CEMENT CEM.WP. CEMINTITIOUS WATERPROOFING �O / • CFM. CUBIC FT.PER MINUTE �p0' CHR. CHROME CL CENTER LINE CLR CLEAR �, • • CLG. CEILING C.O. CLEAR OPENING 1000, COL. COLUMN • • CONC. CONCRETE f CONSTR. CONSTRUCTION CONT. CONTINUOUS • G� • CORR. CORRIDOR C.P. CENTER POINT m C.S. COUNTERSUNK \ • • C.T. CERAMIC TILE D. DEPTH OR DEEP DEPT. DEPARTMENT G \ • �< • DIA. DIAMETER DN. DOWN r DMPR. DAMPER �, ` • DR. DOOR DET. DETAIL R' DWG. DRAWING ` /18 EA. EACH ` • E.C. EMPTY CONDUIT ELEC. ELECTRICAL ` \ ELEV. ELEVATION • ENCL. ENCLOSURE EQ. EQUAL FRAME SHED ON EQUIP. EQUIPMENT • ` CONC.PAD EXIST. EXISTING ENG.,ENGR ENGINEER 18 F.D. FIELD DIMENSION • • F.F. FINISH FLOOR F.H. FLATHEAD FIN. FINISH • FIXT. FIXTURE FL FLOOR FLUOR. FLUORESCENT .'`� • F.S. FINISH SLAB • EXIST.EXPANSION POOL FT. FEET, FOOT G.A. GAUGE GALV. GALVANIZED EXIST.LEACHING POOLS G.C. GENERAL CONTRACTOR GD. GROUND 17- G.F.I. GROUND FAULT IINTERRUPTED - - • 5a ��\33/ "1� EXIST.SEPTIC TANK GL GLASS GWB GYPSUM WALL BOARD H.CLG. HUNG CEILING 00 ��EX • \ HDWD. HARD WOOD HDWR. HARDWARE HM. HOLLOW METAL ` ' • _ -- -\o _ H.O.A. HEIGHT OVER ALL 16- HORIZ, HORIZONTAL HR. HOUR EXISTING 1-STORY HOUSE • 'S� HT. HEIGHT HVAC HEATING VENTING&A/C ` \/ INCL INCLUDED,INCLUDING ` • / INSUL. INSULATION - � JT. JOINT EXIST.WOOD DECK G • ` � � 15 KIT. KITCHEN PROPOSED GYM L LENGTH ` !,�' ,4, %dc:11 LACQ. LACQUER ADDITION BELOW • �►'� �\/ jm', `, "�• LAM. LAMINTED ` • , LAV. LAVATORY • / �� mow. �, L.O.A.IN. LINEAR LENGTH OVER ALL EXIST.WOOD DECK&STAIRS '�� -� OF OJ�O 4ba MANL. MANUAL EXIST.DRYWELL �•rti) y • RO 9• MANF. MANUFACTURER 14 � '35 y\ 0 12 S� MAX. MAXIMUM , MECH. MECHANICAL �• , MTL. METAL • MIN. MINUMUM MISCELLANEOUS N.C. NO CHARGE • '/ • / `S�ONOVSE NEG. NEGATIVE N.I.C. NOT IN CONTRACT ���, Dw`RES/ y ROpOOO�GF NO., # NUMBER NEA O NOM. NOMINAL ` OBER ` N O A. OVERNTS. NOT ALL SCALE ` OME / O.C. ON CENTER Sj u5E •' y • / FRP EXIST.UTILITY F\O ` I POLE O.D. OUTSIDE DIAMETER . • j OVERALL DIAMETER OPP. OPPOSITE pECK OPNG. OPENING � sigs PART. PARTITION & • • PL PLATE PLAS. PLASTER PLAS.LAM. PLASTIC LAMINATE DECD • 11 spy. • PLY. PLYWOOD OOD ?G O POL. POLISHED PRELIM. PRELIMINARY • �� P J�� PT. PAINT 13-PAINTED PTD. Op P�� OOei; R.A. RETURN AIR �O RAD. RADIUS • ��O �O� \\ RD. ROUND t2 REF. REFER TO �sP 4 \ 111/14/18 BUILDING DEPARTMENT SUBMISSION REFR. REFRIGERATOR • �`v`� pyo b� \ y REG. REGISTER y�P ph yb• REINF. REINFORCED ��C�� 5 \ JSSJ REQ'D REQUIRED RES. RESILENT Q� RET. RETURN \ Off ' �F F_D A�,'� REV. REVEAL N ERL L RM. ROOM \ SSr py Oe' ✓� C� �. S.C. SOLID CORE 4t-� EDLE . SECTION SEC r P� SIM. SIMILAR SLNT. SEALANT SOFF. SOFFIT C9� (.(1 .f SPE � CSPECIFICATIONS, IATIONS,SPECIFIED SQ SQUARE �902050A (J� S.S. STAINLESS STEEL STIR.STL. STRUCTURAL STEEL ST. STRAIGHT SITE PLAN r" STL. STEEL �32�� _ 1 -0,� STOR, STORAGE STRUC. STRUCTURE SUSP. SUSPENDED HESLIN RESIDENCE T.B.D. TO BE DETERMINED TEL. TELEPHONEGYM ADDITION TEMP. TEMPERED _ THK. THICK,THICKNESSs F\� 60 PECONIC BAY BLVD T.O. TOP OF9 i ' { TiD Da . T.O.A. THICKNESS OVERALL LAUREL,NY 11948 N� TOIL. TOILET T.O.S. TOP OF STEEL RESOLUTION: 4 ARCHITECTURE T.O.W. TOP OF WALL 150 WEST 28TH STREET,SUITE 1902,NEW YORK,NY 10001 T.R. TOP REGISTER TYP. TYPICALwHIC BAY B L V TEL:212.675.9266 www.re4a.com FAX:212.206.0944 U.C. UNDER CUT60 P Em" U.O.N. UNLESS OTHERWISE NOTED L N Y I I l } VEN. VENEER VERT. VERTICAL COVER & SITE PLAN VEST. VESTIBULE V.I.F. VERIFY IN FIELD W. WIDTH W/ WITH W/O WITH OUT WD.BASE WOOD BASE EATED- /- ATE: 11/14/18 WD. WOOD BY BY ZvASCALE: AS NOTED ®0 1 WIND. WINDOW WPF, WATERPROOFON # COPYRIGHT® RESOLUTION:4ARCHITECTURE. ALL RIGHTS RESERVED. .__,__ IX EXISTING HOUSE �.I \ /.CONSTRUCTION,/ I! 2X6 NON-LOAD BEARING \ ! STUD WALL @ 16"O.C. 1/2"ZIP SYSTEM SHEATHING,TYP. \ I' \ W/R-21 FIBERGLASS BATT WESTERN RED CEDAR SIDING � INSULATION,TYP. TO MATCH EXISTING: EXISTING W8 STEEL BEAM; _��\ EXISTING T1-11 EXTERIOR PLYWD.CLG, WESTERN RED CEDAR SIDING: \ `i INTERIOR \ HORIZONTAL 1X4 T&G INTERIOR RELATIONSHIP TO NEW WORK ��, \ 1/2"PLYWOOD \ I \ GRADEACLEAR,TYP. MAY VARY(VIF)-SEE PLAN FOR @UNDERSIDE OF EXISTING HOUSE RESOLUTION 4 ARCHITECTURE HORIZ.1X4 T&G GRADE A CLEAR / \ \ 2X6 NON-LOAD BEARING WALL LOCATIONS/ALIGNMENTS ��- TO MATCH EXIST.;ALIGN W/EXIST. INTERIOR SHEATHING i ---_-__- -� �J \ ___- STUD WALL @ 16"O.C.W/ ANCHOR TOP PLATES INTO EXIST. WESTERN RED CEDAR SIDING 3/4"THICK SOLID CEDAR CASING 3/4"THICK SOLID CEDAR CASING \ TO MATCH EXISTING: W/MITERED CORNERS;PROJECTS \ R-21 FIBERGLASS BATT 1/2"PLYWD.INTERIOR W/MITERED CORNERS;PROJECTS FLOOR JOISTS OF HOUSE ABOVE \ WESTERN RED —� ! \ \ SHEATHING,TYP. THROUGH EXIST.T1-11 CLG. APPLY ZIP SYSTEM FLASHING TAPE HORIZONTAL 1X4 T&G 3/4"PAST CEDAR SIDING ABOVE f j \ INSULATION,TYP. 3/4"PAST INTERIOR CEDAR SIDING -� CEDAR SIDING: \ I ACROSS TOP OF METAL FLASHING �. \ GRADE A CLEAR,TYP. _ _ / \ HORIZ.1X4 T&G \ _ '--� ; 2X6 NON-LOAD BEARING GRADE A CLEAR -� LINE OF CEDAR CASING ABOVE ( 1/2"ZIP SYSTEM EXTERIOR 3/4"CEDAR CASING @ SILL&HEAD ALUM.FLASHING W/DRIP EDGE; \ 1 ' ,\ \ 1 \! \ SHEATHING,TYP. STUD WALL @ 16"O.C.W/ \ I\ TO MATCH EXIST. \ ` 1/2"PLYWD.INTERIOR /` \ CAULKING BELOW AS REQ'D,TYP. ` R-21 FIBERGLASS BATT J \ SHEATHING,TYP. \ LINE OF CEDAR SIDING ABOVE I INSULATION,TYP. LINE OF CEDAR SIDING ABOVE/BELOW EXTERIOR INTERIOR WESTERN RED CEDAR SIDING ---- �' \ 3ra"TYP. 1 �, TO MATCH EXISTING: �- \ ` \ /i - HORIZONTAL 1X4 T&G d 2X2 CEDAR TRIM W/ \\\\\\ --------- -- GRADE A CLEAR,TYP. MITERED CORNERS \ ,\ / - - - __ I - 3/4"THICK SOLID CEDAR \ �� \ \ - - - --------- -- \ \ \_ \ W MATCH EXISTING: APPLIED ALUM.DRIP CAP ► \ -- -- ----- -- - - --- \ ------------- ---------------------------- ----------- ----------- ----- % _`\ , WESTERN RED CEDAR SIDING CASING W/MITERED t \ \ ; FROM WESTERN WINDOWS; CORNERS;PROJECTS 3/4" \ l �, ix" \ �% i , // % HORIZONTAL 1X4 T&G GRADE A CLEAR CAULK BEHIND @ NAIL FIN; PAST CEDAR SIDING \ / \ �'�, - -___.___-�_ __ \ __�_� _ ______- WESTERN RED CEDAR SIDING: ZIP SYSTEM FLASHING TAPE \ �' \ - HORIZ.1X4 T&G GRADE A CLEAR OVER NAIL FIN&DRIP CAP TO y\ \ / \ TO MATCH EXIST.;ALIGN W/EXIST. 1/2'PLYWOOD INTERIOR SHEATHING 3/4"CEDAR CASING \ \ \ ( } _ ZIP SYSTEM EXT.SHEATHING @ JAMBS I \ / ( 1 \� 1 f �' � , / � � I I / \� / \ / ' � ' 1/2'ZIP SYSTEM SHEATHING,TYP. � �� / 2X6 NON-LOAD BEARING STUD FIBERGLASS BATT INSULATION,TYP. \/ O B D \ X I O l '\ I I �, I I 8mm CUSTOM-CUT RUBBER ROLL LibLINE OF CEDAR \ I �- PER FLOORING ADHERED R RU /GLUE ONS SIDING BEYOND 3/4"T&G PLYWOOD SUBFLOOR I •' 2X2 CEDAR TRIM W/BEVEL ---- ACROSS TOP EDGE TO SHED /,- 1' 1/2"ZIP SYSTEM EXTERIOR EXIST.CONC.SLAB `/ + I _-_ ' � \ k/ 2X6 PRESSURE-TREATED SLEEPERS WATER;DRIP EDGE GROOVE 1\\ l-� - @ 16"O.C.ON FOAMSEAL SILL ROUTED ACROSS BOTTOM �\ \ SHEATHING,TYP. . _ FRAMING PLATE GASKETING; CAVITES FILL W/FLOOR \ _ O O WESTERN RED CEDAR SIDING TO MATCH EXIST.: - -I RIGID FOAM INSULATION,TYP. FLEXIBLE MEMBRANE SILL \ 1/2"SHIM SPACE FILLED W/ 2X2 CEDAR TRIM W/MITERED CORNERS 1/2:"SHIM SPACE FILLED W/ FLASHING SLOPED TO DRAIN; LOW-EXPANDING POLYURETHANE AROUND SLIDING GLASS DOOR,TYP. LOW-EXPANDING POLYURETHANE HORIZONTAL 1 X4 T&G GRADE A CLEAR,TYP. a a WRAP UP SIDES PER MANF. 1 WINDOW&DOOR FOAM,TYP. WINDOW&DOOR FOAM,TYP. APPLY SEALANT BEHIND NAIL FIN @ SIDES&TOP; EXTERIOR 2X2 CEDAR TRIM W/MITERED CORNERS a; - \ ZIP TAPE OVER NAIL FIN TO EXT.SHEATHING PER AROUND WINDOW UNIT,TYP. MANF.INSTALLATION INSTRUCTIONS APPLY SEALANT BEHIND NAIL FIN @ SIDES&TOP; WINDOW 'B' HEAD/SILL DETAIL �� WINDOW 'A' JAMB DETAIL ��� WINDOW 'B' JAMB DETAIL MANF.APEOTAELLATIONR NAIL INSTTRUCTIONS N TO EXT. THING PER TYP. WALL SECTION OS 3"=1'-0" vo 3" V-0. vi 3„=1,-0„ vo 11/2” V-0, EXIST.CONC.SLAB -� 2X6 NON-LOAD BEARING STUD \\' \ WALL @ 16"O.C.W/R-21 EXIST.HO NO WORK EXIST.STAIR USE ABOVE; \• FIBERGLASS BATT INSULATION,TYP. 1/2'ZIP SYSTEM SHEATHING,TYP. \ i j{ 1/2"PLYWOOD INTERIOR SHEATHING ----- --- -- REDCEDARSIDING: \ '7 ��/ ,i \` WESTERN RED CEDAR SIDING: I ---------- ------- WESTERN --------------- ---- ------------------ ---------------- ------------------------- _ -- _ - -- HORIZ.1X4 T&G GRADE A CLEAR \ HORIZ.1X4 T&G GRADE A CLEAR TO MATCH EXIST.;ALIGN W/EXIST. �� \\' TO MATCH EXIST. ' EXIST.OUTDOOR EXIST. EXIST.STORAGE ---- -- \ SHOWER BATHROOM CLOSET APPLY ZIP SYSTEM FLASHING TAPE ACROSS TOP OF METAL FLASHING ALUM.FLASHING W/DRIP EDGE; \�,, ,�\ li i -------------------------------- -- ------- IL -_---- _ -- -- --- ------------- i r i - i CAULKING BELOW AS REQ'D,TYP.� \ ` `1 0 2X2 CEDAR TRIM W/ \ i ,\ MITERED CORNERS II -- - ° o 3/4"THICK SOLID CEDAR CASING APPLIED ALUM.DRIP CAP W/MITERED CORNERS;PROJECTS EXIST.CONC.STEPS,TYP.— FROM YP.FROM WESTERN WINDOWS; 3/4"PAST CEDAR SIDING ABOVE CAULK BEHIND @ NAIL FIN; ZIP SYSTEM FLASHING TAPE 3/4"CEDAR CASING @ JAMBS OVER NAIL FIN&DRIP CAP TO ZIP SYSTEM EXT.SHEATHING I i i li i 3'-0"MIN. 9'-0•'V.I.F. EXTERIOR O INTERIOR � � � � � li I� NEW WATERPROOF i1 Ii i i i it GFCI RECEPTACLE I i i li i W/FLIP-LID COVER I i h i @ 24"A.F.S. I I i i I -- 8mm CUSTOM-CUT RUBBER ROLL � I i � h i � I 1'-0" WPGFCI — i i i i �_ _______ SIM. i GYM FLOORING ADHERED I� ---------------------------------� �� --- -- ' ----------------------------- , PER MANUFACTURER INSTRUCTIONS I, I II I _ � I I I I � r 1 ' II' F---------------------------------)t t--- ------ i�==- ---- ---- ------- --L - - -___---- -_-___ _---__ ------------------; ;----------------------------------------------- NOTE:SILL PAN FLASHING 3/4"T&G PLYWOOD SUBFLOOR BELOW SLIDING GLASS DOOR, SLOPED TO DRAIN 2X2 CEDAR TRIM W/BEVEL \ --= -=--- --V �_- -=_ -- I� i li I I 3.0• i i I I i i i i i i� ACROSS TOP EDGE TO SHED WATER;DRIP EDGE GROOVE ROUTED ACROSS BOTTOM i i it EXIST.RTO REMAIN \/ - - - - I ' I' ' '� / GYM ADDITION U i i I EXIST. 2X6 PRESSURE-TREATED SLEEPERS FILL FLOOR FRAMING CAVITIES I ' P ' WIP u ' ' I STORAGE MECH. _� , , , 8'-4"X 9'-T' V.I.F. I SILL Y A (V.I.F.) @ 16"O.C.ON FOAMSEALL8 W RIGID FOAM INSULATION,TYP. I i I ' ' I- / -- li i p i i o 80 SF(INTERIOR) PLATE GASKETING \` f, r I i li i EXIST.LIGHT FIXTURE i i I I EXIST.CONC.SLAB i i i it \\ ! I I� REWIRED TO NEW \ 4- 44 EXIST.WOOD BENCH I i i h , SWITCH AS SHOWNJ-L I' ' I' ' I ' ' i jam-EXIST-STEEL BEAM ABOVE,TYP. �I -1 1/T , , NEW STRUCTURAL p v I I STORAGE - i , I I i i i � (NO AL WORK) i it - --------------- - a PER DETAIL O 1 I i r I I i i , , PLATFORM ABOVE 10 G 4 I, r h , 9 A 00 I - L---------------U i i EXIST.STEEL COLUMN,TYP. i it �� i -= —_ - -_=_-- -�i -i -_-_- i i i i (NO NEW STRUCTURAL WORK) i r J r-y- _- _- -- _- _ _ rte- - -- r r i t --- ---- ---- --- --- ---- --- -- ---- ------- --------- ------�.__ I --- ---- --------------------------------- --- -------------------------------- -----------------------------------------------, 'I I I ALIGN NEW CEDAR SIDING WINDOW 'A' HEAD/SILL DETAIL W/EXIST.CEDAR SIDING, 04 3"=1'-0" EACH SIDE OF ADDITION 11/14/18 BUILDING DEPARTMENT SUBMISSION ------ � EXIST.STAIR 91-6"V.I.F. GROUND LEVEL PLAN WALL LEGEND ELECTRICAL SYMBOL LEGEND GENERAL CONSTRUCTION NOTES&FINISHES NOTES PROJECT LIMITS O1 1/4"=1'-0" j L `ch O EXISTING WALLS TO REMAIN WP EXISTING STONCO LIGHT FIXTURE TO BE 1. ALL DIMENSIONS V.I.F. C3 PFR LU4, 0L8 REWIRED TO NEW SWITCH PER PLAN t F C' � 2X6 LEDGERS(3 SIDES)ANCHORED NEW CONSTRUCTION:2X6 WOOD STUDS @ 16"O.C. C" INTO ADJACENT WALL STUDS W/ 2. EXTERIOR DIMENSIONS ARE TO FINISHED EXTERIOR FACE OF NEW LAG BOLTS AS REQ'D EXTERIOR NON-LOAD BEARING PARTITIONS,u.o.N. WPGFCI OUTDOOR WATERPROOF GROUND CEDAR SIDING WHICH SHALL ALIGN W/EXISTING CEDAR SIDING (4)2X3 STUDS ,. N FAULT CIRCUIT INTERRUPTER (EAST&WEST ELEVATIONS). �- „- 2X6 FRAMING @ 12'O.C. CEDAR SIDING-1 / WINDOW/DOOR NOTES RECEPTACLE W/FLIP LID COVER 3. NEW FLOOR FRAMING SHALL BE 2X6 PRESSURE TREATED SLEEPERS FIXED 3/4"PLYWOOD DECK j ,' NEW LIGHTING SWITCH @ 16"O.C.OVER EXISTING CONCRETE SLAB. PROVIDE FOAMSEAL \\�� 6'-0' i ' i % SYSTEMS PERFORMANCE 1. ALL S/DOORS SHALL BE WESTERN LINE THERMALLY BROKEN SILL PLATE GASKETING UNDER SLEEPERS ON CONCRETE SLAB. FILL �' D _ ' FLOOR FRAMING CAVITIES W/RIGID FOAM INSULATION. �zG50� O '� i % ALUMINUM FRAME WITH EXTRUDED ALUMINUM NAIL FINS O 4'-1 1/2" 1'-10 1/2"I \ / \ P 2-BY SOLID \ / i %\ ER SCHEDULE. GLAZING PER SCHEDULE IN 4. NEW SUBFLOOR SHALL BE 3/4"THICK T&G PLYWOOD DECKING. F --- - - - �� T-8"ABOVE FINISH SLAB CEDAR FASCIA / h k' j ELECTRICAL NOTES h --- - 2.ALL WINDOWS/DOORS SHALL BE DARK BRONZE \ TOP OF WINDOW / ; ; \ ` EXISTING HOUSE 5. EXTERIOR NON-LOAD BEARING PARTITIONS SHALL BE 2X6 WOOD ANODIZED FINISH TO MATCH EXISTING WINDOWS. 1. ALL ELECTRICAL WORK TO BE PERFORMED BY A STUDS @ 16"O.C.WITH 1/2"ZIP SYSTEM EXTERIOR SHEATHING&1/2" FIXED /:, \ \• - \ \ CONSTRUCTION , io ` b"ABOVE T.O. i LICENSED ELECTRICIAN. PLYWOOD INTERIOR SHEATHING,U.O.N. PROVIDE R-21 FIBERGLASS \- -- --- WINDOW UNITS' - \\` ;`, - SCREE3. NSPROVIDE ALL SOPERABLE TOMA UNITS MSTANDARD INSECT BATT INSULATION,TYP. HESLIN RESIDENCE 2. ALL ELECTRICAL CIRCUITS HOMERUN TO EXISTING BOT.OF PLATFORM MAIN ELECTRICAL PANEL. 6. NEW EXTERIOR&INTERIOR WALL FINISHES SHALL BE WESTERN RED GYM ADDITION WESTERN WINDOW SYSTEMS WESTERN WINDOW SYSTEMS 4. SLIDING GLASS DOOR TO HAVE STANDARD SILL& PERFORMANCE LINE PERFORMANCE LINE WINDOW'B'JAMB 1-BY SOLID CEDAR(GRADE A CLEAR) CEDAR SIDING TO MATCH EXISTING CEDAR SIDING,AS FOLLOWS: SERIES 7650 SLIDING GLASS DOOR(XO) SERIES 7630 FIXED/7660 AWNING MULL(O-T) WESTERN RED CEDAR PER 07/A100 SCRIBED TO EXISTING WALL STANDARD ROLLERS. WINDOW&DOOR HARDWARE PER 3. ALL SYMBOLS&DIAGRAMS ARE NOT TO SCALE. 60 PECONIC BAY BLVD CLADDING @ UNDERSIDE: SCHEDULE. GRADE A CLEAR LAUREL,NY 11948 1 X4 T&G GRADE A CLEAR CEDAR SIDING OVER 1-BY SOLID CEDAR(GRADE A CLEAR) 4. SWITCHES TYPICALLY MOUNTED AT 44"A.F.F.U.O.N. 1X4 TONGUE&GROOVE(FLUSH JOINT/CENTER MATCH) O O INSTALLED OVER 1/2"PLYWD. 1/2"ZIP SYSTEM,TYP, FLUSH W/1X4 HORIZ.CEDAR SIDING 5. PROVIDE ALL UNITS WITH EXTRUDED ALUMINUM DRIP INSTALLED HORIZONTALLY;ALIGN W/EXISTING T&G JOINTS CAP W/FINISH TO MATCH FRAME. 5. ALL NEW SWITCHES TO BE DECORA BY LEVITON,WHITE MITERED @ CORNERS RESOLUTION: 4 ARCHITECTURE WINDOW TYPES n STORAGE PLATFORM SECTION DECORATIVE TRANSITION DETAIL 6. EXTERIOR WINDOWS&DOORS,NAIL FINS,SILL PANS, 6. ALL NEW SWITCH COVER PLATES TO BE DECORA 7.CEDAR SIDING TO BE PREFINISHED FROM MILL W/BENJAMIN 150 WEST 28TH STREET,SUITE 1902,NEW YORK,NY 10001 @) 3 1/4"= 1'-0" O7 1 1/2"=U-0" 1 O 1 1/2"= 1'-0" FLASHING&DRIP CAPS TO BE INSTALLED PER BRUSHED S.S.BY LEVITON,OR APPROVED EQUAL. MOORE ARBORCOAT SEMI-TRANSPARENT STAIN TEL:212.675.9266 www.re4a.com FAX:212.206.0944 MANUFACTURER INSTALLATION INSTRUCTIONS. ALL (NATURAL CEDAR TONE)TO MATCH EXISTING CEDAR SIDING. WINDOW DIMENSIONS ARE UNIT DIMENSIONS,NOT 7, PROVIDE APPROPRIATELY-SIZED HARDWIRED ROUGH OPENING DIMENSIONS. GARAGE-TYPE ELECTRIC SPACE HEATER W/BUILT-IN 8. EXISTING T1-11 PLYWOOD CEILINGS TO REMAIN. WINDOW SPECIFICATIONS DETAILS THERMOSTAT&WALL/CEILING MOUNTING BRACKET TAG LOCATION MANUFACTURER DESCRIPTION UNIT SIZE xH HARDWARE FINISH GLAZING REMARKS ACCESSORIES/OPTIONS HEAD SILL JAMBS (NEWAIR G73 ELECTRIC GARAGE HEATER,OR SIMILAR) 9. NEW FINISH FLOORING TO BE 8mm(5/16"THICK)CUSTOM CUT CONSTRUCTION PLAN GYM ADDITION PERFORMANCE LINE FLUSH-MOUNTED HANDLE W/ LOW-E COATED DOUBLE-GLAZED NAIL FIN &ALUM.DRIP CAP;STANDARD 1.5"SILL; LOCATION TBD:LOCATE IN FIELD W/OWNER. INSTALL STRONG RUBBER ROLLS GYM FLOORING(COLOR:GRAY-10%) A (SOUTH ELEVATION) WESTERN WINDOW SYSTEMS SERIES 7650 SLIDING GLASS DOOR(XO) 9'-6"(V.I.F.)X 8'-4 1/4" KEYED CYLINDER DARK BRONZE ANODIZED ARGON FILLED TEMPERED GLASS STANDARD 1.81"TANDEM ROLLER;INSECT SCREEN 04 1 ,A100 04 1 A100 06 ) A100 PER MANUFACTURER INSTRUCTIONS. BY RUBBER FLOORING INC.,OR SIMILAR. B GYM ADDITION WESTERN WINDOW SYSTEMS PERFORMANCE LINE 6'-0"X 1'-10" CONTEMPORARY HANDLE DARK BRONZE ANODIZED LOW-E COATED DOUBLE-GLAZED NAIL FIN&ALUM.DRIP CAP;INSECT SCREEN 05 ,A100 05 ( A100 07 ( A100 DATE: 11/14/18 (EAST ELEVATION) SERIES 7630 FIXED/7660 AWNING MULL(O-T) ARGON FILLED ANNEALED GLASS , WINDOW SCHEDULE 'F RAL ��A SCALE: AS NOTED Al 100 02 N.T.S. F__3 L��;��J� ' Y Z B LAt� COPYRIGHT® RESOLUTION:4 ARCHITECTURE. ALL RIGHTS RESERVED. Li SEE DECISION # DATED BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehfinger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 June 21,2013 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 James E. Fitzgerald, Jr. Proper-T Permit Services P.O. Box 617 Cutchogue, NY 11935 Re: de Minimis request Dear Mr. Fitzgerald: I am in receipt of your correspondence dated June 18, 2013 with the attached architectural plans, elevations and site plan. Upon review of the sketches you provided, the proposed deck stairs are permitted by code and therefore in keeping with the original decision, and as such, is de minimus. Our office will forward a copy of the conforming site plan and construction plan sheet #A 110 dated 6/17/2013 to the Building Department. If our office can be of further assistance, please do not hesitate to contact us. Chairperson/Department Head CC: Michael Verity, Building Department Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 RECEIVED ~ June 18, 2013 JUN ~ 0 20B BOARD OF APPEALS Ms. Leslie Kanes Weisman, Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 5884, John C. Diller, SCTM #1000-145-2-1.2 Dear Ms. Weisman: This is further to our previous correspondence on this matter, and responds to your letter of May 13, 2013 The architect has further revised the plan to more clearly show that the area at the top of the stairs to grade in the southeast corner of the dwelling is not an extension of the deck, but rather is a landing and part of the steps for which we seek exemption from prohibition within the previously approved setback area. A revised site plan, a floor plan, and four perspective views, all dated 6/17/13, are enclosed. Please review this change as it applies to our request for a de minimus finding with regard to the plan for the dwelling as it is now proposed with this clarification. cc: Michael Verity, Building Department FINAL MAP ' REVIEWED BY ZBA SEE DECISION # ~c/ OATED I I a subsidiary of THE PECONIC EASTERN CORPORATION FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED I I , HESLIN RESIDENCE RESOLUTION: 4 ARCHITECTURE RF_ceIVED :~ ,JUN ~ 0 'ZO13 BOARD OF ~.ppEALS VIEW 3 JUNE 17 2013 :INAL JEWED BY ZBA DECISION # HESLIN RESIDENCE RESOLUTION: 4 ARCHITECTURE RECEIVED JUN ~ 0 2013 VIEW 1 JUNE 17 2013 BOARD OF APPEALS I ;INAL MAP F~EVIEWED BY ZBA ~EE DECISION # Y~ ~/ ~ATED I I HESLIN RESIDENCE RESOLUTION: 4 ARCHITECTURE RECEZVED ,]UN ~ t) ~013 VIEW 2 JUNE 17 2013 BOARD OF APPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION # ?~ DATED. /~,, /~ HESLIN RESIDENCE RESOLUTION: 4 ARCHITECTURE r-'LI-CE,[VED JUN 2 0 2013 BOARD ,'DF/:,PPEALS VIEW 4 JUNE 17 2013 PROPOSED J STORY HOUSE 15T FLOOR ELEV APPROX: 25 75' I10.75' ABOVE APPROXIMATE ADJACENT AVG. GRADE) TOTAL BUILDING HEIGHT: 22.5' WOOD DECK ELEV APPROX: 2525' ELEV APPROX: 25.25' FINAL MAP REVIEWED BY ZBA SEE DECISION # ~Y~ g r DATED__/__ I BASED ON SURVEY DATED: NOVEMBER 2, 2005 BY: NATHAN TAFT CORWIN III, LAND SURVEYOR PHONE (631) 727 2090 FAX [631) 727 1727 OFFICES LOCATED AT: 1586 MAIN ROAD JAMESPORT, NY 11947 MA~LiNG ADDRESS: P.O. BOX 16 JAMESPORT, NY 11947 HESLIN RESIDENCE SUFFOLK COUNTY NEW YORK RESOLUTION: 4 ARCHITECTURE SITE PLAN Imam RRST FLOOR GROUND FLOOR RES4 THE MODERN MODULAR RECEIVED JUN ~ 0 2013 BOARD OF APPEAL! FINAL MAP REVIEWED SEE DECISIOI DATED I IY ZBA I HESLIN RESIDENCE RESOLUTION: 4 ARCHrI'ECTURE CONSTRUCTION PLAN Al10 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 December 7, 2012 James E. Fitzgerald, Jr. Proper-T-Permit Services P.O. Box 617 Cutchogue, NY 11935 RE: Diller, ZBA #5884 Dear Mr. Fitzgerald, I have reviewed your letter dated November 15, 2012, the additional information dated November 28, 2012, and the survey and site plan that you submitted with your request for a de minimus determination. I presented your request to the members of the Board of Appeals at our Regular Meeting on December 6, 2012. Since you do not propose any side yard setback changes to the variances granted in decision #5884, and since the proposed location of the house has made it more conforming to the code and meets the setback condition cited in the original decision, the Board has determined that your requested modification is de minimus in nature. I will instruct the office to send a copy of this letter and a stamped approved copy of the building plans, survey and site plan with your request to the Building Department so that you can apply for a buildi~p~ermit. If you have any questions, please call the office. Leslie Kanes Weisman Chairperson/Dept. Head Proper-T Permit Services P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 jefitzgel~suffolk, lib. ny. us Fax: 631-734-7463 RECEIVED MEMORANDUM NOV~,c $ 2012 BOARD OF APPEALS TO: Vicki Toth - ZBA Office DATE: 11/28112 FROM: Jim Fitzgerald SUBJECT: Dfller Property; SCTM #1000=145-2-1.2 Attached is a reduced-size copy of the construction plans which will be submitted to the Building Department. Note in the "East Elevation" that the height of the building is shown as I ~ ~. ~ , , . , ~,~,~,1~, ~ ~ i ~ ~ .~.~~~' ,' ' '~ , ~ ~ w~ ~ · ~ ~ ~ , /~ _OARD ~ ~**,~., ~..,~,. =.... ~ ~ .~ , _~,.. ~ 'l~' Proper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 November 15, 2012 Ms. Leslie Kanes Weisman, Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 RECEIVED BOARD OF APPEALS Re: Appeal No. 5884, John C. Diller, SCTM #1000-145-2~1.2 Dear Ms. Weisman: Mr. Diller, the owner of the referenced property, requests that the November 9, 2006 findings of the Board be modified, while maintaining compliance with all of the five specified conditions (numbered 1-5) stated for the granted alternative relief, to refer to the revised survey (Corwin, last dated November 1, 2012) attached. The revisions included in thc November 1, 2012 survey arc these: The shape of the house is changed, while keeping the sideyard setbacks specified in Condition #1. · The location of the house is changed, moving it further from the shoreline structures and meeting the requirements of Condition #4. The purpose of this request is to secure the Board's confirmation to the Building Department that the house shown in the revised survey meets the conditions set foah in the Board's original grant- ing of alternative relief in its November 9, 2006 findings. Proper-T Permit Services represents Mr. Diller in this matter, and a letter of authorization is en- closed. Sincerely, cc: Michael Verity, Chief Building Inspectdr Mr. Diller a subsidiary of THE PECONIC EASTERN CORPORATION 162 Charleston Park Nashville, TN 37205 Chairperson Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of a permit application for the conslruction of a dwelling and associated structures and services on my property located at 60 Peconic Bay Boulevard in Laurel and designated by Suffolk County Tax Map No. 1000-145-2-1.2, and to furnish, upon request, supplemental information in sup- port of the application. RECEIVED BOARD OF APPEALS SURVEY OF PROPERTY $ITUA TED A T LAUREL TOWN OF SOUIHOID SUFFOLK COUNTY, NEW YORK S,C. TAX No. 1000-145-02-1.2 SCALE 1"=40' NOVEMBER 2, 2005 · ~NUARY 13, 2005 ADDED PROPOSED HOUSE AUGUST 7, 2006 RE~qSED PROPOSED HOUSE MAY 26, 2011 STAKE SOUTHERLY PORqlON OF WEST PROPERTY LINE NOVEMBER 1, 2012 REVISED PROPOSED HOUSE AREA = 21,275.42 sq. ff. (TO BU~.~O) 0.488 ac. 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING [I..[VATION$ AR[ SHOWN THUS::Lo EXISTING CONTOUR UNES ARE SHOWN THUS: 5 TEST HOLE DATA /1A RECEIVED BOARD OF APPEALS APPEAL~ BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 9, 2006 ZB File No. 5884 - John Differ Property Location: 60 Great Peconic Bay Boulevard, Laurel Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED q:oi4 . CTM 145-2-1.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further SEQRA steps. PROPERTY FACTS/DESCRIPTION: The applicant's non-conforming 21,275 sq. ft. property is located in an R-40 Low-Density Residential Zone District with 52.58 ft. along Peconic Bay Boulevard, 412.82 feet along the easterly side line, and 56.53 feet along the lower wood bulkhead at the high water line of Great Peconic Bay, shown on survey dated November 2, 2005 revised August 7, 2006 by Joseph A. Ingegno, Land Surveyor. (The neighbor's 10.2' by 18.3 accessory shed which is shown on the applicant's survey overlaps the easterly property line. The applicant confirmed by attorney letter dated May 31, 2006 that the shed will be relocated to a conforming location on the neighbor's property, removing the additional concern of nonconformity created by the shed.) BASIS OF APPLICATION: Zoning Code Sections 100-239.4B (280-116) and 100-244 (280-124), based on the applicant's request for a building permit and the Building Inspector's February 8, 2006 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and a setback is less than 75 feet to the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 28, 2006 and October 26, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: A new 1536 square foot dwelling is proposed with nonconforming setbacks measured +/-30 feet at its closest point to the bulkhead and measured at 44 feet from the bulkhead along the high water mark of Peconic Bay. Also requested are reduced setbacks at 12 feet on the east side and 10 feet on the west side, at its closest points, instead of the code required 15 and 20 ft. minimum side yard setbacks, and less than the total side yards of 35 feet. Page 2- November 9, 2006 ZB File No. 5884 - John Diller CTM No. 145-2-1.2 AMENDED RELIEF: During the September 28, 2006 hearing, the applicant was asked whether or not he would accept alternative relief that would provide some variance relief different than the plan proposed, in that the house could be moved to meet the minimum setback from the bulkhead. By letter dated September 29, 2006, the applicant's attorney, William Goggins, stated that the owner consents to the same and furnished an Affidavit dated September 29, 2006 which also confirms the owner's intention to provide a continued easement for electric if the existing utility pole and lines are removed or modified during the construction. After receiving testimony from nearby landowner(s) in writing, and testimony received during the October 26, 2006 public hearing, the applicant through his attorney submitted his Affidavit dated October 22, 2006 outlining knowledge of the area and history of the properties, other agency permits, erosion, wooden retaining wall, bulkhead, and similar environmental safeguards, and giving reasons why the application should be granted as applied in the original application and if the house is required to be located 75 feet from the bulkhead and 115 feet from the normal high water mark, further asking that the side yard relief be granted without a condition of reducing the height of the house from 29 feet to the top of the ridge to 26 feet. TOWN CODE CHAPTER 268 - LWRP DETERMINATION: The applicant is requesting a new dwelling set back less than the code-required 75 feet minimum from the bulkhead and 100 feet from the water pursuant to Chapter 268. A Determination of Inconsistency was issued under Chapter 268 (95)-Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application modifies the setback, substantially to meet the minimum requirement of 75 feet to the bulkhead at its closest point under Chapter 280 (100)Zoning Code. Since there is sufficient land area available to increase the setback from the waterfront, it is reasonable to eliminate the extreme non-conformity proposed for a dwelling and require the greatest reasonable degree of conformity with the Zoning regulation under Section 280-116 (100~239.4B), as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. REASONS FOR BOARD ACTION; On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the lot is narrow at only 52 feet in width, and the code requires a total side yard area 35 feet, or 15 feet on one side yard and 20 feet on the other side yard. A house only 17 feet wide would not be possible for the applicant. The alternative granted allows a house 30 feet at its widest point, and the remaining land is available to maintain at 1536 square feet (or more) for the applicant's home. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Although the property is 21,275 square feet in total size, and the depth of the property is over 400 feet long, the property is very narrow at only 52 feet. 3. The variances granted are substantial. Page 3'- November 9, 2006 ZB File No. 5884- John Diller CTM No. 145-2-1.2 4. The difficulty has been self-created and is related to the desire to build a home that is larger than the minimum code required 850 square feet for a single-family dwelling. 5. Testimony and information has been submitted to suggest that additional variances to place a dwelling close to Great Peconic Bay will have an adverse impact on the physical or environmental conditions in this residential community. 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Chairwoman/Member Oliva, and duly carried, to DENY the variance as applied for, and to GRANT alternative relief providing to locate a new dwelling with reduced side yard setbacks at 10 feet on the west side and 12 and 13 feet on the easterly side (northeast and southeast corners of the home respectively as shown on the revised August 7, 2006 site survey, subject to the following conditions: The applicant's plan for a two-story home is permitted with reduced side yards as requested and shown on the survey last-revised August 7, 2006, prepared by Joseph A. Ingegno at 10 feet on the west side and 12 feet and 13 feet respectively on the east side. 2. The building height within the reduced side yard areas shall not exceed 26 feet measured from ground to the top of the ridge, or gable end of the building. 3. The third story area for a deck is not permitted as proposed. The new home shall be no closer than 75 feet from the primary bulkhead located along the Flood Zone AE (and at least 100 feet from the high water bulkhead shown along Great Peconic Bay). That proper storm water drains be properly installed to catch water runoff from the property from the multiple roof design of the home and be positioned at all ground level points on the property, 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 Page ~ - November 9, 2006 ZB File No. 5884 - John Diller CTM No, 145-2-1.2 alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliv.~Chairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0~ /... '-~ ~ f'h ..~ (-~ . Ruth D. Oliva 11/17'/06 Approved for Filing SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI, LLP April 4, 2007 James Dinizio Chairman of the Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Diller v. Zoning Board of Appeals of the Town of Southold Index No. 07-8037 Dear Mr. Chairman: Enclosed please find the Court's decision dismissing the Article 78 proceeding brought by Mr. Diller. As you will see, the Court found that the Board's decision was not arbitrary or capricious and therefore dismissed the petition on the merits rather than as time barred under the statute of limitations. Vo~tru~ly yo314's Frank A. Islet FAI/cd Enclosure cc: Kieran Corcoran, Esq. - w/encl. INDEX No. 07-008037 PRESENT: lqon. SUPREME COURT - STATE OF NEW YORK I.A.S. PART 6 - SUFFOLK COUNTY Gary J. Weber MOTION DATE March 21, 2007 Acting Justice of the Supreme Court Motion Seq. # 001-MD #.002-MD JOHN D1LLER Petitioner WILLIAM GOGGINS, ESQ. ATTORNEY FOR PETITIONER P.O. BOX 65 MATTITUCK, NY I 1952 flPl 6 200? /' io a special procecdiog pm'suam to CPLR Article 78 against the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD Responder, t SMITH, F1NKELSTEIN, LUNDBERG, ISLER & YAKABOSKI, LLP BY: FRANK ISLER, ESQ. ATTORNEY FOR RESPONDENT 456 GRIFFING AVENUE, PO BOX 389 RIVERHEAD, NY 11901-0203 The Petitioner, by Order to Show Cause (Mot. #001) granted on March 7, 2007 and Verified Petition, seeks an Order from this Court vacating the detemfination of tile Respondent as having been arbitrary and capricious, the product of an error of law, and nnsupported by snbstantial evidence. The Respondent, by Notice of Motion (Mot. #002) dated March 22, 2007 has moved this Court for an Order disnfissing the petition. Petitioner has submitted an Affirmation in Opposition dated March 21, 2007. DECISION The Petitioner is the owner of certain waterfi'ont property in the Town of Sonthold and he wished to build a year rooud hmne on }lis parcel of property in a conmmnity comprised of beach bungalows. In order to gain the greatest advantage ora water view he songht a variance fi'om the building code so as to permit him to bare the maximnm view of the shore. The proposed siting of this home was to be within 100 feet of the water. Because of this, it fell witlfin the jurisdiction of the Town Trustees who are charged with stewardship of Peconic Bay as granted by the Andros patent. The Petitioner obtained a favorable determination from the Trustees and proceeded to make applicatioo to the Zoning Board of Appeals for both side yard variances and a waterfi'ont variance. The Zoning Board of Appeals graoted the Petitioner's request for side yard variances, but denied his request for a waterfi'ont variance. The Petitioimr tbnnds his argnment oo two gronnds. Petitioner contends thai the detem~ination of the Trnstees should have been binding upou the Zoning Board of Appeals. Secondly, Petitioner urges that the ~emarks ~nade by tbe Assistaot Town Attorney concerning his personal opinion as to whether the variance should be granted are binding upon the Zoniog Board of Appeals. Both argmnents are flawed. The Trustees are charged with stewardship of Peconic Bay, bt. it simply because the trnstees have no objection to any particular project does not mean that the applicable provisioos of the Southold Town Zooing Code are then rendered inapplicable or that another Board, as here, the Zooing Board of Appeals, must ipsofiwto grant approval to the project, simply because the Trostees have done so. Simply pnt, building projects in this day and age often have many governmental hurdles to jump and passage over one sncb hurdle does not necessarily bestow a fi'ee pass for the applicant over any of the rest of them. Accordingly, while a determination by tile Trustees is informative as it bears opon some aspects of the Zoning Board of Appeals determination, it is not binding. The Assistant Town Attorney's persooal opinion is irrelevant, and his Page 1 of 2 role is as legal coonsel to that board, nothing more and nothing less. The Petition fails to demonstrate that tire determination of the Zoning Board of Appeals was arbitrary and capricious, infected by an error of law, or not supported by substantial evidcoce. See CPLR 7801 et. seq., and Retail Property Trttst v. Board of ZouiJlg Appeals, 98 NY2d 190 (2002). Accordingly, the Petition is denied. The motion made by the Respondent Town, for the foregoing reasons, is moot and therefore denied. ORDER ORDERED that tire Petition is denied (Mot. #001); and it is l~rther ORDERED that tire Respo ~dent s motion (Mot. #002) is denied; and it is further ORDERED that the Respondent is directed to serve a copy of this decision and order together with a notice of entry on the Petitior~er as soon as is practicable. This sball constitute the decision and order of the court. Dated: March 30, 2007 ~a~gj..~ Final Disposition Scan Page 2 of 2 LEGAL NOTICE SOUTHOLD TOWN 7_,ON~G BOARD OF APPEALS THURSDAY, SEPTEMBER 28, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ SEPTEMBER 28~ 2006: 1:50 P.M. JOHN DILLER #5884. Request for Variances under Sections 100-239.4B and 100-244, based on the Building Inspector's February 8, 2006 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and setback is less than 75 feet to the bulkhead. Location of Property: 60 Great Peconic Bay Boulevard, Laurel; CTM 145-2-1.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: September 5, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski #8070 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed Principal Clerk Sworn to before me this 2006 ,- ~e!~. "Martin7 ~000N° e°l thatlda gnateda~e Flle~i are ava ~/t_ a.~,Zard. ~ ~qag. ff~'[. FOP~,/I NO. 3 ~ko~~ ad~ NOTICE OF DISAPPROV~ TO: Willi~ Goggins ~c Diller PO Box 65 Mattituck, ~ 11952 DATE: February 8, 2006 Please take notice that your application dated February 3, 2006 For permit for construction of a new single family dwelling at Location of property: 60 Great Peconic Bay Blvd., Laur, ok-NY- -. County Tax Map No. 1000 - Section 145 Block2 Lot 1.2 ) Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 21,275 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-244, which states that, on non- conforming lots, measuring between 20,000 and 39,999 square feet in total size, are required to have a minimum ~ingle side yard ~xt~k ot~ l'5'~tal side v,a~§~tback of 35~f-~d~The proposed construction fiotes a singl&side yard setback of 10 f~et and~/total side yard setback o~'~,;feet. In addition the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B which states; "All buildings locate~kon4ots upon whi.ch a bulkhead, concrete wall, riprap or similar structure exists and whieh~e adjacent to tidal waterb-6'djes other than sounds shall be set back not less than seventy!41ve (75) feet from the bulkhead.y] The proposed new dwelling will be set back +/- 20 feet from the nearest wood bulkhead. 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. .kIqR,ICATION TO TIlE SOUTtlOLD TOWN BOARI) OF AI'I'I!2AI,S l'arccll,mali,m: IhmscNo. 60 Sllcel Great Peconic Bay Blvdlqamlcl Laurel SCThl 10ti0Scclion ~:~51flock 2 Lol(s)_l_.~2_l,otSize _2~27~5Zonel)islric( 1t/40 I (WE) :\lq'Ii;Al, TIlE WI{ITTEN DETICA~.MINATION OF TIlE BUllAIIN¢; INSI'Ii;CTOI{ I}ATI~;I}: Februar7 8, 2006 ~ a~ fl., ,~--I~ , ,,,,.,.,,,.,,, -- htlailii,g P.O. Bo~65, Mattituck, New Yo[) 1!}~2~ Nfl Aulhorizcd Represenlativc:_ Will, am C.~Go_ggins Address: P.O. Box 65/13105 Main Road, Mattituck, New York [1952 Telelllnm¢: 631-298-4200 l'leasc specify who you wish correspondence tO be mailed to, from the above listed nam~.~s: [~ Apldicant/Owner(s) KI Authorized Representative FA Other: WIIEI(EBY TIIF, BUIIA)ING INSPECTOR DENIED AN AI'I'IA(bVI'ION DATED Fe_lcruary 8,~ 2006 IrOR: [X Betiding I'ermit ti Certificate of Occupancy [3 Pre-Certificate of Occopancy [3 Change of Use [1 l'erznit for As-Built Constrnction ()lhm': l'rovi.simt of Ihe Zoning Ordinance Appealed. Indicate Adicle, Scclion~ Subsection ami paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlV Section 100- 24/+ Snbsection XXIII 100-239 4B Type of Appeal. An Appeal is made fo]': \gA Variance to the Zoning Code or Zoning Map. [1 A Variance due to hick of access reqnired by New York Town Law-Section 280-A. ti Interpretation of the Town Code, Article Section Il Reversal or Other A prior appeal t~ hasX%has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, If granted, because: the adjacent lots are the same size with similar existing set backs. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant fo pursue, other than an area variance, because: of the unique size and location of the lot {3) The amount of relief requested ls not substantial because: It seeks a minimal set side of an variance and the bay side variance is consistent with the location of the adjacent structures. (4} The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: it is minimal (5) Has the variance been self-created? (xx) Yes, or ( ) No. If not, Is the construction existing, asbullf? ( ) Yes, or ( ) No. {6} Additional information about the surrounding topography and building areas that relate fo the difficulty In meeting the code requirements: (attach extra sheet as needed) Waterfront residential property, location of structure anywhere else would substantially adversely impact the use and value of the property. Thls Is the MINIMUM that Is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safely, and welfare of the community. ( STANDARDS. (Please consult your attorney.) ¢Dtherwlsq, pie, ese proceed to the sl,qnature notary area below. Slgnc~f'~re ~f ~ppe~c~r Authorized Agent Sworn to before me this (Agent must submlt Authorlzatlon from Owner) (Notary Public) ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE and ZBA App 9fJO/O~ ELAINE T. VILLANO Notary Public, State of New York No. 01Vt6029229, Suffolk Coqnty Commission Exol~-~ A~ ~ 7pplicant: fo~/ I. For Demolition of Existing Building Areas Please describe areas being removed: APPI,ICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared:. ~t/6q/5 AUG 3 0 ?O0~ Il. New Construction Areas (New Dwelling ~x,~ aaa~+~..o~*~-~a~-_¥ D~menstons of~ second floor: ~WKcOo ~$ (eO~ Z~ '~ ' ) ~, ~. ~'~t Dimensions. of floor, above second level'.. ~ O~ ~ag~'~_ ~' ffDR~o~ ll'~K. 16.t .~c Height (from fimshed ~ound to top of mlge): ,2 g (~ff ~ ' Is basement or lowest floor area beiog constructed ? If yes, please provide height (above ground) measured ~om natural existing ~-ade to first floor: [ t 6" III. Proposed Alterations or Interior Structural Changes withont enlargement/extension (attach exUa sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: A//~t Number of Floors and Changes WITH Alteratioos: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage' of buildings on your properly: Proposedinoreaseofbuildingcoverage: ___{ti'Jr~' Square footage of your,lot: ___ ~R../I 2. T.l Percentage of coverage of your lot by building area: __ q. V. Purpose of New Construction Reqnested: /~o/t,O ,4-' A'7,~Ct~ ~t;' .,~,at,*] t,,~a~Oe~¢t_~'' VI. Please describe the land contonrs (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): .F~ Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construcfion), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~, (~'3 VILLAGE DIST. SUB. LOT S W DATE OF OONSTRUOTION Tillable FRONTAGE ON WATER ~ ~ / W~lond FRONTAGE ON ROAD ~ / Meedow~d DEPTH ~/~ / House Plot BULKH~D Tote I NOTICE TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north fork.net/Southold/ Examined ~/~/~ 0 __ Approved 0' Disapproved a/c ~ // Expiration ,20__ PERMIT NO. BUILDING tPPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y S.D.E.C. Trustees Contact: -- Mail to: ]3~uitdin~ lfispector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS January 23 ,20 06 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets o£plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan strawing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant Such a permit shall be kept on the premises available for inspection throughout the work. e. No building sl~all be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent-Attorney Name of owner of premises John Diller (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 60 Pecon±c Bay Boulevard House Number Street Laurel Hamlet County Tax Map No. 1000 Section Subdivision 16.5.00 Block 02.00 Lot 001.002 Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy s±ngle FamSly R~siclence b. Intended use and occupancy Single Family Residence 3. Nature of work (check which applicable): New Building X Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost $200,000.00 5. If dwelling, number of dwelling units If garage, number of cars ~/A Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 1 6. If business, commercial or mixed occupancy, specif.~ nature and extent of each type of use. N/A 7. Dimensions of existing structures if any: Front N[A . x Rear Depth_ Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front 42 Height Number of Stories Rear 24 Depth 62 9. Size of lot: Front 56.63 ft. Rear 52.58 ft. Depth 423.52 ft. 10. Date of Purchase Name of Former Owner 1 I. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES__ NO X Will excess fill be removed from premises? YES NO. X 14. Names of Owner of premises~__Address Name of Architect Address Name of Contractor Address Phone No. Phone No Phone No. 15 a. ls this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES x NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) WILLIAM C.C. OgC. IN,q being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)Hc is the Agent-Attorney (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn t~j~fore me this {~[o -- day of January 2006 Notary Public - Signature ~ Appl~& ' PLANNING BOARD MEMBEr' JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Zoning Board of Appeals James King, President Members of the Board of Trustees From: Mark Terry, Senior Environmental Planner LWRP Coordinator Date: August 30, 2006 (REVISED) Re: Proposed Wetland Permit for JOHN DILLER SCTM#1000-145-2-1.2 AUG 3 0 200 William C. Goggins, Esq. on behalf of JOHN DILLER requests a Wetland Permit to construct a single- family dwelling and sanitary system. Located: 60 Peconic Bay Blvd., Laurel. SCTM#145-2-1.2 The proposed action has been reviewed to Chapter 95, 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, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed residence from the tidal wetland is proposed at 75 feet~ a minimum separation distance of 100' is required pursuant to Chapter 97. Please require that the applicant amend the application to meet the above policy. Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. JOHN R. MCNULTY 865 PECONIC BAY BOULEVARD P.O. BOX 107 LAUREL, N.Y. 11948 PHONE (631) 298-4638 FAX (631) 298-1710 MCNULTY6@OPTONLINE.NET SEPTEMBER 24, 2006 BOARD OF APPEALS SOUTHOLD TOWN HALL 53095 MAIN ROAD -- POBOX 117 SOUTHOLD, NY 11971-0959 APPLiCATiON Of JOHN DilLer #5884 MADAM CHAIRLADY AND MEMBERS OF THE BOARD MY WIFE AND I WILL BE OUT OF THE COUNTRY ON SEPTEMBER 28 AND REQUEST THAT THIS MAI' I IER BE ADJOURNED, or, IN THE ALTERNATIVE THAT YOU MAKE THIS LETTER PART OF YOUR rECORD, OR, LEAVE THE HEARING OPEN UNTIL SUCH TIME AS it IS CONVENIENT FOR THE BOARD TO HEAR US. WE Will rETUrN ON OCtObEr 7, 2006 MY WiFE AND I ARE THE OWNERS OF A MODEST ONE-STORY SUMMER BUNGALOW iMMEDIATELY ADJACENT TO ThE APPLICANT'S PARCEL ON THE EAST. THE APPLICANT IS MY COUSIN. IN The 1800S our GraNdfather, CharLES J. MCNULTY, ACQUIRED A FARM IN LAUREL THAT RAN FROM THE MaIN ROad TO ThE GREAT PeCONIC BaY. AROUND ThE TUrN OF ThE CENTURY hE ErECTed TWO BUNGALOWS, ONE THAT IS NOW OWNED BY MY WiFE AND ME. THE OTHER lS OWNED BY THE APPLICANT AND HIS WIFE AND WAS MOVED FrOM FRONTING ON THE BaY TO NOW FRONTING ON ThE BOULEVard ON a LOt 100 FEet EAST OF ThE SUBJECT PREMISES. THE APPLICANT LATER BUilt A RESIDENCE ON THE BAY THAT HE SOLD LAST YEAR. ORIGINALLY, I AM INFORMED, MY BUNGALOW WAS SEVERAL HUNDRED FEET SEAWARD OF ITS PRESENT LOCATION BUT WAS MOVED BACK TO ITS PRESENT LOCATION MANY YEARS AGO DUE TO EROSION. i KNOW OF MY OWN KNOWLEDGE THAT IT has BEEN IN its PreSENT LOCATION SINCE Prior TO 1942. MY GraNDFATher retaiNED 300 feet OF frONTaGE ON THE BAY THAT HE DIVIDED EQUALLY AMONG HiS SIX CHILDREN iN 1943. The parcel That iS The SUBJECT Of This PROCEEDING WAS DEVISED TO THE APPLICANT'S MOTHER, NOW DECEASED. THE PARCEL IMMEDIATELY TO THE WEST WAS DEVISED TO MY FATHER AND ULTIMATELY PASSED TO MY BROTHER, WILLIAM, NOW DECEASED. ON HIS DEath, it PASSED TO MaUrEEN MCNULTY, NOW DECEASED. THIS LOT iS PreSENTLY OWNED BY ChriSTOPher, THOMAS, ELIZaBETh, Mark AND Margaret MCNultY. THE APPLICANT SOLD HIS WATERFRONT rESIDENCE LOCATED aPPrOXimaTELY 100 FEET TO THE EAST LAST year for $1.9 MILLION, WHICH RESULTED IN THE BREAKING UP OF THE FAMILY COMPOUND. HE HAS RETAINED ONE OF The ORIGINal ONE-STORY BUNGALOWS ON A FLAg LOT THAT HAS THE POLE POrtiON EXTENDING TO PECONIC BAY. ON hIS OTHEr LOT That IS The SUBJECT OF THIS APPLICATION HE STAKED OUT THE OUTLINE OF THe PROPOSED STRUCTURE. HE SHOWED it TO ME AND TOLD ME THAT HE WANTED TO ERECT A ONE STORY, ONE BEDROOM, CARE FREE HOUSE FRONTING ON THE BAY, a VERITABLE PiED-A~TErrE. I HAD AND HAVE NO OBJECTION TO THAT PROPOSITION. i WAS SHOCKED WHEN ! EXAMINED THE FILE TO FiND THAT THERE HAD BEEN A FURTHER MODIFICATION A~ ! ER THE TRUSTEES RULED THAT HE MOVE THE BUILDING BACK FROM THE BULKHEAD AND BAY. The PRESENT APPLICATION SEEKS VARIANCES FOR A THree- STORY HOUSE THAT WAS NEVER REVEALED, DISCUSSED or TO 2 MY KNOWLEDGE CONTEMPLATED. UNDER THE CIRCUMSTANCES, I MUST ASSUME THAT AFTER ThE TRUSTEES DENIED HIS APPLICATION TO BUild SEAWARD OF THE ESTABLISHED BUILDING LINE, HE DECIDED TO BUILD A MAXIMUM STRUCTURE FOR RESALE. SINCE it WILL NO LONGER BE A FAMILY COMPOUND, i AM OPPOSED TO This APPLICATION. i SUBMIT That THERE IS NO HARDSHIP IN THiS SITUATION SINCE THE APPLICANT RECEIVED THE LAND AS A GIFT AND HAS ALREADY SOLD SOME OF THE LAND FOR MILLIONS. THERE IS NO PraCTiCAL DIFFICULTY IN MEETING THE BULKHEAD SET baCK requiremeNtS SINCE ThE LOT IS OVEr 400 FEET LONG. THE ONLY REASON JUSTIFYING A MODIFICATION OF ThE Set BaCK rEQuireMENT IS EQUALITY. ThE EQUALITY FOOTING IS ACHIEVED WHEN THE STRUCTURE IS MOVED FORWArd TO THE COMMON BUILDING LINE BUT EQUALITY IS VIOLATED WHEN THE STRUCTURE TOWERS OVER THE ADJACENT BUILDINGS I dO NOT beliEVE THAT VARIANCES SHOULD BE GRaNTed TO ENABLE A THrEE-STORY BUILDING TO BE IMPOSED UPON ThE SURROUNDING OWNERS. THERE ARE NO THREE- STORY BUILDINGS IN THE NEIGHBORHOOD, MOST OF THE STRUCTURES BEING ONE~STORY. ANY CONSTRUCTION SHOULD BE IN CONFORMITY WITH THE EXISTING STRUCTURES AND SHOULD AMELIORATE THE IMPACT ON THE SURROUNDING NEIGHBORHOOD. ThE UTILITY POLE SERViCiNG MY bUNGALOW iS LOCATED WITHIN THE PROPOSED BUILDING ENVELOPE. l WOULD REQUEST THAT ANY SET BACK VARIANCE BE CONDITIONED ON THE APPLICANT rESTORING UTILITIES TO MY BUNGALOW AT THE COST AND EXPENSE OF THE APPLICANT PRIOR TO COMMENCEMENT OF CONSTRUCTION. I TRULY hOPE That FAMilY HARMONY Will PREVAIL AND THAT MY COUSIN WILL ACCOMMODATE ALL MEMBERS OF THE FAMilY AS WELL AS THE SURROUNDING NEIGHBORHOOD. 3 AS A CO~)WNER, I CONCUR I J~AN K. MCNUL"I-~Y 4 25 Septembar 2006 Chairwoman ~, Zoning Board of Appeals · ' Town of Southold PO Box 1179 Southold, NY 11971 RE: 60 Great Peconic May Boulevard Dear Madam Chairwoman: My name is Margaret R. Mc, Nulty; I am the youngest daughter of the deceased William E {md Maurean T_ McNulty. As such, I am the one-fifth inheritor of the plot to the west of the aforementioned land which has been in my father and mother's name for nearly 30 years. As you are aware, John Diller is proposing to construct a two-story home (now with a deck) in the vacant lot adjacent to ours. I ask that the Zoning Board of Appeals (ZBA) consider some fa(tom that may bring to light some salient aspects of this proposal_ To clarify, John Diller is' a relative, my father's first cousin, my second cousin, a man I have known my entire life. The fa(ts: 1. Along the bull<heed of Peconic Bay, west of Brushes Creek, starting at Laurel Lane and heeding east, there are four houses in a row. All of which (until last summer) have been in the McNulty and Diller families for over 100 years, used as farm land and for many a family occasion. 2. In early July of 2005, John Dillar sold his home in Laurel (two plots to the east of the plot to be built on), a property which he owned for several decades This plot was double the width oftha current plot in question. He sold his home and pool for somewhere around $1,800,000 and kept a small parcel of land and a modest cottage and subdivided his plot. He still has that smaller lot and coffage today and uses when he is visiting New York, as he now resides in Nashville, TN. 3. In August of 2005, John approached my then-ill mother and informed her of his intention to build a one-story home and discussed his need to maximize his space since it was such a narrow plot· He did not offer to share architectural plans or ask for her support, nor did she give it to him. 4. Hearings were held eadier this year starting in January, with no written notice to my mother. My mother passed away on Apd123, 2006. Certainly John know, as ha attended her funeral, On her death bed, on the evening of Apdl 21a of this year, with all of my four siblings and myself at her side, my mother was adamant and clear about her intention/wish that this vadance not be granted. (I write this letter to ensure that her voice is heard.) The only letter sent to my mother's home was one arriving eariier this month, only after it was brought to the Town's attention that John had not been compliant with the required notification by registered mail. This recent leffer was written to my mother, a woman he knows is deceased. 89/27/2885 11:26 DISTRICT HEIGH~YSB PAGE 03 5. The proposed house and new deck do not meet the required set backs_ The house is not equally situated on the land, skewed more toward our home. Erosion has been a major issue and any changes to the landscape may compromise the integrity of the beachscape. 6. His plans do not indicate that our home has an outdoor shower on the east side of our home. Since he would like his home so close to ours, no privacy for that shower (whioh is used at least daily) can be maintained. I am adamantly opposed to these waivers as it not environmentally or aesthetically sound. These am small homes on tiny parcels of land in a lovely community. Our home is old and does not have insulated wells; his walls will be just feet from ours. I kindly ask the follOwing: 1. Setback waivers of any kind not be granted. 2. The house not be built at an angle, but rather at the same straight line as all of the houses around it. 3. That John agree to sign that he will not remove nor destroy any beach grass (the new owners of his previous home have removed all beach grass and thus, contributed to beach erosion) nor devastate any wild life determined as precious and/or endangered. 4. I ask that the home be cantered on the plot, not skewed toward ours, allowing for equal setbacks by both adjacent neighbors. 5. The garage not be allowed. 6, The newly proposed deck not obstruct our current views nor be allowed variances from the required bulkhead setback. It is not my intent to deny John what is dghtly his; I would point out that he already had a wide home and sold it at a markedly higher yield. It is very much feared that he will build only to sell again, also to non-family members. Surely, we no longer live in the times of vast fan'nland, family gatherings and slow pace, the practica is now of over-development. Unfortunately, this proposed home seems to represent exactly that. I thank you for your time and ask that if you have any questions or clarifications, please do not hesitate to contact me at the above information or at 206.399.1278. Please accept this letter in substitution of my presence; I have a new baby and am thus limited in my ability to travel. Respectfully submitted, Elizabeth M. McNulty 311 East 90th Street #5A New York, NY 10128 (212) 369-8792 Ruth D. Oliva Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971-0959 27 September 2006 Ms. Oliva, I am writing to you about the Zoning Board's hearing regarding property at 60 Peconic Bay Boulevard. It is my understanding that John Diller is seeking a variance on construction ora home on this property, which is adjacent to property that had belonged to my mother, Maureen T. McNulty. She passed away on April 23 of this year, and the property now belongs to my four siblings (Christopher, Thomas, Mark, Margaret) and me. Mr. Diller is aware of my mother's death, having attended her funeral; yet, her heirs were never directly informed of this hearing. We instead heard of it from our uncles, John and Frank McNulty. The lack of notice notwithstanding, I have some concerns regarding what I know to be the plans for Mr. Diller's building and the variances he seeks. Mr. Diller seeks a variance regarding the setback of his building from the bulkhead, which would put his building directly next to our structure. The proposed structure is a two story building, which is not in keeping with the one story structures on either side of the building plot. Furthermore, we have an outdoor shower on the side of the house adjacent to Mr. Diller's property, the privacy of which would be severely compromised by the existence ora two-story structure topped by a roof deck. Finally, the proximity of Mr. Diller's home to our home coupled with the front setback variance would obstruct our view of Peconic Bay. Mr. Diller also seeks a variance for his side-yard setbacks. According to the stakes which are laid out, his proposed structure would be closer to our home than it is to the property on the other side. I object to that variance on the grounds that the house would be approximately 15 feet from our home. in summary, the manner of notification of the owners of the neighboring property was unsatisfactory. The variances Mr. Diller seeks are unnecessary, intrusive and not in keeping with the existing structures. I ask that you disallow them and have Mr. Diller reconsider his plans. I thank you for your time and attention. I can be contacted using the information above. Yours respectfully, Elizabeth M. McNulty CHRISTOPHER F./~CNULTY 29 Hawthorne Road · Milton, MA 02186 (617) 698-1580 · Cmcnult¥2OOO@¥ahoo.com Ruth D. Oliva Town of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 0959 28 September 2006 Re: John Diller Variance 60 Peconic Bay Boulevard, Laurel, NY 11948 Dear Ms. Oliva, I am writing in reference to John Diller's request for a variance to construct a new residence on property he owns at the above address. Along with my brothers and sisters, I am the owner of one of the adjacent properties, having inherited the property at 415 Laurel Lane directly west of Mr. Diller's property upon the unfortunate death of my mother, Maureen T. McNulty, on April 23, 2006. As a side note, I find it curious that Mr. Diller has continued delivering notices to my mother after her death - since he attended her funeral. Please forgive any incorrect assumptions I may have made regarding the plans and variances, as I have no direct knowledge of the site plans. Going forward, I request that all hearing notices be sent to me at the abovementioned address, as well as to my co-owners (addresses at the end of this letter.) It is my understanding that Mr. Ditler is seeking several variances for new construction on his property. With respect to a waterfront/bulkhead setback variance, I would object to such a variance. As you know, the waterfront zones are fragile, and this area has experienced significant beach erosion during the past few years--the beach is currently lower than at any time in my recollection since the 1970's. Allowing the variance, along with, as I understand, a bay-facing deck in front of the home, would extend this structure seaward relative to the natural fall line of the adjacent homes. Since the home he proposes would be a two story structure, it would also obstruct views from our home. I respectfully request that this variance be denied. Mr. Diller also petitions for a variance on side yard setbacks. Since his proposed structure would be a two story home, adjacent to an outdoor shower on our property, his construction would loom large over that side of our home. This shower does not extend beyond the exterior line of our home, but is inset into an entry deck on that side of the home. Based on stakes placed by a surveyor on Mr.; Filler's property, his home would site about 15 feet from our exterior wall. I therefore respectfully request that this variance be denied. Although I do not know if Mr. Diller is seeking a height variance for his construction, if he is, I would also respectfully request that this variance be denied, given the close proximity of the adjacent homes. Thank you in advance for time and consideration. Please feel free to contact me if you have any further cuestions or concerns. Very truly yours, Christopher F. McNulty Christopher F. McNulty 29 Hawthorne Road Milton, MA 02186 617 698 1580 Cmcnulty2000@ya hoo.com Thomas M. McNufty 13845 Valley Vista Boulevard Sherman Oaks, CA 91423 310-339-3333 tmcnult¥@earthlink.net Elizabeth M. McNulty 311 East 90TM Street #5A NewYork, NY 10128 (212) 369 8792 Mark W. McNulty 184 Thompson Street Apt. LB New York, NY 10012 212 228-1919 Markmcnulty44@hotmail.com Meg McNulty Bernson 1813 Gales Street NE Washington, DC 20002 206-399-1278 mef~ mcnulty@¥ahoo.com COUNTY OF SUFFOLK DEPART~~~ STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 16, 2006 THOMAS ISLES, AICP DIRECTOR OF PLANNING Ms. Ruth Oliva, Chair Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) William Goggins/Diller* House of Daige** 5884 5926 *The size and configuration of the subject property suggest there is no practical difficulty for the applicant in meeting the 75 fi. setback requirement to the bulkhead. **Granting a variance for this application would help to establish a precedent for similar lots in the locale to seek similar relief, which may result in an undesirable change in the character of the neighborhood. Very truly yours, Thomas Isles, AICP Director of Planning CSW:cc S/s Christopher S. Wrede Environmental Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4IH FLOOR · P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853~4044 ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STAE OF NEW YORK In the matter of the application of JOI-I~ C. D1LLER 1000-145-02-1.2 60 Peconic Bay Boulevard, Laurel, New York AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) JOHN C. DILLER, being duly sworn, deposes and says: 1. For thirty-me years (since October 22, 1967) I have owned and been responsible for the care ora building lot (the "Parcel") identified as Suffolk County Tax No. 1000-145- 02-1.2. 2. At the time I acquired the Parcel, it was protected from the effect of storms by a bulkhead located a substantial distance landward of the mean high water mark (as shown on survey by Alden W. Young, dated June 17, 1947). 3. In 1993 (pursuant to DEC Permit No. 1-4738-0066/00001-0, dated 7/2/93) I (along with the then-owner of the adjoining property to the east, but without the participation of the then-owner of the adjoining property to the west of the Parcel) reconstructed the existing bulkhead in kind and in place to assure its continued ability to protect the Parcel. 4. Shortly thereafter I installed a retaining wall, located an average of 21.55 feet landward of the bulkhead, so as to provide protection to a height of 12.7 feet above sea level for the northerly landward remainder of the Parcel. 5. All portions of the Parcel landward of the retaining wall are located in the preferred Flood Insurance Risk Zone X, which (on information and belief) is a 100 to 500 year (i.e., no recorded floods) flood risk area. 6. The retirement home I now wish to build on the Parcel will include considerable environmental safeguards (not found on the existing adjoining honses) which were mandated by the Trustees during their approval process, including the installation of two 4-foot diameter, 4-foot deep drywells for roof water runoff, a required 5-foot natural vegetation area landward of the bulkhead and a required 10-foot natural vegetation area landward of the retaining wall. 7. Contrary to the assertion that "Erosion has been a major issue and any change to the landscape may compromise the integrity of the beachseape" (letter to Board, undated, from Margaret R. McNulty), there have been no instances of erosion on the Parcel since the installation of the retaining wall 10+ years ago and the bulkhead 50+ years ago. Changes to the beachscape are caused season-to-season by the natural action of Peconic Bay and/or by failure to properly maintain the bulkhead (as is the case with the neighboring parcel). No changes can reasonably be expected to occur because of the construction of a modest (1488 square foot) house which would be 54 feet landward of the bulkhead and retaining wail, 13+feet above sea level and over 94 feet from the mean high water mark (Trustee's location). 8. As shown in the attached site plans, the original application (#1) to the Building Department placed the proposed house on a common building line with the covered porch and deck of the adjoining houses; this was modified by the Trustees (#2) to locate the house on a common building line with the enclosed portions of the adjoining houses. 9. As modified by the Trustees (#2) the proposed house would be 54 feet from the bulkhead and over 94 feet from the normal high water mark (August 2005 Young & Young Survey), and would have its clear field of vision (i.e., the ability to look east to west from the proposed house without seeing the adjoining houses) reduced over 20% from 172 degrees to 137 degrees. 10. If the Board were to require that the proposed house be moved 21 additional feet away from the Bay, it would then be located 75 feet from the bulkhead and 115 feet from the normal high water mark, and would have its clear field of vision reduced to 85 degrees, which is 50% less than would apply if the proposed house was even with its neighbors. 11. In the absence of any showing of danger to Peconic Bay or the environment caused by the proposed house, and with the safeguards already agreed to, it is respectfully requested that the Board approve the application as made. If, however, the Board should require that the proposed house be located further away from the Bay than as applied for, then it is requested that the Board not reduce the building height permitted by the Zoning Code in such cases, as such height may be necessary to offset (at least to some degree) the narrow field of vision caused by the Board's required location of the proposed house in relation to the adjoining houses. / VJotm ~ Diller Sw~frn to before me this22na day of Octobex, 2006 #1 Original Application ] #2 Modified By Trustees . I [ #3 75-Foot Setback I ~OGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS ANTHONY H. PALUMBO September 29, 2006 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, New York 11971 DONNA M. PALMER Paralegal Re: 60 Great Peconic Bay Boulevard, Laurel, New York; John Diller SCTM No. 1000-145.00-02.00-001.002 Dear Sir or Madam: In connection with the above referenced matter, enclosed please fred an Affidavit regarding electric service. After the hearing, I had an oppommity to explain to Mr. Diller the discussions during the hear/rig. He understands that the Board is inclined to deny the variance pursuant to section 100-239.4(b), and grant the variance pursuant to section 100-244. If this is the Board's intent, then he consents to same together with his obligation in accordance with the enclosed Affidavit. If you have any questions, please do not hesitate to contact the undersigned. WCG/dl enclosure V~/~mf~urs, William C. ~ns ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of JOHN C. DILLER 1000-145.00-02.00-001.002 60 Great Peconic Bay Boulevard, Laurel, New York AFFIDAVIT STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) JOHN DILLER being duly sworn deposes and says: 1. I am the above named applicant and I make this Affidavit in response to a request from the Board of Appeals. 2. There is electricity that is carried through overhead power lines starting from the easterly side of Laurel lane and traversing the property designated as SCTM No. 1000-145.00-02.00-001.001 currently titled in the name of Maureen McNulty, who is now deceased and is apparently owned by her children, From said property, the power line then traverses my vacant property and supplies electricity to the property owned by John McNulty, which is designated as SCTM No. 1000-145.00-02.00-001.003. 3. In order to supply electricity to my property, I will run the electric and other utilities from Peconic Bay Blvd. in a southerly direction along the easterly side of my property adjacent to the shared property line of my property and John McNulty's aforesaid property. 4. I acknowledge and represent that it is my responsibility and obligation to assure that my actions in providing new electric service to my vacant lot will not adversely impact or cause John McNulty's aforesaid property or the owners of the property formerly owned by Maureen McNulty to be without electricity. 5. In addition, I will pay for the installation of the new electric service that will not only supply electricity to my property, but also service to John McNulty's property. ~~ DILLER Sworn to before me this Notary Public' /t / IN LLI^M C. GOGGII~S Nota~ Pubic, State of New York No. 4963089, Soffc!k Cou~ tv Commission Expires M~ch 12. ~' ~ MAY 8 1 2006 P.O. Box 65 13105 Main Road Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski WILLIAM C. GOGGINS, ESQ. ANTHONY H. PALUMBO, ESQ. TRACY L. KARSCH, ESQ. Of Counsel DONNA M. PALMER Paralegal Re: 60 Great Peconic Bay Blvd, Laurel, New York; SCTM 1000-145.00-02.00-001.002; John Diller Dear Ms. Kowalski: In response to your recent correspondence, enclosed please find seven (7) copies of the current survey and seven (7) copies of site map. The shed is owned by the neighbor to the east. It is being moved from the subject property to the neighbors property to the east. No additional variance is requested since the shed is being moved to the adjacent property in conformity with the required set back. The Trustees meeting scheduled for June 21, 2006. Enclosed please find seven (7) copies of the Notice. Thank yorr WCG\ enclosures truly yours, Office Location: Town Annex/17trst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 November 20, 2006 By Re,qular Mail and Fax Transmission William C. Goggins, P.C. P.O. Box 65 13105 Main Road Mattituck, NY 11952 Re: ZBA Ref. 5884 - Variance Requests (Diller Property) Dear Mr. Goggins: Please find enclosed a copy of the variance determination with condition, rendered by the Board of Appeals at its November 9, 2006 Meeting. Please be sure to file the enclosed variance determination when submitting other final documents and revised site plan with the Building Department. Thank you. Very truly yours, Encl. Copy of Decision 11/17/06 to: Building Department Linda Kowalski NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by th.e SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, old, New York, concerning this property. ~SUBJECT OF PUBLIC HEARING: ~~, %~:~--~,¥ TIME & DATE OF PUBLIC HEARING: If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631) 765-1892 % QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate ~narket for sale? © Yes [] No Are there any proposals to change or alter land contours? U Yes [] No 1) Are there any areas that contain wetland grasses? No 2) Are the wetland areas shoum on the map submitted with this application? N[A 3) Is the property bulkheaded between the wetlands area and the upland building area? bulkhead between proposed house and Peconic Bay ' 4) ~f your property contains wetlands or pond areas, have you contacted the office of the To,~vn Trustees for its detemfination of jurisdiction? No Please confwm stares of your inquiry pr applicat on with the Trustees: _ Application being submitted Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete bamers, bulkheads or fences that exist and are not shouzn on the survey map that you are submitting? No (Please show area of these stm~ctures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any constm~ction taking place at this hme concerning your premises? No If yes, please submit a copy ofyonr building permJt and map as approved by the Building -- Departmer~t and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. No If yes, please label H. Please list present use or operations conducted at this parcel vacant land _[ and proposed use ~ residence Anthoh"2ed Signatur/a~ Date -- / 2/0s 617.21 ,~ppend~x C State Environmental Quality Rgview SHORT ENIZlRONMENT.4~ zt~$ESSMENT FORM For UNliSTED ~tCTION$ Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name John Diller 3, Project location: Municipality County Southold Suffolk 4. Precise location (Street address and road intemections, prominent landmarks, etc. or provide map) I 60 Great Peconic Bay Boulevard, Laurel, New york 5. Is proposed action: (X) NEW ( ) EXPANSION ( ) MODIFICATION / ALTERATION 6. Descdbe project bdefly: Construction of single family residence 7. Amount of land affected: Initlatiy: acres; 21,275 sq. ft. Ultimately: acres 21,275 sq. ft. 8. Witi proposed action comply with ex, sting or other existing land use resbictions:( ) YES (X) NO If No, descdbe bdefly: Require variances from Zoning Board of Appeals; and Trustee approval 9. What is present land use in vicinity of project: (describe): (X) Residential , ( ) Industrial ( ) Commercial ( ) Agricultural ( ) ParkJForestJOpen Space ( ) Other 10. Does actton involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? (X) YES ( ) NO If Yes, list agency(s) and permit/approvals: Building Permit 111 Does any aspect of the action have a currently valid permit or approval? ( ) YES (X) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? l( ) YES (X) NO If Yes, list agency(s) and permit/approvals: [:lPgp~:tauf t/re:Sp°ns°r Na e:,/~1 I~fy thaf e lnformationpmvidedaboveistruetothebestofmykn, owledge ~ / ~ Date:March 27, 2006~"''''''''~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPLICANT 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: Diller, John (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns mom than 5% of the shares. YES NO 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 that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~of Signature: Print Name: Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including To~vn of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town ofSouthold Waterfi'ont 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. 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 . Waterfi'ont 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). If'any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 145.00 - 02.00- 001.002 The Application has been submitted to (check appropriate response): TownBoard [~ PlanningBoard[--] Building Dept. [-~ BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (cy -P~ri:fiif, app~,~ertffi~ahdfi: Nature and extent of action: varJ_ance to approve constructJ_on of a sJ_ngle family resJ. dence. · LoGationofaction: 60 Great Peconic Bay Boulevard, Laurel, New York Site acreage: 21,275 sq. ft. Prcscntland use: vacant land Present zoning classification: R ~.0 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: John I)iller c/o William C. Goggins (b) Mailing address: P.O. Box 65, Mattituck, New York 11052 (c) Telephone number: Area Code ( )_ 631-298-4200 (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No[--] [fyes, which state or federal agency? poss±ble C. 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 Ill - Policies; Page 2 for evaluation criteria. Yes ['~ No [~ Not Applicable Attach additional sheets if necessary ~'bh~cy 2. ProteCt and p~erve historic ,tad archh~6 ol~gfcal regouYc~ 'o~ t~- oTown o~t~ld~ See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria R Yes ~-] No ~'] Not Applicable Attach 'additional sheets if necessary · l~oli~y'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 ~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [--] No [~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes ~'] No ~'~ Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlif_eHa_b. it~_ts ~?l wetlands: ~ee LW_~ ~R~ ~ection II~ - Polic_i~.Pages 22 th'rOugh 32 f~r'~'~l~-~i~on criteria. Yes ~ l~I~ ~] NOt Applicable Attach-a[lditional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 throngh 34 for evaluation criteria. Yes ~-] No [-~ Not Applicable Attach additiOnal sheets if necessary Policy 8. Minimize environmental degradation in Town of Sonthold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Xes ~ 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. [] Yes [~ No ~] 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 [~q'NbtxPPli~ubl~ ..... 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 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 [] Bio ~'~ 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 [] Blot Applicable Created on 5/25/05 11.'20 AM ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of JOHN DILLER, AFFIDAVIT SCTMNo. 1000-145.00-02.00-001.002 STATE OF NEW YORK ) )SS2 COUNTY OF SUFFOLK) JOHN DILLER, being duly sworn, deposes and says: 1. I am the owner of the above referenced property, and I hereby authorize William C. Goggins, Esq. to act on my behalf and to handle all necessary work involved for approvals before the Southold Board of Trustees and Zoning Board of Appeals to construct a single family residence. Swom to before me this day of Apr/l, 2006 N"~T~RY PUBLIC DONNA M, PALMER ~,l~t~y ~bllo, State of New York No. 01 pA~,9978, Suffotk ~n~ Oommi~ion EXpir~ ~ ' ~ AUG 3 0 ~006 August 29, 2006 GOGGINS & PALUMB(~ ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 2984214 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski WILLIAM C. GOGGINS ANTHONY H. PALUMBO DONNA M. PALMER Paralegal Re: 60 Great Peconic Bay Blvd, Laurel, New York; SCTM 1000-145.00-02.00-001.002; John Diller Dear Ms. Kowalski: In response to your correspondence, enclosed please find the submission of the Enclosed please find the following: 1. An original varia~, ce.application and six (6) copies thereof for the construction of a ~ 2. Seven (7) copies of the current survey; 3. Seven (7) copies of the Notice of Disapproval; 4. Seven (7) copies of plot plan; 5. A check in the amount of $600.00; 6. Seven (7) sets of photographs of site; 7. Affidavit of authorization; 8. Seven (7) prints setting forth the required height and elevation data; Please be advised that Mr. Diller's address is 250 Peconic Bay Blvd., P.O. Box 39, Laurel, New York. The shed belongs to ~neighbor to the east, which has been moved onto the neighbor's property.'r~e Trustees have approved the construction, however, we have not received the permit. Thank you. WCG\ enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 7, 2006 Zoning Appeal No. 5884 Transmitted herewith is Zoning Appeals No. 5884 of John Diller- the Application to the Southold Town Board of Appeals. Also enclosed is an Affidavit from John Diller authorizing William C. Goggins, Esq. to act on his behalf, a letter from William C. Goggins to the Z.B.A., the Applicant's Project Description, Questionnaire For Filing With Z.B.A. Application, Applicant Transactional Disclosure Form, a Short Environmental Assessment Form, LWRP Consistency Assessment Form, Applicant Transactional Disclosure Form, a Short Environmental Assessment Form, Notice of Disapproval, a Town of Southold Property Record Card, (5) color photographs, a First Floor, Second Floor, and South Elevation plan. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/07/06 * * * RECEIPT * * * Receipt#: 3435 Transaction(s): 1 1 Application Fees Reference Subtotal 5884 $600.00 Check#: 3435 Total Paid: $600.00 Name: Oilier, John 250 Peconic Bay Blvd Laurel, NY 11948 Clerk ID: MICHELLE Internal ID: 5884 April 5, 2006 WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 2984200 Fax: (631) 298-4214 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski Re: 60 Great Peconic Bay Blvd, Laurel, New York; SCTM 1000-145.00-02.00-001.002; John Diller Dear Ms. Kowalski: 'IYNIgI JO WILLIAM C. GOGG1NS DONNA M. PALMER RECElVFO APR 5 2006 tONING BOARD OF APPEALI ,/ In response to your correspondence, enclosed please find the submission of the Enclosed please find the following: 1. An original variance apphcafion and six (6) copies thereof for the 5. 6. 7. 8. conslruction of a porch; Seven (7) copies of the current survey; Seven (7) copies of the Notice of Disapproval; Seven (7) copies of plot plan; A check in the amount of $600.00; Seveb (7) sets of photographs of site; Affidavit of authorization; Seven (7) prints setting forth the required height and elevation data; Please be advised that Mr. Diller's address is 250 Peconic Bay Blvd., P.O. Box 39, Laurel, New York. The shed belongs to the neighbor to the east, which is being moved onto the neighbor's property. We are making the Trustee and DEC submissions this week. Thank you. V. ery truly yours, NOTICE OF DISAPPROVAL DATE: February 8, 2006 TO: William Goggins a/c Diller PO Box 65 Mattituck, NY 11952 Please take notice that your application dated February 3, 2006 For permit for construction of a new single family dwelling at Location of property: 60 Great Peconic Bay Blvd., Laurel, NY County Tax Map No. 1000 - Section 145 Block 2 Lot 1.2 ls returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 21,275 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIV, Section 100-244, which states that, on non- conforming lots, measurii-mO0etween 20,000 and 39,999_maa-r~-~-AJ~ total size, are required to have a ~m single sid~ 9&ed s~back of 15 feet andta~al side yard setb~a~""l~ 35 feet. The proposed c"'o?~.~tract':o~-~a~side yard setback of l'(7Y~em aud a to~e yard setback or 22 feet. In addition the proposed construction is not permitted pursuant to Article XXIII Section 100-239.4B which statesi "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkl.xead& The proposed new dwelling will be set ~'~k +/- 20 feet from the neares~ Authorized Signature Note to Applicant: Auy cbange or deviation to the above referenced application, may require fm'ther review by the Southold Town Building Department. CC: file, Z.B.A. PART I FORM CHECKLIST TO REVIEW AT DOOR (OR BY MAIL) Please submit seven (7) collated sets with the ORIGINAL SIGNED SET on top: NOTICE OF DISAPPROVAL from the Building Inspector dated within the last 60 days, together with copies of permit application and correspondence on file with 1. [ ] Site Map- check for lot coverage calculated by surveyor (if over 20%). 2. [ ] Check for name, date & scale. 3. [ ] Rough elevation diagram (no stamp required) elevation to top of ridge from ground. 4. [ ] Signature on Application form - if not the owner, requires [ } Owner consent in writing 5. [ } Owner name on Application, different than agent info, 'NS "DCT,O"S.OR WR,A.C App.,cAT,O.. SOUTHOLD TOWN ZONING BOARD OF APPEALS Phone: (631) 765-1809 Fax: (631) 765-9064 the Buitding Department. APPLICATION: Typed or neatly wdtten, signed by the property owner or representative and notarized. If you have a representative, please furnish a signed consent form stating he/she is authorized to sign and submit this application, NEW SURVEY, or available Survey of record with architect's site plan: Surveyor must show proposed and existing setbacks, patios/driveways, wetland buffers, high bank or bluff, square footage and dimensions of lot, dimensions of new construction, fences, tanks, overhangs, chimneys, cesspool locations, otc. (If your project involves total lot coverage exceeding 20% of the total area of the lot, surveyor must calculate square footage breakdown of all building areas.) - Please give distance between new proposed construction and nearest wetland, bulkhead, top of the bank or bluff, and overhangs exceeding 18". Lot coverage must be calculated by a licensed surveyor. BUILDING DIAGRAMS Can be a rough diagram or sketch with roof design, elevations, existing and proposed mean height, existing and proposed maximum height to top of the ridge. FLAG or STAKE outside comers of new construction areas for on-site inspections and provide seven (7) photos~ labeled to identify areas of new construction or changes in relation to closest buildings after it has been flagged or staked. (Please label with owner's name on all photos,) ENVIRONMENTAL ASSESSMENT FORM: Necessar7 ONLY if your project is other than a dimensional/setback or lot size var anco. ... · may be available from Assessors Office) TOWN, PROPERTY CARD (· ....· ....· .......********** LWRP FORM completed (eight copies) attaching extra map and explanation of landscaping and activities near Coastal Zone Management Area - pertains to new construction near bluffs and shorelines. CHECK payable to "SOUTHOLD TOWN CLERK." (Please see code fee schedule, attached.) OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.ny.us Jayne. Martin~,,Town.Southold.ny.us Lucille. Cappabianca~,,Town. Southold.ny.us http:llsoutholdtown.northfork.net (631) 765-1809 (ext. 5012, 5011) fax (631) 765-9064 REPLY FORM DATE: TO: ~?_z~" :~ -~ ~,-.L~C L.. Fax # ZBA File #~J'? - ~, ~:~z~: t' Date of Building Inspector Notice of Disapproval: ~_-:~/~,,,,~ ~ ~.~ ~. ~-:~ ~ ~ ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following by mail or by hand delivery. Thank you. ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~y~) MiSsinginformation3~'~P.~£c~ ~.~::)~ ~-~-~_~ ~ ~ ~c~-~c/~/ OTHER/INFORMATION REQUESTED (7 sets with cover/transmittarsheet when submitting): ( ) Filing fee is $ ; Amount due (please mail): Amount paid was: ( ) Available survey showing existing property/building details, with licensed surveyor information. ~ , Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) elevation from all sides; ( ) landscaping in area of construction. (~-)- ~-etter confirming ~t~=~.=lld..;~=~ review by other involved for presubmission ~ .cbmments, or copy of up-to-date agency act~~c-~. ' ~-~ ~ ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back~o creation~f riain~l lot lines for the property in the unmerger request. ,nk you.~*~}~~ Th 'LO- ~ U OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~..Town. Southold.n¥.us Jayne.Martin(~,Town.Southold.ny.us Lucille.Cappabianca~,Town.Southold.ny.us http:/Isoutholdtown.northfork.net (631) 765-1809 (ext. 5012, 5011 ) fax (631) 765-9064 ~ / REPLY FORM DATE: TO: - '1,) ~J,.~'~.,~z..~ ~ 4,, Fax# ZBA~ - ~ ~/,'/~-- ~n~ ~ ~Z Date of Building Inspector Notice of Disapproval: ~/~/~/~ ~The application is Incomplete for the reasons note~ blelow.~~e~)~s ~t~ following by mail or by hand deliver. Thank you. ) The map submiffed does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendmen~ dated directly to the Building DepaAment for review. If an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover leffer confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( ~ Missing information: ~ , OTHE~INFORMATION REQUESTED (7 se~ with coverltransmi~al sheet when submitting): (~) Filing fee Is $ ¢~ ; Amount due (please mail): Amount ~as:~ ~1:~. . ( } Available su~ey showing existing propeAylbuilding details, with licensed su~eyor information. ( ) Architectural map or updated su~ey showing dimensions of existing and proposed new construction areas, setbacks to prope~y lines, and building lot coverage calculations. (*) Roug, diagram or sketch with buildi,4,~i~~stOries and distance from ground ,o top of ridge (and mean height, if known); (~ elevation from all sides; ( ) landscaping in area of construction. ~ ~re~ ~ ~ ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section J00-23D~), and ~oRie~pf ~eeds dating back. to creation of original lot lines for the prope~y in the unmerger request. Thank gu. ' ~ILLIAM. C. GOGGINS, P.C. ATTORNEYS AND COUNSELORS AT LAW P.O. Box 65 13105 Main Road Matt/tuck, New York 11952 Phone: (631) 2984200 Fax: (631) 2984214 June 1, 2006 Southold Town Zoning Board of Appeals 53095 Main Road Southold, New York 11971 Attn: Linda Kowalski Re: 60 Great Peconic Bay Blvd, Laurel, New York; SCTM 1000-145.00-02.00-001.002; John Diller Dear Ms. Kowalski: Enclosed please find seven (7) copies of the current survey. Thank yom WCG\ enclosures WILLIAM C. GOGG1NS, ESQ. ANTHONY H. PALUMBO, ESQ. Of Counsel DONNA M. PALMER Paralegal NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: DILLER, J. #5884 MAP #: 145.-2-1.2 APPEAL: Bulkhead and Side Yd. Setbacks REQUEST: New Dwelling DATE: THURSDAY, SEPT. 28, 1:50 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 · , Xf COUNTY OF SUFFOLK (~) Red Property Tox Service Agency GOGGINS & PALUMBO ATTORNEYS AND COUNSELORS AT LAW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (631) 298-4214 WILLIAM C. GOGGINS AN2~ONY H. PALUMBO September 20, 2006 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, New York 11971 Re: DONNA M. PALMER Paralegal 60 Great Peconic Bay Boulevard, Laurel, New York; John Diller SCTM No. 1000-145.00-02.00-001.002 Dear Sir or Madam: In connection with the above referenced matter, enclosed please find an Affidavit of Sign Posting and an Affidavit of Mailings. If you have any questions, please do not hesitate to contact the undersigned. WCG/dl enclosures ~i~li~a~ C. C46g~ ORIGINAL ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of JOHN C. DILLER 1000-145.00-02.00-001.002 60 Great Peconic Bay Boulevard, Laurel, New York AFFIDAVIT OF SIGN POSTING STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) I, William C. Goggins doing business at 13105 Main Road, Mattituck, New York, being duly sworn deposes and says that: On the 12th day of September, 2006, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon the applicants' property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be September 28, 2006. ///~ /~ ~i~liam ~.. ~o~gg~ Sworn to before me this 20 day of September, 200 *near the entrance or driveway entrance of my property, as the area most visible to passerby. DONNA M. PALMER Notary Public, State of New York No. 01 PA5069978, Suffotk Coun~,,~/' _,ommission~' Expires December 9, ORIGINAL ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK In the matter of the application of JOHN C. DILLER, AFFIDAVIT OF MAILINGS SCTM NO. 1000-145.00-02.00-001.002 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK) DIANA LOCROTONDO, residing at Peconic, New York, being duly swom deposes and says: ONE: On September 5, 2006, I personally mailed at the United States Post Office located at Love Lane, Mattituck, New York, by certified mail, return receipt requested, a true copy of the attached Legal Notice, cover letter and enclosure in postage prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file at the Southold Town Office of the Board of Assessors for every property which abuts and is across a public and private street, or vehicular right of way of record surrounding the applicants property, are attached hereto and made a part hereof as Exhibit A. A copy of the list of property owners, is attached hereto and made a part hereof as Exhibit B. TWO: Copies of the certified mailing receipts and return cards are attached hereto and made a part hereof as Exhibit C. IANA LOCROTONDO Sworn to before me this 20th day of September, 2006 Notary Public ELAINE T. V1LLANO Notary Public, State of New York No. 01VI6029229, Suffolk County Commission Expires Aug. 9, ~FD'~ WILLIAM C. GOGGINS, P.C. ATTORNEY AND COUNSELOR AT 1AW 13105 Main Road P.O. Box 65 Mattituck, New York 11952 Phone: (631) 298-4200 Fax: (63'1) 298-4214 WII,IAAM C. GOGGINS DONNA M. PALMER Paralegal September 5, 2006 Maureen McNulty 30 Monett Place Greenlawn, New York 11740 1000-145.00-02.00-001.001 John McNulty P.O. Box 107 Laurel, New York 11948 1000-145.00-02.00-001.003 Frank McNulty P.O. Box 112 Laurel, New York 11948 1000-129.00-01.00-002.000 Frank McNulty P.O. Box'l 12 Laurel, New York 11948 1000-129.00-01.00-003.001 Re: 60 Great Peconic Bay Bonlevard, Laurel, New York; John Diller SCTM No. 1000-145.00-02.00-001.002 Dear Sir or Madam: Please be advised that the above applicant has applied for a variance before the Zoning Boa,-d of Appeals. Enclosed please find the Legal Notice and Survey. If you have any questions regarding the application, please do not hesitate to contact the undersigned. Thank you. WCG\dl enclosures Very truly y9~ 09/01/2006 15:59 6317650064 PAGE LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS TIIURSDAY, SEPTEMBER 28, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 1'1971-09,~9, on T. HURSDAY, SEPTEMBER.28~ 1:50 P.M. JOHN DILLER #5884. Request for Variances under Sections t00-239.48 and 100-244, based on the Building Inspector's February 8, 2{)06 Notice of Disapproval stating that the proposed new dwelling construction is not permitted when a single side yard is less than 15 feet, total side yards are less than 35 feet, and setback is less than 75 feet to the bulkhead, Location of Property: 60 Great Peconic Bay Boulevard, Laurel; CTM 145~2-1.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Eash hearing will not start earlier than designated above. Files ere available for review during regular business hours and prior to the day of the hearing If you have questions, please do not hesitate to contact our office st (63t) 765-1809, or by emalh Linda. Kowalski@Town.Southold.ny.us, Dated: September S, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linde Kowalski Maureen McNulty 30 Monett Place Greenlawn, New York 11740 1000-145.00-02.00-001.001 John McNulty P.O. Box 107 Laurel, New York 11948 1000-145.00-02.00-001.003 Frank McNulty P.O. Box 112 Laurel, New York 11948 1000-129.00-01.00-002.000 Frank McNulty P.O. Box 112 Laurel, New York 11948 1000-129.00-01.00-003.001 u~-~ ~ C ~ A L I ,s $2.~ $1.85 tO.O0 Po~tage ~0.~ 0~2 $2.~0 06 $1.85 ~e~ 09/~/~ Post~ge Certified Fee ~1~12006 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. / P~int y~r name and address on the reveme so tha~ we can return the card to you. · Attach this card to the back of the mallpie~e, m' on the front if space permits. ONo [] ~ Mall [] Insured Mall r'l C.O.D. · Complete Items 1, 2, and 3. AJso complete item 4 if Restricted Delivmy Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this crud to the back of the mailpiece, or on the front if space permits. [] Addressee D. Is da~e~y item 17 r'l Yes EYES, enter deilve~ ri No ~.~eftlfled Mall [] Express Mall [] Registered r-i Retum Receipt for Memhandtse [] Insured Mall [] C.O.D. 14. Reseeted O~h,e.y~ ~ra F~e) DYee 2. Article Numbe~ ~'~m~ 7004 1350 0000 1130 7602 P~ Fo~'~ 3511~ February 200~ ~ ~ ~ GOGGINS & PALUMBO A~TORNEYS AND COUNSELORS A T LAW P.O. Box 65 Mattituck, New York 11952 C 1129 5574 7004 1350 0000 0000 h,,lh,,llh,,hh,lth,,,,dlhh,,,,lllh,,,,Ihlh,,,,Ihl NOTES SUFFOLK S.C. TAX SURVEY OF PROPERTY SITUA TED A T LAUREL TOWN OF SOUTHOLD COUNTY, NEW YORK No. 1000-145-02-1.2 SCALE 1"=$0' NOVEMBER 2, 2005 JANUARY 15, 2005 ADDED PROPOSED HO J~-.E , (TO BULKHEAD) 0.488 00. 1. ELEVATIONS ARE REFERENCED TO N,O,V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~,.' EXISTING CONTOUR LINES ARE SHOWN THUS: 5 5, MINIMUM SEPTIC TANK CAPACITIES FOR A 1 TO 4 BEDROOM HOUSE IS 1,000 GALLONS, TEST HOLE DATA THE EXISTENCE OF RIGHTS OF WAY Josep Ingegno Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 25-381A AUG ~ 0 ~OTES SURVEY OF PROPERTY SJTUA TED A T LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-14,5-02-1.2 SCALE 1 "---30' NOVEMBER 2, 2005 JANUARY 13, 2005 ADDED PROPOSED HOUSE AUGUST 7, 2006 REVISED PROPOSED HOUSE AREA = 21,275,42 sq. ff. (TO BULKHEAD) 0.488 ac. 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:;¢ EXISTING CONTOUR LINES ARE SHOWN THUS: 5 2, MiNImUM SEPTIC TANK CAPACITIES FOR A I TO 4 BEDROOM HOUSE IS 1,000 GALLONS I TANK; 8' LONG, 4'-3" WIDE, 6"-7" DEEP 5. MINIMUM LEACHING SYSTEM FOE A 1 TO 4 BEDROOM HOUSE IS 500 ~q ff SIDEWALL AREA 2 POOLS; 6' DEEP, a' dia. TEST HOLE DATA 17¸ PREPARED IN ACCORDANCE WITH THE MINIMUM ST~NDAROS FOR TTLE SURVEYS AS ESTABLISHED BY THE LIA,L5 AND APPROVED AND ADOPTED PHONE (651)727-2090 Fax (631)727 1727 25 382C .I