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HomeMy WebLinkAbout6248 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED bP, ii 2 5 2009 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 19, 2009 ZBA # 6248 - LEWIS TOPPER, Applicant CTM 1000-123-6-13 Location of Property: 120 Terry Lane (aJk/a 3606 Camp Mineola Road, Mattituck), adjacent to Great Peconic Bay. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated December 5, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS: The Applicant's property is 49 feet wide, fronting along the south side of a private right-of-way (120 Terry Path, a/k/a Reeve Avenue) and 630.87 feet measured from the right-of-way line to the tie line along the average mean high water line at Great Peconic Bay. The property is improved with a single-family dwelling with additions noted in Certificate of Occupancy #Z-18344 dated August 31, 1989, and shown on the June 24, 1974 survey prepared by Robert A. Kart, L.S. for former owners, Patrick and Milly McMahon. The property is also improved with an accessory building with play room and sleeping quarters, and without kitchen facilities, as noted in Certificate of Occupancy # Z-2752 dated July 19, 1967 and Building Permit #3430-Z dated April 12, 1967. BASIS OF THE APPLICATION: This application is based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to construct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The code sections for which this Appeal is based are: Sections 280-12 and 280-124, based on the October 10, 2008 Building Inspector's Notice of Disapproval: (1) the proposed single-family dsvelling will be less than 15 feet on a single side yard; (2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; Page 2 - March 19, ZBA #6248 - LEWIS TOPPER, Applicant CTM 123-6-13 (3) the proposed dwelling will be less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is proposed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION A letter was submitted to the ZBA from the Town LWRP Coordinator stating that the new construction is inconsistent The existing 31' x 49' frame home on this lot is 15 feet north of the existing bulkhead, and the applicant wishes to build a new 18' x 60' two-story home set back 40 feet from bulkhead. This decision by applicants to place the home back from the bulkhead makes the project more conforming to the codes, as well as the objectives and policy standards of LWRP. The applicant is requesting a new dwelling and accessory boathouse/storage building in new locations, after demolishing the existing buildings on the property. A letter was submitted to the Board of Appeals stating that the requested dwelling construction is not consistent with Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, and reasons stated in the LWRP Coordinator's letter to the Zoning Board of Appeals dated February 9, 2009, stating that under Policy 4 of chapter 268, the structure is proposed to be located in the FEMA Flood Insurance Rate Map (FIRM) AE8 Flood Zone, a high risk flooding area defined as: areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. The letter suggests minimizing potential loss and damage by locating development and structures away from the flooding and erosion hazards, and to require the applicant to amend the proposed construction action to meet or further the LWRP Policies 4 and 5, and Section 280-116 for a greater (75 ft.) setback from the bulkhead. The original plan offered by applicant in this application shows a proposed setback of 40 feet from the bulkhead and (flooding and erosion hazard area), and has confirmed that alternative relief offered by the Board when voting would be accepted in the event the applicant is not granted as applied for at 40 feet. It is the opinion of the Board that a greater setback from the bulkhead would bring the new construction into greater conformity with the Zoning and LWRP Codes. The plan offered by applicant at 40 feet from the bulkhead does not reasonably eliminate the bulkhead setback nonconformity and creates a new nonconformity after demolition of the existing buildings. The location requested is 40 feet from the bulkhead adjacent to the shoreline, which does not minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human life and structures from flooding and erosion hazards. Grant of alternative relief increasing the setback will achieve a great reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetiand/water bodies protection approved by New York State and Southold Town. Page 3 - March 19, ZBA #6248 - LEWIS TOPPER, Applicant CTM 123-6-13 ADDITIONAL INFORMATION: Most of the homes in the applicant's immediate area Were located more than 60 years ago and in current nonconforming setback locations. This section consists of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the majority of which are nonconforming, although updated in the past. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing February 19, 2009, 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 Relief Requested: Proposed construction of a new single-family dwelling on a 32,044 square foot waterfront lot (land area between the street and the seaward Of the bulkhead), or 33,126 sq. ft. total parcel size after demolition of existing dwelling and accessory garage building. The primary dwelling is proposed with a single side yard at 10 feet and total side yards of 30 feet, and 40 feet to the bulkhead at its closest points. Additional Information: The applicant confirmed at the February 19, 2009 public hearing and in its letter dated February 20, 2009, that there is no sleeping quarters or residential use of the boathouse/garage building, and the accessory building and its use are proposed as boat and other storage and only to meet code (without a variance). Reasons for Board Action: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the requested variance with respect to the bulkhead setback wiil produce an undesirable change in the character of the immediate neighborhood. The applicant's property and many of the adjacent lots are greater than 500 feet in depth (measured between the street right-of-way and Peconic Bay), 49 feet along the northerly lot line, and 55.83 feet wide at the Bay. The existing character of the neighborhood is characterized as that of structures that have pre-existing non conforming setbacks which our code seeks to eliminate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are generally older and smaller than the new home construction proposed by applicant. Grant of a substantial increase, as applied for at 40 feet, will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future, rather than phasing it out over time. Such a result would be an initial step in transforming the neighborhood from a nonconforming cottage community to a nonconforming larger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that because most on the neighborhood structures have pre- existing nonconforming setbacks from the bulkhead, they should be allowed to continue and expand the nonconformity. The board finds that this is not a compelling reason to grant a variance that would exceed the code minimum by more than 65% for the setback from the bulkhead and 50% for the side yard. Page 4 - March 19, ZBA #6248 - LEWIS TOPPER, Applicant CTM 123-6-13 The deeper lots do provide a reasonable amount of space to move the dwelling to an increased distance from Peconic Bay/bulkhead. During the hearing, the attorney for the applicant as well as the applicant, agreed to the Board's granting alternative relief in the event the application is not approved as applied for.' The Board has no specific concern with a five-foot reduction to allow a single side yard at 10 feet and total side yards of 30 feet for the new dwelling. The Board, however, determines that alternative relief is necessary to bring the setback into more conformity to the code, by increasing the setback from the bulkhead for the new dwelling by an additional 25 feet from the applicant's request pf 40 feet. The alternative relief agreed to by the Board is for a setback at not less than 65 feet between the bulkhead and the new dwelling. During the hearing, the Board received significant testimony on the second (boathouse storage) building, and it was noted that the Building Inspector as a second dwelling in his Notice of Disapproval. At the hearing the attorney for the applicant, confirmed they are not proposing a second dwelling or a kitchen or sleeping quarters, and wish only to use the accessory building as a boathouse/storage/garage building. The applicant's agent also submitted two different design diagrams for the new accessory storage building which do not include areas for sleeping and/or cooking facilities or guest cottage/dwelling use. The Board determines that the first alternate diagram (GS 1, referred to as #1) would be the best of the three proposals, allowing for additional storage on the second floor. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant can be achieved by some other method for the applicant to pursue because strict adherence of the code would require a minimum 75 foot setback from the bulkhead. The total side yards would be reduced by five feet from the total 35 ft. code requirement, or 14.28% reduction. The Board finds that a distance of 65 feet minimum to the bulkhead will be more conforming to the codes based upon the area of older converted summer homes that have variable setbacks than the requested 40 feet. 3. Town Law .~267-b(3)(b)(3)(3). The amount of relief requested is substantial, resulting in a (47% reduction at 40 feet), instead of the code required 75 feet. 4. Town Law §267-b(3)(b)(3)(5). The difficulty has been self-created, except that the applicant wishes to demolish the buildings on the property and build new buildings to meet current building construction and fire safety codes. Also, the applicant purchased or has owned this house with full knowledge that it is in a nonconforming location on the property and has chosen to ask for relief from the code, rather than to locate the new house on a conforming location. 5. Town Law ~267-b(3)(b)(3)(4). No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. With respect to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-122A) (and Zoning Interpretation under ZBA #5039-Walz) in an effort to grant relief to Page 5 - March 19 ZBA #6248 - LEWIS TOPPER, Applicant CTM 123-6-13 pre-existing structures as long as they do not increase the degree of nonconformity. The board finds that the applicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the extent requested. With respect to the accessory boathouse-storage/garage building, the Board finds that applicant has modified the building plan and has not requested a variance to add sleeping quarters or similar living space, and that has confirmed that the building will meet current codes as to its use and construction (rather than as indicated by the Building Inspector's amended October 10, 2008 Notice of Disapproval). 6. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health, safety and welfare of the neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit to the applicant, and that the variances sought for the setback of the house to the bulkhead is denied, and Alternative Relief is granted, as noted below. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Simon, and duly carried, to DENY the requested setback of 40 feet from the bulkhead, and to GRANT a minimum setback of 65 feet from the bulkhead to the new dwelHng; and to GRANT the requested side yard variances for the new dwelling subject to the following conditions: 1) The new (primary) dwelling shah have a minimum single side yard at 10 feet and opposite side yard at 20 feet, for total side yards of 30 feet. 2) Construction of both the new dwelling and accessory building, and activities at thc site, shah follow both the recommendations of LWRP letter dated February 9, 2009 and shall meet the drainage code to mitigate storm water runoff concerns; and it was further moved, to GRANT Alternative Plan #1 dated 2/19/09 prepared by David Bers Architecture subject to the following conditions: 1) Use shah be accessory for storage and without heat, without sleeping quarters or dwelling-type habitable use, and containing only the utility of electricity for lighting and security; 3) Any plumbing shall be restricted to the outside walls of the building, for the purpose of an outdoor shower and domestic water for irrigation. 2) Roof height shall not exceed the height of 18 feet. Page 6 - March 19, ZBA #6248 - LEWIS TOPPER, Applicant CTM 123-6-13 That the above conditions be written into the Building Inspector's Certificate'of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree~ Vote of the Board: Ayes: Members Goebt~ger (Chairman, ~on, '0Feisman, and Schneider. This Resolution was duly~pted~5-0i. ~ ~/ J~.~ J Gerard P. G~n~e~, ~h~rm~j~- Z- z- -2009 Approved for Filing ~ 20O9 CHARLES 1~. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK Mailing Address: EO. Box 1547 Riverhead, NY 11901 February 20, 2009 Southold Town Zoning Board of Appeals P.O. Box 1179 South old, NY 1 !97i Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 TEL: (631) 369-82~)0 FAX: (631) 369-oAB0 E-mail: charles.cuddy@verizon.net Dear Board Members: In accordance with the request made at the hearing on February 19, 2009, I am enclosing a diagram prepared by David Bers, Architect, showing the square footage of the boat house/garage for the garage, storage loft and kayak storage. This coincides with the drawing labeled GS-1 handed up at the end of the heating. This will confirm that there is to be no sleeping quarters or residential use of the boat house/garage. Very truly yours, Charles R. Cuddy /J CRC:ms Enclosure MEMORANDUM TO: ZONING BOARD OF APPEALS FROM: Charles R. Cuddy, Esq. DATE: February 19, 2009 RE: LEWIS TOPPER-LWRP SCTM#1000-123-6-13 In response to the LWRP recommendation Memorandum from Mark Terry, the LWRP Coordinator, I ask the Board to note the following: §280-116 of the Town Code does not require 100 setbacks except on the Sound. The 75~ setback requirement for buildings or structures adjacent to tidal water bodies has an exception for buildings landward of existing buildings (§280-116 B(1)). Here, the applicant instead of remodeling an existing building has set it back more than two and half times the distance of the present setback. The new garage will virtually be at the tree line. This will be the only home in nearly 1000' east or west to be setback more than 20' from the bulkhead. When constructed it will comply with FEMA requirements. To require a set back of more than 40' cremes an unmarketable anomaly discouraging the renovation of existing structures and reasonable setbacks for new structures in areas which are entirely built out. The LWRP does not require a specific setback only a practical setback (Policy Standards-4.1 A (3)). As indicated by the survey, there will be a 10 foot vegetated buffer landward of the bulkhead. Under the foregoing circumstances, the Board is requested to determine that this application is consistent to the greatest reasonable degree of conformity with the Town of Southold LWRP and Zoning Code. TO: Topper 3605 Camp Mineola Road Mattituck, NY, 11952 FORM NO. 3 NOTICE OF DISAPPROVAL D ZONING BOARD OF APPGA[.$ DATE: September 2, 2008 AMENDED: October 10, 2008 Please take notice that 9'our application dated February 26, 2008 For renewal of a permit for demolition of an existing single family dwelling and an existing non- conforming accessory building and construction of a new single family dwelling and non- conforming accessor~ buildine at Location of property: 3605 Camp Mineola Road, Mattituck, NY CountyTax Map No. 1000-Section 123 Block 6 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction, on this 33,126 square foot parcel, in the Residential R-40 District, is not pursuant to Article III, Section 280-12, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" A. Permitted uses. "One-family detached dwellings, not to exceed one dwelling on each lot." ~,n, the proposed new single family dwelling is not permitted pursuant to Article XXIII Section ~hich states that non-conforming lots, measuring between 20,000 and 39,999 square feet in tot~ size, require a minimum single side yard setback of 15 feet and a total side yard setback of 35 feet. Following the proposed construction, the dwelling will have a single side yard setback of 10 feet and a total side yard setback of 30 feet. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280-116 B, which states; "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 bulkhead." The proposed construction is noted as being +/- 40 feet from the bulkhead. 1 GARAGE EAST ELEVATION 4 GA~*,~W~ST ELEVATION 2GARAGE NORTH ELEVATION SOUTH GARAGE FLOOR PLAN GARAGE SOUTH ELEVATE)N - OPEN FINAL MAP REVIE NED BY ZBA DATED ~ -- iGS-1 NOT FOR CONSTRUCTION 1 GARAGE EAST ELEVATION 4 GARAGE WEST ELEVATION ~CALE 1/4- = 2 GARAGE NORTH ELEVATION 5 GARAGE SOUTH ELEVATION - OPEN SOUTH GARAGE FLOOR PLAN FINAL MAP REVIEWED BY ZBA SEE DECISION #~ ~ £ DATED S I/~ I ~oo~ NOT FOR CONSTRUCTION i GS-2 FORM NO. 3 NOTICE O1~ DISAPPROVAL DATE: Ma~ R ECEI --- D ION NG BOARD OF APPEALS TO: Catherine Mesiano (Topper) 12 Mill Pond Lane East Mofichcs, NY 11940 Please take notice that your applicatkm 'dated February 26, 2008 For renewal of a permil for demolition of an exi.qdng single family dwellina and construction of a new single family dwellin~ and the relo~tion ~fan existing non.4on.forming acces.~ry cottage at Location of property: 3605 Camp Mincola Road, Mattituck. NY County Tax Map No. 1000 - S¢cxJ. on 123 Block 6_ Lot 1~3 Is r~tumed herewith and di~ppmved on the following grounds: Thc nrooost, d oroicct, on this 33.126 sau~re foot parcel, in the Residential R-40 District. is not pursumat to Article IU. Section 280-12. which st~s. "In A-C, Rr80, R. 12Q, R-_200 ~ R400...Distfiets. no building or oremises shall be used and no building or oart ofa buildino fludl b~erected or altered wlfieh is arranoed, intended or desiimed to be used. in whole or in oart. for any uses exce0t the follow/ng:" "A. Permitted u,~,'~ "One-family detached dwelllnes, not to exceed one dwclline on each lot," The relocated accessory cottage cormimtes a second dwelling unit. In addition, the nro~osed new ~inale family dwellinu is not v, fftmilled pursuant to Article XXIlI S~tion 200-124, which staWs that non-conformln~ lots. mea.qufino between 20.000 and 39.999 sauar~ feet in total size. reouire a minimum sin,de side yard setb~]l Of 15 feet ~nd a total side yard setback of 3~ t~et. Followine the proposed constr~fi0n, ~e dwelling will have a alnele side yard .~ctb~a. ck of 10 ~et and a total side yard setback of 30 In addition, the nronosed dmdlinu is pot permitted pursuant to Article XXII Section 280-116 B. which states; "All buildings located on lots upon whie, h a bulkhead, concrete wall. fiorao or s~milar structure exists and wl~ich are adjacent to tidal water ll;~;lies mher than sounds shall be set back no: les,q than seventy-five (75) :~bet from the bulldaead." The proposed construction is noted as being */- 40 feet from the bulkhead. This Notice of Disapproval reflects the gaost recent survey, ~tildated 7/30/~, John C. EMers. LS. RECEIVED RECEIVED NOV ! Stale existina use and occupanc> of premises and inteqded use and occppanc> of pr( Z~N~,~OF APPEALS Nature or,fork {chcck ~b, eh Pl c b cl Nekt gtfild ng ~'_~ kddilion Xheralkm d)escfiption) If garage, number of cars Height Number cf Stories Oeptt~_ _Height Height Number of Stories / Z~ ne oi t se d su'ict in wh ch premises are >mtaied ~ ~- ~ O Wdl lot he re-~aded' YES ~ NO ~_',~ fll cxceas tilt be remox ed t}om premises" YES _. NO ~ IFS'E%,S> Tfl~)LD"OWNTR(S"I'EIS&[)F C PERMiTSM&h BI~REQtTRED ' 1Fh!S PR( X D ~COPY RECEIVED NOV 1 0,~08 ;'ONING BOARD OF APPEALS t c~ner ) FO~4 NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-18344 Da~e AUGUST 31, 1989 THIS CERTIFIES that the building. ADDITIONS Location of Property 120 PRIVATE RD. #17 - MATTITUCK, N.Y. House No. Street Hamlet' County Tax Map No. 1000 Section 123 Block 6 Lot 13 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 12~ 1984 ...pursuant to which Building Permit No. 13531-Z dated NOVEMBER 9, 1984 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITION & 2nd STORY ADDITION TO EXISTING ONE FAMILY DWELLING The certificate is issued to MILLY McMAHON (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Rev. 1/81 H-011420-AUGUST 28~ 1989 b~i ~'ding Inspector pECONIC TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PER/~IT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) NB 13531 Z Permission is hereby granted to: .... ..,~././~..~......~..~..~..~.~ ......... .... .................... ,o ..~d~,c,~../~.¢~.:..:~,~....~c~. ....... ,~-~,~.~....~.....~.....~/....~.~.~ ..... ................................... at premises Iocoted at ...~/'~..~.. ....... ~.?....~--~,~.......'~.- -l~-. ..................................................... .... ~.~...,,,/...~.** ............ , 1~..., and approved by the pursuant to application doted Building Inspector. Fee $.. ~....~...~.....: ... Building Inspector Rev. 6/30/80 TOWN OF ~OUTt~OLD ~.. FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 BLDG. DEPT. TOWN OF SOUTHOLD APPLICATION FOR CERTIFICATE OF OCCUPANCY instructions A. This application must be filled in typewriter OR ink, and submitted ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the buildiog. 5. Submit Planning Board approval of completed site plan requirements where appllcab~e. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" lend uses: 1. Accurate survey of properW showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Data of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: 1. Certificate of occupancy $25.00 -- BUS[NESS $50.00 ACCESSOP,¥ $10.00 2. Certificate of occupancy on pre-existing dwelling $ 50.00 3. Copy of certificate of occupancy $ 5.00, oYer 5 years $i0.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date .......................... NewC°ns ~r uc~°~.4~-~ O d or Pre-existing Building ............ Vacant Land ..... /oo _ ' ....... Location of Property .~'.'~J~'~..~. ,~).,u(~-~. g...~../~J.)..~47. ~'~..'~'.. ~;~N..~'~/V'J/Z~&]...~ ~/. '~?c,~ Hou~ No. Street Ham/et wrier or wnerso Proper .......................... r County Tax Map No, 1000Section .,, /~. '-~ Block ~, Lot. /~ Subdivision ................................. Filed Map No ........... Lot No .............. Permit No./~,~.~.~ .'~.. Date of Permit U.~..~..~.~.App,icant .. ~'~/.~,~.y. ~.~-. mC../~../~. ~.~./~.-.,. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ....................... -.Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ..................... Fee Submitted $. ~.~.. ;- ..................... Construction on above described building and p ej:/nit meets all applicable codes and regulations, .............. . Rev. 10-10.78 co ~133q'f FIELD INSPECTS,ON FOUNDATION FOUNDATION (2nd) 2. COMMENTS ~ ROUGH FRAME & PLUMBING · INSULATION PER N. Y. STATE ENERGY C~DE FINAL ADDITIONAL COMMENTS: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF' OCCUPANCY No. I 27~2 Date . ,,1'1~1~' . .~.~).., 19 67 THIS CERTIFIES that the building located at ~ J[~D-J~/]8 (h]J~p ~O~ ~reet Map No. ~ Block No ~ Lot No. ~ ~t~ .~,~, ........ conforms substantially to the Application for Building Permit heretofore filed in this office dated ~. ~ , 196~.. ~ursuant to which Building Permit No. 3~0 ~' dated ~ ~2 ,196~ , was issued, and conforms to all of the require- ments of the app]icable prowsions of the law. The occupancy for which this certificate is issued is ~e~OSs~ b~ d~.-..p~y. ~a~. & .8~ep~. ~8 ~. -- ..* The certificate is issued to~ ,R,~veth ...... ~e~ ......................... (owner, lessee or ten~t) of the aforesmd building. Suffolk County Department of Health Approval N,R, ..................... ' Building I~pector ~ RECEIVED GERTtFIEIATE OF OOCUPANOY 'tiIE CERTIF~E? ha~ tic buiidi~ !o~ated at ~ ~/~ ~ ~0~ ~reet TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 3430 z Permission is hereby gr~nted to: ......... ..=.....a..~ ............................................. ....... :~,a..tl~l..~,~..~a~CL .~.t,~ ..~i ................... : ............ : ......... ~ ................... .-. ......................... o~ ,~,~ ,o~o~d 0~ .,.,,'~,~,.~..,,...~k,m,..~m,,..la ........................................................... .......................................... ~&t~t..~l,.z, ..................................................... ~... ........................ pursuan¢ to opplication doted ..................... : ......... ~ ....... ...~......., I9...~..,.., and approved by the Building Inspector. ~ Fee $.~ ,{~ ............. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Approved ........................................ , ]9 ........ Permit No ................................. D~sapprov~ed o/c ~ ........................... APPLICATION FOR BUILDING PERMIT March 2W 19....6.7.... INSTRUCTIONS a. This applicchon must be completely filled in by typewriter or in ink and submitted in duplicate to the Build[n Inspector. b Plot plan showing location of lot and of buddings on premises, relottonship to adjoining premises or public streets, areas, and g~ving a detailed description of layout of propertymust be drawn on the diagram which is part of this applicatio, 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 wilJ issue a Building Permit to the applicant SuG. permit shall be kept on the premises available for inspection throughout the progress of the work. e No building shell be occupied or used in whole or ~n pa rt For any purpose whatever until a Certificate of Occupan, shah have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the ~ssuance of o Building Permit pursuant to tJ Budding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances , Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describe, The apphcont agrees to comply w~th all applicable laws, ordinances, building code and regulations. E .R.Loweth (Signature of opphcont, or nome, if a corporation) Camp Mineola Rd Mattituck (Address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or buildc Nome of owner of premises ....M...~.~..t....~..:..~..~g.~'.~.~,h. .................................. , If applicant ~s a corporate, signature of duly authorized officer. (Nome end title of corporate officer) 1. Location of land on whsch proposed work will be done. Mop No ...... .C..9,~.,g...~.~.D.~.P~. ......... Lot No' . ................ Street and Number .....]~.~..~...~L....J~/~....Q~p...~.]:~.~k~p.],~,..~,.....J~la~.~i.~ ~ .................................... Municipality 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a Exlshng use and occupancy accessory, bldg b Intended use and occupancy. 3 .Nature of work (check which applicable): New Budding .................. Addmon ................ Alteration .....~... .... Repmr .~ .................. Removal .................... Demobtion .................... Other Work (Descnbe) .................................... 4 Estimated Cost ~..Q' ~ 0 .. Fee ..~.Q.O. ............................................................................. ........ ~ .............................................. (to be paid on filing this apphcation) 5. If dwelhn9, number of dwelling umts ........ .Tt...O.~..e. .......... Number of dwelling un.ts on each floor .......................... If garage, number of cars ........ ,. ................................................................................................................................ 6. if business, commercial or mixed occupancy, specify nature and extent of each type of use .............................. 7. D~mens~ons of existing structures, if any: Front ..~.~. ................... Rear ........~ ............. Depth ..,g.O. .................. Height ..........................Number of Storms ,..~(~...~.Q~. .................................................................................... Dimensions of same structure with alterahons or addlhons: Front .......... ~. ................. Rear .......].8..~..~..br. ...... Depth ....... ~1~ .................. Height .............................. Number of Stories ..{}lg,~; ............................... 8 Dimensions Of entire new construction: Front ...~ .................... Rear ..........~..~. ............. Depth ....... .~.;~...~..~.f Height ............................ Number of Stories ...P,~'Q.i~ .................. 9. S~ze of lot Front ............................Rear ............................ Depth ................................ 10, Date of Purchase .....~-.~.~3 ......................................... Name of Former Owner ...................................................... i I. Zone or use district in which pram.sas are s~tuated......![~,!I...~L~S.~ ...................................................................... 12. Does proposed construction woJate any zoning Jaw, ordinance or regulation? ........ liD. ...................................... 13. Nome of Owner of premises ....}~.:~.s.....~..t..~..?.~9.~.~,['l..Address ........... ~,,~.'b.~..~tlClC ........... [2hone No ................... Name of Architect ................................ i .................... Address ............................................ Phone No .................. Name of Contractor ..~.......9..e..~.l'...k_o...s..k..i.. ..................... Address ........... }.[,~,~.l~J,.~.~l~, ........... Phone No ................... PLOT DIAGRAM Locate clearly and d~stinctly all buildings, whether existing or proposed, and ~ndicate ail set-back dimensions fro, property bnes. Give street and block numbers or description according to deed, and show street names and ind~cat whether interior or corner lot. STATE OF NEW, YQI~,K, ) S S. COUNTY OF ....~.~.z...I~.o....,gf.. ............. .............................. .]:;f.z'...s..t....~..~.~.t,Tug.~.fl.~ct .............................. being duly sworn, deposes and says that~e is the applic, (Name of individual signing apphcation) above named..~ie ~s the ....... Q~.~e.~...~E...pz'~J.,~e.~, ..................................................................................................... (Contractor, agent, corporate officer, etc.) of sa~d owner or owners, and is duly authorized to perform or have performed the said work and to make and , this apphcation; that all statements contained m this application are true to the best of his knowledge and beb and that the work w,ll be performed in the manner set forth ~n the application fi[ed therewith. Sworn to before me this /--~_ ~ t ~'~ ~ ... day of ....~..~./~'~ ................ 19.~.,~. /~ ~ '/~ I~ P~, ,~ ~ ................ c-_ .... ............... y.Na~ary//Pub~c~-~)...~~.~.¥..~... Count}' / (S,gnoture 6f applicant) ' IECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APP] For Office Use Only ~ ~ Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: ~ ~ '~ OF APPEALS House No. 120 Street Terry Path Hamlet Mattituck SCTM 1000 Section 123 Block 6 Lot(s). 13 LotSize 33,126 sq.ft.Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Hay 19, 2008 BASED ON MAP DATED 07/30/08 Amended-October 10, 2008 Lewis Topper Applicant(s)/Owner(s): MailingAddress: 220 E 65 St. Apt. 19G. New York. NY 10065 Telephone: 22 - Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy for (X) Owner, or ( ) Other: Agent's Address: PO Box 1547, Riverhead, NY 11901 Telephone 369-8200 Fax#: 369-9080 Email:charles.cuddy@verizon.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPLICATION DATED 2/26/08 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 124 Subsection Article XXII XXIII 280-12 Type of Appeal. An Appeal is made for: Y~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal g has, [] has not been made at any time with respect to this property, UNDER Appeal No. 1400 Year 1971 . (Please be sure to research before completing this question or call our office for assistance) please see attached Certificate of Occupancy dated July 19, 1967 Section 280- 116B RE: Lewis Topper 120 Terry Path, Mattituck SCTM # 1000-123-6-13 Page 2 of 3. Appeal Application Part A: AREA VARIANCE REASONS (1 .) An undesirable change will not be produced in the CHARACTER of the detriment to nearby properties, if granted, because: RECEIVED o The use and utility of the property will not change o The occupancy of the properly will remain as presently exits under effective CO's o There will be no change in density in the neighborhood o Similar upgrades have been undertaken in the area. o The improvements, as exists and as proposed, conform to the neighborhood (2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The alternative to granting of variances requested is renovation of the existing dwelling in place and relocation of the septic system and accessory structure. To re-construct the single family dwelling >75' from the bulkhead would have a negative impact on the value of the property upon completion. The structure would be considerable landward of the neighboring houses and of the houses in the area in general. The waterview from the house would be diminished, having a negative impact on the property value. (3.) The amount of relief requested is not substantial because: o The subject site is non-conforming and the existing structures have Certificates of Occupancy. o The proposed project will result in the same use and occupancy as presently exits; degree of non-conformity will be decreased (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: o Drywells will be installed to contain stormwater run-off. o The non-conforming existing septic system will be removed and a conforming system will be installed (per SCHD approval - pending). o Appropriate erosion control will be implemented during construction (5.) Has the variance been self-created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, or (X) No. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the ,community. A Sworn to before me this ?z~.day of ~J~, 2008. (Notary Public) / ~ Public, State of New York No, 01 KO6088388 (3u~llfied In Suffolk County , ~ Expire8 Mamh 8, Please note that a use variance is not being requested. ................ of the Zoning Ol~llnance and the dec~siom of Ihe Building l~p~ctor ( ) be ~eversed ( ) be -~ECEIVED A~te~ inveatigatio~ m~ ~nspeetien the Boa~ finds that t~ ~AP OF PROPEIRTY ,'Z~R7-'HUR [~. /--OWETfl /VLA T-'7-/ '7-U C K b Applicant: Lewis Topper APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. For Demolition of Existing Building Areas Please describe areas being removed: Demolition frame cottage Date Prepared: October of a 2-story frame house and 1 1/2 -story II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 1,174 sq. ft .-house, 336 sq. ft .-boathouse Dimensions ofnewsecondfloor: 757 ~q fr.-hm,~,~; aql~q.fr_-h~rhm,~o Dimensions of floor above second level: N/^ Height (from finished ground to top of ridge): ?a '--hem qp.. ? ? t_hn~ ebon,se IS basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing 2-story house and 1 1/2-~tory frame cottage Number of Floors and Changes WITH Alterations: proposed 2-story house and 2-story accessory ~truetur~ (boathou.qe ~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,012 sq. ft.; proposed 1,804 sq. ft. Proposed increase of building coverage: 0 Square footage of your lot: 32,044 sq.ft. Percentage of coverage of your lot by building area: existing- 6.2%; proposed-5.7% with driveway-15.1%; proposed-14.6% V. Purpose of New Construction: Upgrade the existing improvements VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Generally flat topography; waterfront on Great Peconic Bay Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RE: Lewis Topper 120 Terry Path, MattitucJ< SCTM # 1000-123-6-13 RECEIVED QUESTIONNAIRE [o~ua BOARD OF APPEALS FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? { } Yes {X } NO Are there any proposals to change or alter land contours'? {X } Yes (Health Dept compliance) { } NO 1 ) Are there any areas which contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with_this application? Yes 3) ls the property bulkheaded between the wetlands area and the upland building area? Yes 4) lfyour property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination ofjurisdiction? Yes Application tabled pending ZBA determination Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? lfnone exist, please state "none." None Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and ~nap as approved by the Building Dcpartment. If none, please state. None Do you or any co-owner also own other land close to this parcel? No Please list present use or operations conducted at this parcel. Single family dwelling and accessory structure with habitable space and proposed use same Date: July 31, 2008 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete proposed actions that are subject to the Town of Southold Waterfront Consistency RECEIVED-[ 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 Permit and other ministerial permits not located u ithin the Coastal Erosion Hazard Area 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action ]nay 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 EWRP policy standards and conditions, lfan action cannot be certified as consistent with the EWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Toxvn of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Depmlment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 123 - 6 - 13 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. X Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, ]and transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: DEMOLISH EXISTING I AND 2 STORY 31' X 49' FRAME HOUSE LOCATED 15' NORTH OF EXISTING BULKHEAD AND CONSTRUCT A NEW 18' X 60' 2 STORY DWELLING 40' NORTH OF THE BULKHEAD; co~sT~tJCT THE 18' X 37' ACCESSORY STRUCTURE PRESENTLY LOCATED 126' NORTH OF THE BULKHEAD TO 154' NORTH OF THE BULKHEAD; ABANDON THE EXISTING SEPTIC SYSTEM LOCATED <100' FROM THE BULKHEAD AND INSTALL A NEW SEPTIC SYSTEM 125' FROM THE BULKHEAD AND 141' FROM AHW; INSTALL DRYWELLS FOR CONTAINMENT OF STORMWATER RUNOFF; CREATE 10' NON-TURF BUFFER Location of action: 3605 Camp Mineola Road~ Mattituck Site acreage: .76 acre Present land use: sin,qle family dwellin,cI and accessory structu Present zoning classification: R-40 RECEIVED ie ~ D b'd-(~ ZONING BOARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: LEWIS TOPPER (b) Mailing address: 220 East 65th Street Apt 19G, New York, NY 10065 (c) Telephone number: 718-229-1113 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency'? NYSDEC 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 The proposed action is to be conducted on an improved site. The proposed renovations and alterations are consistent with action taken on many parcels throughout the town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section lll- Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The proposed project is not located near any historic sites or districts Policy 3. Enhance visual quali~ and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable The subject site is already developed with a single family dwelling. Policy 3 has no relevance to the proposed action. R CEI¥ NATURAL COAST POLICIES Yes No Not Applicable The proposed actions will be undertaken in accordance with durrent FEMA and N¥SDEC standards which address and prohibit conditions tha~,~ flooding and erosion~ 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 The subject site is developed with a single family dwelling and non-conforming septic system. It is proposed that the existing septic system be removed and a conforming septic system be installed thereby reducing any effect to the wetlands by a non-conforming sewage treatment system. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Creation of a non-turf buffer, installation of drywells and upgrading the septic systems are actions that contribute to protection and/or restoration of wetlands Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 111 - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Poficy 7 is relevant to the proposed activity. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section 111 - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable The subject site is developed with a single family dwellincl. Any solid waste, etc. is disposed of at the Town landfill. 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Undertaking the proposed activity will have no impact on public access to, and recreational use of, coastal waters, etc. WORK1NG COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting water-dependent uses in suitable locations. See LWRP Section lll- Polic 47 through 56 for evaluation criteria. Yes No Not Applicable RECEIVED new ¸ ies; Pages 1~4~/' ZONING BOAI'~D OF APPE&LS_..J Policy 10 is not relevant to the proposed activity on a residentially developed lot. Policy 11. Promote sustainable use of living marine resources in Long lsland Sound, the Peconic Estuary and Town waters. See LWRP Section lll- Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Policy 11 is not relevant to the proposed activity on a residentially developed lot. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section 111 - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Policy 12 is not relevant to the proposed activity on a residentially developed lot. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Policy 13 is not relevant to the proposed activity on a residentially developed lot. PROJECT ID NU[V~ER SEQR 617. 21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name Lewis Topper 3605 Camp Mineola Road 3. Pr~ect ;ocaiiu.. Municipali~ Coun~ Town of Southold Suffolk 4. Precise location (Street add.ss and road intersections, prominent landmass, etc. or provide map) s/s Camp Mineola Road Ext. 100' c/Camp Mineola Road, MAttituck 5. Is proposed action; ( ) NEW ( ) EXPANSION (X) MODIFICATION / ALTERATION 6. Describe project briefly: Demolish the existing single family dwelling and construction of a new dwelling; demolish the existing accessory structure and construction of a new accessory structure located ]26' from the beach to 1~4' from the beach 7. Amount of land affected: Initially: .76 acres; Ultimately: .76 acres J I 8, Will proposed action comply with existing or other existing land use restrictions:(X ) YES ( ) NO If No, describe briefly: 9. What is present land use in vicinity of project: (describe): F(X) Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( ) Other 10. Does action 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: ~ Southold Town Trustees, Zoning Board of Appeals, Suffolk County Department of Health Se~ices 11. Does any aspect of the action have a currently valid permit or approval? (X) YES ( ) NO If Yes, list agency(s) and permit/approvals: NYS DEC-non-jurisdiction letter 12. As a result of proposed action, v~ll existing perm t/approval require modification? YES (3.) NO If Yes. list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my knowledge Applicant/SponsorName: Eh~-l~ R. E~HHy. A_~ertt for owner Date: ttQ[C~/C~f S,~lnsture: ~~ If the action is in the Coastal Area, and you *,re a state ag~y, complete the Coastal Assessment Form before proceeding with this assessment S:\Web.page.BuildingXnew.forms~2007ZBAApplication.doc TOWN RECORD CARD ~' ~ STRE~ VIL~GE DIST. SUB. ~, "~"~'~ ' ~ , ~ W ~PE Of BUILDING ~'. ,~*~rt: -* , ': S~S. VL FARM COMM. CB. MISC. Mkt. Value &'~' ~D IMP. TOTAL DATE REMARKS ' ' ' TI ,[~le :' 1 W~l~nd Swa~land FRONTAGE ON WATER ~ ~/~ 7 / ~,'7 ~ ~'~'~ B~u~!and FRONTAGE ON ROAD ¢¢ , HouCe Plot DEPTH ~ 3 ~ ~ BULKH~D !xt¢osion Extension Extension Porch Breezeway Garage Patio Total COLOR TRI,M ~.~:~, , Foundation ~ ~.? Z O/l~aCem_ent kt. Walls Type Roo¢ ~ Recreation Room Dormer Driveway Floors ~%~",' K. Bath Interior Finish Heat DR.' Rooms 1st Floor Rooms 2nd Flora Dinette APPL)CANT TRANSACTIONAL OtSCLOStJRE FORM RECEIVED ZONING_~.O..~AR._D, O.~F APPEALS, ',OUR N,C, ME LEWIS TOPPER Cha,"ge c~f z'}¢e D) 're ,¢~ ~a ap a New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY ~ Stony Brook, 50 Circle Road Stony E, rool~ NY 11790 - 3409 Phone: (631) 444 0355 * FAX: (631~ 444-0360 Webslte: www dec state ny us RECEI D - BOARD OF APPEALS Letter of Non-Jurisdiction - Tidal Wetlands Act June 18, 2008 Lewis Topper Apt 19G 220 E 65~ St New York, NY 10065 Re: Topper Property ~20 Terry Path Mattituck, NY I t952 SCTM# 1000-123-06-13 DEC# 1-4736-03819/00001 Dear Mr Topper: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that; The portion of your property which is located tandward of a functional and substantial man-made structure (a bulkhead) greater than 100' in length, constructed prior to 8/20¢77 as evidenced on NYSDEC Tidal Wetlands Mapo 708-538 and as shown on the survey prepared by Robert A Kart dated June 24, 1974 is beyond the jurisdiction of Article 25 (Tidal Wetlands) Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary as indicated above, without a permit It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or d sturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundaw and your project (ia. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm Piease be fudher advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies Sj,qcerely ~,'; '/ Laura a Scovazzo/'~ Permit Administrator MHP 09/12/2008 12:53 PASE 83/03 Lewis Topper 220 E 65 St., Apt. 19G New York NY 10065 I, Lewis Topper, owner of the property identified as SCTM# 1000-123-6-13 located in Mattituck, Town of Southold, New York, hereby authorize Charles R. Cuddy, Esq. to act as my agent and handle all necessary work involved in the variance application with the Zoning Board of Appeals. Sworn to before me this [2-- day of Y~ ~. . , 2008. Notary Public NOTAI~y PUBLIC STATE OF NEW YORK QUALIFIED IN QUEENS COUNTY K5473179 COMM EXP ~/,:;~,,~ ,ti( ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-10-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6248 TOPPER, LEWIS #1572 $600.001 ~ECEIVED 0V 1 ? 2008 South old Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __pmk Thank you. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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 November 13, 2008 Zoning Appeal No. 6248 Transmitted herewith is Zoning Appeals No. 6248 of Charles R. Cuddv for Lewis Topper- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is Copy of the Certificate of Occupancy Dated July 19, 1967 for Accessory Building-Play Room & Sleeping Quarters Only, Copy of Zoning Board of Appeals Dated February 4, 1971 for Investigation & Inspection of Accessory Building, Applicant's Project Description, Questionnaire, Certificate of Occupancy Dated August 31, 1989 for Additions, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Amended October 10, 2008, Notice of Disapproval from Building Department Dated May 19, 2008, Copy of Survey Updated July 30, 2008, Application for Building Permit with Disapproval May 19, 2008, Letter from NYS DEC Dated June 18, 2008 for Notification of No Permit Required, Authorization Letter from Lewis Topper to Charles R. Cuddy to Represent them in this Matter, 7 Photos of Property Showing Different Areas of Property, Copy of Survey Showing Where Photos were taken and Existing & Proposed Constructions Prepared by John C. Ehlcrs Land Surveyor, Copy of Property Record Card (Both Sides), Survey Showing Existing & Proposed Changes to Property & Septic System Detail Dated July 30, 2008 Prepared by John C. Ehlers Land Surveyor, 4 Pages of Copy of Design Development Set Dated July 6, 2008 Prepared by David Bers, Registered Architect. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 11/12/08 * * * RECEIPT * * * Receipt'8: 30513 Transaction(s): 1 1 Application Fees Reference Subtotal 6248 $600.00 Check#: 1572 Total Paid: $600.00 Name: Clerk ID: Topper, Lewis 42-40 Bell Blvd Suite 200 Bavside, NY 11361 CAROLH Internal ID: 6248 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Lewis Topper (Name of Applicants) CTM Parcel#1000- 123 6 13 X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) · I, Denise M. Cuddy residing at 5 Tuthill Point Road, East Moriches, , New York, being duly sworn, depose and say that: ,, On the 29th day o1: January , 2009, I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offibial records on file with the (x) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applica~'; p?perty. (Signature) ~ Sworn to before me this ~¢" day of,~j ,200 W (Notary Publi¢:¢ IWONA KODYM Notary?ublic, State of ~o. 01KO6088386 Qualified in Suffolk Commission Expires Mamh PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. I'-I (Endomement Required) ~2."/0 $2.20 Jr. $ $2.?0 $2.20 ~0.00 $ $5.49 r'~ · Return Receipt Fee ~:~ (Er~lomement Required) g s~r~lliam Lascelle Elizabeth Richards I I. ................... 2P...~.q.,~..~25. ............................................. .I 1'~'~''' ~'"'~-r~,-,,,.,, ~ ,,,~ i (Endorsement Required) ~c~, ~) ~ Total postage & Fees $5. ~i9 0 ~./2~/~"~ [~ Return Receipt Fee ~ Norman Wamback ............................ ~m USE $ $5.~. Re: Lewis Topper SCTM#1000-123-6-13 SCTM#1000-123-6-14 Eugene L. Daneri, Jr. PO Box 917 Mattituck, NY 11952 SCTM#1000-123-6-12.2 Ann J. Hommel 3245 Camp Mineola Road Mattituck, NY 11952 SCTM#1000-123-6-12.3 Alan Righi Nancy Righi 3285 Camp Mineola Road Matfimck, NY 11952 SCTM# 1000-123-6-12.4 Lewis Topper 220 E 65th Street, Apt. 19G New York, NY 10065 SCTM# 1000-123 -6-12.5 Mark Stufano Pauline Stufano 134 Wickham Rd. Garden City, NY 11530 SCTM#1000-123-6-22.6 Norman Wamback PO Box 688 Mattituck, NY 11952 SCTM#1000-123-6-22.7 William Lascelle Elizbeth L. Richards Terry Path PO Box 395 Mattituck, NY 11952 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK Mailing Address: £O. Box 1547 Rivcrhead, NY 11901 TEL: (631) 369-8200 FAX: (631) 369-9O80 E-mad: charles.cuddy~Overizon.net January 30, 2009 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Lewis Topper SCTM#1000-123-6-13 Dear Ms. Kowalski: Enclosed please find an Affidavit of Mailing together with the receipts postmarked by the Post Office as proof of mailing legal notice in reference to the above application to the adjoining property owners. Very truly yours Charles R. Cuddy [/ CRC:ik Enclosures · Attach this card to the back of the mallplece, Mark Stufano Pauline Stufano 134 Wickha~Road . Garden Ci:y, NY 11530 If YES, efite~ delivery addmse be~m~, r"l No [] Iseumd Mall n Exlxeea Malt ~' Return Receipt for Memhe~dlse C.O.D. 4. Resttflcted Dallvery? (Extra Fee) I'~ Yes 2..Ntide Number PS Form 3811, Feb~ary 2004 7008 1140 0000 9967 Domeetf~ Re~urn Receipt 6970 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. ' · Pdof your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. Eugene L. Daneri, Jr, PO Box 917 Mattituck, NY 11952 ~ Ce~tfl~d Mall ~ Expmse Mail [] Registered Retum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Dellve~ (Extra Fee) [] Yea 7008 1140 0000 9967 6994 _ PS Form 3811, February 2004 Dome~c Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~J Is desired. nt your name and address on the reverse that we can return the card to you. tttach this card to the back of the mailplane, ' '~I~ .~ld~ to: J. Hommel ~245 Camp Mineola Road Mattituck, NY 11952 B. Recalsed by (PHnted Name) ~ C. Date of Delivery ~ D. Is delive~ address different from Eem 17 ' [] Yes r If YES, ent~ delivery address below: [] No ~li~ Certified Mall [] F-xpress Mall [] Registered J~'~Retum Recalpt for Me¢chandlse [] Insured Mall [] C.O.D. 4. Restricted De~ivery9 (Extra Fee) [] Yes 2. Ntlde Number p~-~o,,,~ 7008 1140 0000 9967 8741 PS Form 381 1, February 2004 Domee~ Return Recent ~1s4o · Pdnt yourm;Eme and address on the reverse so that we can tatum the cerd to you. · Attach this card to the back of the mailplece, Norman Wamback PO Box 688 MaCClOck, NY 11952 D. Is delive~ address different from item 17 If YES, enter delNery address below:. i'q No 2. Article Numbe~ (transfer from sen/ce/abe/) Cerffi~d Mall r-i Express Mall [] Registered ~[ Return Receipt for Merchandise I-] Insured Mail [] C.O.D. 4. Restrfcted Deliver? (Exlra Fee) [] Yes 7008 1140 0000 9967 8987 PS Form 3811, February 2004 · Complete items 1,2, and 3. Alan complete item 4 if Restricted Deliveh? is desired. · Print your name and address on the mveme so that we can retum the card to you. · Attach this card to the back of the mailpiece. orpn the front if space permits. 1. Ahlcle Addressed to: Alan Righi Nancy Righi 3285 Camp Mineola Road Mattituck, NY 11952 PS Form 3811, February 2004 A. Signature D. IsdeiNefyaddressdlf~flomlteml? ~ ff YES, enter delivery ~dre~ below: ~ No [] Reglstm~d [~r Return Receipt for Merchandise 4. Rest~cted Delivery? (Extra Fee) [] yes 7008 1140 0000 9967 ~5750 ~ i Complete Items 1,2, and 3. Also complete Item 4 If Resthcted Deliveq/.1~ desired. · Print ~oar name and address bn the reveres so that we can retum the card to you. · Attach this card to the back of the mailpiece, ~ on the front if space permits. D~J~'I 1 J-am Lascelle Rllzabeth Richards Terry PAth P0 Sox 395 Hattituck, NY 11952 ~~be~ 7008 P~ Form 3811, r-ebmm~ 2O04 Oom~ Re~um Receipt by ( Pr~n~l Nanm) c. D. Is delive~ addm~s different ftom item l? r-lyes If YES, enter dellvmy address below: [] No 4. Restdc'-d De/ivefy? ~ Fee) [] yes i 1140 0000 9967 8734 ~ CHARLES R. CUDDY ATTORNEY AT L AW 445 GRI FFING AVENUE RIVERHEAI), NEW YORK Malh.g Address: P.O. Box 1547 Riverhead, NY 11901 TEL: (631) 369-8200 FAX: (631) 369-9080 E:mail: charles.cuddy@verizon.net February 10, 2009 Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Lewis Topper SCTM#1000-123-6-13 Dear Ms. Kowalski: We are enclosing an Affidavit of Sign Posting in connection with the Zoning Board of Appeals hearing scheduled for Thursday, February 19, 2009, at 10:45 a.m. Also, enclosed please find five (5) green signature cards returned to this office in the same connection. CRC:ik Enclosures Very truly yours, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of LEWIS TOPPER (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as '~000- 123 - 6 13 COUNTY OF SUFFOLK) STATE OF NEW YORK) -X I, Charles R. Cuddy residing at 1500 Maratooka Lane, Mattituck , New York, being duly sworn, depose and say that: On the 9th day of February , 2009, I personally placed the Town's official Poster, with the date ct headng and nature of my application noted thereon, securely upon my 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, whic./h~/~/ojg da~/,~l~.~ !0 be February 19, 2009. SwOrn to before me this lO~ day of ~&r~zr-,./, 200.9. (Notary IWONA KODYM Notary Public, State of Ne~ YoI~ No. 01 KO6088386 Qualified In Suffolk Count~' ~nml~lon Explre~ Mm'~lt ~, ~0il *near the entrance or driveway entrance of my properly, as the area most visible to passersby. ~l~ APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net Mailing Address: Southold Town Hall 53095 Main Road · EO. Box I 179 Southold. NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 RECEIYED ZONING BOARD OF.APPEALS q~ ~ I I~']o, gcl TOWN OF SOUTHOLD - ~CT.a~-~r~O07 .Il · outhold Town Clerk FI~INGS, DE~BE~TIONS ~ DE~RMINATION ~ETING OF SE~MBER 27, 2007 ZB File No. 6029 - KATHERINE DANERI Location of Propers: 200 Private Road #17, or Terry Path (extending easterly of Camp Mineola Road) in Mattituck; CTM Parcel No. 123-6-14. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further review under SEQRA. RELIEF REQUESTED: Request for Variances under Sections 280-114, 280-15B, D, F, and 280- 116 based on the Building Inspector's October 31, 2006 Notice of Disapproval amended June 19, 2007, concerning two proposed buildings after demolition of the existing building: (1) a single- family dwelling, after demolition of the existing building, proposed with a single side yard at less than 15 feet, less than 35 feet total side yards, less than 75 feet from the bulkhead; and (2) an accessory garage with proposed roof dormers exceeding the 40% width limitation, with a setback at less Lhan the code required 15 feet minimum from the side property line, and with a height exceeding the 22 ft. code limitation. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Seetiohs A 14- 14 to 23, and the SuffoLk County Department of Planning reply dated July 26, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicants are requesting a new dwelling and accessory garage construction in new locations, after demolishing the existing buildings on the property. The requested construction is not consistent with Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, and reasons stated in the LWRP Coordinator's letter to the Zomng Board of Appeals dated May 14, 2007. stating the plan offered by applicant in this application does not include alternative setbacks which would bring the new construction into greater conformity with the codes. The plan offered by applicant does not reasonably eliminate the bulkhead setback nonconformity and creates a new P~e 2 - September 27, 2007 ~ ZB File No. 6029. KATHERINE D2~ERI CTM Parcel No. 123-6-14 nonconformity after demolition of the existing buildings. The location requested is +/- 30 feet from the bulkhead adjacent to the shoreline, which does not minimize potential loss and damage from flooding and erosion hazards, or minimize losses of human life' and structures from flooding and erosion hazards. The policies and standards require the greatest reasonable degree of conformity with the Zoning regulations, 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. ADDITIONAL INFORMAT~0N: Most of the homes in the applicant's immediate area were located more than 60 years ago and in current nonconforming setback locations. This section consists of many long, relatively narrow waterfront lots with cottage type or older, stately summer homes, the majority of which are nonconforming, although updated in the past. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing August 2, 2007 (and extended the time to receive written submissions by August 31, 2007), at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants' property consists of 40,505.94 square feet, 623 feet in depth, and varies between 62 and 67 feet in width. The property currently is improved with a single-family dwelling, accessory building in disrepair, an accessory carport structure, and a shed. The applicants desire to build a new 3,537 square foot dwelling in a location that wi]] maintain panoramic views of the water, enjoyed in the home that the applicant proposes to demolish, and to construct a new garage, after demolishing the existing accessory buildings. The applicants' 'original map dated March 28, 2007, prepared by Joseph A~ Ingegno, shows proposed new construction for the dwelling closer than 30 feet to the bulkhead, measured from the extended southerly step areas, and 10 feet from the new foundation and 8 feet between the cantilevered section to the side property line, and 8.8 feet from the westerly side line. Also requested is a new garage, proposed on the original map dated March 28, 2007 at five feet from the easterly side line instead of the code-required minimum 20 feet from the side property line, a proposed height exceeding 22 feet in height, and proposed dormers exceeding the code limitation of 40%. AMENDED VARIANCE RELIEF REQUESTED: The applicants amended their application at the august 2, 2007 public hearing and confirmed in a letter dated August 16, 2007, withdraWing their requests for variances concerning the dormers and concerning the height variances. The applicant also offered for consideration an amendment on a garage site survey map to show more conformity, proposing a 10 ft. setback from the side line, instead of the code-required 15 ft. setback. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: P~e 3 - September 27, 2007 ZB File No. 6029 - KATHERINE CTM Parcel No. 123-6-14 1. Town Law §267-b(3)(b)(3)(1). Grant of the area variance will oroduce an undesirable chan~e in the character of the neighborhood or a detriment to nearby ~ropertiee. The existing character of the neighborhood is characterized as that of structures that have pre- existing non conforming setbacks which our code seeks to ehminate over time by requiring that any new construction be made to substantially conform to the code. These pre-existing structures are generally older and smaller than the new home construction proposed by applicant. Grant of a substantial increase, as applied for, will have the undesirable effect on the neighborhood of enlarging the nonconformity and preserving the nonconforming setback indefinitely into the future, rather than phasing it out over time. Such a result would be an initial step in transforming the neighborhood from a nonconforming cottage community to a nonconforming larger home community, which contradicts the intent of the Town Code to reduce nonconformities and protect shorelines. It is the applicants' contention that because most on the neighborhood structures have pre-existing nonconforming setbacks from the bulkhead, they should be allowed to continue and expand the nonconformity. The board finds that this is not a ~compelling reason to grant a variance that would exceed the code minimum by more than 65% for the setback from the bulkhead and 50% for the side yard. With respect to the garage setback the applicant has modified the reques~ to the board's satisfaction and accepts the reasoning that the lot is narrow which presents an unusual challenge to vehicular movement on the lot which is shared by others in the neighborhood. Granting a variance on the accessory garage setback would not change the character of the neighborhood, conditioned upon presence of a princiPal dwelling On this lot. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance,. The benefit sought by this applicant is to increase the degree of non cenformi~y of the preexisting dwelling setbacks in order ~o gain more living space in their house. This can be achieved by building within the confines in the code. The applicant did not demonstrate to the board's satisfaction that after removing all of the existing structures on the property that any particular conforming location on the lot would present an undue obstruction toward building a new dwelling. With respect to the request to set the garage l0 feet from the easterly side yard instead of the required 15 feet, the benefit sought by the applicant is to allow for ample room for a vehicle to enter and exit the garage. The lot is approximately 65 feet wide, with a normal garage width of 24 feet and a 10 foot setback, this leaves approximately 31 feet in order to enter and exit the garage. The board agrees with the applicants' reasomng that 31 feet is a minimum distance in order to accomplish this task. 3. Town Law ~267-b(3)(b~(3). The relief reouested is substantial. The requested dwelling setback from the bulkhead represents 65% variance from the code requirement of 75 feet. With respect to the proposed garage, the requested 10 ft. setback represents a 33% reduction of the code required 15 feet. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased or has owned this house with full knowIedge that it is in a nonconforming location on the property ~ge 4 - September 27~ ZB F~le i~Io. 6029 - ~THERII~ CTM Parcel No. 123-6-14 and has chosen to ask for substantial relief from the code, rather than to locate the new house on a conforming location. 5. Town Law ~267-b(3)(b)(4). No evidence has been submitted to suggest that ~ variance in this residential community will not have an adverse impact on the phwlesl or environmental conditions in the nei~hborhcod. With respect to the dwelling, the town considers the physical conditions of this neighborhood to be substantially nonconforming and enacted a law (Zoning Code Section 280-122A) (and Zoning Interpretation under ZBA #5039-Walz) in an effort to grant relief to pre-existing structures as long as they do not increase the degree of nonconformity. The board finds that the applicant's reason to grant the variance because the non conformities already exist is not evidence to vary the code to the extent requested. The Board also finds, upon balancing the above-enumerated factors, that detriment to the health, safety and welfare of the neighborhood and community in granting a variance as applied for, concerning the dwelling, outweighs the benefit ~o the applicant, and that the variances sought for the house are hereby denied without prejudice. With respect to the proposed garage, the board find~ that applicant has modified the setback request to the minimum required, and the request for a height and dormer variance have been eliminated at the request of the applicant. The board finds that no adverse nnpact is posed by allowing the garage ~o be constructed 10 feet from the property line. On motion by Chairman/Member Dinizio, seconded by Member Simon, it was RESOLVED, ~o deny the requested side yard setbacks and bulkhead setback for a new dwelling, without prejudice, and it was further RESOLVED, to grant the setback variance requested concerning the proposed accessory garage for a 10 ft. side yard from the easterly side lot line. Vote of the Beard: Ayes: Members Dinizio (Chairman), Goehringer; Simon, and Weisman. (Member Oliva was absent.)This Re/~ut~on w_~y adopted (4-0). ~Y~mes Dinizio~r.,/t~halrman /~/] /2007 /Approved for Filhig R£¢EIYED Southold Town Clerk CAMP MINEOLA ROAD r This Site Plan shows the current conditions at SCTM#: 1000 - 123 - 6 - 12.4. While the long axis of this property fronts on Camp Mineola Road, the dimensions and resultant constraints are similar to the subject parcel. The existing dwelling exhibits the following dimensional characteristics: FY Setback: 12'4" RY Setback: 1 ! .2' Bulkhead Setback: 21.5' Lot Coverage: 19,95% As this is a waterfront parcel, the frOnt and rear yards became fhe de facto side yards and would require side yard relief in addition to relief granted, for the bulkhead setback. TRANSMITTAL WITHOUT COVER LETTER DELIVERED ~/2 7/200 ~ TO ZBA OFFICE 240 Terrry Path Mattimck, NY 11952 123-6-15 January 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Lewis Topper Property, 123-6-13 3605 Camp Mineola Road, Mattituck, NY 11952 February 19, 2009 Ladies and Gentlemen: We are owners, as Tenants in Common, of the second parcel to the east of the above referenced property. We approve the granting of the variances requested by the applicant for sidelot setbacks and for a front line setback of 40 feet, and recommend consideration of the proposed variance for a secondary structure. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Encl: Yours very truly, ~t~y~m~,gfmith . Tarin Smith Davies · . Todd Wakelee Smith Riordon Buel Smith Neil Heath Smith 240 Terrry Path Mattituck, NY 11952 123-6-15 January 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Lewis Topper Property, 123-6-13 3605 Camp Mineola Road, Mattituck, NY 11952 February 19, 2009 Ladies and Gentlemen: We are owners, as Tenants in Conunon, of the second parcel to the east of the above referenced property. We approve the granting of the variances requested by the applicant for sidelot setbacks and for a front line setback of 40 feet, and recommend consideration of the proposed variance for a secondary structure. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Encl: Yours very truly, Jeffrey Thornton Smith ann Smith Davies · . Todd Wakelee Smith Riordon Buel Smith Neil Heath Smith 240 Terrry Path Mattituck, NY 11952 123-6-15 January 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Heating, Lewis Topper Property, 123-6-13 3605 Camp Mineola Road, Mattituck, NY 11952 February 19, 2009 Ladies and Gentlemen: We are owners, as Tenants in Common, of the second parcel to the east of the above referenced property. We approve the granting of the variances requested by the applicant for sidelot setbacks and for a front line setback of 40 feet, and recommend consideration of the proposed variance for a secondary structure. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our.ownership of our property. Yours very truly, Encl: Jeffi'ey Thornton Smith Tarin Smith Davies .. Todd Wakelee Smith Riordon Buel Smith Neil Heath Smith 240 Terrry Path Mattimck, NY 11952 123-6-15 January 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Hearing, Lewis Topper Property, 123-6-13 3605 Camp Mineola Road, Mattimck, NY 11952 February 19, 2009 Ladies and Gentlemen: We are owners, as Tenants in Common, of the second parcel to the east of the above referenced property. We approve the granting of the variances requested by the applicant for sidelot setbacks and for a front line setback of 40 feet, and recommend consideration of the proposed variance for a secondary structure. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Yours very truly, Encl: Jeffi'ey Thornton Smith Tarin Smith Davies · .Todd Wakelee Smith Riordon Buel Smith Ni~il Heath Smith 240 Tem'y Path Mattituck, NY 11952 123-6-15 January 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971-0959 Re: Public Heating, Lewis Topper Property, 123-6-13 3605 Camp Mineola Road, Mattituck, NY 11952 February 19, 2009 Ladies and Gentlemen: We are owners, as Tenants in Common, of the second parcel to the east of the above referenced property. We approve the granting of the variances requested by the applicant for sidelot setbacks and for a front line setback of 40 feet, and recommend consideration of the proposed variance for a secondary structure. We hereby appoint Thornton E. Smith as our agent with full authority to represent us in this matter. Attached is a copy of the deed indicating our ownership of our property. Yours very truly, Encl: Jeffrey Thornton Smith Tarin Smith Davies · . Todd Wakelee Smith Neil~eath Smith SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 6 Receipt Number : 06-0101394 TRANSFER TAX NUMBER: 06-09703 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 123.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees Page/Filing $18.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 RPT $30.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 06-09703 For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Cert. Copies NO SCTM NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale ' County Clerk, Suffolk County 10/17/2006 03:53:21 PM D00012474 517 Lot: 015.000 Exempt $5 00 NO $15 00 NO $75 00 NO $7 50 NO $0 00 NO $0 00 NO $165 50 Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page / Filing Fee Handling 5. 00 TP-584 ~" Notation EA-52 17 (County) ~ __ EA-5217 (State) '-~ ~"" R.PTS.A. Comm. of Ed. 5. 00 Affidavit · 0 Certified Copy NYS Surcharge 15. 00 Other 4 I Dist. Real Property Tax Service Agency Verification Satisfaction~ 6 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total I Section I Block ILot 06036114 xooo ~2300 os00 ox5000 RECORD & RETURN TO: tess RECORDED 2(O/. Oct 17 0g:53:21 PM Judith 0. Pascale CLERK OF SUFFOLK COUNTV L D00012474 P 517 BT# 06-09703 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Appointment Transfer Tax ~" Mansion Tax The property covered by this mortgage is or will be improved by a one or two fanfily dwelling only. YES or NO If N,O, see appropriate tax clause on ins me t. 5 Community Preservation Pund Consideration Amount $ Vacant Land __ TD TD TD I Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an information I 310 Center Drive, Riverhead, NY 11901 [ Co. Name L www.suffolkcountyny, gov/cle rk I ~i~ ..... Suffolk County Recording & Endorsement Page This page forms part of the attached ~ ~J ?~ made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of (._}(~ ~Ff-(~ ~]~O~'~.-,_,~,'PA <'' ' .'~t'r, ~',~l~ 6~Id~ the VILLAGE BOXES 6 T~U 8 MUST BE TYPED OR PRINTED ~ BLACK ~K ONLY PRIOR TO ~CORD~G OR FIL~G. (over) MPORTANT NOTIC If the document you've Just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a porUon of your monthly mortgage payment included your property taxes, *you will now ne¢O t9 contact your local Town Tax Receiver so that you may be billed dlrectlv for all future Droper~ tax statements. Local property taxes are payable twice a year: on or before January 10~ and on or before May Failure to make payments In a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Llndenhurst, N.Y. 11757 {631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingvflle, N.Y. 11738 {631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantlgo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Hun~ton, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 {631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) FORM 8002 (short version), FORM 8007 (long version) CAUTION: THIS AGREEMENT SHOULD BE PREPARED BY AN ATTORNEY AND REVIEWED BY ATTORNEYS FOR SELLER AND · PURCH~FORE SIG~ THIS INDENTURE, made the/~_f~ of~/~2006, BETWEEN Thornton E. Smith, Individually, and as specific devisee, under A~. SIXTH of the Last Will and Testament of Hazel S. Smith, residing at 37 Sandpiper Lane, Greenport, New York 11944, party of the first part, and Jeffrey Thornton Smith, of3011 North Oakland Street, Arl'mgton, VA 22207, Tarin Smith Davies of 13209 Manitoba N.E., Albuquerque, NM 87111, Todd Wakelee Smlth6fSO Crows Nest, Bronxville, New York 10718, Riordon BuelSmith, 60 B6w Street, Greenwich, RI 02818 and Netl Heath Smith, 7 Bay State Road, Weston, MA 02493 each as to a twenty (20%) percent share, ~IS TENANTS IN COMMON, party of the second part, · WITNESSETH, that the party of the first part, ia consideration of Tea Dollars and No Cents ($10.00), lawful money of the United States, and other good and valuable consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and~ being in the: See Schedule ,4 ,4nnexed TOGETHER with all fight, title and interest, if any, of the party ofth~ first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first par~ in and to said premises; SAID premises being and iatended to be the same premises conveyed to Hazel E. Smith by L. Maude Klapper, by Deed dated April 15, 1965 and recorded in the Office of the Suffolk County Clerk on April 19, 1965, Liber 5731, Page 297. TO HA VE AND TO HO£D the premises hereia granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. `4ND the party of the firstpart, covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid· AND thc party of the first part, ia compliance with Section 13 of the Lien Law, covenants that the party of the fu'st part will receive the consideration for this cgnveyance and will h01d the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will NYSBA,sResidenfialRealEstateForms(9/90). . O2005Mat~newBend~&Co.,amemberoftheLexisNexisGroup. apply the same first to the payment of.the cost oft. he improv~ment before using any pan of the total of the same for any other pu~ose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first pa~ has duly executed this deed the day and year first above written. . THORNTON E. SMITH NYSBA's Reaidential Real Estate Forms (9/00) -2- 200:5 Matthew Bender & Co., a member of the LexisNexis Group Acknowledgment by a Person Within New York State (RPL § 309-a) ) STATE OF NEW~OP~. 0 b , ) ss.: COUNTY OF /~~ ) personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he executed the same in his capacity(les), and that by his signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.. (signature and office of individual taking aeknc~wledgment) CARIN M. FRANCICA Notary Public, State Of New York No. 01FE49§1479 Qualified In Suffolk County~/-7 Commission Expires July 13, 20 /.~ / NYSBA's Residential Real Estate Forms (9/00) O 2005 Matthew Bender & Co., a m~mber of thc LexisNexis Group. =3. Bargain and Sale Deed With Covenant Thornton E. Smith Section 123 Block 006 To Lot · 015 Jeffrey Thornton Smith, Tarin Smith County or Town Suffolk Davies, Todd Wakelee Smith, Riordon Street Address 75 Tcrry Path Buel Smith and Nell Heath Smith, as Mattituek, New York 11952 TENANTS IN COMMON Reserve This Space Return By Mail To: E. Parker Neave, Esq. Putney, Twombly, Hall & Hirson, LLP 521 Fifth Avenue, 10th Floor New York~ New York 10175 For Use Of Recording Office NYSBA's Residential Real E~tate Forms (9/00) 2005 Matthew Bender & Co., a mcmbcr of thc LcxisNcxis Group, SCHEDULEA ALL that certain plot, piece or parcel of land with the buildings erected thereon, situate, lying and bei aS MatSltuck, in the Tow~ cf Southold, County of Suffol~ ~Sate of New YorX, bounded and and described as follows: ~O~O a~ a poin~ on ~he southerly side of a righ~ of w~ con- veyed by ~eti~ia Reeve and others ~o ~one D. Howell by deed recorded In Suffolk 0ounty Clerk's office in ~er 102~ cp 170, said point of Deginni~ bei~ at the 4orthwesierly corner of land about to be described and adJcini~ ~he easterly line of land of George H. Ter~; RUinG ~NCE south ~ degrees 09 minmtes east alo~ the southerly s lde of right of w~ .75 feet $o land of Hazel Smith (fo~erly Sea, n); ~NCE south,3 degrees 2~ minu~es ~O seconds eas~ along land of Hazel Smith (formerly Sedan) 617 fees $o ~he mean h~hwater line off Peconlc ~NCE south 89 degrees ~9 min~$es ~0 seconds west alo~ the mean ~ighwa~er line of Peconlc Bay 75.5~ feet ~o land of ~s. George ~NOE north 2 degrees ~0 minutes 10 seconds wes~ alo~ land of George Terry 617.75 fee~ to ~he som~herlM.side of right of way at point or place of beginni~. Together with the right to pass and repmss and establis~ telephone and cli ht lines over a certain open righ~ of w~ 25 feet wide, electri ~ ............ -~-~--, -~ of New $~folk Avenue nearly laser owne~ by Lae~itia Reeve, ~. Wic~ Reeve, Ruth E. ~oth, Carrie H. Tuthill and Lizzie R. Hallock $o the land conveyed ~o Leone D. Howell $~ meet mnot~eP right of w~ established along the. ~ortherly line of lan~ conveyed to said Leone D, Howell and others. The right of' way $o the south of New SuffolX Avenue to the second established right of way bel~ for~that distance the same as thai establis~ed ~Y mad between the late Geroge B. Reeve and wife, and Florence B. Reeve and Phone Hollister by l~trument dated November 2B, 1906 and recorded in the office of the Clerk of Suffolk County on the 5~h day of September, 1907 in Llber 629 a~ p~e 168. A~O together with a ~2gh$ of w~ ~o pass and ~epass over said 50 foo~ s~rip of land conveyed by the said ~etl$ia Reeve and others to ~one D. Howell as hereinabove mentioned from She westerly line of the rig~ of way runni~ from New Suffolk Avenue ~sterly to land of Norris. THORNTON E. SMITH, F. AS~E 37 Sandpiper Lane Greenport, NY 11944 631-477-4933 Phone/Fax January 10, 2009 SUBMISSION TO THE SOUTHOLD TOWN ZONING BOARD OF APPEALS WITH REGARD TO THE LEWIS TOPPER PROPERTY 3605 CAMP MINEOLA ROAD, MATTITUCK 123-6-13 Ladies and Gentlemen: My name is Thornton Smith. I am a neighbor of Mr. Topper, one house to the east. In 2006 I transferred my property to my five children, and I appear here as their agent. We recommend the granting of variances requested by the applicant for sidelot setbacks and for a frontline setback of 40 feet. In view of the very commendable design of the primary structure with regard to sidelot setbacks, we suggest that the applicant should be entitled to relief with regard to his request concerning the secondary structure. 1 am a Registered Professional Engineer (Inactive Status) in the State of New York and am also registered in three other jurisdictions. I am a Fellow of the American Society of Civil Engineers and on the Retired List of the Corps of Engineers. In the past in other jurisdictions I have served both as a Building Inspector and as a Member of a Zoning Board of Appeals. In 2007 I twice appeared before you in the Daneri cage. The Daneri parcel is between Topper and our parcel. That matter remains before the Supreme Court, which has yet to act upon it. The issues of this case are very similar to those of Daneri. The Sidelot Setbacks of the House The Topper parcel is 56 feet wide, while the Daneri one is 67. Daneri made no attempt to design a structure that met the sidelot requirements of the code. The Topper architect, on the other hand, has made a valiant effort to design a structure that meets the owner's functional requirements, makes effective use of the long site, and strives to accommodate the sidelot requirements of the code. He has designed a 10 foot setback on the east, versus the 15 foot requirement, has met the 20 setbacl~ requirement on the west, and has designed a structure which is only 24 feet wide o- and 70 feet long. In my opinion he has done all that can be expected of him to meet the sidelot requirements, and should be granted 5 feet of relief. In the ten parcels of the Camp Mineola East community, besides the Daneri property, there is only one other which is obviously a candidate for renovation -- Whitrock, 123-6-20, far at the east end. It is only 40 feet wide. While the consensus along the beach is that Whitrock would very much like renovate, the conclusion has been that the sidelot requirements would make renovation impossible. The building would be only 5 feet wide. Obviously, Whitrock should also be a candidate for relief. The 75 Foot Setback With regard to the 75 foot set back, in my presentation in the Daneri matter, I stated: "I recommend that you approve a 30 foot setback ..... For the ten lots which comprise Camp Mineola East, any greater setback would be incongruous in the community, would greatly diminish its integrity, and would, in our opinion, substantially deter the Daneris from undertaking the project. Such action would create a hardship -- and would thus create excellent grounds for an Article 78 proceeding, in which the entire community would support the Daneris." Any other conclusion on these two cases will not le~id to a community in which all ten houses are set back at 75 feet. Much more probably, none of them will be touched in the next 100 years. The Secondary Building The proposal to demolish the existing secondary building and to construct a new one undoubtedly derives from the following facts: in meeting the owner's functional requirements -- and in order to address the sidelot problem by designing a long primary structure -- the architect obviously found that the old secondary structure was in the way of an appropriate backyard for the new primary structure. All ten sites in the community have existing similar secondary structures. The Board should consider allowing the new secondary structure. It would not increase the non-conforming use of the existing structure, has a smaller footprint, has greater sidelot setbacks than the new primary structure, enhances the proposed backyard of the primary structure, and supports the excellent solution for the main building. Thomton E. Smith STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 copy, has been regularly published in said Newspaper once each week for I week(s), successively, commencing on the 5th day of February, 2009. Principal Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY. FEBRUARY 19,2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, Fur suant to Section 267 of the Town Law and Town Code C"napter 280 (Zoning),Town of Southold. the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall 53095 Main Road.. RO. Box 1179. Southold. New York 1~97~'0cd_59. on qFHURSDAY. 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new sdigle-famdy dwelling and a new accessory building proposed with a nmieonforming use (after demolition of the existing dwelling and existing nonconforming accessory builddig). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwell lng will be less than 15 feet on a single side yard; (2) the proposed single famiiy dwell dig will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 'feet from the bulkhead adjacent to Grea[ Peconic Bay; (4) a new accessory building is pro- posed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dweBings, not to exceed one dwelling on each lot. 280-~l*~and 280-124 based on the CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified Ir~ Suffolk County 9:40 A.M. PHYLLIS KAUFER # 6240. Request for a' Variance under Section 280-15c. ba~ed on the Building Inspector's October 6. 2008 Notice of Disapproval concerning a proposed iwo- story accessory garage which will exceed the code limitation of 750 square feet. Location of Propony: 3175 Nassau P6int Road. Cutchogue: CTM 1000-104-13-12, 1:30 PM. LLOYD KAPLAN # 6221 icarryover, pending, alternative plan or other information from applicant). Swimming pool at less than 40 feet from front line adjacent to street, (2) lot cov- erage exceeding 20% cede limitation on this 14.679 square feet of land area adjacent to the Long Island Sound. at 105 Soundview Avenue. Southold: CTM ~I~FICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. 13ox 1179 54375 State Route 25 Southold, NY 11971 (cot. Main Rd. & Youngs Ave.) Telephone: 631 765-1938 ~ Southold, NY 11971 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM/' MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of. Appj,eals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 9, 2009 Re: ZBA file Ref. No. 6248 (Topper) SCTM 1000-123-6-13 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The structure is proposed to be located in the FEMA Flood Insurance Rate Map (FIRM) AE8 Flood Zone; a high risk flooding area defined as - Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30-year mortgage. In most instances, base flood elevations derived from detailed analyses are shown at selected intervals within these zones. Figure 1. Topper parcel. Policy 6.3 6. Protect and restore the quality and function of the Town of Southold ecosystem. Protect and restore tidal and freshwater wetlands. The distance from the bulkhead to the proposed action is approximately +/- 40 feet; a minimum setback distance of 100 feet from the wetland boundary (bulkhead) is required pursuant to Chapter § 280-116. Building setback requirements adjacent to water bodies and wetlands which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap er similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back net less than 75 feet from the bulkhead. To further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands it is recommended that the following best management practice (BMP) is required: 1. Require a minimum 10' non-turf, vegetated buffer landward of the bulkhead. It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney EUGENE L. DANERI. ESQ. P.O. BOX 917 MATTITUCK, NEW YORK 11952 (516) 808-3975 Zoning Board of Appeal s Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 February 11, 2009 1 3 2009 Re: Lewis E. Topper and Margaret Saverpool SCTM# 1000-123 -6-13 Dear Members of the Board, I am the owner of the property immediately to the east of the above referenced property and am corresponding with you at this time to express my support of Lewis' and Margaret's application. Lewis and Margaret have been a welcgme addition to our private waterfront community. Throughout the period of their residency they have shown their respect for the environment, as well as the neighborhood as a whole. Their respect for the environment is demonstrated in this application by their decision to construct the seaside dwelling considerably further from the Great Peconic Bay than presently exists. This is particularly evident given the fact that they could have simply chosen to renovate the existing dwellings thus obviating the need for this application. I believe that the proposed application will, if approved, be a benefit to the neighborhood by transforming two uninhabitable dwellings into two habitable dwellings and provide additional aesthetic benefit to the community as a whole. These benefits will have the overall effect of enhancing the neighborhood property values at a time when property values are declining. I am aware that this application seeks a variance from the town's 15 foot minimum side yard setback, on the easterly side, and have no objection to same. The narrow configuration of the waterfront lots in this community necessitates deviation from the applicable set back requirements for reasonable construction. Thank you for your consideration herein. Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Office Location: Town Annex/First Floor, Ninth Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), 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~ FEBRUARY 19, 2009: 10:45 A.M. LEWIS TOPPER #6248. Location of Property: 3606 Camp Mineola Road, Mattituck; adjacent to Great Peconic Bay; CTM 1000-123-6-13. Request for Variances under Sections 280-12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to construct a new single-family dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the building permit application are that: (1) the proposed single-family dwelling will be less than 15 feet on a single side yard; (2) the proposed single-family dwelling will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling will be less than 75 feet from the bulkhead adjacent to Great Peconic Bay; (4) a new accessory building is proposed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, not to exceed one dwelling on each lot. 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 Page 2 - Legal Notice February 19, 2009 Public Hearings Southold Town Zoning Board of Appeals questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: January 27, 2009 ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 EUGENE L. DANERI. ESQ. P.o. BOX 917 MATTITUCK, NEW YORK 11952 (516) 808-3975 February 11, 2009 Zoning Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re~ Lewis E. Topper and Margaret Saverpool SCTM#1000-123-6-13 Dear Members of the Board, I am the owner of the property immediately to the east of the above referenced property and am corresponding with you at this time to express my support of Lewis' and Margaret's application. Lewis and Margaret have been a welcome addition to our private waterfront community. Throughout the period of their residency they have shown their respect for the environment, as well as the neighborhood as a whole. Their respect for the enviromnent is demonstrated in this application by their decision to construct the seaside dwelling considerably further from the Great Peconic Bay than presently exists. This is particularly evident given the fact that they could have simply chosen to renovate the existing dwellings thus obviating the need for this application. I believe that the proposed application will, if approved, be a benefit to the neighborhood by transforming two uninhabitable dwellings into two habitable dwellings and provide additional aesthetic benefit to the community as a whole. These benefits will have the overall effect of enhancing the neighborhood property values at a time when property values are declining. I am aware that this application seeks a variance from the town's 15 foot minimum side yard setback, on the easterly side, and have no objection to same. The narrow configuration of the waterfront lots in this community necessitates deviation from the applicable set back requirements for reasonable construction. Thank you for your consideration herein. CC~ Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 MEMORANDUM TO: ZONING BOARD OF APPEALS FROM: Charles R. Cuddy, Esq. DATE: February 19, 2009 RE: LEWIS TOPPER-LWRP SCTM#1000-123-6-13 In response to the LWRP recommendation Memorandum from Mark Terry, the LWRP Coordinator, I ask the Board to note the following: §280-116 of the Town Code does not require 100 setbacks except on the Sound. The 75' setback requirement for buildings or structures adjacent to tidal water bodies has an exception for buildings landward of existing buildings (§280-116 B(1)). Here, the applicant instead of remodeling an existing building has set it back more than two and half times the distance of the present setback. The new garage will virtually be at the tree line. This will be the only home in nearly 1000' east or west to be setback more than 20' from the bulkhead. When constructed it will comply with FEMA requirements. To require a set back of more than 40' creates an unmarketable anomaly discouraging the renovation of existing structures and reasonable setbacks for new structures in areas which are entirely built out. The LWRP does not require a specific setback only a practical setback (Policy Standards-4.1 A (3)). As indicated by the survey, there will be a 10 foot vegetated buffer landward of the bulkhead. Under the foregoing circumstances, the Board is requested to determine that this application is consistent to the greatest reasonable degree of conformity with the Town of Southold LWRP and Zoning Code. office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 /Vlaili_~!~g Addres~As: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: _ REFERENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordh~g) NOTES/COMMENTS: Please kid attached COl)y/copies of the foIlowim, z: Thank you. Sender's hfifials: ~,~ BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 ~/. (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net January ,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before February 1st Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new conStruction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_II owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the TOwn AsseSsors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 9th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before February 16, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: TOPPER, LEWIS MAP #: 123-6-13 #6248 VARIANCE: USE & SETBACKS (AFTER DEMO) REQUEST: NEW BOATHOUSE & NEW DWELLING DATE: THURS, FEB.19, 2009, 10:45 AM 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 2008 ZONING BOARD OF APPEAL~ THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission 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. Applicants Municipal File Numbers Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could undermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (6311 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788 0099 TELECOPIER (631) 853-4044 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 $outhold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 13, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planmng P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6248 Applicant's Request: Within 500 feet of: Owner/Applicant: TOPPER, L. Setback ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehdnger ZBA Chairman By Ycr .~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765o1809 Fax (631) 765-9064 November 13, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6248 (TOPPER, L.) Dear Mark: We have received an application for construction of a new single family dwelling & non- conforming accessory building (after demo), as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Very truly yours, Gerard P. Goehringer Chairman Encls. By: o Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT L AW 445 GRIFFING AVENUE RIV ERHEAD, NEW YORK October 23, 2008 TEL: (631) 369-8200 FAX: (631) 369-9080 E-tnail: charles.cuddyC~verizon.net Southold Town Zoning Board of Appeals P.O. Box 1179 South old, NY 11971 Re: Lewis Topper-120 Terry Path, Mattituck SCTM#1000-123-6-13 Dear Board Members: In connection with the variance application for reconstruction of the principal structure and accesso~ structure at the above referenced property, enclosed please find the following: 1. Seven (7) sets of application to the Zoning Board of Appeals: a. Application b. Notice of Disapproval from the Building Department c. Short Enviromnental Assessment Form d. Applicant's Project Description e. Questionnaire with the attached existing Certificates of Occupancy f. LWRP g. Disclosure Affidavit h. Authorization Letter i. Assessor's property card j. Sur,,ey k. Plans and elevations 1. Photos with survey designating each picture location m. Check in the sum of $600.00 Please review the attached material and advise as to sufficiency for sub~nission and when this matter will be placed on the Board's agenda. CRC:ik Enclosures Very truly yours, Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin£ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2009 By Regular Mall and Fax Transmission 369-9080 Charles R. Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 Re: ZBA File No. 6248 -Lewis Topper Application Dear Mr. Cuddy: Please find enclosed a copy of the Zoning Board of Appeals determination rendered at a Meeting held March 19, 2009, the original transmitted today for filing with the Town Clerk. Once the plan has been amended to conform to the Zoning Board of Appeals' action, other reviews and determinations will be necessary by the Building Department and other agencies which may have jurisdiction. Thank you. Very truly yours, Encl. Page 3 of t7 10/7/2008 Page 2 of 17 t 0/7/2008 Page 4 of 17 10/7/2008 Page 10 of 17 ! 0/7/2008 Page t5 of 17 10/7/2008 Page 12 of l 7 10/7/2008 Page 17 of 17 No vires found in this incoming message. Checked by AVG. Version: 7.5.524 / Virus Database: 270.7.5/1708 - Release Date: 10/4/2008 11:35 AM 10/7/2008 PHOTO I~ OF PROPERT"r' 51TUATE.' HATTITU~K tOi~I.' SUFFOLK C,,C~N~, N'i' O / S~oc~ JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver~pros\05~05-350 PICTURE LOCATION. 5UR'v'F"r' OF .~,ITUAq'E~I"IAI-r'ITUOK. SUFFOLK. COON'FY, NY · IHONUHENT ELEVATIONS P. EFEP. ENCE SUFFOLK C, OUNlh' TOPO HAF~ DATA: SEPTIC S'fSTEi'd [DETAIL SEPTIC DESIGN JOSEPH FISOHETTI, PE IqP5 HOBART P-.OAID SOUTHOLD, N.Y. Ilqql ©~l-q©D-2qD4 DIC-545-©q64 JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.¥.$. LIC NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-~.\\Compaqservcr~pms~5~05-350 S1TEPL~N UPDATE 063008.pm 4!? ,OR ELEVA?, N EXTERIOR ELEVATION EXTERIOR ELEVATION t B OUTDOOR SHOWER CLOSET ] m KITCHEN LIVING ROOM ~ ROOM BATHROOM m BEDROOM I FIRST FLOOR PLAN SCALE: 1/8" = 1' 0" ~ LOWER DECK 1 A-2 OPEN~ ~OW ~~ ~IJSTAIRHALL [!1~IMASTEREEDROOM ~ OFFICE / _.q< MASTER BATHROOM ZONING BO,(~RD OF APPE4LS 3 EAST ,.E,,LE~,,ATION SC,~LE: 1/4 = 1 O" PTD. T&G SIDING PTD. SHINGLE SIDING COHC FOUNDATION WALLS WEST ELEVATION NORTH ELEVATION SCALE: 1/4" = 1 ' 0" 2 sou~.~ ~/ATION SINGLE FAMILY RESIDENCE 7-6-O8 STORAGE LOfT I 290 SF , GARAGE 412 SF KAYAK STORAGE 108 SF 1 GARAGE SECTION DIAGRAM SCALE: 1/4" = 1 '-0" ~ FES 2 3 200~} NOT FOR CONSTRUCTION Topper Garage Study ~ GS-3 J 5,URVE"r' OF PRc :'F:R"I"( 51'FUATE.. l,'lA'1-rI'llJDK TOktN~ 50UTHOLD 5,Ut=t=OLK GOUNTY, NY SURVEYED IO-II-2OO1 UPDATE 2--06-200~, 2-11-200~, 2-15--2OO~, O6-~:~-2OO~, O'1-DO-2OOD .GU~F:OLK CZDL)NTY TAX # l.~ E. TOPPER WI~ROARBT SA'vl~L BANK OF ~CA, N.A. I~RST AMERICAN Tl'r~B ]NSUI~CE CObtPAI~ OF lq~ YORK P RA I N A C,'T,'T,'T,'T,'T~E C.,ALC, ULATIONB, ROOf= (PI'JELLINg) DI'~-LJ..IN~ ROOF AREA IIq5 5.F=. IIq5 X O.17 X I.O = 2OD C,.F:. 20'~ / 42.24 = 4.~1 VL.F. 2 5'.-.0" PlA. X ~'--0' 12L=P'rH ~MNA~E POOL5 6 V.L.t=. F~S~IIDEID ROOF (6,ARA~E) ~ARAC-E ROOF AREA &~:2 5.F. ~DO X 0.17 X I.O = 101 C..F. IO1 / 42.24 = 2..54 V.L.F. I~EGOtR.ED I 5'.--0" PlA. X DuO" ~ IDRAI~ POOL5 ~, VI.F. PI~,OVIIDED AREA = DD,12b DJ::. ~ 0.7~ A~e AREA EXGLU~IN~ AREA ~ OF: THE IDULK. HEAID D2,044 5.F. DATA: I0000' N S SEPTIC, [:)ESI®N JOSEPH FISCHETTI, PIE iq'25 HOBART ROAIP SOUTHOLIP, N.Y. IIqTI RECEIVED JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-1~l~.\\Compaqserveflpms\05~05-350 SIT/e, PLAN UPDATE 063008.pro el ~$TAIRWE~ SECOND FLOOR PLAN GROUND FLOOR PLAN CONCRETE PATIO ~TAiRwE~L 1 SITE PLAN NOT FOR CONSTRUCTION ITopper ,~ngle Family Residence '-" ~ SP02i ~l~ DA~A SU~',/E¥Ot~.*$ C-Et~TI~JGATI©N AEP. IAL OVEP. LA~f' ©oun~ T~x b~ap