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HomeMy WebLinkAbout6083___~INIFI C~HFI I FY North Side Oregon Rd., Cutch. ~3170._~ 3/2/84 CA-approval of access, and approval of insuff. area of one parcel in this proposed two- lot division. ~A~-~i.eF~. Sa'~a~~1~2~' Office________~ation: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 VIA CERTIFIED April 19, 2010 Frank Notaro Architechnologies, Inc. P.O. Box 93 Mattituck, NY 11952 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 RE: Pending ZBA File#6083, Chengkai Yu Dear Mr. Notaro: Your application has been dormant since December 2007. The Zoning Board of Appeals is writing to inform you of their intent to close this application, unless within thirty (30) days of your receipt of this letter, you respond in writing of your intention to move forward. If you have any questions, please contact this office. Thank you for your prompt attention to this matter. Sincerely, Vicki Toth Board Assistant US postmark ,o,m .VOl. DO.~. ............................... .~ ................. · Complete Items 1, 2, end 3. Also complete Item 4 If Restfl~ted Delivery Is desimcl. · Pflm your nanm and address on the reverse so that we can tatum the card to you. or on the front If spa~e permits. ~.~ 7009 0820 0001 7819 6426 PS Fo~ ~11, F~ 2~ ~flc R~um ~ipt 1~1~ Postmark Here Restdcted Total Postage Office Location: Town Annex/First Hoor, Capital One Baak 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 $OUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 COVER SHEET WITH ZBA FILE STATUS OF FILE [ ] Refand issued: CANNOT activate or reactivate file (Applicant has withdrawn application). ~.] NO :REFUND DUE, based on time spent for Town to process application and hearings. [~C] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION ESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps.to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 27, 2007 AMENDED: August 7, 2007 TO: Architecnologies (Yu) PO Box 93 Southold, NY 11971 Please take notice that your application dated July 17, 2007 For permit for additions and alterations to an existing single family dwelling at Location of property: 3300 Di~nans Road, Southol& NY County Tax Map No. 1000 - Section 83 Block2 Lot 4.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this conforming 1.89 acre parcel in the R-40 District is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed additions and alterations are noted as being +/- 28.67 feet from the top of the bluff, at its closest point. Thij_N_e!'.'ee ~ was am~e ed on August 7~ 2007, based on ~2~ 2007, b¥~ran~NNotaro, Architect.// ~d Si/gm Note to Applicant: Any ~ ~:to the above referenced application, may require further review by the SoutholffTown Building Department. a site survey~ dated August CC: file, Z.B.A. (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM ro~ James Dinizio, Jr., Chair Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: September 10, 2007 (Revised October 2, 2007) Re: ZBA File Ref. No. 6083 (Yu) CHENG KAI YU requests a permit to construct a second-floor addition to the existing dwelling, alteration of first floor, and new second-story deck; construct 35' stone retaining wall; restoration of stone walk/steps over bluff; and fill and replant vegetation around top of bluff. Located: 3300 Dignan's Rd., Cutchogue. SCTM#83-2-4.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. 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. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water- dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The bluff system is actively eroding. The distance to the proposed trellis from the top of bluff is 28 feet and the distance to the proposed second floor addition from the top of bluff is 44 feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter § 280-116 A of the Town Code. Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Use hard structural erosion protection measures for control of erosion only where: 3. 4. 5. Vegetative approaches to controlling erosion are not effective. Enhancement of natural protective features would not prove practical in providing erosion protection. Construction of a hard structure is the only practical design consideration and is essential to protecting the principal use. The proposed hard structural erosion protection measures are: a. limited to the minimum scale necessary b. based on sound em,ineeriw, oractices Practical vegetative methods have been included in the project design and implementation. Adequate mitigation is provided and maintained to ensure that there is no adverse impact to adjacent property or to natural coastal processes and natural resources and, if undertaken by a private property owner, does not incur significant direct or indirect public costs. Note: that the bluff is actively eroding with the more severe erosion occurring adiacent to the lawn area on top of bluff. The effectiveness of the 35' stone wall to stabilize the bluff through protection of the toe of the bluff is questionable as active erosion is occurring (gullies) at the top of bluff (See Aerial photo below). If the proposed action is approved, the following is recommended. It is recommended that the Board require a the submittal of a report on the stability of the bluff soils, erosion rate, and loading impacts of the second story addition by a qualified Engineer. It is recommended that a non-disturbed vegetated buffer be established landward of the top of bluff to the landward limit of the Coastal Erosion Hazard Line (15+') to control storm water, minimize erosion and help stabilize the bluff. 3. Require that the applicant submit a bluff planting olan to helo stabilize erosion. 4. Require hay bales during construction landward of the Coastal Erosion Hazard Area. 5. Require gutters, leaders and drywells landward of the existing structure and additions to contain roof runoff. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance to the proposed trellis from the top of bluff is 28 feetl the distance to the proposed second floor addition from the top of bluff is 44 feet~ a minimum setback distance of 100 feet from the top of bluff line is required pursuant to Chapter 275-3. Findings~ purpose~ iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. Figure 1. Yu property with Coastal Erosion Hazard Area (CEHA) depicted. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attorney MT/hkc DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE October 10, 2007 THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box I 179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Stanton 5948 Neumarm 6077 Well 6078 Yu 6083 O'Connell 6084 Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5190 100 VETERANS MEMORIAL H~GHWAY HAUPPAUGE, NY 11788 0099 IELECOPIER {631) 853-4044 COUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 Thomas J. McM&hon DISTRICT MANAGER (631)727-2315 October 2, 2007 Mr. James Dinizio, Jr. Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA File Ref. No. 6083 (Yu) Dear Mr. Dinizio: As requested, an evaluation of the project cited above has been made through a site inspection conducted on September 28, 2007. The existing dwelling on the property is approximately 30 feet landward fi.om the top of a bluff off Long Island Sound. The dwelling is in disrepair. The yard, between the bluffand the dwelling, slopes away from the top of the bluff and toward the west, and is vegetated with turf grasses. A fairly large ravine exists on the western side of the property, which is heavily vegetated with trees and woody shrubs. The ravine outlets at the top of the bluffwhere a concrete block and paving stone stairwell accesses the beach. The bluff is fairly high, vegetated with woody vegetation on the eastern portion and recently planted American beachgrass on the western portion. At the toe of the bluff exists a revetment with large boulders. Wooden pallets, probably fi.om the concrete blocks and pavers, have been placed on top of the revetment. The bluff face is steep and along the western two-thirds of the bluff top exists a near vertical slope that drops approximately 15'. Attempts to stabilize this area have been made by placing large ' diameter tree trunks, brush and grass clippings, and other debris on the slope. The majority of the upper bluff face is unstable. It is estimated that when the top of the bluff recedes, due to sloughing, it will move at least 15 feet landward putting the dwelling in a dangerous situation. The debris should be removed fi.om the upper bluff face and the area planted to American beachgrass. The wood pallets on top of the revetment should be removed and disposed of, along with the debris on the bluff face, in a proper manner. Consideration should be given to removing the existing dwelling and siting a new house to the southeast on the lot. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 I hope this information is useful to you and if you have any questions, please contact this office. Respectfully, District Manager ITECNOLOGIES 13405 M~aBs~d~Mal~u~ N~wYc~ 11952 631.298.1129 f~: 631,29~1128 P.O. Box 93 September 17, 2007 Town of Southold Building Depaxtment ~ ~) ,! ....~ Southold,?4.Y i% Re: ~ Attn: Damon Rallis, As per our phone conversation on 9.17.07, the following is a list of the proposed work to be performed at the existing residence located at 3300 Dignans Rd, Cutchogue, N.Y.; Mr. Chengkai Yu 3300 Dignans Rd Cutchogue, N.Y. 11935 S.C.T.M # 1000-83-02-4.1 a) Construction of a 2na floor addition over the existing fwst floor. In order to accomplish this, new larger fioor joists will be "sistered" side by side with the existing ceiling joists. (Ref. to plans previously submitted). b) Construction ofa fn'st floor trellis along the North side of the existing house. This will involve pouring new footings to support the 3 proposed columns. (Ref. to plans previously submitted). c) Miscellaneous relocation of interior walls to accomplish clients first floor layout requirements. The existing exterior walls will remain. (Ref. to plans previously submitted). d) Relocation of basement stair up to existing 1st floor. This will involve pouring new concrete footings. (Ref. to plans previously submitted). If we can answer any additional questions please don't hesitate to call our office at ; 1-298-1129. CONC.&: STAIRS SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-85-02-4.1 SCALE' 1 ~-50' MARCH $0, 2007 Moy 18, 200? (oddilions) JUL Y 3, 2007 IqddilionsI Brick Court 25' R~ht of Way ~- S43'45'00"W 194.1,:7' FE. FE.COR. 10' Righ f of Woy /00.0' COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO ~ 58-549~85 ELEVATIONS & CONTOURS ARE REFERENCED TO N.G.V.D. AREA= 1.8995 ACRES TO TIE LINES ~j~: ,' .,, ROAD · = STAKE FOUND · = MONUMENT FOUND ANY AL[ERATION OR ADDITION TO THIS SURVEY/S A VIOLAT/ON OF SECTION 72090F THE NEW YORK STAT~ EDUCATION LA~ EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THFREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. N.Y.S. LIC. NO. 49618 YORS, P.C. (661) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1250 TRAVELER STREET I SOUTHO~O, ~v.~ 1~971' ! SITE SURVEY SURVEY OF PROPERTY SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW $.C.T.M. #- 1000 - 83 - MARCH 30, 2007 MAY 18, 2007 (ADDITIONS) JULY 3, 2007( )ADDITIONS YORK 02 - 4.1 u~s) 1.8995 ac. INFORMATION TAKEN FROM SURVEY PREPARED BY MR. JOHN T, METZGER LAND SURVEYOR DATED MARCH 30, 2007 PH. 631 298 1129 F 631 298 1128 PROPOSED NEW INFORMATION PROVIDED BY: FRANK NOTARO R A P O BOX 93, MATTITUCK, N-Y- SCALE 1" = 40' NOTES: 1, ELEVATIONS ARE REFERENCED TO N G V D 2, COASTAL EROSION HP, ZARD LJNE FROM COASTAL EROSION HAZARD MAP PHOTO ¢ 58-540-83 %%% A. SITF ~j3 NEVV POURED CONCRET~ ~ EXISTING CONG. BLOCK ' ' FOUNDATION WALL & FTNG. EXISTING 8" C.M.U. FOUND. WALL EXISTING CONTINUOUS POURED CONCRETE FOOTING EXISTING CONCRETE SLAB 6'10' H, GONG, WALL 6'-5 1/2" C,H. TO I 1/2"SIIJ,-, hi I PLATE ~-~ I WAETE LINES 7' 1/2" C,H. ELEC. PANEL BO'FrOM OF GIRDER~ 7' 1/2" C,H. WATER EXISTING FOUNDATION PLAN EXISTING 8" C.M.U. FOUND. WALL EXISTING CONTINUOUS POURED - LEI m >-o A-0 16' EXISTING CONCRETE SLAB 6'-$1/2" C,H. TO BOTTOM OF * 8'10, H, CONG. WALL I 1/'Z'SIU-, !11 r WASTE UNES 7' 1/2" C,H. ELEC, PANEL WATER P. CONG. FOOTING. ('rYp. ALL) PROPOSED FOUNDATION PLAN PROV. 8" DIAM. P. CONG. CASON ON TOP OF A 1'6" X 1 '6" 10" DEEP POURED CONG. FTNG. (-rYP. ALL) 36'-4" 56' SUN-ROOM DINING RM. GREAT RM. KITCHEN BEDROOM 56' EXISTING FLOOR PLAN BEDROOM BEDROOM 24'-6" 1 5'-9" 1 SOUTH ELEVATION WEST ELEVATION EAST ELEVATION ELEV. 84' ELEV. ELEV, ELEV, ELEV, 56~ -- 19'-8" NORTH ELEVATION M. BATH & CL. PROPOSED 2ND FLOOR PLAN AREA ~ 1,300 SQ.FT. BEDROOM 3 BATHROOM ~,THROOM A ~2 GREAT RM. DINING RM. K~CHEN PROPOSED 1ST. FLOOR RENOVATION 30' +/- HT, FROM MEAN GRADE TO TOP OF RIDGE HT. NOT TO EXCEED 35' ELEV. 64' ELEV. ELEV, 85' SOUTH ELEVATION NORTH ELEVATION --ELEV. 64' --ELEV. 60' A-2P WEST ELEVATION EAST ELEVATION A-3P APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ /'~(~0. Flied By:f~g~k~'/~f ~ Date nssigncd/Assignment No. Office Notes: ~ ~ LotSize k,~qO.P_~"~_ Zone House No. ~ Street 'T~ SCTM 1000 Section ~ ~ Block ~ Lot(s) Hamlet I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~ BASED ON MAP DATED ~l)f~/)~- Applicant(s)/Owner(s): ~-~ )~DC~ J~ MailingAddress: ~.0. ~O~C Telephone:~/' ~f-~c,~'qt~Fax #: Emaih NOTE: In addition to the abeve~ please complete below if applicaiton is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentaflve:~L~k~F~ (~CgL~)fLY~;'~J3J~'~or~Owner, or ( )Other: Agent's Address: ~, O, ~< q~¢! ~ ~c-C-~-\"~) ~_~L_ ~, k~ ~'~. !~:~0 - I Please check box to specify who yon wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or /JE~uthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~ L~.~] ~ and DENIED AN APPLICATION DATED '7 / i?/C97 og: ~ ~'Building Permit ' t ' ~ Ce~ificate of Occupancy ~ P~e~ificate of ~cupancy ~ Change of Use ~ Permit for As-Built Construction ~Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article?~)< ]~ Section 280- i I ,~ ~' (t) Subsection Type of Appeal. An Appeal is made for: ~"~ .A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has ~has not been made at any time with respect to this pcoperty~ UNDER Appeal No. Year~. (Please be sure to research before completing this question or call our office for assistance.) Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: '~O:B~t~-L I O"A::: ~J~>TII(36~ ~-,3~X',.T',,~,'~%, q>PrP..X-(fM~'~.~"~'E~.~.'~t~¢- I.GI:H.E ~P~IqC)IATIO'7/~'~ I1. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: '-] t ~ i~,~,*.-~LL4 ~ ~.~ . Dimensions of new second floor: [, Dimensions of floor above second le~,el: ~.90/,.)~ . Height (from finished ground to top of ridge): ?-~ .~C3 ~ M~-L~ C,~ ~.9.~3g_ _ x'x'x'x'x'x'x'x'x'x~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Ill. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 'izi)iL ~umb~ ;fFioom-a~d Changes WITH Alterations: ~ ¢~C30~,, ah IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: I~ ~ ~-~ Proposed increase of building coverage: Square footage of your lot: ~ ~_, ~'~,~ ~ ~--~ Percentage of coverage of your lot by'buildin~g area: ~ V. Purpose ofNew Construction: ~(3L%~d30..~Ubk23 VI. Please describe the land contours (flat, slope ~, heavily wooded, marsh area, etc.) on your land and how it relates to t~e difficulty in meeting the code requirement(s): 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 New York State Departmental Environmental Conservatlo-~n Division of Environmental Permits, Region One SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www.dec.state.ny, us Alexander B. Grannis Commissioner _LETTER OF NO JURISDICTION . TIDAL WETLANDS AC ! ChengKai Yu PO Box 1165 Cutchogue, NY 11935 August 7, 2007 Re; Application #1-4738-03738/00001 Yu Property, 3300 Dignans Road, Cutchogue S.C.T.M #1000-83-2_4.1 Dear Mr. Yu: Based on the information you have submitted, the Department of Environmental Conservation has determined that the property landward of the "TOP OF BLUFF" line, as shown on the survey prepared by Architecnologies on March 30, 2007 last revised on July 3, 2007, is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661 ) no permit is required. 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 precautions are taken to prevent any sedimentation or other alteration or disturbance 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 boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. CC; Sincerely, Mark Carrara Deputy Permit Administrator Frank Notaro NYSDEC, Marine Habitat Protection file (kal) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ls the subject premises listed on the real estate market for sale? [] Yes /~o Are there any proposals to change or alter land contours? /~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~,,~'~. 2) Are these areas shown on the map submitted w~th th~s apphcatmn. ~/t~ ~>- 3) Is the property bulkheaded between the wetlands area and the upland ~ouilding area? 4) If your property contains wetlands or pond areas, have yofi c~nt~cted the office of the Town Trustees for its determination of jurisdiction? ~ ~.~ Please confirm status of your inquiry or application with the Trustees: ~)tl and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? [/~-~ '~t~f~F~l~' ~Ld_9~c~' /,A[~-:C~-~2> ~~ E. Are there any patios, con,ute b~em, bul~ea~ or fenc~ that exist ~d ~ not shown on the su~ey map that you ~e submi~ing? (Ple~e show ~ea of these sWuctures on a di~mm iffy exist. Or state "none" on the a~ve line, if applicable.) Do you have any construction taking place at this time conceruing your premises? ~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Aut~ized-~ignat~re and Date Do you or any co-owner also own other land close to this parcel? /00 If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel ~Xl~oT~tO(-~ t ~,'r¥. ~l kD('-~l ~ ~ ~ ~-¥ . and proposed use ~x'~. ¢-'>~L.~'-.~I~ ~MI [.-~4 (examples: existing: single-family; proposed: same with garage or pool, ~r other description.) t 2/05; 1/07 REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: ~RO ~e~ (4) The valance will NOT have an adve~e e~ect or impact on the physical or environmental conditions in the neigh~rhood or dist~ct because: ~ ~ ~ (5) Has the all.ed di~cul~ b~n self-creat~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~No. ~ Yes fvle~e~rnish This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) fiig~ature of Appellant o~ Authorized Alit ' (Agent must submit wrinen Authorization from Own~w.F Sworn to before me this CL~,~1' d.y of , 20 Oq · ~UAL~ {N ~OU~ ~ PROJECT I.D. NUMBER 617.20 Appendix C Stats Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (3'o be compJeted by Applicant or Project sponsor) SEQR Signature: I If the action is in the Coastal Area, and you am a state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER )ART It--ENVIRONMENTAL ASSESSMENT ~'o be completed Oy Agency) WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABIJSHMENT OF A CEA? [] Yes [] No ~:. IS THERE, OR iS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [*-] Yes [] NO It Yes, explain Dr;~fl¥ PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect iclmltitied above, determine wtmther ~t is substantial, la.ge, important or otherwise significant. Each effect should be assessed in connection With its (a) setting {i.e. ufoan or rural);, {b) probability of occurring; (c) duration; (d) irreversibility; (e) geograpttic scope; and (f) magnitude. If necessa~', add attachments or reference supporting materials. Ensure that exolanations contain sufficient detail to show that all relevant a(~verse impacts have peen identified and a~equately addressed. question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposecJ action. on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse inflS,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check tills box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Oats APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: ~ ~)d-~/].-)~.~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Yarianec ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO y Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock oftbe applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Town of Southoid LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 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). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.nortlffork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm, - -,4- The Application has been submitted to (check appropriate response): TownBoard ~ Planning Dept. ~ Building Dept. [] BoardofTrustee~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ' Location Site acreage: Present land use: Present zoning classificatior~: 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: ~b6¢/TtS?/~/)i CtJ (b) Mailing address: '~. tr~. ~i~_t2~) k/ //_~ ,~'- (c) Telephone number: Area Code (~) (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~] N/o~ If yes, which state or federal agency.9_ 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 IH - Policies; Page 2 for evaluation criteria. ~Yes [] No ~] {Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section HI - Policies Pages 3 through 6 for evaluation criteria ~-~ Yes ~-~ No,{Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southoid. Sec LWRP Section Ill - Policies Pages 6 through 7 for evaluation criteria ~ Yes [-~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. MinimiTe loss of life, structures, and natural resources from flooding and erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes Nv (Not Applicable - please explain) '/g~--_R-L .... / ........ ~ ' - ~ '~' Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southald. Sec LWRP Section IH - Palieies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section II1 - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [~(Not Applicable - please explain) - / - -.// · _. -/ ------.->. ....... Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. Sec LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section IH - Policies Pages; 34 through 38 for evaluation criteria. [-~ Yes [-~ No ~(Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimi,e environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. Sec LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ Ng~Not Applicable - please explain) 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 Southoid. See LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. Ye~ No~0Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. Sec LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. V-~ Yes [] Noir(Not Applicable - please explain) Attae~dditional sheets if necessary ' ' / ~ ~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ,~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Polici~,~ Pages 65 through 68 for evaluation criteria. [] Yes ~ No~Not(V'-'~' Applicable- please explain TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN .HALL SOW[HOLD, .NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined 20 __ Approved 9/%/~ Disapproved a/c Expkafion ,20 PERMIT NO. Septic Form '"L - APPLICATION FOR BUILDING PERMIT Oate -7/t 7/ INSTRUCTIONS BUILDING PERMIT APPLICATION CHECKLIS Do you have or need the following, before applying Board of Health 4 sets o£Building Plans PIanning Board approval Survey Check ,2O a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suftblk County, New York, and other applicable Laws, Ordinances or Regulations, for the constraction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises an..d in building for necessary inspections. ~) (Signature of applicant or name, if a t~orporation) ~ (Mailing addr'es6( o f applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of own~er of premises ~-~-~tL~ ~/~ J (As/ on tie tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work~wilJ be done: House Number ~ S~eet Co~tyT~MapNo. 1000 Section ~ Block Subdivision Hamlet Filed Map No. (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy I ~_~-)T~' ~")iJ~.%Ca~l._~, b. Intended use and occupancy ,~0-- ~T¥ ¢>\ kU(-~-b~5 Nature of work (check which applicable): New Building. Repair Removal Demolition ,~_ I Addition ,~ Alteration Other Work Estimated Cost /.~F'), OTD2'-'3 Fee If dwelling, number of dwelling units If garage, number of cars ,:¢- r,J/¢~ (Description) (To be paid on filing this application) Number '0f~dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front ~ Height I~'~'-n~ ¢t~-~P Number of Stories Dimensions of same structure with alterations or additions: Front Depth_ Height_ Number of Stories Dimensions of entire new construction: Front ,5 7 / Rear ~ 'P / Height ~-~ ~o ~RID~ Number of Stories ,--~ eSq'~,' Size of lot: Front ~ q, {O-~_ ' Rear Depth ~::~ I_~, Depth t~"]'-7 ,~.~,~_~Q ) ~ff~"~. iO · Date of Purchase Name of Former Owner · Zone or use district in which premises are situated · Does proposed construction violate any zoning law, ordinance or regulation? YES ./O NO__ · Will lot be re-graded? YES__ NO 7° Will excess fill be removed from premises? YES NO .3o · Names of Owner of premises ~ ~C}oC- ¥v¢~ x/0 Addresso,0-roclr',(¥~.=, ~x~, Phone No. NameofArchitect"'~-~fi-k_~o ~O~gO AddressgO,Szxq~r:~_7~ly0-rT-/F~fiPhoneNo ~q>~- /}~? Name of Contractor Address Phone No. a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES/5,zv NO __ IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ,)dy NO__ IF YES, D.E.C. PERMITS MAY BE REQUIRED· .~Provide survey, to scale, with accurate foundation plan and distances to property lines· · If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ATE OF NEW YORK) SS: )UNTY OF ~ F/20_4~) ~O. tO I~Cx,F__F~ C~C3L'~/t-.D(.v - being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, ,He is the /~&~D'~-. (Contractor, Agent, Corporate Officer, etc,) said owner or owners, and is duly authorized to perfom~ or have performed the said work and to make and file this application; it all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be :formed in the manner set forth in the application filed therewith. 'omko jxefore me this..- j~_.~ r__~ day of,~/)/ 2007 /r ) Not~ Public ~ J~T V. STEWART NOISY PUBUC, S~te ~ ~ Yo~ No. 5246633485 ~ ~ ~lk ~un~ ~lon ~r~ Nov. 30, ~/~ Signature of Applicant RES LAND FQrm SE. AS. IMP. NORMAL VL TOTAL OF SOUTHOLD I:~OPERTY RECORD CARD FARM DATE BELOW ABOVE COMM. REMARKS Volue Per Acre Value VI LLAGE IND. DISTRICT SUB. E TYPE OF BUILDING LOT CB. I MISC. kC. Tillable Tilloble, Woodland Swampland Brushland House Plot Toto I Extension [ I Basement ] /~rT'& l~" ' Floors Extension Ext. WalEs I ~004'©/?~,? Interior Finish Extension Fire Place ~/) ¢ Heat ~ Porch Attic Raoms Floor Breezeway Patio Rooms 2nd Floor Garage ~ ~ ~ ¢ ? ~ / Driveway O.B. ITECNOLOGIES August1812007 I, Chenghai Yu residing at 3300 Dignans Road, Cutchogue, N.Y. do herby authorize Frank Notaro (architect) and/or Aqnieszka Goldinq (aqent) to apply for permit(s) from any state or local agencies in my behalf for property located at: 3300 Dignans Road, Cutchogue, N.Y. (owner s s gnature) ITECNOLOGIES P.O. Box 93 August 30, 2007 Zoning Board of Appeals Southold, N.Y. Re' Mr. Chengkai Yu 3300 Dignans Rd Cutchogue, N.Y. 11935 S.C.T.M # 1000-83-02-4.1 To Zoning Board of Appeals: As per our phone conversation on August 28, 2007 enclosed please find the following additional items requested by your office: 1. Check for $250.00 - total fee $400.00 paid to date $150.00 2. 7 copies of existing and proposed foundation plans. 3. Letter certifying condition of the existing foundation wall. Please feel free to contact our office at 631-298-1129. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAl. STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION GFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax {631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 4, 2007 Zoning Appeal ]No. 6083 Transmitted herewith is Zoning Appeals No. 6083 of Chengkai Yu- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Short Environmental Assessment Form, Applicant Transactional Disclosure Form, Notice of Disapproval, Town of Southold Property Record Card, Authorization Letter for Frank Notaro and/or Agnieszka Golding to act as agent, Cover Letter, letter to the Z.B.A. from Frank Notaro R.A. regarding visual inspection of the foundation wall, Action of the Zoning Board of Appeals; Appeal No. 3170, letter from the United States Department of Agriculture Soil Conservation Service, LWRP Consistency Assessment Form, NYS DEC Letter of No Jurisdiction- Tidal Wetlands Act, Survey, Site Survey, Existing & Proposed Foundation Plan, Existing & Proposed Floor Plans, Existing & Proposed Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8 / 31/07 ZBA # NAME CHECK # AMOUNT TC DATE,STAMP 6083 YU, Chengkai 143 $150.00 147 250.00 $:~? - '- $~utho~d To~n Cl~rk TOTAL $400.00 By Thank ',ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/04/07 * * * RECEIPT * * * Receipt#: 143147 Transaction(s): 1 1 1 Application Fees Application Fees Refemnce Subtotal 6083B $150.00 6083A $250.00 Check#: 143 & 147 Total Paid: $400.00 Name: Clerk ID: Yu, Cheng Kai 3300 Dignans Road Po Box 1165 Cutchogue, NY 11935 MICHELLE Internal ID: 6083B P.O. Box 93 August 29, 2007 Zoning Board of Appeals Southold, N.Y. Re' Mr. Chengkai Yu 3300 Dignans Rd Cutchogue, N.Y. 11935 S.C.T.M # 1000-83-02-4.1 To Whom It May Concern: Upon visual inspection I certify that the existing 8" C.M.U. foundation wall is in stable condition and will provide adequate bearing load for the new addition of the 2nd floor. Please feel free to contact our office at 631-298-1129. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 December 17, 2007 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Ms. Aggie Golding Architecnologies P. O. Box 93 Mattituck, NY 11952 Re: Chengkai Yu; ZBA/16083 Dear Aggie: We are currently scheduling our February, 2008 heatings. Please advise how you wish to proceed with the above-referenced application. Thank you. Very truly yours, Jayne P. Martin Jpm James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 19, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Cheng Kal Yu 3300 Dignan's Rd. P.O. Box 1165 Cutchogue, NY 11935 RE: 3300 DIGNAN'S RD., CUTCHOGUE SCTM#83-2-4.1 Dear Mr. Yu: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 19, 2007 regarding the above matter: WHEREAS, CH£NG KAl YU applied to the Southold Town Trustees for permits under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, applications dated July 13, 2007, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and specifically Inconsistent with the following coastal policies: Policy 4.1 -Minimize losses of human life and structures from flooding and erosion hazards, Policy 6- Protect and restore the quality and function of the Town of Southold ecosystem, and Policy 6.3 - Protect and restore tidal and freshwater wetlands, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 19, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structures, as applied for, do not comply with the standards set forth in Chapter 275 of the Southold Town Code, and Chapter 111 of the Southold Town Code, and, WHEREAS, the Board has determined that the structures, as applied for, will have a detrimental effect upon the health, safety and general welfare of the people of the town, and, WHEREAS, there are existing violations of the Town Code currently being prosecuted on the property, which relate to certain of the structures applied for herein, and, NOW THEREFORE BE IT, RESOLVED, for the foregoing reasons, and based upon the application's failure to meet the standards contained in Chapters 111 and 275 of the Town Code, that the Board of Trustees deems the proposed projects to be Inconsistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, based on the scope and location of the proposed structures, their proximity on or nearby the existing natural protective features, the materials proposed to be used on the project, the proposed methods of construction, and the overall impact of the proposed project on the existing natural protective features, and, BE IT FUTHER, RESOLVED, that the Board of Trustees DISAPPROVES WITHOUT PREJUDICE the applications of CHENG KAl YU to construct a second-floor addition to the existing dwelling, alteration of first floor, and new second-story deck; construct 35' stone retaining wall; restoration of stone walk/steps over bluff; and fill and replace vegetation around top of bluff, and as depicted on the survey prepared by John T. Metzger last dated July 3, 2007 and site plan prepared by Architecnologies last dated July 3, 2007. This is not a determination from any other agency. Very truly yours, oherty ~/Vice-President, Board of Trustees JMD/Ims September 25, 2007 Zoning Board of Appeals Southold, N.Y. Mr. Chengkai Yu 3300 Dignans Rd Cutchogue, N.Y. 11935 S.C.T.M # 1000-83-02-4.1 F Dale: ~Lf~v- e'?,, No. of Pages_J_.__. ~om: ARCHITECNOLOGIE3 Phone ~ To the Zoning Board of Appeals: On behalf of our client Mr. & Mrs. Chenghai Yu, we are requesting a postponement of their hearing date on October 18, 2007, During the Trustees hearing (9/18/2007) it was brought to our attention that various items concerning the property have to be resolved prior to any additional review by any local agencies. We are requesting a postponement until the December 2007 Z.B.A. hearing. Please contact our office if there are any additional information at ph, )8-1129 fax. 298-1128 P.O. Box 93 September 17, 2007 Town of Southold Building Departmen~ Southold, N.Y Re: Mr. Chengkai Yu 3300 Dignans Rd Cutchogue, N.Y. 11935 S.C.T.M # 1000-83-02-4.1 Attn: Damon Rallis, As per our phone conversation on 9.17.07, the following is a list of the proposed work to be performed at the existing residence located at 3300 Dignans Rd, Cutchogue, N.Y.; a) Construction of a 2"d floor addition over the existing first floor. In order to accomplish this, new larger floor joists will be "sistered" side by side with the existing ceiling joists. (Ref. to plans previously submitted). b) Construction of a first floor trellis along the North side of the existing house. This will involve pouring new footings to support the 3 proposed columns. (Ref. to plans previously submitted). c) Miscellaneous relocation of interior walls to accomplish clients . first floor layout requirements. The existing exterior walls will remain. (Ref. to plans previously submitted). d) Relocation of basement stair up to existing 1st floor. This will involve pouring new concrete footings. (Ref. to plans previously submitted). If we can answer any additional questions please don't hesitate to call our office at Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 20, 2007 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning 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: Appl. No. 6083 Action Requested: Within 500 feet of: (Yu) ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 September 17, 2007 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6083 (Yu) Dear Mark: We have received an application for additions/alterations to premises on Long Island Sound in Cutchogue, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. By:. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 September 20, 2007 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Re: ZBA File Ref. No. 6083 (Yu) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Mattituck, NY, and shown on the enclosed site map. The hearing on this application will be held on October 18, 2007. Also enclosed is a copy of a letter from USDA to your offices dated January 12, 1987 regarding these premises, which we obtained from the Southold Town Trustees, together with a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, JAMES D1NIZIO, JR. By: LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 18, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ OCTOBER 1872007 1:40 P.M. CHENGKAI YU #6083. Request for a Variance under Section 280-116A(1), based on the Building Inspector's amended August 7, 2007 Notice of Disapproval concerning a proposal to utilize the existing foundation for new first-story and second-story construction, utilizing the existing foundation. The new construction will be less than 100 feet from the top of the bluff or bank adjacent to the Long Island Sound. Location of Property: 3300 Dignans Road, Southold; CTM 83-2-4.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: September 12, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING 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 September 13, 2007 Re: Town Code Chapter 55 - Public Notices for Thursday, October 18, 2007 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 September 24th: 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 alii 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin.q the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than September 25th: 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 October 5th; 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 your Affidavit of Postin.q prior to October 17. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. 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: YU, C, #6083 MAP #: 83-2-4.1 APPEAL: Bluff Setback Variance REQUEST: Additions/Alterations DATE: THURSDAY, OCT. 18, 1:40 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 United 8rates ~ent of Agrioulture Soil Conservation 8e~ce East Main Street Riverhead, New York il901 (516) 727-2315 January 12, 1987 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation District 127 East Main Street Riverhead~ New Yorkll901 Dear Stan: Re: Cheng Yu - Wetland Application No. 471 Town of Southold I have reviewed the wetland application at your request. The following comments are submitted~ based upon a site investigation of January 5, 1987. Inventory of Site Conditions~ The bluff has a sheer vertical 'face at the top and slopes steeply toward the toe. The entirs bluff face is lacking vegetation and is actively e~oding. Gutters and downspouts dispose of roof water away from the face of the bluff. Runoff from the lawn area flows back towards the house and down a swale to the west of this lot. A functional bulkhead stands at the toe of the bluff, the second lot to the east. Except for scattered boulders, no other shoreline structures were visible to the west. Remarks: Sqme s~rt of shoreline hardening structure is necepsary to control erosion along the toe of this bluff. Installing the stone revetment as shown in the typical drawing dated 8/28/86, will tend to increase erosion on the property boundaries immediately to the east and west. Optimal protection could be provided by tying this structure into the existing bulkhead to the east. This would require cooper- ation fr~ all 3 neighbors. Stone revetments~ although durable may be the most costly to install. I question whether treated timber bulkhead, also ·protected from scour at the base by stoner might be a more cost-effective alternative. It is tmpossiblg, to deter~ine from the cross-section drawing submitted, the elevation of the top and the toe of this structure. The problems associated with this type of structure are overw~shing and scouring beneath the stones. The range of core stone size is not i~dicatsd and cap stone is not typically labeled as ton/foot. For questions on design specifications and technical details, I refer the Town to N.Y.S. Sea Grant Exten- sion Specialist, Jay Tanski at (516) 632-8730. In addition to structural measures to stabilize the toe~ the bluff face must be vegetated to minimize soil erosion. First, the lip at the top should be cut back to eliminate the vertical face, This material can slide down'the face as backfill behind the proposed structures. Hydroseed the sandy slope to the following seed Mr. Stanley k. Panzer - 2 - January 12~ 1987 mfxture~ between April 15th and May 15th: Weeping Lovegrass Atlantic Coastal Fanicgrass Big Bluestem Little Bluestem Black-eyed Susan (optional) 20 lbs. per acre 20 lbs. per acre l0 lbs. per acre 10 lbs. per acre 1 lb. per acre Apply an equivalent of ~00 lbs. of 5-10-10 fertilizer per acre and green-dyed wood fiber cellulose at 2000 lbs. per acre. Mix the seed~ fertilizer and mulch into the hydroseeder and apply all together. An alternative method would be to plant the exposed areas to American Beachgrass if an annual fertilization program can be maintained. Plant between April 1st and April 15th or when the beachgrass is still dormant. Plant sprigs contafnigg three stems per plant (culms) about eight inches deep at a ~pacing of 12 inches x 12 inches. Apply 400 lbs. of 10-10210 fertilizer per acre at planting. Follow with an~oniem nitrate at 80 lbs. per acre in July or August, Oont~nue the a~moniumnftrate application annually to maintain a healthy stand of>heachgrass. Beachgrass should be planted at the toe of the slope regardless of the plants chosen for the remainder of the stabilization work. This area is more suscep- tible to erosion caused by wave action, and the beachgrass will withstand salt spray and storm activity better than other grasses. Plant at least a 10 foot wide area on any exposed area at the toe of the slope. Attached is a source list for the plant materials mentioned. If we can be of further assistance with this proJect~ I invite the Town or landowner to contact Laura A. Zaimes, Soil Conservationist Attachments now or formerly Salvatore & Laura Possalacqua STY, , FR, HOUSE GAR. Lot I Area = 80000 s.f.! RIGHT OF WAY-- now or formerly Constance Klapper NOTES: John & Lucille Zuhoski,Jr. ' lfi ~¢'.~' ¢-¢  n/f Frank Oliveto, Frank Tucci ~ Others O~E¢ON ROAD SURVEY FOR CHENG KAl YU AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DATE: OCT, 29,1985 SCALE: I": I00' NO. 85-1317 GUARANTEED TO~ SOUTHOLD SAVI FIRST A M ER 1,g~ ;O. OF N,Y. YOUNG & YOUNG RIVERHEAD, NEW YORK ALDER W. YOUNG, PROFESSIONAL ENGINEER AND LAND SURVEYOR N.Y.S. UCENS£ NO. 12845 HOWARDW. YOUNG~ LAND SURVEYOR N.Y.S. LICENSE N0.45893 '~4 0 SouthOid Town Board Appeals ~ (516) 765-1809 TELEPHONE ACTION OF TEE_ ZONING BO~RD OF APPFJkLS · ~kppeal NO. 3] 70 t?i.;~Application ~ated August 31, ]983 (Public Hearing Mat Gary Flanner Olsen, Esq. as attorney for MR. DANIEL SHELLEY Main Road, Box 38. Mattituck, NY 11952 a Meeting of the Zoning Board of Appeals held on Ma [~?~.i;.~he above appeal was considered r and the action indieat your [X ] Reques~ for Variance Due to Lack of New York Town Law, Section 280-a [ ] Request for Special Exception under Article , Section [X] Request-for Variance to the Zoning Article III, Section ]00-3]. 8u] [ ] Request for ~.. The public hearing on th~s matter was held on Mar ~F;ji~hich time the hearing was declared closed after receiv ~lanning Board conditional approval WES received Septem ~'q~;~.Y S. Departmen~ of Env)ronmental Conservation was rec ~-~ber 8, :1983. ~- . · Upon application for DANIEL SHELLEY, by Gary Flan Road, Mattituck, NY for a Variance for app~oyal of York Town Law, Sect)on 280(A}, and a Variance _to' the Zo Article III, Section lO0-31, for approval of insufficie :el in this proposed two-lot division la~ated pna p ~ off the nor.th side of Oregon Roafl,. ~utchogue, NY ~ap Parc~l.FN). 1000-83-2-4. The board made the following findings and determi By this appeal, appellant seeks: (a) approval ~ existing, traveled right-of~way as indicated on the survey prepared by Young & Young having a length commen point ~t ~he north side of Oregon Road'370~.08 feet to line of land now or formerly of Klapper, thence westerl p~emises in question; and (b} approval of two propose the requirements of the~Bulk SchedUle. [n researching the history of the parcel and righ uestion, a vari.ance for approval of access was granted o~ -of-way ~or.a ~idth of 15 feet ~n. December 22, 1976 under Apl s now or formerly of C. Klapper, County Tax Map 83, Block 2. Lots~5 ahd 6. On June 14, 1977, ~ Department accep.ted the improvements to.the r~ght-of-wa ance with the prior decision of the LB.A. The August Notice of Disapproval from the Building Inspector has required an "updated" review un,er New York Town Law right-of-way is in need of minor repairs and has also that variances.from the bulk schedule are reouired. DATED: March 27, ]984. Form ZB4 (rev. 12/81) CONTINUED ON PAGE TWO) CF~AIp~VdkN, SOUTMOLD OF APPEALS 2. ]984) [appellant(s)] · ch 2, 1984 ed below was taken Access to Property the Zoning Ordinance rdinance Schedule :h 2, 1984, at ing testimony. )er 19, 1983. )ived Novem- qer Olsen, Esq., access. New qieg O~dinance, ~t area of one rivate right- County Tax qation: 3anuary 26, 1984 :lng at a Lhe southerly 100' to the lots from L-of-way in er this same eel No. 2232 to District lO00, hal 8uilding ! in ~ccord- 30, 1983 urther ~ce the termined ZONING BO~RD Pege 2 - Appeal No. 3170 Matter of~DANIEL SHELLEY Decision Rendered March 2, lg84 In reviewing the survey submitted with the application, the board fines that Lot 1 would contain an area of 1.766 sq. ft. or a minimum of 80,DO0 sq. ft, with 187.57' lot width, and Lot 2 would contain an area of 2,106 acres, which is more than the required 80,OOq) sq. ft. and 187.0' lot width. The survey shows an existing dwelling set back 209.8' from the southeasterly property line, apprqxi~ately 184 feet from the proposed right-of-way within the subdl~ision bounOarie,s, and having more than :ne required rea~ and side yard setbacks. There appears to oe compliance with the list o~ requiremQn:~,un~er qbe bulk schedule ahd therefore variances ~rom same in :ne Desto s Oplnion are not necessary. For the record it is no:ed that Local Lew,7-1983 was passed May 20, 1983 requiring a minimum lot Nidth of 270 feet; however Local Law 9-1983 was adopted and made effective August 16, 1983 which aseDded the lot width requiremen~ to 175 feet. The board members nave visited the right-of-way in euestio.n a,nd find the right-of-way ~o be in good condition recuiring only minor improvements. wa~A~cobdingly, on motion oy Mr. Douglas~, seconded by. ~r. Sawicki, RESOLVED, that the application for DANIEL SHELLEY for approval of access, Appeal No. 3170, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING REQUIREMENTS: T,ha't the potholes eno ruts ee filled and that the right-of-way be regraded its entire length and impmqyed wit~ 20% stone concentra- tion and:,80% sand-loam mixture.at a.minimum width of 15 feet. Lo~a'tion of Property: Right-o~f-Way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. Vote of the Board: Ayes: Messrs. Douglass, Doyen, Grigonis and Sawicki. Chairman Goehringer abstained. This resolution was adopted by majority vote. Chairman Pro Tem Southold Town Board Appea!s CffA~L~ GRIGONm, JR. s~po'/~, JR. ,o~,i. Oou~u~ss J~EP~"H[ SAWICKI HOT[C~ ES HERESY GIVEN, pursuan[ Co SecC~en L~s and the P~ovfsio~s of Che Amended Code of ~he ToNn e Re~ula~ Meeting and [he folloN~n9 public hearings .~ the Southo]d Town Zoning ~oa~d of Appeals aC the Town ~oad, Southold. NY on,FRIDAY, ~ARCE ~, commenc~ o'clock p.m. and as follows; 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE Accessory garage in frontyard area. 3955 Stars Road, East Marion 7:35 p.m. Application for HENRY AND DOROTHY ST;'GEOR( Price, Jr., Esq., 828 Front Streec, Groenporc, NY for a Variance Ordinance, Article III, Sections lO0;31 and 100-32 for permissior la) addition to dwelling reducing rearyard setback, {b} access~ building in the frontyard area at premises: 300 Marion Place, Raj County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of JA~iES F. DRUCK III, Box 355 for a Variance To the Zoning Ordinance, Article III, Section 100-; Section lO0-118, to alter and construct addition to a nonconformi dwelling exceeding 50% of fair market value and leaving insuffici, Promises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Mai 7:45 p.m. Application for P~ D~ VARTANIAN and the TOWN q a Variance co the Zoning Ordinance, Article V, Section lO0-S1 an, Section lO0-31, Bulk & Parking Schedule, for approval of insuffi~ width of two proposed parcels, and for permission to continue us( dwelling residence on proposed. Parcel "B" as exists. Premises: Avenue, Fishers Island, NY; County Tax Map Parcel ID No. lO00-O( 7:50 p.m. Application for PATRICIA STEGNER, by Rudolph H. Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Section 100-31, and for approval of access, New York Town Law Art Section 280(A)[3],.concerning premises having insufficient area a and located along the west side of a private right-of-way off the of Main Bayview Road, Southold, NY; County Tax Map Parcel ID Ho. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Li Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Section 100-31, for permission to construct deck addition with re the rearyard setback from the westerly properey line at premises: Streec, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. 7 of the Town of Southold, 1 be held by all, Main at 7:30 SANBORN. NY. E, by Irving L. the Zoning D construct: ry garage Marion, NY; Laurel, NY, l, Article XI, g secono nt sideyards. Parcel SOUTHO T ' Article III, lent area and of multiple; Whistler 9-10-9. Erticle III, icle 16, )d width south side 1000-78-6-5 and 10.2. Article III, luction in 400 Betts Legal Notice - Page 2 March 2, 1984 Regular Meeting Southold Town Board of Appeals 8:D5 p.m. Application for FRANCES O. EPP, Birch Road, South ld, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31 fo) approvml of insufficient area in the pronosed set-off of lot located at the corner of Maple and Pine Roads. Southold, NY; County Tax Map Parcel ID No. 000-54-9- part o4 18. ~'~~ Application for OANIEL S, ELLEY, by Gary Flanner ;on, Esq.', ~,-Mattituck, NY for a Variance for approval of access, New rk Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordin ce, Article~ III, Section lO0-31 for approval of insufficient area of one parco in this propo.sed two-lot division located on a private r!ght-of-way off th, north side ) ~egon Road, Cutcho~e, NY; County Ta~ ~? P~c__el ~: l?~s§~-~Z~. B:2Op.m. Application for NO___RT~H FORK_BA_PTIST_ CHURC_H, C.R. (~, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section lO0-31 for permission ~o relocate a nonconforming one-family dwelling which was the subject of Appeal No. 3197. conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the herr) side of C.R. 48, Mattituck, NY; County Tax Map ~arcel No. lO00-101-02-21.l. For information concerning the above matters, please con~ac~ Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; t~l. 765-1809 or 1802. Those persons having an interest in the above matters may~ ppear at she time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUTHO TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday, Fe ~ruary 23~ 1984 aha forward nine affidavits of publication to: Board of Appeals, Ma~n Road, Southold, NY 11971, before February 29th. {516) 765-1809. Conies have been forwarded ~o the following 2/16/84: ?ring L. Price, Jr., Esq. for Simon snd Sanborn for Henry and D. St. George Mr. Jame~ F. Druck iii Robert W. Tasker, Esq. for Town of Southold/Vartanian Rudolph H. Bruer, Esq. for Patricia Stegner Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Daniel Shelley Mr. G. Herren for North Fork Baptist Church North Fork Baptist Church Suffolk Times L.I. Traveler-Watchman Supervisor and Town Board Members ' Planning Board Chairman Z.B.A. Members Individual files Posted on Town Clerk Bulletin Board 2/16/84 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTI~]E OF DISAPPROVAL File No ................................ To .~.. ,~,Z~ · '~'~ &"' ~':~"'i"~:~'- PLEASE TAKE NOTICE that your ,:~,~ dated . ~..~..W'...I .~.. ...... 19 .~.~, fo~ ~=it ~o, ...... ~..%.(~.~-..~~ ................................ Location of Proper~y ................................................................ Hou~ No. Sfreet H~mlet County Tax Map No. 1000 Section . ...~ .~ ..... Block ..... .~. ....... L Subdivision ................. Filed Map No ................. Lot No. :s returned herewith and disapproved on the following grounds . .~ d..~... ~. ~..~ ~ .~. ~. ~.,...~'~''~.~...7~ ...~..<e,~.~,~ _u .,,.~,~,,~.. ~.. ~ :. :. ~,~ Building Ins] RV 1/80 ector ~JliU~ 31 1~3 TOWN OF $OUTNOLD, .NEW YORK ~'I;F~I j~j~FROM DECtS]ON OF BUILDING INSPECTOR . TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) .....D.c~.LaL.Sbel].e,y. ................................ oi ....... .L"IcLn..RQJI~ ................................................. Name of Appelimt StreeW and Nu nber ...................... ,~gut, hb~,~J .......... ', ............................................. ~Jew..~.k ......... EREBY APPEAL TO Mu~icipa! ;~ty State THE ZON NG BO^RD g~.P:~,r~ FROM~THE DECISION OF THE BUIL;DI G INSPECTOR ON APPLIOkT.ON FOR 'PEPJ~T ~,],O ..................................... DATED ........ ~L~ WHEREBY.THE BuILI~ING INSPECTOR DENIED TO ............ D~tLel.~be ].].e~ ........................................ Name of AppJicont for permit of ....... ~.~!. ........................................ c~z~h~gu~ ........................ ~aw..~r.k... Stree~ and Number M~nicipollty State PERMIT TO USE (X) PERMIT FOR OCCUPANCY YAR[ANCE 1 LOCATION OF THE PROPERTY ........ .O.~e~g.O..~g~l~[.,..~.L~.(;j~,geg. e..,...~.¥. ...................................... Street Use Dist itt on Zoning Map ...... ....................................................... Map No. Lot No. 2 ~ROVISION IS) OF THE ZONING ORDINANCE ,M~PEALED {Indicate t~'~ ~.rticl~ ~ctlon, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the C -dinance.) 3. TYPE OF APPEAL Appeal is made herewith for ( X ) A VARIANCE to the Zoning Ordinance or Zoning Map (X) ^ VAPdANCE aue to lack of access (State of New York Town L~w hap. 62 Cons. taws Art. ]6 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal ~((has not) been made with re )eot to this decism~ of the Building Inspector or with respect to this property. Such appeal was (X) request for o special permit (X) request for o variance aha was maoe in Appeal No ................................. D~ted .................................................................. ~EASON ~'OR APPEAL (X) A Variance to Section 280A Subsection 3 (X) A Variance zo the Zoning Ordinance ~s requested for the re~son that AppJ~cant seeks 'co sub-div[s 3.872 as shown on 'che survey of Young & Young, dsted 0ctobe~ 18, 198~ App~ova! of Access ove~ a right-of-way frem Oregon Road =o res 1nto two parcels and also seeks ct premises. ]~a*m z~31 (Continue on other side). 1. STBJCT APPLICATION OF THE ORDINANCE would produce practical crJf'fi~ulties sory HARDSHIP because Applicant seeks to sub-dlv[s 3.872 acres,.~[nto t~o,pfl~¢els as follows: Lot #I - area of 1.766 acres and Lot #2 - area of 2.106 acres. Said parcels would be in general conformity, with the other parcels in-the-neigh- borhood and a~l~cmeet the present recent two-acre zoning requirements. Located on the subject premises is the applicant's house, which is not centered in the property but rather Is located far to the East. The proposed division line between parcels #1 and #2 would result in the house being fairly centered on Lot #1. To refuse the Variance to divide'property would mean that the Westerly portion, thereof, would not be suitable for building a home. This property i s unique in that it is waterfront and it would be a great economic hardship and practically difficult not to permit the creation of a new parcel, which would have an area of 2.106 acres. Also, access to the subject premises is over a right-of-way and applicant seeks approval of same under Section 280A of the Town Law. 2. The ho~ship created is UNIQUE and ts not sha~d by ail prope~ies alike in the immediate vicinl~ of this prierS/and in this use di~rl~ becouse Applicant has almost four acres of proper:y and the Area Variance sought is only a slight deviation from the new [wo-acre zoning requirements. Due to the fact that access to the subject premises obtained over a right-of-way, ~n Access Variance ts also required. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the [wo 3arce]s ~o be created woui~ be generely in keeping with the size and' and character' of the Dresen~ zoning requirements aha other parcels in the community ano the geneeral character of the meignborhoo~ would hot be changed. COUNTY OF SUFFOLK ) · ~..~.-,'~z...: .... r~ ........ ] ........ ~..~' ~ this .............................................. doy o~ ........... ~gu~t ............................... ~8~ ~l ..... ........................ ,FO~MER;/owN EK ',/u, SEAS. IMP. VL. TOTAL FA RM DATE NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value rillab~ 1 Fil la~J~I' 2 riltable. 3 /Voodland ;wampland Irushland -lOUse Plot 'oral VILe. AGE ]DIS~ICT SUB. LOT A,~CR,E,~_GE ~, ~r-] ~TYPEOFBu~LDING [' /~"~/""; ~J/~qL~ 6., COMM. IND. CB. I MISC. REMARKS Extension Basement Extension Ext. Walls Extension Fire Place I Porch /5~,~k, /~v~ )P,.zZ~_~ V/ / ~' ~ Porch m Rooms 1st Flor BreezewaY / ~ Patio Rooms 2nd Floor Ga rage ~ ~ a ~ e ~? / Driveway APPEALS BOARD MEMBERS{~~ James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Otiva Michael A. Simon Leslie Kanes Weisman TO: FROM: DATE: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Planning Board Office of ZBA August 28, 2007 TOWN MEMO SUBJECT: SCTM 83-2-4 (4.1 and 4.2) Attached is a copy of a subdivision map for ZBA application #3170 (1987), together with a copy of the tax map. An application for bluff variance was filed for lot 4.1. Would you please advise if covenants and restrictions were attached to these premises during the time the Planning Board processed the subdivision. Thank you. Ends. ROAD NOT~CE ~ COUNTY OF SUFFOLK (~) I ~ .... '~" SOUTHOLD SECTION NO