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HomeMy WebLinkAbout6367 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E Goehringer George Homing Ken Schneider Southotd Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEI:ED FINDINGS, DELIBERATIONS AND DETERMINATIO~t~tho!d ]'ov~ ~ier~ MEETING OF AUGUST 26, 2010 ZBA FILE: 6367 NAME OF APPLICANT: Kevin B. and Jeanine Faga PROPERTY LOCATION: 12632 Main Road, East Marion, NY SCTM 1000-31-14-8.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 3, 2010, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A Letter dated April 21, 2010 confirming inconsistency was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (I,WRP) standards. This memorandum is based upon the Applicant's original, and subsequent, revised site plans. However, grant of alternative relief, instead of the variances as requested in this variance application, will substantially increase the setback measured between the nearest comer facing the water side, the cantilever balcony facing the waterside, and also the setback to the wooden bulkhead on Orient Harbor. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 17,532.58 sq. ft. non-conforming parcel in the R-40 District. The northerly lot line measures 103.35 feet adjacent to another property. The easterly lot line measures 142.69 feet from the northeast corner of the parcel to the southeast comer, which extends a short distance beyond a wooden bulkhead abutting Orient Harbor. The southerly lot line measures 120.86 feet along the shoreline roughly parallel with the bulkhead, and the westerly lot line measures176.52 feet from the shoreline to the northwest corner of the paine1. The property is currently developed with portions of the foundation remaining after the demolition of the original single family residence that existed on this site. There are also two small sheds which are proposed to be removed, identified as structures E and C on the site plan. The foundation remains and accessory structures are shown on the site survey drawn by Jeffrey T. Butler, P.E., P.C. dated June 19, 2008, revised several times, and last revised on Feb 2, 2010. BASIS OF APPLICATION: Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single- family dwelling at less than the code required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead dwelling and foundation were removed, this is a deviation from original gram No's. 6281 adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel 1000-31 - 14-8.2. Page 2 - August 26, 2010 ZBA File#6367 Kevin B. and Jeanine Faga CTM: 1000-31-14-82 RELIEF REQUESTED: The applicant proposes to construct a new two story single family dwelling, partly on the reconstructed remains of an old foundation, and partly on newly constructed foundation. The Applicant proposes a westerly side yard setback of 9.3 feet, and a setback from the wooden bulkhead of 27.3 feet. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on July 29, 2010 submitted an alternate site plan which relocated the proposed structure, and increased the setback from the bulkhead to 55+- feet to the closest corner, and 51.6 feet to the closest corner of the proposed cantilever balcony. The latest, alternate, site plan also changed the originally proposed non- conforming side yard setback of 9.3 feet, to a conforming setback, bringing the plan into more conformity with the codes. The alternate site plan survey was drawn by Jeffery T. Butler, and is dated July 29, 2010. ADDITIONAL INFORMATION: The Applicant had previously requested variances in ZBA files// 6281 and #6243. At that time the Applicant proposed building alterations and additions to the existing single family dwelling located in a non-conforming location on this property. The final amended Application requested a variance for a 9.2 foot side yard setback, and a variance for a 25.5 foot setback from the bulkhead for renovations to an existing structure, and also a variance for a 30.6 foot setback from the bulkhead for a proposed new two-story addition. In a decision dated April 14, 2009, the ZBA granted the variances as applied for, with several conditions designated for the protection of the waterfront environment. Subsequent to the granting of the variances, the Applicant proceeded with a complete demolition of the existing single family dwelling, leaving only the remains of a partially damaged foundation. This action effectively nullified the #6281///6243 ZBA decision, and removed the pre-existing non-conforming status that had existed for the building. This led the Town Building Dept. to issue an amended Notice of Disapproval dated Feb. 3, 2010, which was followed by this new appeal #6367 to the ZBA, for the consideration of granting new variances for new construction on the site of the demolished building. These events directed the ZBA to re-assess the Applicant's current situation, with the renewed focus upon granting the minimum variance relief necessary for the Applicant to construct a new single family dwelling on the parcel. The ZBA received an alternate site plan submitted by the Applicant on July 29, 2010, and this site plan situates the proposed building in a much more conforming area of the property. The relocation of construction thereby achieves the goal sought by the ZBA to grant the minimum relief necessary for the Applicant to achieve the benefit of a new structure, while preserving and protecting the environment of the neighborhood. The Applicant's estimated $15,000 value of the remnants of the existing old foundation, considered in relation to the overall cost incurred with the proposed new construction, does not present a sufficient or compelling reason to re-create new substantial non conformities on the property. The submitted alternate site plan also shows proposed new construction at a greater distance landward of the Coastal Erosion Hazard Line than any previously considered plan, as is shown on the latest site survey dated July 29, 2010. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 22, 2010, and on July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3){b)(1). Grant of alternate relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicant will have conforming front yard and side yard setbacks. The Applicant will have a non-conforming setback from the bulkhead. However, this setback will be within the average range for other non-conforming bulkhead setbacks within the neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant of the construction of a new single-family dwelling on this site, can be achieved by the granting of alternate relief, rather than through the granting of more substantial area variances, as applied for. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial since it is a 26%+- reduction in 75 foot Page 3 - August 26, 2010 ZBA File#6367 Kevin B and Jeanine Faga setback from the bulkhead required by Town Code. However, as noted above the proposed non-conforming setback is similar to others in the neighborhood. 4. Town Law §267-b(3){b)(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, provided that gutters and leaders tied into a drywell are installed on site to prevent roof runoff and a landscaped buffer along the bulkhead is established according to best management practices for protection of water bodies, will mitigate potential adverse impacts on the physical or environmental conditions. 5. Town Law ~267-b(3)(b)(5). The difficulty has been self-created by the demolition of the existing structure. 6. Town Law ~267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single family dwelling on the waterfront, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Dinizio, and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF exactly as shown on the site plan survey prepared by Jeffery T. Butler and dated July 29, 2010. With the following conditions: Gutters and leaders tied in to a drvwell shall be installed on the new dwelling to prevent roof runoff A 15 foot landscaped buffer of native grasses and other drought tolerant native plantings such as rosa rugosa shall be established along the bulkhead moving landward toward the proposed dwelling and shall be continuously maintained. Before appl,/ing for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey and architectural drawings conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of t~,~Q~oard: Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Horning, Schneider. Th~" R~'olutio,n was duly a. dopted (5-0). Approved for Filing ~/2_ /2010 SEP q Southo.d Town LINE / 5'Tq'dBOL LE®END E 'T 55' 0 0 \\ -- \\ TEST HOLE DATA TIE: 202.5,~' ADBP-,EVI ATI ON9 AE~V --- ABOVE APE --- ALCOVE PINI~HEE) ELOOR AFC --- ABOVE FINIDHE~ CA ~-- gAgE, gAUgE gV --- gALVANIZEP MDT --- PiETAL NT5 --- NOT TO 5OALE O.H.--- OVER HEAP ~.C.T.M. LOT No. H/F HUKILL 800-:212-44801 811 For s~fety reasons, homeowners are stmngly LOCATION HAP: ZONINg' PlSTRICT, RE~51PENTIAL 51~ APPRE55, /r--LINE OF PROPOSED ~ ,25&~C' MAIN ROAD N AYTON BUFFE~ el~ DATA, ~XleTIN~, // HAP NO. ~1~O~4~ - AE q ~¢VD Iq2q) // ~ HOOD FA~A LOT ~,1) / EX, LP % // eXISTIN, .O (4 DEPROO~ / EX. 5T% ENTRY ~oo~ 44,¢2' ~2'5 · · 5TRUc~RE 5 S TE PLAN PF~OPO~ED, IFINAL MAP REVIEWED B~ ~ .B~ ~ sEE oECI$10N # PAGP.. 1 PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (631 ) 765-4643 RECEIVED BOARD OF' APPEAL/; August 2, 2010 Attn: Leslie Kanes Weisman, Chairperson Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: Kevin & Jeanine Faga PREMISES: 12632 Main Road, East Marion SCTM:1000-31-14-8.2 Dear Chairperson Weisman and Board members: With reference to the above and pursuant to your request at the July 29TM hearing, enclosed please find copies of the surveys of the neighbors showing the side yard and set back from bulkhead. Thank you. Very truly yours, /· Q_~B&~ricia c. Moore PCM/bp encls. GUARANTEES/ND/CA TED HERE ON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURLY IS PREPARED, AND ON HIS 8EttALF TO THE COPIE$ OF THIS SURVEY ~IAP NOT BEAI~ING THE LANO SURVE¥ORS EMBOSSED SF..4L SHALL N 51.16 00'E MAIN ROAD NYS RT 25 SURVEY OF D£SCRIBED PROPERTY SITUATE MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: WILLIAM L. CLAYTON IBARBARA A. CLAYTON N/F ~AIoRANA TM// 1000-031-14-015 N 64'05'00"E 25.03' 158.27' PIPE 3? GARAGE WOOD STEPS (U C} o o Z WOOD STEPS (UC) WELL O 27' 3¸1' 0 SURVEYED: 20 OCTOBER 2001 SCALE 1"= 20' AR£A = 18,843 SF. OR 0.453 ACRES SURVEYED BY STANLEY J. ISAKSEN, dR. P.O. BOX 294 NEW SUFFQLK. N.Y 11956 651-734-5855 GUARANTE£D TO. WILLIAM CLA'rq'ON LICENSED LAND SURVEYOR BARBARA CLAYTON 22 ,~ o~ s,ow ~oC ~s,~,c~. ~,~ or w~¥ s~a ou~ NYS Lic. No. 49275 0 IR~06~ -: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A, ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as them appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Faga, Kevin & Jeanine Weingart, Bryan R. & Holly A. Unexcelled LLC Anello, Robert & Beth Southold Holding LLC Meskouris, Chris Hildebrand (Chrism) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) 6367 6368 6369 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION TOWN OF SOUTHOLD MEMORANDUM PRo~ECEIvE£~ BOARD OF APPEALS To: From: Leslie Weisman, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~"~/ LWRP Coordinator Date: April 21,2010 Re: Coastal Consistency Review for ZBA File Ref. No. FAGA #6367. SCTM# 1000-31 - 14-8.2 Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243), adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel 1000-31-14-8.2 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. The proposed action is located within Flood Zone X in areas determined to be outside of the 0.2% annual chance floodplain. However, the parcel is located in a coastal location and may be subject to erosion and/or wind damage during storm events. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. 3. Move existin.q development and structures as far away from floodinq 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 proposed residential structure does not require a location on or in coastal waters, is not a water dependent use and is not public. Due to lot size and configuration, relocation of the structure may be practical. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bulkhead to the proposed action is approximately 27.3 feet; a minimum setback distance of 75 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 or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. It is recommended that the Board further the above policies to the greatest extent practicable. In the event that the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a minimum 15 foot landscaped vegetated buffer be required. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009 Pursuant to Chapter 258, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 TO: Jeff Butler for K & J Faga 206 Lincoln St. Riverhead, NY 11901 Please take notice that your application dated January 4, 2010 For permit for demolition & reconstruction of a dwelling at: Location of property: 12632 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 31 Block 1~4 Lot 8.2 Is returned herewith and disapproved on the following grounds: NOTICE OF DISAPPROVAL DATE: January 8, 2010 Amend: February 3, 2010 RECEZVED The demolition & reconstmction of the dwelling is a deviation from a ZBA Grant Alternative Relief dated 4/14/09 hearing numbers 6281 and 6243 which approved relief for additions & alteration. The Site Plan submitted by J. Butler, PE last updated 2/2/10 indicates the dwelling removed and proposes foundation reconstruction. The proposed construction is not permitted pursuant to Article XXII Section 280-116B. The site plan indicates a setback from the bulkhead of 27.3'. Also, the proposed construction is not pemfitted pursuant to Article XXIII Section 280-124. The site plan indicates a setback from the side yard of 9.3'. Authorized Signature A~nendment based on new site plan by J. Butler, dated 2-2-10 & amended plans of 1-18-10. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A TO: JeffButler for K & J Faga 206 Lincoln St. Riverhead, NY 11901 Please t~,ke notice that your application dated January 4, 2010 For permit for demolition & reconstruction of a dwelling at: Location of property: 12632 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 31 Block 14 Lot 8.~2 Is returned herewith and disapproved on the following grounds: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Janu~a~_ 87 2010 The demolition & reconstruction of the dwelling is a deviation fi-om a ZBA Grant Alternative Relief dated 4/14/09 hearing numbers 6281 and 6243 which approved relief for additions & alteration. The Site Plan submitted by J. Butler, PE last updated 11/20/09 indicates the dwelling removed and proposes foundation reconstruction. The proposed construction is not permitted pursuant to Article XXII Section 280-116B. The site plan indicates a setback from the bulkhead of 21.3'. Also, the proposed construction is not permitted pursuant to Article XXIII Section 280-124. The site plan indicates a setback fi-om the side yard of 9.2'. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A Fee: $ Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECEIVED Date Assigned/Assignment No. uOAi-~O ~)P APPEAr __ Filed By:. House No. i~;k3'~;~Street/t}9~ .~/ /~, ~C, Hamlet ~'~--~' /~dod Lot Size/7.~.~ Zone SCTM 1000 SectionO:~t/Block t~/Lot(s) _~ ,~- I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED /~ ~'~//~ BASED ON MAP DATED // - ~ ~O~ NOTE: In addition to the above, ple~e ~mplete below if application is signed by applicant's attorney, agent, a~hitect, builder, contract vendee, etc. and name of~ who agent repr~ents: NameofRepresentative: ~/~ f. ~'~ f'~ for(~Owner, or ( )Other: Agent'sAddress:~ L,/I/~.~/d <~?~-7', Telephone~/-~c~ - ~.~Z~' Fax #:(~ Please check box to specify who you wish correspondence to be mailed to, from the above names: E Applicant/Owner(s), or [~horized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPE. CTO~. REVIEWED MAP DATED ~ and DENIED AN APPLICATION~DATED ?r -~/-~'t9 ~ FOR: ~uilding Permit Cd [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article~gT ¢! Section 280- It'g ~ Subsection Type of Appeal. An Appeal is made for: ~ariance 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 property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) APPLICATION TO THE SOUTHOLD TOWN BOAR ~D.OF APPEALS For Office Use Only Fee: $ /~.D'() Filed By: Office Notes: Date Assigned/Assignment No. l House No./,~3,~ Street t~O. ,'d ~,~0 SCTM 1000 SeetionOg/ Block/~t Lot(s) ~'. ~, Hamlet (:~'~ //ff,,~qto.~ Lot Size l ?~ S'3~9. S~ Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED Applicant(s)/Owner(s): ,~'o,,,n/ I~ t ~'~/v,/v~ ~".~,6t9 MailingAddress: ~! ~7'o/x/L~'/--~g-/gg/r' pr. AD , ~'<..q~,.~ ~2/O~ ~ ~L ~. {~.b"~.~ Telephone: t~?q~ 7~. - ,.gt~-,,,} Fax #: ~/~'..q'~ ~t~ 8"~, ~ Email: NOTE: In addition to the above, please complete below if appllcation is signed by appllcant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: X~,z.~o~ ~'. ~7'/.. ~r~.., f- ~'- for (~O'~wner, or ( ) Other: Telephone~t/~-~:~.g't~ Fax #'~t'-~?~97'- ~,~ Email: 0'~l~x~'r~.~-/~tgt~/--oe~ Please check box to specify who you wis~ 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~J)ATED FOR: [3qluilding 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 Section 280- Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280oA. [] Interpretation of the Town Code, Article Section [] Reversal or Other prior appeal [] has, [] has not been made at any time with respect to this property~ UNDER Appeal No.~.~ ¥~Year ~,O t~ . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ~,~ 6 ~ ZBA File 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 ~'relief requested ~s not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or (0~o. Are there Covenants and Restrictions concerning this land: ~o. [] Yes Ivlease furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect thc character of the neighborhood and the health, safety, and welfare of the community. Check this box (~}ff lF A ,]2S.~VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHEDUSEVARIAN~: (Pleasebe~oconsultyourattomey.) ~ ~g~~Ja~t or ~4:horized Agent ~. ~' \ (A~ent i~ust submit written Authorization from Owner) day of/V' ~20~ ~ ANGE:LO TROCC~ Notary Public. State of N~w"~tnrk ' N_dlll~6B~689 Suffolk County. , Comm. Expires July 30,'~ (.~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: t/~ I. For Demolition of Existing Building[ Areas Please describe areas being removed://p/'~,.e/,~ 76~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: t/$ ~'-~($'/ fl/v~ o ~' · a-/~- ~ Dimensionsofnewsecondfloor:~'.~-~.~.~.~. !~9·a',,~.7~, 16~ t'~~ /Z,~-~tS$,~.n~ Dimensions of floor above second level: A/o t ]~n~ Po") ~ O ' Height (from finished ground to top of ridge): ~! t~ o Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: AJI~, III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors~nd General Characteristics BEFORE Alterations: /~ 5re,/Zy Number of Floors and Changes WITH Alterations: ~ -~:x~a~ ~'e..,aoO c.o,n~?~,, IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ! ~"$ Proposed increase ofbuildingcoverage: t.o~ 7.~ Square footage of your lot: / 7, ~'~¢R. Percentage of coverage of your lot by building area: / ·. V. Purpose ofNew Construction: LLPW~q?'~ A/O4/ ~o~ ~.,n~6.,s~lrr' VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject~gremises listed on the real estate market for sale? [] Yes ~qo ~oohere any proposals to change or alter land contours? [] 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 with this application? g~-~ 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~'~--5 Please confirm status of your inquiry or application with the Trastees: P~-,¥~,, ,q6 2~ ~ ~..,,-qt't~AJ 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? M~9 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~ (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: ~>~t.,,~,0.r ::3~'~t,,~.2. - l,~a.~. ~J~P t4,sena,t, ola~'~. G. Do you or any co-owner also own other land close to this parcel? /[/tO the proximity of your lands on your map with this application. Ifyes, please label H. Please list present use or operations conducted at this parcel 5' ~ ~. ~- ~'"~ ~ '7 and proposed use ~: z t~rd~o ~:A,o'~, ~e (examples: existing: single-family; proposed: same with garage or pool. or other d6scription.) ~nature and Date 2/05; 1/07 04/06/2010 13:09 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 ~ECL~VED BOARD OF APPEALS FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patricia C. Moore. This information is intended solely for use by the individual entity named as the recipient hereof If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. DATE:~t. ~ ~ {~ TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TP~NSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. comments: 04/06/2010 13:10 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA 002 ~EcE~VED 8OARDOFAPPEALS Kevin & ,l~anine Faga April 6, 2010 Palzicia C. Moore, Esq. 51 (~)20 Main Road So~thold, NY 11971 Dear Ms. Moo~: I, Kevin Faga, on behalf of myself and my wife, Jeanine, authorize you :o make any and all :~pplieafions and appear on our behalf to the Town of Southold Zoning Board of Appeals and any other necessary agencies on our behalf regarding properties located at 12632 Route 25, East M~ion, New York (setm: 1000-31-14-8.2) g00/g0O~ x~l 0£:0! ~Q~ 010~/90/~0 PROJECT I.D. NUMBER 817.20 Appendix C State Environmental QusIIty Review SHORT ENVIRONMENTAL ASSESSMENT FORM Por UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To i~e completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. 3. PROJECT LOI~ATION: 5. IS PROPOSED ACTION: 6. DESCRIBE PR~ECT BRIEFLY: SEQR 7. AMOUNT OF LAND AFFECTED: Initially ,O? ~" act# Ultimately ,, ('~"~" asr# 8. WILL PRO~S~ION COMPLY ~H ~ING ZONING OR ~H~ ~ING ~ND ~E R~ONS? ~. W.AT~ .R~E.T t~O USE ~" V~="~ OF ""eJECT? 10. DOSS ACTION INVOLVE A PERMIT APPROVAl. OR PUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, ST^T~ OR LOCAl? ~Y. ~-~ NO If y~o list Igl~s) and ~ 11. D~S ~Y AS~ OF THE A~ON ~VE A ~RR~Y V~D PE~ ~ ~AL7 Il the action la In the Coastal Ares, and you are a state agency, Gomplats the Coastal Assessment Form before proceeding with thin assessment OVER PART II--ENVIRONMENTAL ASSESSMENT ('To be completec~ by Agency) C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING. IA~,wers may De hanow~tlen. ,I ~eg~=~e) O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARAC't'ERISTICS THAT CAUSED THE ESTAS!.tSHMENT OF A CEA? E. I$ THERE, OR IS THERE LIKELY TO E~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~--~ Yes ~ NO If Yes, expl,in ~elly PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified alxwe, determine whether it LS sul~stential, large, impo~lant or otherwise significant. Each effect ShOuld ~e assessed in connection with its (Ii setting (La. urban or rural}; ~0) eroba~illty of occurnng; (c) duralion; (d) irreversibiJity; (e) geograd~ic SCOldS; and (ii magnitude. It nscsssacf, add attachments or reference eupoorbng matertale. Ensure t~at exe~enafions contain suiticient detail Io show that all relevant adverse imgects have I~een identified and adequately addmsse~. If question D of Part II wes checked yes, the determination and significance must evaluate the potential, imDact of the prol=osad action on the environmental characlerietic:s ot the CEA. [] Check this box if you have identified one or more potent)ally large or significant adverse irfl'~,acts which MAY occur. Then procsed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any sugporting documentation, that the proposed action WILL NOT result in any significant adverse environmental imoacts AND provide on attachments as necessary, the reasons supporting this cletermination: 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. (Last name, first name, middle i~'itial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance 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 ~ 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 of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ./22. day of ~,~,--.-~ Signatul'e:/~'~~ ~, / Print Na~ ~ ~[~', ~t:~c~-~ -' ~" -~>~z~." ~,' .'- "' "' "'" -'"-~' -~"'~'",' :' '" . .. , .,..~: . ~.'.-... · ~. :" . - ... ,~y~e.)- .. ...... . . . , :.:~.....-~.-' ..?~-........:-... . . ... .... . --,~. . ... ,--. · .:.. ..--... ....t ... · ..... :...'.~a~..'....'S, :.- -...:.~-.. :.~ ~.:~. ..: . -:.......:'. :..-. :.:-. '-" '-...-'-e*~'o~,~ . ' ' .' ' . - ~-:. '.~ -_.-~... -.1 .. :; .. '. : .. ': -~,~, ...~... ~.. :~- . ....:...~....~.~......:. , ..~: ~ - .,...... .. ,. ,.........:. .:.. .. · '. -.. .'.. .~:~'~e. ho~..:. '. ' -~.~." :'..:- '. . .: · '. .'. .-:.": -'.. ". ." "- ~.you ,~,~, '.' · ~' ,- ; - .' ~-~"'~n~ '" ' ',-- .'.. ~ ~1' · '.... ~ . .....,......-.~.~, :..:... :....... ~ ~.. .- ~. .' '~: ....-~ ...... :..:.......... .-(... . - ., . .... . · . ..... · . .. :'~.~. .'- .. . . ., . . - .. · . ..... , -. ... ..... , : -~.....~a~,~d~. - - -. .. ...~D~,lo~)~or. ' ~-' .. i . ....- a~)~'t. -., .'.-. :. .. · . -~ ~,~).~ ~g, p~ ~,b~ ~ ,. .... - ~ -. . · . · · ....... ' ....... · - . ~ka, -. " - .. · .... ~at . · . - ' ~ . .- A)~O~of~t~5~ ...... . _.... - . ., · ....... . ... . . .. . -. ~. ~.~ - .. ~- .... . . ..... ~ · . . · . . .. .. '. . ~ .~ '~tmom~,.~,p~ ... -- . . ::'. :. .. '.' . -.-:. .-. .- .. . -. . - . ';; - .. .': .' .. . .... . AGRIcuL~IJRAL-DATA sTATEMEN~F ZONING BOARD OF APPEALS TOWN OF SOUTHOLD operatioa(~). 1o.~. t~t ~00. ~t of th6 .bo~mdary b'f ~c 9~os~ proj~. (~f~a6on may be a~ilable ~u~ .. · .~he .To~..A~o~ Qms, 'To~' ~1 .l~on .'(765-~ 93~) or bom. ~y .public. ~mput~ at .*e To~ ~1 .. l~fionS by ~ng ~e p~l n~,On ~ ~o~ 9f'S~old Re~ ~ope~ T~x S~.' - . . ,' ... .' . .' .I.. · · ' "- '.' -;' ". ., ' ....' . . .'. . '. · 2.' ' ' ". - ' . ',. '..' : ..:.' '.'. .:. ' . .. .,' " ~: . ' '.. -'" - ' .- ....3. '. ' ': - - : '~ ' · ' . ', '. '..' ' '' ' '.,- · ' '-.'' ' · . .'. ....~ '...'..' , . .-....:... · ."--~'..' · .: .. . .:.: . :. .. .'-. · . .... :". '.: 6. ' · ' :. ' ::" '.. '" , . -:.'.. ' " .~.'. ' . '.'~ " ~l~e ~ ~ck side of~ge if ~ ~'s~ pm~ o~e~ ~ idenfifi~.)' · N~6.' . " . '.. ' ' · ".: ' . "' . . . · '' .-' · ' ..- ~.~ Town of Southold A. INSTRUCTIONS LB~RP CONSISTENCY ASSESSMENT FORM All applicants for permits* including Town of Southold agencies, shall complete this CCAF f~r 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.northfork.net), the Board of Trustees Office, the Planning Depar~nent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# O'~ / / ,g - ~o 6', ~ The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature ~d~ extent of action: Location of action: Siteacreage: ,r?/~"21~ .?~, Present land use: Presant zoning classification: 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: ,,~,~,.,e ~ (b) Mailing address: ~ ~..,s~.~,~ (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 [] No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [--~es [~ No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III --~ages 3 through 6 for evaluation criteria [-~ Yes [] No--[--'~LS--I Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria ~-~es ~-~ No [] Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No [~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No ~ot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold, See LWRP Section III - Policies Pages 32 through 34 for~aluation criteria. [] Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. ~e LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [--] No [~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria.[] ~ ~Not A Ye~ , No pplicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L~P Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No~L_~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evalu~on criteria. IqYes I I Nol ·lNotApplicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pa~(65 through 68 for evaluation criteria. ~-~ Yes [~ No ~Not Applicable Created on 5/25/05 11.'20 AM M. V ice-President ~ Jill Doherty, Peggy A. Dickerson Dave Be rgen Bob Ghosio, Jr. October 21,2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Town I-Iall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 ~ P~ECEIVED BOARD OF APPEALS Mr. Jeffery T. Butler, P.E., P.C. 206 Lincoln Street Riverhead, NY 11901 RE: KEVIN FAGA 12580 MAIN ROAD, EAST MARION SCTM# 31-14-8.2 Dear Mr. Butler: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, October 21, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #6931 and Coastal Erosion Permit #6931C to construct the proposed addition on the east side of the dwelling 25.5' from the bulkhead; square-off the structure on the west side of the dwelling; and replace or repair the original foundation, and as depicted on the revised site plan prepared by Jeffrey T. Butler, P.E., P.C. last dated February 19, 2009, and received on September 18, 2009. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, James F. King President, Board of Trustees JFK:eac Jeffrey T. Butler, P.E., P.C. Architectural and Engineering Services January 25, 2010 Elizabeth Sakarellos Zoning Board Appeals Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 RECE~/ED BOARD OF APPEALS 1~: Application of Kevin B. & Jeanine Faga (SCTM 1000-31-14-8.2) Dear Elizabeth, Attached as requested are the following: · Original and 7 copies of first page of the application · Original and 7 copies of authorization to act on behalf of owner · 8 copies of the latest Board of Trustees Permit In addition, please note that the detached garage shown of the site plan which was denied by the building depamnent is not part of this application to the ZBA. The detached garage is part of the applicants future plans and all applicable permits will be applied for when the applicant wishes to move forward with that improvement. Please do not hesitate to call this office with any questions. Sincerely, r, P.E. Jeffrey T. Butler, P.E., P.C. Architectural and Engineering Services 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 ~ECEIVED November 20, 2009 VIA FAX BOARD OF APPEAt-q Mr. Gerard P. Goehringer Town of Southold Zoning Board of Appeals RE: Application of Kevin B. & Jeanine Faga #6281 anal 6243 (SCTM 1000-31-14-8.2) Dear Mr. Goehringer Pursuant to our conversation yesterday, I am writing to ask that you confirm with the Board that the decision granted and the subsequent resolution written allows for the existing dwelling to be removed as necessary to comply with FEMA regulations and the New York State Building code requiring 2 feet of freeboard to be added above base flood elevation to the first floor. The discussion we had during the first hearing was to put language into the decision which protects the applicant in the event that the floor system could not be salvaged and the foundation had to be repaired as a result of the demolition. The stipulation v~as that the final product must conform to the dimensions of the site plan on file. We were held open for a month for the purpose of adjusting our setbacks for the addition and including this language in our application. The applicant has been issued a stop work order by the building department until this issue is clahfied because the building department objects to the first floor being removed prior to reconstruction. Please do not hesitate to call this office with any questions. Sincerely, -- er, P.E. Cc:Mike Verity RECEIVED Authorization (where the applicant is not the owner) BOARD OF APPEALS I, Kevin Faga residing at 1200 Waters Place, Bronx, New York, 10461 do hereby F~,,~ authorize Jeffrey T. Butler to apply for variances from the Zoning Board of Appeals with the Town of Southold on my behalf. AUTHORIZATION (where the applicant is not tire owner) (print owner of property) residing at (mailing address) hereby authorize (Agent) Southold Boai~Trustees on my ~"~n e r!s' ~(gn atu re) [ behalf. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (63 l) 765-1802 Fax (631) 765-9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD STOP WORK ORDER To: Kevin B & Jeanine Faga 31 Stoneleigh Road Scarsdale, NY 10583 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 12632 Main Road, East Marion Suffolk County Tax Map number: 1000-31-14-8.2 Pursuant to Section 144-13 & 280-153 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Going beyond scope of building permit #35122 issued 10/30/9. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When approvals have been issued from Trustees, Zoning Board and Buildin¢~ Dept. DATED: November 18, 2009 (cert. mail) Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. ~c~,~ ~. Gary F/i~h// / Buildihg Inspector FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35122 Z Date OCTOBER 30, 2009 Permission is hereby granted to: KEVIN B & JEANINE FAGA 31 STONELEIGH RD SCARSDALE,NY 10583 for : CONSTRUCT ADDITIONS/ALTERATION TO EXISTING SFD PER APPROVED PLANS, ZBA#6243&6281,TRUSTEES#6931,DEC AS APPLIED FOR. FLOOD PERMIT REQ'D at premises located at 12632 MAIN RD EAST MARION County Tax Map No. 473889 Section 031 Block 0014 Lot No. 008.002 pursuant to application dated SEPTEMBER 29, 2009 and approved by the Building Inspector to expire on APRIL 30, 2011. Fee $ 992.80 Authorized Sign~ature COPY Rev. 5/8/02 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631 ) 765-9502 SoutholdTown. Nor th Fork.net Exptmlion ,20 PERMIT NO. BUILDING PERMI~I~PLICATION CHECKLIST Do you have or need the following, before applying? Beard of Health 4 sets of Building plans Planning Board approval Survey. Check Septic Fot~n N Y.S D E.C Trustees Flood Permk Conlact: Mail m: Building Inspector APPLICATION FOR BUILDING PERMIT Date /'/7/ INSTRUCTIONS ,20/41) 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 builthngs on premises, relationship to adjoining premises or public streets or c. The work covered by this application may nm be commenced before issuance of Building Permit. d. Upon approval of this application, thc Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout thc 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 Occopancy. E Eve~ building permit shall expire iftbe work authorized hes 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, Ibc Building Inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building D~partment for the issuance of a Building Permit pursuant lo the l~uilding Zone Ordinance of the Town o f Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admil authorized inspectors on premises and in building for necessary inspections. (Signature of appticam or name, ifa corporation) (Mailing addr~s ofappli~nt) [ [ ~/ Stale whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrici~, plum~r or builder (As on the t~ roil or I~test deed}/ .... ~ ~ I f~licant is a corporation, sign~ure of duly authorized officer ~ '~ (Na~e and title of corporate officer) Builders License No. Flmnbcrs License No. '1~ Electricians License No. "r~ Other Tradc's License No. I, Location of land on wh. jc~ proposed work will be done: I ,~ ~ ~..~ IIousc Number Street Hamlet County Tax Map No, I000 Section O -'~ / Block /'~/ Lot ~;'. ~ Subdivision Filed Map No. Lot 2, State existing use and occupancy of premises and ilgended use and occupancy of proposed construction: a. Existing use and occupancy ~ t~' ~-~,~'t;~n.r,< ~' b. Intended use and occupancy ~> fl /~"~ '~:~',~/t;' ~ 3. Nature of work (check which applicable): New Building Addition ~ Alteration ~ Repair Removal ~ Demolition Other Work~6-~z-.r~--.~-~.~,~-t 7l> ~-~d/'~O 3ttuqfl (Description) 4. EstilnatcdCost I~ :~[r.~ ~ Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units, i Number of dwelling units on each floor J If garage, number of cars t~'~) 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. . ! 7. Dimensions of existing structures, if any: Front,,~'d'~. ~ , Rear o~-.2. Height cJ-~ / Number of Stories ! ~, Dimensions of same structure with alterations or additions: Front Depth ~ .O / Height ,.-3//4~ ~' Number of Stories o1, ~ 8. Dimensions of entire new construction: Front Rear .Depth Height Number of Stories Size of lot: Front ,~/_3 ~ Rear / o3'~9 / Depth I 0. Date of Purchase "~:~ Name of Former Owner I I. Zone or use district in which premises are situated ~) - t~O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES a,~ NO__ 13. Will lot be re-graded? YES__ NO t,~Will excess fill be removed from premise.s? YES t,,~ NO 14. NamesofOwnerofpremises/ff~u.~ F~ Addres~~: ~PhoneNo. 7~'~fl/~ Name of Architec~Add~s~Phone N~ / -~ ~ Name of Contractor ~ Address~ ~ ~ Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b, Is this property within 300 feet ora tidal wetland? * YES I~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17 Il'elevation at any point on property is at l0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUN FY OF \]&-~/t~,~ ~'. ~7'~.t,:~g-~ f' i being duly swom, depe~s m]d says that (s)he is the applicant (Nmne~findividual signing contract) above named. (s)Hc ,s the (Contractor, Agent, Corporate Officer. etc.) of said owner or owners, and is duly authorized to perform or have performed the said wm-k and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will bo perlbm]cd in the manner set fmlh in the application filed therewith. Sworn (o bolbre me this day of 20__ Notary Public Signature of Applicant New York State Department of Environmental Conservation Division of Environmental Permits, Region One $ UNY @ Stony Brook 50 Circle Road Stony Brook, NeW York 11790-3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 TIDAL WETLAND LETTER OF NON-JURISDICTION Alexander B. Grannis Commissioner Mr. Kevin B. Faga 200 Waters Place th'onx, NY 10461 Re: UPA#I-4738-03838/00001 Facility- 12632 Main Road SCTM#1000-31-14-8.2 East Marion June 27, 2008 Dear Mr. Faga: Based on the information you have submitted, the New York State Department of Environmental Couservation has detemfined that: Tile property landward of a substantial man-made structure (bulkhead) which is more than 100 feet itl length and existed on or before August 20, 1977, as evidenced on Aerographics Photo# 76-2128 and survey prepared by Van Tuyl & Son dated 12/9/71 and shown on the Site Plan prepared by Jeffrey T. Butler dated 9/13/07, is beyond Article 25 (Tidal Wetlands) jurisdiction. There fore, 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 j m-isdictional 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 disturbance ~o 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 hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. ~erely. / Laura Scovazzo Permit Administrator cc: J. Butler, P.E. BMHP File FORM NO. 4 TOWNOF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32413 Date: 06/19/07 · ~IS CERTIFIES that the building Location of Property 12632 MAIN RD (HOUSE NO.) Co%~nt¥ TaxMap No. 473889 Section 031 Su~ivision Filed Map No. __ DWELLING EAST MARION (STREET) (HAMLET) Block 0014 I~t 008.002 ~ot No. confo~s substantially to the Require~nts for a ONE F~J4ILY DWELLING bu/lt prlor to APRIL 9, 1957 pursuit to which C~TIFIC_A~ OF OC~3PANCY~J~ERZ- 32413 dated J~3NE 19f 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE F~ILY DWELLING WITE 2 ACCESSORY STORAGE SHEDS* The certificate is issued to MARY H DIAZ of the aforesaid building. ( OWNER ) W/A N/A N/A -- +~uthr/iz~Signature Rev. 1/81 VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. DESCRIBED PROPERTY' EAST MARION, TOWN OF $OUTHOLD SUFFOLK COUNTY, N.Y. Office Location: 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 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 April 28, 2009 By Regular Mail and Fax Transmismon 727-8033 Mr. Jeffrey T. Butler, P.E.P.C. P.O. Box 634 Shoreham, NY 11786 Re: ZBA File No. 6281 and #6243 - Variances (Faga Premises) Dear Mr. Butler: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the April 14, 2009 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, ~a ~walski Encl. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 July 29, 2010 Leslie Kanes Weisman, Chairperson and Board Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: Kevin & Jeanine Faga PREMISES: 12632 Main Road, East Marion SCTM:1000-31-14-8.2 Hearing: July 29, 2010 Dear Chairperson Weisman and Board members: In 1972 the Zoning Board of Appeals granted Perry Hukle (Appeal #1495) a variance to subdivide the parcel with approval of access (280A) (attached). The original property contained two dwellings, the waterfront parcel contained the Faga dwelling. The houses were positioned on each property to maximize the open space between the two homes. In Appeal #6243 dated 4/14/09 the Board granted the applicant the right to construct additions and alterations to the existing house and raise the exiting foundation to comply with FEMA. The applicant had agreed to increase the setback from 19.1 feet to 25.5 feet by cutting back the house and foundation of the existing structure. However, during construction the builder found the condition of the existing dwelling was inadequate and the wood structure was demolition to the foundation. The applicant wishes to reconstruct the same house previously approved in Appeal #6243 dated 4/14/09, as amended in February 2010 in accordance with the Trustee's recommendations. The applicant wishes to re-use the existing foundation to the greatest extent possible. The reconstruction of the house continues to maintain the character of the area, the house approved in appeal #6243 remains a modest house with increased setbacks from the bulkhead on the existing foundation. The proposed house, as originally planned, does not impact the location of the sanitary system and leaves an open easterly side yard. The existing house on the northerly parcel retains some open space views and maintains the character of the two lots (SCTM#1000-31- 14-8.1 & 8.2) . With the assistance of Jeff Butler, P.E., the following approximate setbacks of the neighboring dwellings to the bulkhead are provided: Kevin & Jeanine Faga: Original House (C.O.) 19.1 feet House on existing foundation(as cut back)at closest point 30.1 feet second floor Cantilevered balcony (no posts): 21.3 feet Proposed addition on east (House 34.4) (porch 29.8) The proposed 14.2 x 22.7 two story addition to living space was relocated to the landward side of house (based on Trustee discussions-relocated to landward side) Note the site plan shows the conforming "Building Envelope": (75 setback to bulkhead and 100 foot setback to wetlands) The proposed house, even on a new foundatin, can not fit within legal building envelope without a setback variance from bulkhead. CHARACTER OF AREA: approximate measurements Neighbor immediately to the east (SCTM 31-14-15) House setback to bulkhead: 25 feet Setback to Deck: 15 feet Lot Area 18,500 sq. ft. Neighbor immediately to the west on oversized lot (SCTM 31-14-11) (Sofia Antoniadis) House setback: 100 feet Setback to Deck: 88 feet Lot Area 75,200 sq. ft. in r-40 that this property is roughly 4 Faga property) Zone (It should be noted times the size of the SCTM 31-14-9 (ZBA variance #4667 4/8/99) House Setback to Bulkhead: 47 feet Deck setback to bulkhead: 41 feet Lot Area 24,100 sq. ft. SCTM 31-14-14 House Setback to bulkhead:22 feet Lot Area 18,000 sq. ft. SCTM 31-14-10 House setback to bulkhead: Lot Area 21,000 sq. ft. 33 feet The averaqe setback of the four properties to the east which share similar lot areas with the Faga property is 28.75 feet to the dwelling. Mr. and Mrs. Faga are proposing 30.1 feet to the dwelling. The average of the four similarly sized properties to the east using deck setbacks, the average becomes 28 feet. We are proposing 27.3 feet to the second floor cantilevered balcony. It should also be noted that all four of the properties to the east appear to have side yard setbacks less than the required 10 feet. We are asking for 9.2 feet, the existing setback of the foundation. A house has stood in this location for over forty years and is a minimal side yard variance. If you look further west, to the houses along Rabbit Lane, which are also similarly sized to the Faga property, you will find numerous dwellings with bulkhead setbacks of less than 15 feet. with regard to the comments made by Ms. Sofia A. ntoniadis, not previously addressed by Mr. Faga. As to Health Department review and approval, the extension of the water line is under review by the SCWA due to funding changes and in response to objections by Orient. The SCWA was prepared to provide public water to this property. 'If public water is not available, the property will be served by a private well. If a new sanitary system is required, it will comply with the Suffolk County Health Department regulations. Mr. and Mrs. Faga will obtain an amended Health Department approval, if necessary, once the site plan is finalized. The water and sanitary issued will be addressed accordingly. The location of the existing sanitary system maximizes the separation between neighboring wells and sanitary. The relocation of the house may impact the location of the well and/or sanitary. The sanitary can not be closer to the bulkhead and if it is relocated either north or west, it may impact the distance to neighboring wells. Mr. Butler has advised me that we currently comply with the sanitary regulations as they apply to Ms. ~untoniadis's property. As previously stated, the plans were prepared after many months of review, planning, and significant expense. Mr. and Mrs. Faga would like to use the same construction plans. The proposed relocation of the addition to the landward side does not require a complete redesign of the proposed house and incorporates the recommendations of the Trustees. Alternatively, moving the proposed house on a new foundation, up to the 35foot front yard setback, would continue to require a variance from the 75' setback to bulkhead. Contrary to the neighbor's assertions, the application of the front yard setback (35'), the 75 foot setback to the bulkhead, together with the 100 foot setback to the wetlands does not leave a reasonably sized footprint. The building envelope which complies with all code requirements would result in a footprint which is long and narrow (the house will look like a mobile home, out of character to the waterfront homes in the area) and greatly impact the northerly adjacent property. We ask that you grant the variances, as applied. If the Board does not support use of the existing foundation, we ask that alternative relief be considered with the opportunity to discuss the plan with the Board. Thank you for your continued courtesies, Very ~1~ yours, ~_~~ ~o~re appeal .................... of the Zoning Ordinance ami the decision ot the Bulldin~ inspector ( ) he reversed ( ) be ~c~ira,~b~e $1ll~ ;F,H, (E.~,T.)~ ~pon application si i/, Pe~,y ae~;~'~ ~t~ ~e, ~to~ l~, ~t~ 301, ~ ~ %~ ~l~de ~e~ a~ ~ off lots ~ith (b) The hardship crealed, (ia) (is not) unlqu~ a~d (vamld) (would not) be shared by all properties alike in tho immediate vicinity o/ this propert~ and ~ the same use district because ( wolzld not) Na~Jovio I~l~ma~t~ ,~sc~etapy Form ~BI (Continue on other side) ~ ~d oo~ o~ ~ot0 vt~b' ~ns~F~o~ou~ ~os, and ~ ap~oul OF aeoeas ~er ~tvate FtS~ oF-va7 tn aoo~anee ~ ~a~o Of Hew T~k T~ ~v, bo~ 28~) on ~o~ looa~ed aa app~od f~ s~bJeot to apprffa~ of tb ~u.l~i~ JEFFREY T. BUTLER, P.E., P.O. ~06 LINr. OLN STREET F~IVERHEAD, NEW YORK 1 I gD 1 (631 ) ~-08-SSSD Licensed Professional Engineer July 29, 2010 Town of Southold Zoning Board of Appeals Re: Kevin and Jeanine Faga SCTM #31-14-8.2 Dear Members of the Board: I am in receipt of the letter from the Trustees to this board dated July 27, 2010 regarding this application. In the letter the Board President stated that they are considering moving the dwelling further landward of the bulkhead and in line with neighboring dwellings. It should be noted that after meeting with the Trustees staff yesterday, it was apparent that this comment was generated in response to the applicants site plan dated 11-20-09 (see attached). At the conclusion our last hearing with the Trustees, the Board President made it clear that when we come back to the Board, be prepared to discuss the option of removing the seaward 14.2 x 22.7 two story area and replacing it with the same size structure landward of the main section of the dwelling, thereby effectively moving the dwelling landward to be in better conformance with the neighboring dwellings. The proposal before this board reflects that comment and increases the main dwelling setback from 19.1 feet to 30.1 feet. The proposed second story balcony is 27.3 feet landward of the bulkhead. The Trustees would not review this proposal until your board completed its findings. Respectfully Submitted, ABBP-.IEx/IATI ONS SITE PLAN I I I T~T HOL~ DATA i I I I AREA COVERAGE CRART: ~e~ ^~^, (~ ~ PROPOSED SITE PLAN: ZONING INFORMATION: RESIDENTIAL DISTRICT PROVIDED: 65'-6" 1 oF'l Office Location: 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 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 76fl-1809 Fax (631) 765.9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZBA Files # 6281 and # 6243 - KEVIN B. and JEANINE FAGA, Applicants PROPERTY LOGATION: 12580 Main Road, East Marion CTM 1000-31-14-8.2 PUBLIC HEARINGS: February 19, 2009 and March 19, 2009 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under Consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a x'eply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 17,532.58 square foot parcel measuring 142.69 feet on the east, 120.86 feet along Orient Harbor on the south, 138.29 (44.62 feet + 93.87) feet on the west, and 103.35 feet on the north. The lot is improved with a single family house and three sheds, as shown by a survey prepared by Jeffrey T. Butler, P.E. dated June 19, 2008. Page 2 - April 14, 2009 7,BA #6281 and #,6243 - K. and J. FAGA, Applicant~ CTM 1000'31°14'8.2 BA~qLq OF APPLICATION: Requests for Variances un'let Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single- family dwelling at less than the code-required minimum of 10 feet on a single side. yard and less than 75 feet from the existing bulkhead adjacent to Orient Harbor. FINDINGS OF FACT The Zonipg Board of Appeals held a public hearing on this application on February 19, 2009 and March '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: LWRP DETERMINATION: A letter was received on February 6, 2009 from the Town LWRP Coordinator recommending the proposed action to be inconsistent under Chapter 268, Waterfront Consistency Review of the Southold Code and LWRP standards. The reason stated for this inconsistency is that the building is set back is less than 75 from the bulkhead. Consistency with the LWRP policies will be improved by removing part of the house closest to the bull~head to increase the setback from 19.1 feet to 25.5 feet, which will be the same setback of the proposed addition. The ZBA proposes that a 10 foot non-turf buffer along the bulkhead be required in accordance with the LWRP recommendation. AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a setback from the bulkhead of 21.5 feet and 25.5 feet at its closest points, and to allow westerly side yard setback of 9.2 (and 9.5 feet). AMENDED APPLICATION and ADDITIONAL INFORMATION: By letter dated February 23, 2009, an amended application and 2-19-09 revised site map prepared by Jeffrey T. Butler, P.E. were submitted on February 23, 2009 in which the setback to the bulkhead proposed in the original application was increased from 22.4 feet to 25.5 feet for the proposed second-floor porch and increased to 30.6 feet fo~ the proposed two-story (18' x 16') addition, covered entry porch, and alterations shown Page 3-April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31'14'8.2 thereon. The amended application also includes a request for a reduction of the west Side setback from the code-required minimum of 10 feet to 9.5 and 9.2 feet. Also, the applicants are raising the house eight (8) inches to meet the minimum elevations under FEMA regulations and filling within the basement. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3~(b~(1). Grant of the variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The minimum setback of the existing house will be increased from 19.1 feet to 21.5 feet. The Proposed second-floor porch addition will be set back 25.5 feet from the b~ll~head and the proposed two-story addition at 30.6 feet. The decrease in the side setback from 10 feet to 9.3 feet will be a result of squaring off th~ existing one-stery wing of the house pursuant to removal of a portion of that section of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of an increase in living space cannot be achieved by some method, feasible for the applicant to pursue, ether than an area variance. The existing house is in a nonconforming location. An addition on any side of the house would also require variances. 3.. Town Law Section 267-b(3}Co}(3}. The proposed variance with respect to setback from the bulkhead is substantial, but not with respect to the existing house, which is closer to the b~llrhead than is the addition. The variance for a side yard setback will be 7 percent. 4. Town Law Section 267-b(3}(b}(5}. The difficulty has not been self created. It is a consequence of the original dwelling having been constructed closer to the bulkhead than subsequent amendments to the code permitted. Page 4 - April 14, 2009 ZBA #6251 and/46243- K. and J. FAGA, Applicants CTM 1000' 31' 14-8.2 5. Town Law Section 267-b(3)(b}(4), No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying tt~e balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GI~kNT the variance as applied for, subject to the following CONDITIONS: 1. There Shall be a minimum non-turf, vegetated buffer 10 foot landward of the bulkhead;: and 2. Gutters and drywells shall be installed to contain roof run-off; and 3. If any of the original foundation has to be replaced or repaired, it must conform to the dimensions of the site plan given to ZBA. 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 applibant's diagran~s 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, Page 5 - April 14, 2009 ZBA #6281 and ~6243 - K. andJ. FA(IA, App~~'sntz CTM 104)0-31'14-8.2 setbacks and other features as are expressly addressed in this action. The Board reserve8 the right to substitute a similar design that is de mlnlmis in nature for an alteration that does not increase the degree of nonconformity. / c~ P. C~h~, c~-~ f~? ]2009 Approved for Filidg ACTION OF THE ZONING BOAED OF ApPI~AL~ (b) The lUu. a.htp created, (is) (is not) unique and (va~ld) . (Would not). be shared by ail prbperite~ allk~ in the immediate vicinity of this propert~ and in the ~nme use district I~'caUSe (e). /'ne variallee (doe,s) (doe~ no}) ob~we the spirit o~ the O~d~an~e ancl (would) (would net) .,~a there~or~ it was ~vrther determined that the reo. uested variance. ( ) be granted ( ) 'be ~1.~1 and Af~e~ ~nveo~la~on and ~nspoo~on ~he Board ~*~nds ~ha~ alrpXloan~ ~oqueo~f permission ~o d~v~de pFope~*~2 and so~ orr w~h ~ns~olen~ a~ea, and roF ap~.ovaX or aeoeae over · ~.of.w_a~ ~n aooox, danoe vL~h ~ho s~a~e of bv ~ro~k Town ~Lav, bo~on 2~A on p~opo~F Xooa~ed on ~ho oou~h stde or )tarn (S~a~e) Road, Bas~ Jia~on, Hew ~ro~k. Tho ~oa~d ~o ~n a~*eemon~ u~h Feaoon~n~ of ~ho applioan~. Tho ]5oa~d finds tha~ p~uoe p~ao~oal dirr~oul~et or a~eoeoa~ ~dah~pj ~ h~d- p~opo~ and se~ err lo~o v~h' ~nsufriolon~ a~ea, and ~e S~ven app~ou~ of aeoeos ~e~ p~vaee F~-o~-waT' ~n aoo~Sanee wi~h ~b ~a~e of Hew T~k T~hw,'~ bo~on 28~, on ~o~ loou~od on ~ w~h stale or ~n (s~aee) R~d, Bas~' ~, Hew Y~k, as applied foF,. lub~eo~ ~o appF~al of ~b ~uA~i~ Xnspeo~o~. ,iF" ~OOO-$ I- 1-4 -~. ?_ TOWN OF SOUTHOLD PROPERTY1ECORD CAED "' bYlop ~ OWNER STREET I ~-~:~ ~ ~. VILLAGE DIST. SUB. LOT .. ~ ) O~j SEAS. VL FAR/~ COMM. CB. MlCS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ~oJ~~ ~z~o ~oo ~/~ ~,~ ' ' "' ' .... '1' I , / Till~bl~ FRONTAGE ON WATER W~land FRONTAGE ON ROAD ~ DEPTH ( ~ ' - ~ V. H~ PI~ BULKH~D To~l Extension Foundat lo:-, Basement i3ath Floors ELIZABETH A. NEVILLE: RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville January 22, 2010 Zoning Appeal No. 6367 Transmitted herewith is Zoning Appeals No. 6367 of Jeffrey T. Butler for Kevin & Jeanine Faga - thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, 5 Pages of Photos of Property, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Authorization Letter from Kevin Faga to Jeffrey T. Butler to Represent them in this Matter, Application for Building Permit Dated January 4. 2010. Notice of Disapproval from Building Department Dated January 8. 2010, DEC Tidal Wetland Letter of non-Jurisdiction Dated June 27, 2008, Copy of Certificate of Occupancy Pre Existing Dated June 19, 2007, Board of Appeals Findings & Determinations #6281 & 6243 Dated April 14, 2009, Board of Appeals Dated January 31, 1972, Property Record Card, 5 Pages of Plans for Renovation & Addition Dated January 4, 2010 Prepared by Jeffrey T. Butler P.C., Site Plan Showing Location Map, Area Coverage & Zoning Info Dated June 19, 2008 Prepared by Jeffery T. Butler P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1/15/10 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6367 FAGA, Kevin & Jeanine 1996 $600.00 JAN 2 0 20]0 Southold To~ Cleri ; $600.00 By ~ Thank ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 01/20/10 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 69397 Reference Subtotal 6367 $600.00 Check#: 1996 Total Paid: $600.00 Name: Faga, Kevin B 31 Stoneleigh Road Scarsdale, NY 10583 Clerk ID: CAROLH Internal ID: 6367 JUL-28-2010 14:61 July 26, 2010 Zoning Board of Appeals Leslie Kanes Weisman, Chairperson Town Hall Annex Building 54095 Main Road PO Box I 179 Southold, New York 11971 Sofia Antoniadis 12500 Main Road, PO Box 413 East Marion, New York 11939 (646) 201-3560 P.O01 JUL 2 8 2010 BOgRD OF f~PPE~LS Letter of Protest and Objection Kevin & Je~ine Faga #6367 12632 Main Road East Marion, New York 11939 SCTM# 1000-031-14-008.2 Dear Chalrperscm Weisman, As the owner of the western adjacent property to the referenced matter, please accept this third letter in response to the variance request by Mr. and Mrs. Kevin Faga. This letter is a letter of protest and objection and I request that the variance being sought under Section 280-124 and 280-116B be denied, .._As per my previous 1..e~tters,. a variance is~o~ .required as there !s a suitable building cave. lope to build the Fagas' brand new structure in accordance with town codes. As you are already aware of the c/rcumstances, a previous variance was granted in January 2009 for the original structure to be modernized, however, the Fagas failed to abide by such variance and instead the original house was demolished 100% to the ground. Since the demolition went beyond the scope oftbe original work permit, a stop work order was ordered. I understood from the Fagas that they were "stunned" that their contractor would mistakenly demolish the entire 2000 square foot structure instead of the 50 square foot, as per approved plans. It still baffles me that as a homeowner such a mistake could occur without the Fagas knowledge since demolishing an entire structure costs much more and requires additional planning (i.e. turning offfdisconneeting services) than removing 50 square feet. At this time there is no existing structure what so ever on the site end as I understand the town code, a new structure must comply with the town code since tiffs is now a case of new construction and no longer a case for renovation since no structure exists. I em also baffled why Mr. Faga focused his April 30th letter of protest on work performed on my home and not focus on his request for a variance. As you may know, the work which was performed on my bulkhead was in compliance with applicable town codes and was performed by a licensed contractor. It should be pointed out that I incurred a great deal of costs to comply with existing town codes and I did not seek a variance to make an end run around town codes because as a Southold town resident I respect and acknowledge that the town codes are for the good of the residents as a whole. In submitting my letter of protest, I reviewed the available building folders at the Building Department and the Zoning Board of Appeals to confm~a that my letter of protest has merit and is correctly submitted. As I have said before, we were very happy for the Fagas when they bought their JUL-28-2010 14:6t P.O02 property and only wish them well and we only request that they now abide by the town ex>des like everyone else. Again, this letter of protest is not personal and is being submitted to confm'n that the current town codes will be enforced with the Fagas, as these same town codes have been abided by other landowners in Southold in order to preserve the very beauty and nature of our town. The points raised below are part of the basis of my protest: 1. Since the original structure, which was built prior to 1957, has been demolished in its entirety, please do not refer to this application as a renovation or modernization because there is no structure to renovate or modernize and the only structure to be considered should be a new construction structure, which must be built in accordance with the current town code. 2. The new structure should be built in accordance with the town's setbacks since the property is large enough to do so. 3. There was no Health Department Approvals in the original file. I understood that under the original variance application, the original structure was to remain in place with the existing septic system. As I pointed out in the first hearing on this matter, I spoke about my concerns about septic and water as the old septic system was only 5 feet fi.om my property line. My concerns have not been addressed. Since as of today the original structure has been fully demolished and that new construction is being pursued, I strongly insist that the Health Deparanent review the new construction and approve all water and septic system, especially since as a layperson, I am finding inconsistencies and inaccurate statements in the file. I also fred it very disturbing that an applicant has the ability to self certify as to compliance, when a fil~ is riddled with inaccurate statements, ~ ntted in points 4 ~thd 5 below, and mistakes'(such as the contractor mistakenly destroying an entire structure when approved permits were for a minor removal), which only leads one to doubt the veracity of any self certification for this file and as to compliance of any future permits. 4. Furthermore, the site plan submitted contains a material error. The site plans delineates that on Route 25, the Main Road, "Ex/st/rig water main" is present. That is not so....in fact there is no public water available to this section of East Marion and as a matter of fact, Suffolk Water has not even succeeded in obtaining Trustee Approval for the extension of the water main to our section of East Marion. Therefore, if the site plans contemplate that the new construction was going to obtain water from a public source that is incorrect and misleading. The only water available on the property is well water and since I believe Health Department regulations require that a weI1 must be 150 fee~ away from a septic system, I cannot see how this health regulation can been complied with in granting the sought variance. 5. The Faga revised Application to the Southold Town Board of Appeals, which was submitted to the Board on January 26, 2010, had a project description of the area removed is 45% of the existing dwelling. This is a false and misleadin~ statement since by the date of the January 2010 filing, Fagas' contractor had already demolished the entire structure and not just 45%. Again, I don't understand how such a false and misleading statement could have been stated in Fagas' Application to the Board in January 2010. In addition, the new Faga Application is for new construction in its entirety, however, the Application presented to the Board states that the purpose of the new construction is to "update non code eotnpliant features cfa d~elling including systems which have reached end of expected life cycles". This is misleading statement since there is no existing dwelling or structure of any type to update, again JUL-28-2010 14:62 P.O03 how can such a statement be made. This is new construction which should be built in accordance with current town codes. Furthermore, the new Application does not address the updating of the septic systems. I understand that it is quite possible that original (now destroyed) structure's septic system may have been /n place before 1957 so there would be no existing records. What I question is that I was given at one point a 2008 site drawing(attached) which was scm to me (but I believe was later rescinded) that shows installation of a new sanitary system. However, work for a new sani~-y system is not shown on the new Application. I don't understand how the new Application says it will update non code compliant features of a dwelling when there is no existing dwelling and there is no mention of a new sanlta.~ system. Since there are no remaining features of the dwelling to update (because the entire structure has been destroyed) and if a sanitary system is not being installed, what exactly is the new Application updating to a non existing structure? The new Application also states that there are intentions to conform to all previously approved setbacks and previously approved footprints. This is a misleading statement because it implies that the or/ginal structure was built in accordance with previously existing zoning laws. The original structure was built prior to Southold Town Zoning of 1957, as same is shown as a cottage on a 1950's survey. The property in question was once one and the same with the front lot, but was separated into a separate parcel in 1972 by Perry Huklll for the occupancy of his daughter Mary. When the pamel in question was separated it was done so under "hardskip" since it probably didn't comply with any codes. No where is it noted that the original structure was ever in accordance with approved setbacks so saying that the new construction wii1 be in accordance with previously approved setbacks is misleading. The demolished stracture was permitted as a "hardship" and since the demolished structure no longer exists, it is not appropriate to refer to it. Now that the original structure has been fully destroyed, it should only be replaced with a ne.w co .nstmction to b?.bu.ilt in full.compl!~nce with Southold town c. ode. On April 19, 2010, I wrote a letter of protest to the variance. My letter was read by Mr. Faga and he submitted a response letter dated April 30, 2010. As I read his letter, I found that it was unrelated to his situation and appeared to me as a letter of retaliation and purposeful character deformation to create a distraction for the Board and tc make me look like a bad neighbor. Nonetheless, I would like the Board to know that his allegations are false and misleading. His negative portrayal with relation to Maria Xefos is uncalled for and ridiculous. All work performed on my prope~y was with a permit. Whether it was the fence replacement (photos of old fence and survey markers in my permit folder clearly indicating that the work was performed on my property and no encroachment occurred), the bulkhead, the deck, the buffer, and, farthcrmore, all this work was performed using local licensed contractors with valid DEC and Southold permits. Over the past few years, some work was also performed by me and husband but I understand there is noth/~g prohibiting homeowners like us from doing se, in fact, my hnsband MichaeI maintains an active Suffolk County Contractors License. Also, Mr. Faga was issued notices on some of these permits prior to the Trustee hearings which he obtained by oertified mail. I can understand Mr. Faga's frustrations in tackling a construction project, but m create false accusations as a distraction because his ease lacks any merit is not appropriate and is insulting to me and I would ttfink to this Board. Mr. Faga's letter stated that I am complaining about his house size. As you may know, the size of the new structure is not the issue, its placement in relation to the property setback is. We only request that the Fagas build their new structure away from my property line and away from the bulkhead in accordance with town codes. Mr. Faga and his family are new to Southold. My family has been here for close to fifty years. Mr. Faga did not see the waves of destruction Hurricane Gloria produced nor did he witness the April 2007 storm that destroyed 25 leer'of my bulkhead and created a 25' by 25' hole in my properly. He did not witness the waves crashing over the bulkhead while sitting in his house. If he did, JUL-28-2010 14:62 P.O04 believe me, he would be sure to move his residence as north of the bulkhead as possible. The rules and regulation are in place for envkonmental and human life safety and should be applicable to all. Also, the Board should know that my initial concern was solely for the water and septic systems in relation to mine, however, now that the original structure has been destroyed my concerns are that any new structure be in compliance with the town codes. Please also remember that for the past year, my "better views" have been of an abandoned construction site that is a danger and eyesore to me and my neighbors. Mr. Faga has also fo~otten that I planted over 200 holly trees for privacy at no cost to him as he will be benefit from same as much as I will. I ask the Board to review all information carefully and to be sure to preserve the safety of my well water and to keep the new structure, including any chimney, access doors, and air conditioning units away from my property line all in accordance with the town codes. I do not want to appear as "the bad neighbor", but I bel/eve I have to the right to know that new construction should be in accordance with the town code. This construction project has already created animosity between me and the Fagas, which is unfortunate, we only ask that the Fagas, like everyone else does in town, just abide by the town code. Thank you for your consideration. James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town H~lAnnex 54375M~n Road P.O. Box 1179 Southold, NewYork 11971-0959 Telephone(631) 765-1892 Fax(631) 765-6641 TO: FROM: DATE: RE: BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Zoning Board of Appeals Jill M. Doherty, President Board of Trustees July 27, 2010 Kevin & Jeanine Faga 12632 Main Rd., East Marion SCTM#31-14-8.2 In response to your request, our Board has not completed our review of the proposed project, however, we are considering moving the proposed dwelling further landward of the bulkhead and in line with the neighboring dwellings. Please let us know if we can be of any further assistance. 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO Date: July 21, 2010 To: Southold Town Trustees From: Board of Zoning Appeals RE: Faga application Comment: We have a hearing scheduled for July 29, 2010 for Kevin and Jeanine Faga, located at 12632 Main Rd., East Marion, to construct ora new dwelling. We are requesting comments from your Board in regards to this property. Thank you. STATE OF NEW YORK) COUNTY QF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn,,says Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Ma~ituck, in the Town of Southold, Coun~ of Suffolk and State of New YOA, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for ~ week(s), successively, commencing on the 15~ dayof July, 2010. 'Prihcipal Cle~ Swom to before me this ~ dayof ,~~ 2~,/' CHRISTINA VOLINSKI Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, July 29, 2010 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 1t79, Southold, New York 11971-0959, on THURSDAY~ July 29, 2010: 1:30 P.M. KEVIN & JEANINE FAGA #6367. (adj. from 4/22/10 PH) Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243) adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel 1000-3t-14-8.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold.ny. us. Dated: July 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54376 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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 June 30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 2010 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 July 14th: 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 all 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 dur n,q the hearing, providing the returned letter to us as soon as possible; AND not later than July 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, 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 July 21st: 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 July 27, 2010. 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 FAGA, K. & J. #6367 MAP # 31-14-8.2 VARIANCE SETBACKS REQUEST Demo/Reconstruct dwelling DATE: THURS,JULY 29, 2010 1:30 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 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 July 15, 2010 Attn: Vicki Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: FAGA # 6367 SCTM: 1000-31-14-18.2 HEARING DATE: THURSDAY, JULY 29, 2010 Dear Chairman: With reference to the above, enclosed please of mailing, copy of letter to neighbor and postal Thank you. find affidavit receipts. Very truly yours, Patricia C. Moore By Margaret Rutkowski mr encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KEVIN & JEANINE FAGA (Name of Applicant) SCTM Parcel #1000-31-14-8.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, MARGARET RUTKOWSKI, residing at Mattituck, New York, being duly sworn, depose and say that: On the !/-/7-~/day of July, 2010, I personally mailed at the United States Post Office in Southold, 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 official 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 applicant's property. MARGARET RUTKOWSKI Sworn to before me this"*'1'''l''Tl'f day~ PATRICIA C, MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16, ~:~2.J/7/ 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. FAGA NEIGHBOR LIST SCTM: 1000-31-14-8.2 WILLIAM & AMELIA HUKILL PO BOX 394 EAST MARION NY 11939 SCTM: 1000-31-14-8.1 SOFIA ANTONIADIS (MARIA XEFOS ON TAX ROLL) PO BOX 413 EAST MARION NY 11939 SCTM: 1000-31-14-7 WILLIAM CLAYTON & BARBARA ANDERSON CLAYTON 12832 ROUTE 25 EAST MARION NY 11939 SCTM: 1000-31-14-15 MARTINE MAIORANA 12680 ROUTE 25 EAST MARION NY 11939 SCTM: 1000-31-14-13 RECEIPT RECEIPT RECEIPT 7192 6463 3110 c~oo 74~8 7192 6463 3110 0000 7439 7192 6463 3110 0000 7415 FROM: FROM: FROM: PATRIClAC MOORE PATRICIAC MOORE PA3~ICIA C. MOORE RE: FAGA ZBA heating RE: FAGA ZBA hearing RE: FAGA ZBA hearir~ RECEIPT 7192 6463 3110 0000 7422 FROM: PATRICIA C MOORE SEND TO: ~MLLIAM & AMELIA HUKILL PO BOX 394 FAST MARION NY 11939 FEES: POSTMARK OR DATE~ PATRZ£TA £. MOOR£ ~1020 ~AIN ROA~ SOUTHOLD NY 11971 SEND TO: SOFIA ANTONIADIS PO BOX 413 EAST MARION NY 11 g39 SEND TO: FEES: FEES: Return Re~cei~p~ 230 · $ ~.54~ T 4 7192 6463 3110 0000 7415 t, Articte Addressed TO: WILLIAM CLAYTON & BARBARA ANDERSON CLAYTON 12832 ROUTE 25 EAST MARION NY 11939 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 Received [~y: (Plea~rint Clparly)/ // SEND TO: MARTINE MAIORANA 1268~ ROUTE 25 EAST MARION NY 11939 FEES: 7192 6463 3110 0000 7408 Article Addressed To: WILLIAM & AMELIA HUKILL PO BOX 394 EAST MARION NY 11939 PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Sen4ce Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 7439 7192 6463 3110 0000 7439 t. Article Addressed To: SOFIA ANTONIADIS PO BOX 413 EAST MARION NY 11939 PATRICIA C- MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivep/ 7192 6463 3110 0000 7422 t. Article Addressed To: MARTINE MAIORANA 12680 ROUTE 25 EAST MARION NY 11939 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KEVIN & JEANINE FAGA Regarding Posting of Sign Upon Applicant's Land Identified as 1000-31-14-8.2 Tr' RECE[VED AFFIDAVI ' JUL 2 $ 2010 OF SIGN POSTINi~OARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On th~~ day of JULY, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which h~ursday, JULY 29, 2010. ~a C. Moore Sworn to before me this c~- dayofJuly, 2010 *near the entrance or driveway entrance of the property, as the area most visible to passersby. O~ Page 1 of 1 From: Kevin Faga [kfaga@FagaSavino.com] Sent: Monday, May 03, 2010 6:41 PM To: Toth, Vicki; Patricia C. Moore Subject: [NEWSENDER] - Faga residence - East Marion - Message is from an unknown sender Attachments: EMarion. ZBA.43010_20100503174310.pdf Dear Ms. Toth, Please accept the attached letter in response to that of Sofia Antoniadis, opposing our application for a variance. We never wanted any of this to happen. We apologize for the trouble our builder has caused the Town. We know we bear responsibility for his actions, and ask only for a chance to correct his mistakes. Thankyou. Kevin B. Faga, Esq. Faga Savino, LLP 399 Knollwood Road White Plains, New York 10603 (914) 592-0601 (914) 358-1381 fax 5/4/2010 I~£VllV B. FASA April 30, 2010 Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54095 Main Road PO Box 1179 Southold, New York 11971 Re: CTM Parcel 1000-31-14-8.2 Response to Letter of Sofia Antoniadis Dear Chairperson Weisman, Please accept this letter in response to that of Sofia Antoniadis, dated Aprill 9, 2010, protesting and objecting to the requested variance. I cannot tell this Board how upset my wife and I were to read Ms. Antoniadis' letter. If only she had contacted us before leveling her misplaced allegations, we would have been happy to advise her that we, too, were stunned when we learned the house had been demolished. We did not act in bad faith toward our neighbors or the Town. We had no idea the contractor planned such action. In fact, during contract negotiations, the contractor asserted the difficulty of renovation versus new construction, as a factor in his pricing. Believe me, we feel more betrayed and wronged than our neighbors ever could. Addressing Ms. Antoniadis' letter, not only are some of her assertions self- contradicting (She complains the removal of the house created wind damage, yet does not want the house rebuilt or wants it relocated. She complains of the size of the house, yet has told us of her intentions to expand the house on her property.), but over the last 2 summers, we have witnessed and been subjected to what we believe to be repeated violations of Town Code, on the part of Ms. Antoniadis. During the summer of 2008, Ms. Antoniadis' husband, Mike, ran his backhoe daily, removing trees and other thick vegetation within a few feet of the bulkhead, as well as clearing an area for what they told us was to be a carriage house. We were told the carriage house was to be for Ms. Antoniadis and her husband to live in while they waited for Mrs. Xefos to pass away, at which time they would assume ownership of the property, without having to purchase it. They also removed a stockade fence along the property line, which p.rovided substantial privacy and which I believe was erected by the prior owner of our property and therefore belonged to us, without our permission. In its place, they installed a hideous chain link fence, which resulted in a total loss of privacy, and which I believe encroaches on our property, he reason for the new fence, improving their view, gives insight into Ms. Antoniadis' motivation for objecting to our project. She is not concerned about the wind or compliance with regulations. She wants our house moved to give her a better view. During the summer of 2009, we witnessed Ms. Antoniadis' husband again cut down numerous trees, including several large pine trees, along the eastern property line, within a few feet of the bulkhead. I would wager these are the trees they now tell this Board they "lost". Along with the trees, they removed the surrounding vegetation. We also endured weeks of Ms. Antoniadis' husband using his backhoe to dig a trench approximately 10 feet wide, along their new bulkhead. He would begin in the morning, about 8:00 am, and continue until the evening. We saw him use the backhoe to push and lower several large boulders onto the beach in front of the bulkhead. One was particularly large, approximately 6 feet or more in diameter. Some of the boulders appeared to have come from the excavation he was doing. He told me the boulders were to inhibit erosion. He also built the deck on top of the new bulkhead himself. It was my understanding that working on the bulkhead, building a deck and making changes to the beach required permits and licensed contractors. I do not know who their purported . contractor was, but they did almost all of the work themselves, again with Ms. Antoniadis' husband running his backhoe daily for virmaily the entire summer. Some nights, just as he shut down fhe backhoe and we closed our eyes to enjoy the silence, Ms. Antoniadis herself would fire up the riding lawnmower and mow the lawn until 8:00 pm or later. Jeanine and I believe in being good neighbors. We believe that when our neighbors improve their homes and properties, we benefit as well. We endured our neighbors' conduct, because we wish only for good relationships with our neighbors. It is unfortunate to learn that our neighbors do not feel the same. We like and try to get along with all of our neighbors. We had no intention of misleading, disturbing or upsetting anyone. We understand that we hired the contractor and are therefore responsible for his actions. We understand that we may have to modify the original plan and we are exploring the options with our architect/engineer. We ask this Board and our neighbors only for an opportunity to remedy the current situation and demonstrate our good and honest character. Thank you for your consideration. Resp.~.ec~t fully submitted, OFFICE LOCATION: ~ MAILING ADDRESS: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Jim King, President Town of Southold Board of Trustees From: Scott Hilary, LWRP Coordinator Date: July 16, 2008 Proposed Permit to Wetland Permit for KEVIN FAGA SCTM#31-14-8.2 Jeffrey T. Butler, P.E. on behalf of KEVIN FAGA requests a Wetland Permit and Coastal Erosion Permit to renovate and construct additions to the existing single-family dwelling, and upgrade the sanitary system. Located: 12580 Main East Marion. SCTM#31-14-8.2 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 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 Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the bulkhead to the proposed action is approximately 24 feet~ a minimum setback distance of 100 feet from the wetland boundary (bulkhead) 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 practicable. Further the proposed action may require a variance from the Zoning Board of Appeals pursuant to § 280-116. § 280-116. Building setback requirements adjacent to water bodies and wetlands. All buildings or structures 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 75feet from the bulkhead. § 268-5. Review of actions. F. Upon recommendation of L I, VRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the Lt'YRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the L Yr~RP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agencl~ for the determination o[.consistencl, ['or variance applications subject to this chapter. The Zoning Board o['Appeals shall consider the written consistency recommendation o['the L t'FRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activit~ consistent with the objectives of this chapter. If the action is approved the following best management practice (BMP) is recommended: 1. Require a minimum 10' non-turf, permeable buffer landward of the bulkhead. o The BMP will further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and estores tidal and freshwater wetlands 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, ~ Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 04/21/2010 13:32 FAX 631 765 4643 MOORE LAW OFFICES PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 7654330 Fax:: (516) 765-4643 ~ ZBA ~ 001 Attn: Vicki Zonin~] Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 By Fax April 21, 2010 RECEIVED APR 2 1 BOARD OF APPEALS · E:# 6367 SCTM: 1000-31-14-8.2 HEARING DATE: THURSDAY, APRIL 22, 2010 Dear Chairman: With reference to the above, Jeff Butler PE, our design professional, had a family emergency. Therefore, we respectfully request that the hearing be adjourned with a new date. ?'hank you. Very truly yours, ~'~-~'~ricia C. Moore bp encls. Sofia Antoniadis 12500 Main Road PO Box 413 [. RECEIVED APR 2 ! 2010 BOARD OF APPEAl q East Marion, NY 11939 April 19, 2010 Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 54375 Main Road (Office Location) 54095 Main Road (Mailing/USPS) PO Box 1179 Southold, NY 11971-0959 Re.' Letter of Protest and Objection Kevin & Jeanine Faga #6367 12632 Main Road, East Marion, NY 11939 CTM Parcel 1000-31-14-8.2 Dear Chairperson; As owner of 12500 Main Road East Marion, NY. My property is the western neighbor of the Faga property. Please consider this letter as a letter of protest and I request that the Variance under Section 280-124 and 280-116B be denied. A variance is not required. In January of 2009, a variance was granted to the Faga's based on the modifications of the then existing residence structure with 1,088 square feet to remain and 54 square feet to be removed and a 527 square feet as proposed addition. In addition, the two sheds were to be removed. In 2009, our family was excited for the Faga's and the renovation project. We did not protest the repairs to the residence. But, in October 2009, the entire residence was demolished down to the bare foundation walls and crawl space. There is no residence what so ever. What are left are deteriorated basement and crawl space walls. The demolition of the entire residence has created a wind tunnel. This wind tunnel was the direct cause of my losing 10 mature trees along the eastern boundary of my property this March 2010. My property has incurred a great loss, and these trees will take decades to grow and replace those which have fallen as a direct result of the existing house being completely tom down against code and deviation to original grant. It appears that in bad faith he applied for a renovation plan and he mislead the town, the zoning board by proceeding with his intention of completely demolishing the structure. As such, my neighbor waived his rights to proceed under the renovation and now must proceed as new construction. To grants this variance will encourage all other property owners to break the town rules and disregard permits and regulations. There are no extenuating circumstances; he has the land to comply with the setbacks. To grant this variance will reward his bad behavior and bad faith. Since the original scope of work seemed quite deceptive by all standards, the new residence should be · -~only. allowed if the set backs are/illlowed as new construction as there sh~d be no question that this is in fact new construction. Additionally, we want the minimum 10 foot set back adhered to and that the side entrance w~th deck and chimney shown be located past the 10 foot setback. I am also requesting that since this is a new structure it must be built at no less than the 75 feet from the existing bulkhead. The same rules should apply to ail. The revised plans that I have received from Patricia Moore's office is adding in its entirety a new residence with a minimum of 2743 square feet. This is a large home, too close to the bulkhead and will be overbearing on my property. The indications that there is an existing structure are quite misleading and fraudulent. Also, as per my letter in January 2009, I am concerned about the location of the new . septic system, well and contamination of my drinking water well. Please follow the code, there is no reason whatsoever not to. The remains of the basement are no excuse to call this project an alteration to an "existing residence" There is no existing structure and there is room on the lot to adhere to the code setbacks. To grant this variance will encourage all other property owners to break the town rules and disregard permits and regulations. Sincer~ ~m Antoniadis Sofia Antoniadis 12500 Main Road PO Box 413 East Marion, NY 11939 RECEZVED APR 2 BOARD OF APPEALS April 19, 2010 Zoning Board of Appeals Leslie Kanes Welsman, Chairperson 54375 Main Road (Office Location) 54095 Main Road (Mailing/USPS) PO Box 1179 Southold, NY 11971-0959 Re: Letter of Protest and Objection Kevin & Jeanine Faga 06367 12632 Main Road, East Marion, NY 11939 CTM Parcel 1000-31-14-8.2 Dear Chairperson; As owner of 12500 Main Road East Marion, NY. My property is the western neighbor of the Faga property. Please consider this letter as a letter of protest and I request that the Variance under Section 280-124 and 280-116B be denied.. A variance is not required. In January of 2009, a variance was granted to the Faga's based on the modifications of the then existing residence structure with 1,088 square feet to remain and 54 square feet to be removed and a 527 square feet as proposed addition. In addition, the two sheds were to be removed. In 2009, our family was excited for the Faga's and the renovation project. We did not protest the repairs to the residence. But, in October 2009, the entire residence was demolished down to the bare foundation wails and crawl space. There is no residence what so ever. What are left are deteriomtad basement and crawl space wails. The demolition of the entire residence has created a wind tunnel. This wind runnel was the direct cause of my losing 10 mature trees aiong the eastern boundary of my property this March 2010. My property has incurred a great loss, and these trees will take decades to grow and replace those which have fallen as a direct result of the existing house being completely tom down against code and deviation to original grant. It appears that in bad faith he applied for a renovation plan and he mislead the town, the zoning board by proceeding with his intention of completely demolishing the structure. As such, my neighbor waived his fights to pmcecd under the renovation and now must proceed as new construction. To grants this variance will encourage all other property owners to break the town rules and disregard permits and regulations. There are no extenuating circumstances; he has the land to comply with the setbacks. To grant this variance will reward his bad behavior and bad faith. Since the original scope of wo~emed quite deceptive by all standards, t~ew residence should be only allowed if the set backs are followed as new construction as there should be no question that this is in fact new construction. Additionally, we want the minimum 10 foot set back adhered to and that the side entrance with deck and chimney shown be located past the 10 foot setback. I am also requesting that since this is a new structure it must be built at no less than the 75 feet from the existing bulkhead. The same rules should apply to all. The revised plans that I have received fxom Patricia Moore's office is adding in its en~ety a new residence with a minlmmn of 2743 square fee~ This is a large home, too close to the bulkhead end will be overbearing on my property. The indications that there is an existing structure are quite misleading and fraudulent. Also, as per my letter in January 2009, I am concerned about the location of the new . septic system, well and contamination of my driuldng water well. Please follow the code, there is no reason whatsoever not to. The remains of the basement are no excuse to call this project an alteration to an "existing residence" There is no existing structure and there is room on the lot to adhere to the code setbacks. To grant this variance will encourage all other property owners to break the town rules and disregard permits end regulations. Sincer~L~___..._._._~ ~a Antoniadis RECEIVED BOARD OF APPEALS PATRICIA C. MOORE A~torney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEI'VED BOARD OF APPEALS Margaret Rutkowski Betsy Perkins Secretaries April 7, 2010 Southold Town Zoning Board of Appeals Southold To~rn Hall 53095 Main Road Southold, NY 11971 Re: Mr. and Mrs. Faga 12632 Main Road, E. Marion NY Dear Chairwoman Weisman and Board: I have been retained by Mr. Faga to work with Jeff Butler, P.E.. By this letter I have outlined the procedural history of this application for your records. Trustees Application June 25,2008: to renovate existing dwelling and construction of an addition to the dwelling with upgrade to sanitary system granted on July 23, 2008. (Application approved prior to new FEMA maps.) The Trustees requested, and the applicant consented, that the portion of the house which extends over the CEHLine be removed (demolished). Building Permit Application September 29, 2008: proposed additions and alterations to existing single family dwelling at 22.4 from Bulkhead, plans by Jeffrey T. Butler, PE dated 6/19/08. Plans showed existing 2 story residence to be altered, a new 2 story addition on the north side, with a small portion of the existing dwelling over CEBLine to be removed (demolished). Notice of Disapproval October 23, 2008: proposed alterations" to existing single family dwelling Bulkhead in accordance with 6/19/08 plans. "additions and at 22.4 from Zoning Board of Appeals Hearing Appeal #6243(first hearing) February 19, 2009: Discussed at hearing FEMA map changes which required the basement to be filled and the existing foundation to be raised approximately 8 inches. The Engineer anticipated lifting the house. The floor system would be raised up by 8 inches but the floor system may need remedial work. The 1 ~ story cape would require some demolition for construction of a two story dwelling. Jeff Butler did not anticipate a total demolition because the foundation would remain, some flooring structure would be retained and the outside walls ~hopefully" would stay in place. However, as the hearing progressed, the Board discussed the possibility of substantial demolition or deconstruction. Since this project, while not a total demolition, was substantial demolition, Ms. Weisman suggested that the structure could be stepped back. Recognizing that the foundation was being retained, the ZBA asked Mr. Faga to push the addition back to 25.5 feet to the bulkhead. A Revised site plan dated February 19, 2009 was prepared. The ZBA also noticed that the side yard setback of 9.3 was missing from the notice of disapproval, therefore, an amended notice of disapproval was requested. The extent of the work was discussed at the first hearing. The possibility that a significant amount of the house would be removed was discussed. Mr. Butler was asked to return to the building department to review amended plans and return to the Board. The plans were revised as a result of the first ZBA hearing. Notice of Disapproval amended on February 23, 2009. Zoning Board of Appeals, #6281 amended, and #6243, second/continuation Public Hearing, March 19, 2009: Mr. Butler submitted revised plans on 2/19/09, with the amended notice of disapproval, in accordance with the discussions at the hearing. The proposed additions and alterations to the existing single family dwelling was shown at 25.5 from Bulkhead and 9.2 from the side yard. The chairman asked if the house would be lifted and Mr. Butler, to his knowledge at the time, said yes. Nevertheless, Mr. Butler noted that remedial work was expected to the floor system and to the foundation. Mr. Butler requested that the ZBA add language to the decision which protected the applicant in the event that the foundation had to be repaired as a result of the demolition. The condition of the floor system was believed to be in better condition than in fact it was. If the floor system could not be salvaged, then there would be nothing left of the wood frame of the existing house to raise the existing house. The only remains of the existing house would be the foundation. While the ZBA decision of April 27, 2009 granted the setback variances and noted that FEMA map changes required the foundation to be raised and foundation filled, there was no specific discussion of the floor system or the extent of reconstruction of the existing house. Remedial work was anticipated but not total replacement. Therefore, the ZBA included in its decision that if any of the original foundation has to be replaced or repaired, it must conform to the dimensions of the site plan given to the ZBA. However, since the house was expected to be lifted, the work was described as additions and alterations rather than de-construction and reconstruction. Construction drawings dated August 20, 2009 were prepared and submitted to the Building Department. The building department noticed a discrepancy between the first Trustees plan and building permit plan. The Building Department directed Jeff Butler to return to Trustees to amend the permit in accordance with the revised plans. On September 8, 2009 an amendment to the Trustees Wetland Permit was filed by Jeff Butler P.E. By letter, the Trustees were informed of the revisions to the plans requested by the Zoning Board and the possibility of replacement or repair to the foundation. The Trustees granted an amendment, without a hearing, on October 21, 2009. After all the permits were issued and the contractor evaluated the construction, the contractor and Engineer found that the floor system was of inferior construction and would not meet the requirements of the building code. Moreover the floor system which remained would not support ~lifting the house". The exterior wall of the existing one story on the south side was cut back by the Trustees, consequently eliminating that wall. The existing one story sat on a slab without a floor system and the exterior wall on the north would be eliminated by the new addition. With all the modifications to the original plans made throughout the permit process, there were only two walls left and nothing to support ~lifting the house". The construction plans were prepared, and based on the deliberations and revisions to the plans during the permitting process, Mr. Butler P.E. believed that the ZBA and Trustees permits allowed the walls and floor system of the existing house to be de-constructed and reconstructed on a FEMA compliant foundation. The Building Department reviewed the construction drawings, reviewed the ZBA decision, and reviewed the amended Trustees permit, and reaching the same conclusion as Mr. Butler, issued a building permit. Construction commenced in accordance with the plans. A stop work order is in effect until the ZBA and Trustees permits are updated to conform to ~demolition and reconstruction of a single family dwelling" We respectfully request that the variances to reconstruct the house be granted. cc: Mr. Faga Esq. Mr. Butler, PE 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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 22, 2010 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~ APRIL 22, 2010: 10:30 A.M. KEVIN & JEANINE FAGA #6367. Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243) adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Parcel t 000-31-14-8.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Vicki. Toth~.Town. Southold.ny.us. Dated: March 23, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box t179 Southold, NY 11971-0959 #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RE(~ED APR ,~ 0 2011j BOARD OF APPEALS Karen Kine of MattJtuck, 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 1~ week(s), successively, commencing on the 15th day of April, 2010. Principal Clerk Sworn to before me this I ~ dayof_ ~ 2010. NOTARY PUBLIC-STATE OF NSW YORK NO. 01-V06105050 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS 13B(6), public utility, installation of an tchogue; CTM 1000-83 2-10.16. !130 p.M. q[ltEODORE C. MARTZ. IR. #6~4. Requests for Variances under Code Sections 280q8 and 280-10, based on the Building lnspectoi's Augusl 19, 2009 Revls~d November 18,2009 Notice of Disapproval and an application for a building permil £or a subdivision and constr~ction, disapproved for thc fol- lowing reasons: (1) lots merged under Section 280.10; when held in common ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KEVIN & JEANINE FAGA (Name of Applicant) SCTM Parcel #1000-31-14-8.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS BOARD OF APPEALS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the--~.~'J~'day of APRIL, 2010, I personally mailed at the United States Post Office in Southold, 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 official 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 applicant's property. .BETSY PE R~I_.~ Sworn to before me thisQ 7 day of APRIL, 2010. (Rotary Pubh¢) M^~OAn~T C. Notary Public, State of New York No. 4982528 Qualified in Suffolk County~ .., Commission Expires June 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. WILLIAM & AMELIA HUKILL PO BOX 394 EAST MARION NY 11939 SCTM: 1000-31-14-8.1 MARIA XEFOS PO BOX 413 EAST MARION NY 11939 SCTM: 1000-31-14.7 FAGA NEIGHBOR LIST SCTM: 1000-31-14-8.2 WILLIAM CLAYTON & BARBARA ANDERSON CLAYTON 12832 ROUTE 25 EAST MARION NY 11939 SCTM: 1000-31-14-15 MARTINE MAIORANA 12680 ROUTE 25 EAST MARION NY 11939 SCTM: 1000-31-14-13 RECEIPT ROM: RECEIPT 7192 6463 3110 0CO0 6821 FROM: PATRICIA C. MOORE ESQ SEIKO TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6.4~3 3110 0(X)O 6838 FROM: PATRICIA C. MOORE ESQ RE: FAGA ~ hearing SEND TO: V~LLIAM CLAYTON & FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 6845 FROM: PATRICIA C MOORE ESQ RE: FAGA ZBA hearing SEND TO: FEES: TOTAL $ 5.54 POSTMARK OR DATE PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Semite Ty~ 'j~' 7192 6463 3110 0000 6838 7192 6463 3110 0000 6838 WILLIAM CLAYTON & BARBARA ANDERSON CLAYTON 12832 ROUTE 25 EAST MARION NY 11939 PATRIC~A C. 51020 MAIN SOUTHOLD NY 11971' j A. Signature: ([3AddresseeorDAgent) Received By: (Please Print Clearly) 2. Article Number 7192 6463 3110 0000 6845 7192 6463 3110 0000 6845 t. Article Addressed To: MARTINE MAIORANA 12680 ROUTE 25 EAST MARION NY 11939 PATRICIA C- MOORE ESQ. 510~0 MAIN ROAD SOUTHOLD NY 11971 Signature: Received By: (P/ease Print Clearly) C. Date of Deliver, O. Addressee'! 4. Restrioted Delivery? 3. S;rvi~"'~ype J (Extra Fee) [] Yes CERTIFIED J2. Article Number J J 7192 6463 3110 0000 6821 7192 6463 3110 0000 6821 1. Article Addressed To: MARIA XEFOS PO BOX 413 EAST MARION NY 11939 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KEVIN & JEANINE FAGA AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-31-14-8.2 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On thel ~ d~y of APRIL, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, APRIL 22, 2010.. ~ ........ -'b Patricia C. Moore Sworn to before me this-~Zl~-- day of April, 2010 ~ Not~ry-P~fl~[ I - *near the entrance or driveway entrance of the property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FAGA, K. & J. #6367 MAP # 31-14-8.2 VARIANCE SETBACKS REQUEST Demo/Reconstruct dwelling DATE: THURS,APRIL 22, 2010 10:30 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 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, Scuthold website: http://southtown.northfork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 2010 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 April 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._! 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 writte. statement, or durin.q the hearinq, providin(~ the returned letter to us as soon as possible; AND not later than April 2nd: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, 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 April 14th: 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 Postinft for receipt by our office before April 20, 2010. 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. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 February 5, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6367 (FAGA) Amended Dear Mr. Terry: We have received an amended application for demolition and reconstruction in E. Marion. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. 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 January 15, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6367 (FAGA) Dear Mr. Terry: We have received an application for demolition and reconstruction in E. Marion. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. 2010 Very truly yours, 'Leslie K. Weisman ~iJChairperson Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 $outhold, NY 1 ] 971-0959 http://southoldtown.nonhfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January15,2010 Mr. Thomaslsles, Dire~or Suffolk County Depa~mentofPlanning 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 #6367 Action Requested: Within 500 feet of: Owner/Applicant: FAGA, Kevin and Jeanine Setbacks (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson // BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Fast Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 30, 2010 Patricia Moore, Atty. 51020 Main Rd. Southold, NY 11971 Re: ZBA Appeal #6367, Faga Dear Ms. Moore: Enclosed is a copy of the Board's August 26, 2010 determination filed today with the Town Clerk regarding your application. Encl. Copy of Decision to: Town Clerk (original) Building Department 0 LiNE , / 5T'Mt~OL LE®ENE::) , ........... , , .. .... ,:,',, _~.,,x, ~, uc~ r~kc ~'u~ pi= DESIS,~ S'fI~RI. kVTI.II~*E~ EXISTINg AI;~A~ AFTER OONSTRUCTI~.~ ~r~-~. ~~J~%~ r~' 5~TBA¢~ LINE ~ ....... ~ ~ ~SI~E ' 10¢~2 ~.FT. ~¢ ~.FT. 12~0 ~.~T. 1210 ~.~T. ~~..~ / XODnE~ /fATl~k I~ ~OPOeED ~ILDIN~ O~E (INCL~I~ PORCHES), ~v ~ ,u~ ,~ ~*T / *I~=.~¢ ~.~. = ¢.~ LOCATION ~ --' DOTTO~ OF GU~D O,H.--- OVER HEAP PFL¢~D S~E PLAN: ~o. A~ OP 91~, ~I~D2.D~D.P. (0.40~J N.C. i ~%~ ~HAY BAL~ AND SILT % OOVE~E CALCULATION, 555 A~ OO~E OHART ~ ~ ~ P~E lO' NON t~RP -- i ~ 7' ~ ~ I ~ ~ ~ ~, ~ ~ / / / ~ % ~ % 12&D2 HAIN ~AD ~? ~/ ~ X .... , ......... =, '-~ ...... % ~ ~ ' -- % V///'%{X ~ ~ ' B,~fore You Dig, Drill Or Blast! *' ~ ~ ~',. *~t?,* · ~< ..... X ~% ,~ ~//~%~5 x~ ', ', ~,~ ~.~.o~..,...,.,. / ~ ~o~ '%% ~ ",'%. ~ a~% '"'..,>.. ~_. ~ %~% V///~ · ,, ; , ~ ~ I k EXISTI~¢~ '~ X" : ~ ~ '~ ~ ~ ~ I // ~, ~FESE~E ~ ixX "'. ~P ~ ~ ~ V/ / / ~¢¢¢u~' ~ ~ 0 ~ RESIDENTIAL DI~RICT (R-40}: . ~ x~ ~7 X '('~ ... ~.~.,~.o. ~ %~ Y///A~ . . ~ ~ I N. ". () ¢'¢ X &' DEEP FOR ~IN ~ ~' LMm ~: . I X ~ ~ V'. ". / ~ ~ '[, ~ ~~ ....... 5~Z "~ PRODDED: ~17,532.~ SQ.~. ' 1/ ~ ~ / X : ~' ~ ~H ~ % % ....... , % ~ : % . ~ '~ ~~//XX~XI~rI~ ~ ~,~ MINIMUM A~OWED. 175 I ' %' ~' ...... x~ ~ J ~ ~ ~/ / ~/~TO BE RENO.S ~ , YARD REQUIREMENt: xN : N% . , . k~ ~. : :: -' ; ~ ~ ~ ~ * ~DA~D ~ ~ ' ~ ~ ~ / ~ /~~n t · , ' MINIMUM REQUIRED· 850 Sn.~. ~,~ ~, ~, ~~"~- - -' ~ ~ *~~~~ I~~4 '/:%~ , ~,~,.,, .,.~ co.~.u~o.. ~.,o. ~l IL FL~I / ~CONCRETE~ . / BUILDIng HEIGHT. ~~~~~~ ~ ~ ~OWED 35 % , k WS IO NON ~RD NU"BER OF STORIES: , ~ %~ BIUPPE~ ~. A~OW~: 2.5 ~ ~. ~ ~ I~R CONSTRUC~ON: 2.0 AREA COVERAGE CHART: DESI~,, S-i3~j. jC./fUF. E, EXISTING AI~EA, AFTER K~4:~NSTRUCTION AREA, PIRDT FLOOR 5EOOND FLOOR PI~T FLOOR 5ECO~ FLOOR ~ ~5I~E IOeq~2 ~.FT, ~& ~,FT. 12qO ~.FT. 12"/0 ~ DHED (TO B~ ~D) ~D.~ ¢~.~T. ~ ENTEY ~R6H DI.SU ~.FT. ~ POI~H q2 TOTAL ~O~RINT), 1~20.~ ~.FT. 141~.53 TOT~ (LIVIN6 A~, 15bSb2 ~.~T. 25~0 DESIGN C;~ITE~IA,- PI~OPO~ED FRONT ELEVATION I t~EAR ELEVATION Io¢3 FEB 3 20]0 Pt~OPOSE~ RIGHT SIDE ELE'v'4,TION LEFT GIDE ELEYAT[ON FEE] 3 2010 GECOND FLO01~ PI..,N~I, CLO. 6~ On 412m P1ECH DEN Pf~OPO.~EID FI~.~T FLOOt~ 23'4. 'FEB 3 2010~ -- ~ PAGE: 3 of'..3 PAGE: I oF'l ~ 51DE IELEMATION PAGE: 2 of' '1 K-.ITCHEN 44, $. PROPOSED FIf~T FLOOf~ L SECOND FLOOf~ PLAN ATTIC SECTION LINE / 5¥MBOL LE®EN[::) E T O O \\ -- \\ TEBT HOLE CATCH DAEIN ~AB VALVE JNATER VALVE MANHOLE COVER UTILITY POLE LICHT POET MONUMENT ETAKE HYOP~NT ABB~EVI ATI ONS MET --- FtETAL NTS -~- NOT TO SCALE VlF --- VERIFY IN FIELD i TEST HOLE DATA (TEST HOLE PUC BY, HcDONALD ¢EOSGIENGE ON ~UNE 2&, 2008) Il' AREA COVERAGE CHART: DE-~I¢., ~TRL~G~)RE~ EXIGTIN~ AREA, AREA T~ BE REMOVED, ] AREA TO REMAIN, PROPODE~D AREA, FIRST FLOOR 5ECONO FLOOR FIROT CLCNDR 5ECONO FLOOR ~ RESIDENCE 54.~ ~.PT. ~IP~E (FOOTPRINT) I¢D~2 2~.OO 5~.FT. 2~D.O 5~.FT. ~ PORCH ~,Sq 9~.FT, ~ ENTRY PO~H 25.~ ~.FT. EXIGTIN~ ~lLPl~ COVE~E~ PP4DPODED BIJILI~IN~ COVERAGE (INOLUDIN~ PO~HEg), Pf~gPOOEP LIVIN¢ AREA, 1~5D4~2 ~.FT (EXISTINO) + D¢O32 Ex2.FT. (PJ~OPOSED) = 2445.~4 Ex2LFT. (TOTAL) PLAN 6 LOCATION HAP: PROPOSED SITE PLAN: EXISTIN¢, ±1"/,5~2.585.p. (0.40DACJ N.C. /~ HAT BALE¢ AN~ SILT CO~ GA ION: ~E A~A CO~ GH~T ~ ENGE TIE = 202.56' ~ JOLAYTO DUPFER TURF s OD ~AT , ~ . HAP ~, 8~1~000~4~ - AEq ~¢~ ~ ~ ~ 126D2 MAIN ROAD EXlGTIN¢ ~OOD %% EADT HARION, NY IIqDq //~ 15' RI~T OF 57~P5 ~ ~ILIN~ //X J X [SAFE DIG ~ ~ ~ Before You Dig, Drill Or Blast!  CALL US TOLL FREE  ,.,' ~ ~ ~ "'": ""'"""'.' ""."'". ~ ', ~ NY Indus~,~ ~de mle 753 mqulres no ~.C.T.H..o~ ~. ~¢.I ~% ~ ~ "~ ~ n~. ~'* ZON~G ~O~TI : '{'.....  '~ % RESIDENTIAL DI~RICT (R-40~. ~ ~ " EXISTIN~ ACPHALT P~2P~ L~OHIN~ POOL (I) 8'e x 4' DEEP FOR ~AIN / \ EXIgTIN~ ~ PRIME 5HED5 ~ TO BE .", ..: REMOVE~ : :.' .: ~ PAIL FEtE TO BE REMOVE~ // [ N ~2'55'00,, N // 40 50 II' = I0'-0" N 55'21'00" N"-"' --" 4~.82' EXISTIN¢ 5TOC,KAC)E FENCE ~ LOT AREA: PROpO~EP LEACHING POOL ~ ,~ MINIMUM ~LOWED: 40,000 SQ.~. '! ~ PROVIDED: J: 17,532.58 SQ.FT. · , (I) 8'¢ x ~' DEEP FOR ~IN ~ " - ~ LOT WIDTH: " / PO~H ~ /--~X IO'HIN : MINIMUM ~LOWED: 150' / '~ ~ PROVIDED: 103.35' ~ ~ooP MINIMUM ~LOWED: 175' : PROP~D ~ [ PROVIDED: 1~2.69' ~: ~ CO.REP ~ ' 2 ~TO~ HOOP ~ ~ Y~D REQUIREMENTS: ~ EL. I1.~' DEO~ ' ~INI~U~ B0~ SB~CK: ~5' ~ PR0~DED: 91'-0, ~J ~INI~U~ SIDE YARD S~CK: 10' PROVIDED: 9'-3" //  EXI~TIN~ . ,~ ~ 5TOR't' ~51[ : // TO A \ 5TORY RESIDENCE) -DtJILDIN~, AREA \ EL, II.T'E ~MOVEO ~ NO~, ~IETIN~ P~lll~ ~ ~ ~40~ TO T~ OF F~DATION. F~DATION TO ~ ~A~D ~ [ ~ ~ T~AT 5T~ ~1~ ~ F~A AND N.Y.5, ~5. ~ ' : . I ~ HALL . I0' NON ~ DUFFER CUMU~VE SIDE YARD S~CKS: 25' PROVIDED: 65'-6' MINIMUM REA.R, S~CK: 55" PROVIDED: 35-7 UVING (FLOOR) AR~: MINIMUM REQUIRED: 850 SQ.~. EXISTING: PROPOSED: TOTAL: LOT COVERAGE: MAX. ALLOWED: 1ST: 1,088.62 SQ. FI'. 2ND: 496 SQ. ~. 1ST: 288 SQ. FT. 2ND: 559.4-1 SQ. FT 2.4-00.34 SO. F'r, 20~ EXISTING: 7.26~ ...... PROPOSED: 12.98~, - BUI~ING HEIGHT: /'"~'"/" MAX. ALLOWED: ~5' ~ %~\% EXISTING: 24'-0~- PROPOSED' 28'-" ~) ~L~/]" NUMBER OF STORIES: .. ' MAX. ALLOWED: 2.5 '~. EXISTIN0:2.0 PROPOSED: 2.0 1 oF I