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Home My WebLink About6476 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION ~ ~ MEETING OF JULY 7, 2011 ~. South own Clerk ZBA FILE: 6476 NAME OF APPLICANT: Bee Hive Development PROPERTY LOCATION: 400 Old Cove Rd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek), Southold, NY SCTM # 1000-52-2-14 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 its reply dated May 18, 2011 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 May 25, 2011 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The letter stated that the subject property is in a flood zone and the soil boring shown on the survey is three years old. The recommendation is to verify the accuracy of the depths to groundwater and leaching pool separation distance. PROPERTY FACTS/DESCRIPTION: Subject property is a nonconforming vacant lot in the R-40 zone consisting of 14,114 sq. P/. It has 118.79 feet of frontage on Old Cove Road, 100.68 feet along Beverly Road, 138.16 feet on Arshamomaque Pond (Mill Creek) and 112.00 feet along the west property line as shown on the survey dated June 2, 2011 prepared by Peconic Surveyors, PC. BASIS OF APPLICATION: Request for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead. RELIEF REQUESTED: The applicant proposes to construct a two story dwelling on the subject vacant parcel and requests relief for a proposed front yard setback of 15 feet where the code requires 35 feet, and a bulkhead setback of 37 feet where the Code requires 75 feet as shown on the Survey for Bee-Hive Development Corp., prepared by John T. Metzger, L.S., dated June 2, 2011 (Revision). FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and ['age 2 - July 7, 2011 ZBA Fi1¢#6476 Bee Hive Dev. CTM: 1000-52-2-14 surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The character of the neighborhood consists predominantly of one-story dwellings on smaller lots, however there exists a two story dwelling with a 60 foot front yard setback across the street from the subject parcel. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a front yard setback area variance. Even though the subject parcel has two front yards, the applicant can locate the proposed dwelling on the subject parcel with conforming front yard setbacks. However, the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance from the 75 foot bulkhead setback code requirement. 3. Town Law §267-b(3)(b)(3). The variance requested herein for a front yard setback is substantial. The requested front yard setback of 15 feet will require a 20 foot variance or a 57% relaxation of the Code required 35 feet. A few of the dwellings in the neighborhood have lesser front yard setbacks than what the applicant proposes, however these parcels are smaller than the subject parcel and these existing dwellings are one story. The variance requested herein for a 37 foot bulkhead setback is mathematically substantial requiring a 38 foot variance and a 51% relaxation of the Code required 75 feet, however there are six waterfront parcels in this neighborhood that have existing bulkhead setbacks that are less than what the applicant proposes. 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. The applicant has not shown storm water controls to mitigate surface flow to Ashamomaque Pond or proposed non-turf landscaped buffers to further mitigate impacts from improving the subject parcel. Furthermore, the applicant has not submitted an approved Southold Town Trustees or DEC Permit or septic system design from the Suffolk County Health Department, which department may require a unique design and/or structure in a specific location which could affect the location of the proposed dwelling. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §26'/-b. Denial of the requested relief is the minimum action necessary and adequate to preserve and protect 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 Schneider, seconded by Member Goehringer, and duly carried, to DENY the variances as applied for. The Board will rehear the application without prejudice when the applicant provides adequate information that addresses the balancing test set forth in Town Law 267-b(3)(b). 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. Page 3 - July 7, 2011 ZBA File#6476 - Bee Hive Dev Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resoluti.~ was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing '7 //] /2011 I~FICE LOCATION: Town Hall Annex 54375 State Route 25 yr. Main Rd. & Youngs Ave.) ..l'~Bouthold, NY 11971 MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF $OUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date May 25, 2011 Re: Coastal Consistency Review for ZBA File Ref. BEE-HIVE DEVELOPMENT CORP. #6476 SCTM#1000-52-2-14. BEE-HIVE DEVELOPMENT CORP. #6476 - Request for Variances under Sections 280-124 and 280- 116, based on the Building Inspector's March 21,2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1 ) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14. 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 Policy Standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. The proposed action is located in an AO flood zone, a area subject to flood depths usually from 1 to 3 feet. Further the proposed action does not meet Policy 5: Protect and Improve Water Quality in the Town of Southold. 5.2 Minimize non-point pollution of coastal waters and manage activities causing non-point pollution. Minimize non-point pollution of coastal waters using the following approaches, which are presented in order of priority. 1. Avoid non-point pollution by limiting non-point sources. a. Reduce or eliminate introduction of materials which may contribute to non-point pollution. b. Avoid activities which would increase off-site stormwater runoff and transport of pollutants. c. Control and manage stormwater runoff to: · minimize transport of pollutants · restore sites to emulate natural stormwater runoff conditions where degraded stormwater runoff conditions exist · achieve no net increase of runoff where unimpaired stormwater runoff conditions exist d. Retain or establish vegetation to maintain or provide: · soil stabilization · filtering capacity in riparian and littoral zones The applicant has not shown storm water controls to miti.qate surface flow to Arshamomaque Pond or proposed buffers to further miti.qate impacts from improvin.q the parcel. In the event that the application is approved the following are recommended. 1. Establish a Landscaped (non-turf) Buffer landward of the concrete sea wall. 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 pamel. 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] 2. Require a Storm Water Pollution Prevention Plan pursuant to Chapter 236. Pre and post construction best management practices have not been identified. 3. The soil boring shown on the survey is three years old. It is recommended that the Board verify the accuracy of the depth to groundwater and leaching pool separation distance. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK SUFFOLK COUNTY EXECUTIVE It,lAy SARAH LANSDALE, AICP DIRECTOR OF PLANNING May 18,2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: 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 there 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 Bee Hive Development Flaig, George & Judith #6476 #6477 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner 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) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 21,2011 80/RD OF APPEAL~ Tol Catherine Mesiano for Bee Hive Development 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated March 2, 2011 For construction of a new single family dwelling at Location of property 400 Old Cove Rd., Southold, NY County Tax Map No. 1000 - Section 52 Block 2 Lot 14 Is returned herewith and disapproved on the following grounds: The construction of a single family dwelling on this non-conforming comer lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots less than 20,000 sq. fl., the required front yard setback is 35'. The site plan indicates a front yard setback of 15' from Beverly Road. Also, the proposed dwelling is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, concrete wall, ...and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed setback from the bulkhead is approximately 35'. ~Authorized Signature TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 6, 2009 Bee-Hive Dev. Corp. C/O Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 RECEWED MAY 0 4 2Oil BOARD OF APPEALs Please take notice that your application dated August 3, 2009 For determination of merger at: Location of property 400 Old Cove Rd., Southold County Tax Map No. 1000 - Section 52 Block 2 Lot 1~4 ls returned herewith and disapproved on the tbllowing grounds: The lot is not merged as per Town Code. Authorized Signature The locations of wells and cesspools shown hereon are from field observations and or from data obtained from others. CONC SLAB TO BE REMOVED 11/10108 ~ ~- ~-. b, McOom~l Geoscle,c, '~ ' FLOOD ZONE FIRI~ $6105C0158 H (4~/zz Wcg~?lJ£ (AO deplh 2) I om familiar with I1~ STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SELVAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will o~'8e bf ~he con4ilio~$ set forlh therein and on lite perm# Io con$t~ucl. ELEVATIONS ARE Rk~FEREN~ED TO NA VD. BB REMOVED . ~ = IFETLANDS FLAG AS DELINEA TED BY ROBERT FOX L.$. Aug. 2010 ZONING DISTRICT: PROPOSED LOT (:OVERAGE = ISM UPLANDS AREA = /3,857 sq.f/. TOTAL AREA = /4,//4 sq. ft. SURVEY FOR RECEIVED BOARD OF APPEALS BEE- HIVE- DEVELOPMENT CaRP A T ARSHAMOMA OUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 52- 02- 14 Scale: I" = 30' o.t. 6, CERTIFIED TO' JUNE ~ tOIl ¢REVIBIONI BEE-HIVE DEVELOPMENT CORP. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEi¢ YORK NO TS' SUBSURFACE S~IAGE DISPOSAL SYSTEM DESIC~IV BY, JOSEPH FISCHETTI~ P.E. HO~ART ROAD SOUTHOLD~ N.Y. 11971 (651) 765 - 2954 EL -3'~ j CROBSECT~ SEPTIC SYSTEM ADOITION4LL Y TO COMPLY ~/ITH ~ LAW TIlE i ~x~ 'ALTERED BY' MUST BE U~-.D ~Y ANY ~ ALL ~IRVE'YOR$ UTILI27N~ A COPY YECON/C $U~YORS, P:C. (5161 765 - 50~0 P, O. BOX 909 ,~o m~v~R sr~r 97-101 The Iocofions of wells and cesSPools shown hereon ore from field observdion$ gnd or from dolg obldned from ofhers. RAIN RUNOFF CALCULATIONS ~ - 1472 s~ ft. 147~ x l · O J?- 250 cu. ft CONC SLAB TO BE REMOVED Ted Boring 11/10/08 by McDon, ald Gea$clence Mixed Son# IVa~r .In mixed Bog (PTI s~ S~d · et~ ~ pate ~own f~ lo co~se ~d F.L OOD ZONE FIRI~ 36103C0158 H I am ,dth /he STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SELVAGE DISPOSAL SYSTEMS FOR SINGLE FAMIL T EEStDENCEb' and ~#/ abide by /he co~tion$ ~e! Iorlf ~herein ~d on /fie perm# Io cofl$trucl. %% ELEVATIONS ARE R~FERENCED TO NA VD. 88 REMOVED WETLANDS FLA~ AS DELINEATED BY FCOBERT FOX L.~. Aug. 20/0 ZONING DISTRICT~ R 40 PROPOSED LOT C2VERAGE = I$~ UPLANDS AREA = 13,857 sq. fl. TOTAL AREA = /4~//4 sq. fl. SURVEY FOR BEE- HIVE- DEVELOPMENT CORP A T ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 52 - 02 - 14 Scale: 1"= 30' Nov. 14, 2008 Oct. 6, ~010' APRIL 21, 2011 (additions) CERTIFIED TO' BEE-HIVE DEVELOPMENT CORP. FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK NO TE~ SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGN JOSEPH FISCHETTI, P.E. HOBART ROAD SOUTHOLD, N.Y. 11971 (651) 765 - ~954 ANY AL TERA TION OR AD~'rlON TO TI'~ SURVEY I~ A VIOLATION OF SEC770N 7~09 OF 7'I~I~ YORK STATE EDUCATION L4W~ EXCEPT AS PET~ SECTION ?209'.~UB~ ,?.. ALL C~T~ONS ~ON ARE VALID FOR ~ M4P AND COP~$ THETaEOF ONLY F FS~OSE SI6NA TURE APP~ HEREON. A~ITION~LL Y TO CO&~LY IVI~H SAID LAF/ THE TE~ 'ALTERED BY~ MU~T B~ U~SD BY ANY AND ALL ~IRVEYOR$ UTIUZIN6 A COPY 'BRCX}6HT-TO.-DATE ARE HOT IN COI~°UANCE #fTH THE LA~F. RECEZVED I~A¥ 0 4 BOARD OF APPEALS: f516) 765 50~0 P. O. BOX 909 I~$0 TRAVELER SOUTHOLD~ N. Y. The Iocofions of wells ond cesspools shown hereon ore from field observofions ond or from dolo obtdned from others. CONC SLAB TO BE REMOVED I om with ,he STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SE~IAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCEs' and will abMe by the coa~h'o~s set forth ,herein and on permit lo consfrucL ZONING DISTRICT~ R 40 PROPOSED LOT C ) VER A GE = I $ :~ SURVEY FOR BEE- HIVE- DEVELOPMENT CORP A T ARSHAMOMAOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. I000-52-02-14 Scale: 1"= 30' Oct. 6~ 2010 ~ CERTIFIED TO' ~ BEE-HIVE DEVELOPMENT CORP. FIRST AMERICAN n~LE INSURANCE O0 . COMPANY OF NEW YORK , ~ . ,~ '~. 0 ~ ~ ~_ ~ BY~ ~O~PH FISCHETTI~ P.E. ~ ~ ~ / , ~ ~ '~ H~ART ROAD ~.,, ~o,.~~ ~ ~ ~x~ / {'~ X e~ ~ ~oo~,o~o. ..~. ,,~, IlllO/~ ~% ~ [¢~-~ ~ ~ ~ ~ X ~ (631) 765 - 2954 I ~at~ m pate I __ ~ I, .1~' .. t ? ~ ~ a ~ a - I - I ~ ~T ~ T~ (cyClical) ~ ~r~_'~_~o ~ A~o,. ~' '.?~ ~,~~ ~AREA = 14 114 s~ ft '~ ~" ~ r~s~~ ~, I ~'~°~* I 'tOE. in__ '"~ ~ ~ ~. ;. ~' ' .. I '~'"'I --~,~U~- ' t" tie a.~ ~ ~ ~ ~ ~o-~ .~ ~. ~Y AL~ ~ ~ TO ~ ~ ~ A ~ ELO~D ZON~ (~0 deplh ~ ~ ~ v~ ~ ~ ~ ~ ~ ~ ~ ~ ~T~LLY TO ~Y ~ ~ ~ ~ ~ 'AL~'~ ~ ELEVATIONS ARE R~ER~NCED TO NA VD. ~ REMOVED ~T ~ ~ BY ~ ~ ALL ~ U~ ~ A ~Y ~ ~ WETLANDS FLAG A~ D~LIN~ T~D BY ROBERT FOX L.E. Aug. ~010 ~ ~ ~ ~. i~ ~ ~ ~C~ ~ RECEIVED MAY 0 4 Z011 BOARD OF APPEALS /y-"/"~ ~' '/~f~ ~ ~-, ..... ~ ¥. ,u 1 ¢516) 765 - P. O. 8OX 909 ~o r~v~ ~ 97-101 ;'IECE~VED M ~ H (631) 298-2250 DRAWN BY: MH February 07, 2011 ;SCALE: (SEE PLAN) SHEET NO: M ~, H ·- ........ (631) 29~2250 I . ..... · S~LE: (SEE P~N) ~0 ...................... ........................ SHEET NO: MAY 04 2011 ~ARD OF APP~, . RECEIVED MAY 0 4 2011 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ~ouse No.400 Street OLD COVE ROAD Hamlet SOUTHOLD SCTM 1000 Section 52 Block 2 Lot(s). 14 Lot Size 14,114sq.ff. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~t~RCU 21, 2011 BASED ON SURVEY/SITE PLAN DATED 2/2412011 Applicaut(s)/Owner(s): BEE HIVE DEVELOPMENT CORP. 1111 BELLMORE AVE.?BELLMORE, NY 11710 Mailing Address: 516 783 2533 Telephone: Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant s attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Catherine Mesiano, Inc. for~Dwnel~ther: 12 Mill Pond Lane, East Modches, Ny 11940 Address: Telephone: 631 553 3992 gax: 631 878 8951 Email: cmesiano@optonline.net Please check to specify who you..~h correspondence to be mailed to, fro. tiLde above names: F-~npplicant/Owner(s), ~_jnuthorized Representative, L_j Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2124/11 and DENIED AN APPLICATION DATED 3/1/11 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the cede.) Article: xxm 280-124 Section: AND XXll 280-116 Subsection: Type of Appeal. An Appeal is made for: ~']A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section [--]Reversal or Other A prior appeal[--']has, [] has not been made at any time with respect to this property., UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) REASONS }"OR APPEAL (additional sheets maV be used w/th preparer's s(gttature): MAY 0 4 20 I1 /IREd I(4RIiINCE REASONS: BOARD OF APPEALS (1) An undesirable change will not be produced in the CIIARACTER of the neighborhood or a detriment to nearby properties if granted, because: SIMILAR SETBACKS EXIST ON ALL IMPROVED LOTS IN THE NEIGHBORHOOD SIMILAR RELIEF WAS GRANTED PER ZBA~6390 AND #1862 ON THE ADJOING LOT (1000-52-2-15) THE PROPOSED HOUSE IS IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD IT HAS BEEN DEMONSTRATED THAT THE SUBJECT SITE IS "PRE-EXISTING" (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pnrsue, other than an area variance, because: PRACITCAL DIFFICULTIES CREATED BY UPZONING TO THIS PRE-EXISTING NON-CONFORMING LOT MAKE CONFORMITY WITH CURRENT SETBACK REQUIREMENTS IMPOSSIBLE TO ACHEIVE. (3) The amount of relief requested is not substantial because: THE RESULTING SETBACKS ARE CONSISTENT WITH THE SETBACKS DEMONSTRATED IN THE NEIGHBORHOOD (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ALL IMPROVEMEN~TS WILL BE CONSTRUCTED TO PREVAILING CODES, i.e.: DRAINAGE, SANIT~AY, BUILDING & FIRE CODES (5) Has the alleged difficulty been self-created? [~]Yes, or [~No. Are there Covenants and Restrictions concerning this land: /~]No. [~]Yes (please [itrnish copv~. This is the MINIMUM that is necessary and adeqnate, and at the same time preserve and protect the character of the neighborhood and tbe health, safety, and welfare of lhe communiW. Check this box ~ IF .4 I/SE I:.IRI.,INCIz' IS BEING REQUESTED, AND PI. EASE CO~IPLETE THE .4TTACHED USE kNiRIANCE SHEET: (Please be sure/t,t'fti'onsnlt yottr attorlley.) ~nature of Appellant or Authorized Agent S~orn ~o before me this ~ ~'~' day of ~XI~t~, 20 \ I · Notary Public ~ECEZVED APPLICANT'S PROJECT DESCRIPTION M~¥ 0 4 Z011 (For ZBA Reference) Applicant:BEE HIVE DEVELOPMENT CORP. Date Prepared: 3/24/2011._. BOARD OFAPPrr. AI.$ I. For Demolition of Existing Building Areas Please describe areas being removed: N/A 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 41'5" X 44'6.5" IRREG. Dimensions of new second floor: 41'5" X 4n'z' IRREG. + 4' BALCONY Dimensions of floor abevc second level: N/A Height (from finished ground to top of ridge)~r Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnccessa~'y) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: VACANT lAND Number of Floors and Changes WITH Alterations: 2 IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: NONE Proposed increase of building coverage: Square footage of your lot: 14,114sq.ft. Percentage of coverage of your lot by building area: 13% V. Purpose of New Construction: CONSTRUCT SINGLE FAMILY DWELLING VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how 0.,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 Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~ECEZVED MAY 0 4 2011 ~OARD OF APPEALS Is the subject premises listed on the real estate market for sale? { } Yes {X} No Are there any proposals to change or alter land contours? { } Yes {X} No C. 1) Are there any areas which comaln sand or wetland grasses? YES Seaward of bulkhead 2) Are these areas shown on the map submitted with_this application? YES 3) Is the property bulkheaded between the wetlands area and the upland building area? YES D. 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? NO Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." None Do you have any construction taking place at this time concerning your promises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. None Do you or any co-owner also own other land close to this parcel? NO Please list present use or operations conducted at this parcel. Vacant land and proposed use single family dwelling Date: 4/11/2011 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MAY 0 4 2011 '~OARD OF APPEALS WHEN TO USE THIS FOP~I: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districL All applications requiring an agricultural data statement must be referred to the Suffolk CounO~ Department of Pianning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1 ) Name of Applicant: 2) Address of Applicant: ~ ~ ~ ~ 3) Name of Land Owner (if other than applicant) 4) Address of Land Owner: 5) Description of Proposed Project: JlTio 6) Location of Property (road and tax map number):4~o (3~ Co~ ~o~_,~ .~3oo,-~o,.-o 7) Is the parcel within an agricultural district?.~No I--I Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No [-]Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765:1938 or the Zoning Board of Appeals at 765-1809. Signature of Applicant Date Note: I. The local board will solicit comments from the owners o£ land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part oftbe overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the prope~y owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 ~ECE~VED APPLICANT MAY 0 4 2011 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~BOARD OF APPEAl .~ 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. YOURNAME: Catherine Mesiano, Inc. Catherine Mesiano, Pres. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception If "Other", name the activity: ,f Change of Zone Approval of Plat 1 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[ 1 No l / J Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: none Title or position of'that person: none 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): I [ J 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 ~ day of A~,A~011 Print Nature: Catherine Mesiano Jul 30 10 12:59p C Mesiano In¢ Bee-Hive Oe~elo0rnent CorD. 440 Old Cove Road, Southold, NY SCTM # 1~00-52-2-14 6318788951 APPLICANT TRANSACTIONAL DISCLO.~JRE FORM p.4 ~ECE~ED ~AY 0 4 2011 BOARD OF APPEALS 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 conflic[s of interest and allow it to take whatever action i,~ necessa~ to avoid same. YOUR NAME: NATURE OF APPLICATION: (Check all that apply.) Tax §r~ance Vadance X Change of zone Appmva/of plat Exemption from plat or (~fficial map Other (if "Other," name the activity) Wetlands Permil~ Building Permit, Variance Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or e~ployee of the Town of Southold? "Relationship" irtcludes by blood, marriage, or business int.'est. '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 X If yo~ answered '~fES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the acpropriate line A) through O) and/or descdbe 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 noncorporate entit~ (where the applicant is nota corporation); __C) an officer, director, partner, or employee of the applicant or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted /~ 'f~ d of .'d~.~y of~A~oust 2010 Pnnt name Arthur J. Nastre Asst. Secretary, Bee-Hive Development Corp. 2010-07-30 13:32 Hesl~o C 6318788951 Pa~e4 617.20 Appendix C ~EcEiq~D State Environmental Quality Review MAy 1 ,~ 20II SHORT ENVIRONMENTAL ASSESSMENT FORMeo . )OF pp= For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLrCANT/SPONSOR [2. PROJECT NAME Bee Hive Development Corp. t 400 Old Cove 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and read intersections, prominent landmarks, etc., or provide map) 400 Old Cove Bird, n/comer Old Cove Blvd. and Beverly Road, 90' s/CR 48 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: constmction of a 40' x 44' 2 story single family dwelling with attached 2-car garage and on-site sewage disposal system 7. AMOUNT OF LAND AFFECTED: Initially .32 acres Ultimately .32 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly ZBA variance required for nonconforming front setback and bulkhead setback 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: E]Agdculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes --LJ No If Yes, list agency(s) name and permit/apprevaIs: Southold Trustees (wetlands permit), ZBA (variance) and Bldg Dept (bldg permit) SC Dept. of Heath Services( approval for septic/water supply), NYSDEC (wetlands 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes I--INo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI_EDGE Applicant/sponsol;,~ame: Catherine Mesiano, Inc. agent for Bee Hive Dev. Corp Date: 04/11/201 l - --- Signature: ~_ ) /~~ ,' If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I Reset TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20 Disapproved a/,c~(~ ~]%~/11 Expiration ,20 PERMIT NO. BUILDING PERMIT APPLO~CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form Trastees Flood permit Building Inspector RECE/VED MAY 0 4 2011 ~OARD OF APPEALS APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application the Building Inspegtor will issue a Building Penn t to the app can Such a permit shall be kept on the premises available for inspection ¢eoughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not ~ommenced 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 properly have been enacted in the interim, the Building Inspector may autborize, in wri.fing the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The .. laws, ordinances, building code, housing code, and regulations, and to admit for necessary inspections. (Signature of applicam or name, if a corporation) (M~iling address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~ee A/~v'c "b gv'~./o?met~. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. l. Location of land on which proposed work will be done: House Number Street Hamlet County% x MapNo. I000 Section fi.x- Block o9~ Lot SubdivisL , Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed con,ztructi,Jn: a. Existing use and occupancy ~/0xw,x4 b.. Intanded use and occupancy ~l,,. ~,~r,,,/y Ye. staler, ce_ 3. Natureofwork(checkwhichapplicable):NewBuilding x Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) 5. If dwelling, number of dwelling units I If garage, number of cars .2- 6. If business; commercial or mixed 9ccupancy, specify nature and extent of each type of use. 7: Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories (To be paid on filing this application) Number of dwelling units on each floor Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front ~//. ~ .5" Rear .c/! '. 5'" Height 31 ' 9. Size oflot: Front Id~.bg' Depth /,1 /' 10. DateofPurchase _~,]4./~7 NameofFormerOwner Rear Number of Stories Rear Depth q¢' 7" l 1. Zone or use district in which premises are situated ~- 40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES t NO__ 13. Will lot be re-gxaded? YES NO x Will excess fill be removed from premises? YES __ NO __ 14. Names of Owner ofpremises[~,.~,~ ~'D ~ (',,~ ~ Address,,,l~l,,~o~ ~ Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. [s this property within 100 feet of a tidal wetland or a freshwater wetland. YES ~, NO * 1F YES, SOUTHOLD TOWN TRUST~!ES & D.E.C. PERMITS MAY B~ REQUIRED. b. Is this property within 300 feet 0fa tidal wetland? * YES ~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to p4o~rty lines. 17. If elevation at any point on property is at 10 feet or below, must prowde t c~a! data on surv~ey 18. Are there any covenants and restrictions with respect to this property? * YES__ NO z * IF YES, PROVIDE A COPY. STATE OF NEW YORK) L.-C,~-C[~ ~ ,,'~ e, !"k ~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual sing contract) above named, (S)He is the ~ ~ ~ (Contractor, Agent, Co,orate Officer, etc.) of said owner or owners, and is duly authorized to peri'om or have performed the said work and to make and file this application; that ali statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. - N~t~ry-P~D~c i~/~'~ ~,~,~ ~ - Signature of Applicant Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 RECEIVED MAY 0 4 2011 Town of Southold ~OARD OF APPEALS/ % A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permit and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-52-2-14 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. X_.Board of Appeals X__Board of Trustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Request variance/permit to construct a single family dwelling on a pre-existing non-conforming lot having a proposed 15' front yard setback and 45' setback to bulkhead. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Location of action: 400 Old Cove Road, Southold Site acreage: .32A Present land usc: residential Present zoning classification: R-40 ~ECEIVED MAY 0 4 2011 ~3OARD OF APPEALS 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Bee Hive Development Corp. (b) Mailing address: 1111 Bellmore Avenue, N. Bellmore, NY 11710 (c) Telephone number: 516-783 2533 (d) Application number, if any: Will the action be directly underlaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? NYSD£C DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable The proposed improvements are consistent with the pattern of development in the ne(qhborhood and with older established ne(qhborhoods within the Town. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable The project is not located near any historic sites or districts. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section II1 - Policies Pages 6 - 7 for evaluation criteria Yes No Not Applicable The proposed improvements have been des4qned to complement the area within which the site is located. 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 The subject site is protected by a 37' concrete seawall that is part of a much la~, er structure that appears sound and stable. There is no evidence of erosion or tloodinq on the site. The des(qn of the proposed dwelling conforms to FEMA standards. Drywells will contain on-site stormwater run-off, Bee Hive Development Corp. 400 Old Cove Road, Southold SCTrv~ 1000-52-2-14 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 RECEIVED MAY 0 4 2011 BOARD OFAPPEALS The proposed improvement will be built in accordance the Suffolk County Health Departments standa~s for on-site sanitary systems, thereby minimizing any potential effect to groundwater. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. Sec LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable All proposed activity is landward of the existing seawall and will have no impact on the wetlands adjacent to the site. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 7 is relevant to the requested relief Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable The proposed construction of a single family dwelling is consistent with the area. Any solid waste, etc. is disposed of at the Town landfill. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Approval of the proposed improvements will have no impact on public access to, and recreational use of, coastal waters, etc. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 10 relevant to the requested relief. Bee Hive Development Corp. 400 Old Cove Road, Southold SCTIV~ 1000-52-2-14 ;~OARD OF APPEALS 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 It does not appear that Policy 11 is relevant to the requested relief. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 12 relevant to the requested relief. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable It does not appear that Policy 13 relevant to the requested relief. Jul30 10 01:00p C Mesiano In¢ Counly of ~ State of NEW YORK 6318788951 ~AECEXVED UAY 0 4 2011 BOARD OF APPEALS ARTHUR J. NASTRE BEING DULY SWORN DEPOSES ANID AFFIRMS THAT HE/;~J~ IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/NEE KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARRISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVE(S) , TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. Asst. Secreta~¢, Bee-Hive Development Corp. Sworn to before me this 4th Notary Public ~ Denise Gold Notary Public, State of New York No. 02G04968754 Qualified in Nassau 0ounty My Oommissi0n ExPires July 2, 20~V~L __ day of August , 20 10 20'4)-07-30 t3:32 ftesiano C 6318788951 Paee5 2010-08-05 09:03 LEXHARK 5167832535 >> 5163742635 P 3/5 AUrORa, ATma ~,ECEIVED M~¥ 0 ~ ~OARD OF APPEAr..~ I, Arthur J. Nas~,r~er Asst. Secre%a~~, Bee-Hi,ye Development Corp. dOing b~$i~e$$St..llll..Bellmore Ave. ~. N. Bellmore, NY 11710 Phone# $16-783-2533 dO hereby authorize my agent Catherine Mesiano, Inc. to apply for permits/approvals from the: o Town Of $outhold Building Department o Town of Southold Board of Zoning Appeals o Southold Board ofTown Trustees and o New York State Department of Environmental Conservation on my behalf. Bee-Hive Development Corp. Date: Sworn to before me this 4__~day of Auqus~c JOHN G. NOVELLO NOTAi~Y PUBLIC, Sate of N~ york Oua~i6ed Iff Nass~ ',~ 'No, 01N0~184~ · 2010- Chicago Title Insurance Company NUMBER DATE TI~ANSACTION Fe%TE~MANUALREFEtLEN£E INSURANCE 3S09-95132 JIJNE 25, 2009 Nrt'G Mq'G MTG $ FEE FEE ~E $ Title Vested In: MUN. DEl'l'. SIL~.RCHES: CERTIFY AS FOLRgD Insured, Fee: Insured, Mtg: SU RV}~ INSTRUCI'IONS: Delivery: t TO 1, 1 TO 4 PREMISES County: SUFFOLK State: NEW YORK Dist: 1000 Sec: 052.00 Blk: 02.00 Lot(s): 014.000 DISTRICT: 1000 SECTION: 052 . 00 BLOCK: 02.00 LOT: 015.000 Address: BEVERLY ROAD, SOUTHOLD, NEW YORK Remarks: BANK/CLIENT REQUIREMENTS: Please be advised that CTIC has implemented a rate calculator for your convenience to enable you to calculate your title / insurance rates. The website can be accessed at http://nyratos, ct/c. com. J AMENDMENT DATES Mailing Date: Prior lnsurer/ JULY 10, 2 0 0 9 Prior Title Nhmber Closing Date: Very truly yours Applicant N umber: 6111919- 000 CATNARINE KING - 3308 410/GFR Applicant FEE(l) Tel: (831} 878-8951 Applicant MTG(2) Tel: Fax: Fax: CATHERINE MESIANO INC. 12 MILL POIYD Id~NE EAST MOR!CHES, NEW YORK 11940 TIS[ LE NUMBEtE 3809-95132 DA'Il!: JUNE 25~ 2009 ADDITIONAL RENLM~.KS REGARDING THE ABOVE REFERENCED APPLICATION AT~4; BILL BEE-HIVE DEVELOPMENT CORP. 111! BELLMORE AVEi'U3E NORTH BELLMORE, NEW YORK 11710 CHICAGO TITLE INSURANCE COMPANY 901 EAST MAIN STREET SUITE 500 RIVERHEAD, NY 11901 (631) 727-&%55 PAGE: 001 DATE: July 09, 2009 CATHERINE MESIAN0 INC. 12 MILL POND LANE F~AST MOEICNES~ ~f 11940 TITLE NO.: 3809-95132 CERTIFY AS FOUND/ CUST~ 6111919-000 PREMISES: BEVERLY ROAD, SOUTHOLD, NY CODE DESCRIPTION 092 VARIANCE SEARCH 4/1/57 TO DATE DEPOSIT/PAYMENT - 06/26/09 BALANCE DUE: AMOUNT 950.00 ~950.00 $0.00 NOTE; In case of cancellation of this Special Search, the fees charged will remain the same. The above represents an estimate of your title costs to date. These charges are subject to change based upon the structure of your transaction and additional work which may be performed. Thank You. CHICAGO TITLE INSURANCE COMPANY TITLE NO.: 3809-98132 VARIANCESEARCH COUNTY OF SUFFOLK } }ss STATE OF NEW YORK } THIS IS TO CERTIFY THAT BEE-HIVE DEVELOPMENT CORP. IS THE OWNER OF RECORD OF DESCRIBED PARCEL KNOWN AS DIST. 1000 SEC. 052.00 BLOCK 02.00 LOT 014.000 -AND- THAT JENNIE PAPPAS IS THE OWNER OF RECORD OF DESCRIBED PARCEL KNOWN AS DIST. 1000 SEC. 052.00 BLOCK 02.00 LOT 015.000 THAT BEE-HI¥~ DEVELOPMENT CORP. ACQUIRED TITLE THERETO BY DEED D~SED 3/4/97, RECORDED IN LIBER 11822 CP 549 ON 3/26/97 -AND- THAT JENNIE PAPPAS ACQUIRED TITLE THERETO BY DEED DATED 5/3/05, RECORDED IN LIBER 12387 CP 381 ON 5/16/05; THAT WE HAVE MADE A SF~RCE OF THE RECORDS OF THE SUFFOLK COUNTY CLERK AND/OR REGISTR~-R'S OFFICE, ~ID THAT SAID SFJtRCH SHOWS THAT NEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID PREMISES OWNED CONTIGUOUS PROPERTY AT ~Y TIME SINCE 4/1/57 EXCEPT AS FOLLOWS: PREMISES ON NORTH, PREMISES ON EAST AND PREMISES ON WEST THAT THE APPLICANT HEREIN DOES NOT OWN ~kNY CONTIGUOUS PROPERTY EXCEPT AS FOLLOWS: NONE THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELIANCE THEREON BY THE BOARD OF APPEALS A-ND/OR BUILDING DEPARTMENT OF TEE TOWN OF SOUTHOLD. THE LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, /LND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTiFiCATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK. SWORN TO BEFORE ME THIS 9TH DAY OF JULY, 2009 NOTARY PUBLIC, SUFFOLK COUNTY, NEW YORK TOMSON S, SHEH Nota~ Public, State Of NewYork No. 52-8627510, Suffolk Coun~ ~ August 31, ~/PF) ~ Commission ~pires CHICAGO TITLE INSURANCE COMPkNY CATHARINE J. KING ~~*¢ (631) 284-2433 TITLE NO.: VARIANCE SEARCH (Continued) P/O SUBJECT PREMISES: DIST. 1000 SEC. 052.00 BLOCK 02.00 LOT 014.000 DEED WILLIA3;~ A. RICHMOND /~D MARGARET W. RICHMOND, HIS WIFE TO RELMUTH HASS DATED: 10/4/53 RECORDED: 10/20/53 LIBER 3598 PAGE 291 DEED HELMUT HASS ALSO KNOWN AS HELMUTH HASS TO WII, LIAM H. FIEDLER AND DOLORES ELYSE FIEDLER, HIS DAUGHTER, AS JOINT TENANTS AND NOT AS TENANTS IN CO~MON DATED: 7/8/66 RECORDED: 7/26/66 LIBER 6000 PAGE 38 DEED WILLIAM. H. FIEDLER DOLORES ELYSE FIEDLER, HIS DAUGHTER TO DOLORES E. FIEDLER DATED: 8/18/76 RECORDED: 9/3/76 LIBER 8099 PAGE 138 DOLORES E. FIEDLER DIED 8/26/78 DEED MEREDITH BRADY, AS EXEC. OF THE LAST WILL AND TESTAMENT OF DOLORES FIEDLER ALSO KNOWN AS DOLORES FIEDLER BRADY, DECEASED TO MEREDITH BRADY DATED: 1/16/80 RECORDED: 12/29/80 LIBER 8936 PAGE 199 CONTINUED *** TITLE NO,: 3809.95132 VARIANCE SEARCH (Continued) DEED MEREDITH BRADy N/K/A MEREDITH BfAAD¥ TRUNK TO BEE-HIVE DEVELOPMENT CORP. DATED~ 3/4/97 RECORDED~ 3/26/97 LIBER 11822 PAGE 549 LAST OWNER OF RECORD P/O SUBJECT PREMISES: DIST. i000 DEED WILLIAM A. RICHMOND AND M2~RGARET W. RICHMOND, HIS WIFE TO MELMUTH MASS DATED: 10/4/53 RECORDED~ 10/20/53 LIBER 3598 PAGE 291 DEED HELMUT }~SS TO HELMUT HASS AND ANGELINA H3~SS, HIS WIFE DATED: 4/12/57 RECORDED: 4/]5/57 LIBER 4287 PAGE 52 DEED HELMUT ~LA$S AND ANGELINA PZASS, HIS WIFE TO DATED: 11/5/70 RECOPDED: 11/13/70 LIBER 6838 PAGE 541 SEC. 052.00 BLOCK 02.00 LOT 015,000 TITLE NO.: 3809-95132 VARIANCE SEARCH (Continued DEED SARA J. N~RINO ALSO KNOWN AS SARA JOAN MARINO TO WILLIAM PAPPAS AND JENNIE PAPPAS, HIS WIFE DATED: 1/9/73 RECORDED: 1/24/73 LIBER 7329 PAGE 482 DEED WILLIAM PAPPAS A~D JENNIE PAPPAS, HIS WIFE TO JENNIE PAPPAS DATED~ 5/3/05 RECORDED: 5/16/05 LIBER 12387 PAGE 381 LAST OWNER OF RECORD PREMISES ON NORTH: DIST. 1000 SEC. 052.00 DEED WILLIAM A, RICHMO~$D AND [~ARGARET W RICHMOND, HiS WIFE TO HELMIJTH }{ASS DATED: 10/4/53 RECORDED: 10/20/53 LIBER 3598 PAGE 291 DEED HELMUT HASS ALSO KNOWN AS HELMUTH TO NICKART REALTY CORP~ DATED: 1/21/82 RECORDED: 2/3/82 LIEER 9138 PAGE 257 LAST OWNER OF RECORD BLOCK 02.00 LOT 013.000 TITLE NO.: 3809-95132 VARIANCE SEARCH (Continued) P/O EAST PREMISES ON EAST: DIST. 1000 DEED WILLIAM A. RICHMOND MARGARET W. RICHMOND, HIS WIFE TO HELMUTH DATED: 5/22/56 RECORDED: 5/25/56 LIBER 4118 PAGE 486 DEED MELMUT t~SS TO HELFZJT HASS AND ANGELINA ~%SS, HIS WIFE DATED: 4/18/57 RECORDED: 4/22/57 LIBER 4289 PAGE 590 DEED HELMUT F~.SS AND ANGELINA HASS, HiS WIFE TO IRENE MEISSNEST DATED: 6/'24/7] RECORDED: 1]/9/71 LIBER 7043 PAGE 24 DEED IRENE MEISSNEST TO GEORGE SANTIS A/qD MARY SANTIS, HIS WIFE DATED: 7/7/73 RECORDED: 7/12/73 LIBER 7440 PAGE 155 SEC. 052.00 BLOCK 02,00 LOT 038.000 TITLE NO.: 3809-95132 VARIANCE SEARCH (Continued) DEED GEORGE SANTIS AND MARY SAKTIS, HIS WIFE TO GEORGE SANTIS, AS TRUSTEE OF THE GEORGE SANTIS RF~;OCADLE FUNDING INTER VIVOS TRUST AND MARY SANTIS, AS THE TRUSTEE OF MARY Sb~TIS REVOCABLE FUNDING VIVOS TRUST, AS TENANTS IN CO~ON DATED: 1/15/09 RECORDED~ 3/16/09 LIBER 12582 PAGE 927 LAST OWNER OF RECORD P/O EAST PREMISES ON EAST: DIST~ 1000 DEED WILLIA~ A RICHMOND AND MARGARET W. RICHMOND, HIS WIFE TO HELMUTH PASS DATED: 5/22/56 RECORDED: 5/25/56 LIBER 4118 PAGE 486 DEED HELMUT MASS TO HELMUT }{ASS JkNGELINA bLASS, HIS WIFE DATED: 4/18/57 RECORDED: 4/22/57 LIBER 4289 PAGE 590 DEED HELMUT FlAgS AND ANGELINA bLASS, HIS WIFE TO iRENE MEISSNEST DATED: 10/22/71 RECORDED: 11/9/71 LIBER 7043 RAGE 245 SEC. 052,00 BLOCK 02.00 LOT 039.000 TITLE NO.: 3809-95132 VARIANCE SEARCH (Continued) DEED IRENE MEISSNEST TO BARBARA EILEEN BRUCH DATED: 1/7/88 RECORDED~ 1/20/88 LIBER 10518 PAGE 288 DEED BARBAP~A EILEEN BRUCH TO FZARVIN WASSERM~d~ AND EARBARA BULOW, AS HUSBAND AND WIFE DATED: 12/15/99 RECORDED: ]2/29/99 LIBER 12010 PAGE 617 LAST OWNER OF RECORD PREMISES ON SOUTH: ARSH~.MO~LAQUE POND PREPIISES ON WEST: DIST. 1000 SEC. 052.00 DEED WILLIAM A RICHMOND DAD M~ARGARET W. RICHMOND, HIS WIFE TO HELMUTH }%ASS DATED: 10/4/53 RECORDED: 10/20/53 LIBER 3598 PAGE 291 DEED HELMUT }{ASS ALSO KNOWN AS HELMUTH HASS TO IRVING FEDER AND VIRGINIA J. FEDER, HIS WIFE DATED: 10/6/67 RECORDED: 10/16/67 LIBER 6238 PAGE 165 LAST OWNER OF RECORD BLOCK 02.00 LOT 012,001 BEE 400 OLD SC 03:57 5~.E, 83.-.,3,.~ I~36%'DD'UOS ~ECE~VED 2011 ~OARD OF APPEALS Pa~k W~_]¥ W.; C~l.ot.t.~, ~k:~tLh Ciu'ol/na; :28269 ~ of tb~ '*'~,,~ pen, p~i~ by b pm*ty.~4~ .tip I~. 9 ;mn, ~:m~ _.h~'m~ grist, md r~m nfo b l:~arty Of th, ~ ~, ~e flon ~ ~at ee~ain p~o~, pl~e or~l Of land, wi~h t~ ~~e l~n ~e{c ~UA~ llzng Ind ~ing tn ~e T~ o~ Squ=~ld, Co.tv o~ S9~91k ~ S~a~e of p~ticular~y ~ded an~ d~cr~ on t~ a~ Sc~ule A. reL~ ~ ~d ~%ed Janu~ 16, I980, r~ord~ 12/29/80 ~ L~er ~6 ~ 199. IN ~S WHi~BOIP, tb iMrty of tho ~nst pefl hu duly .ocut~d thb ,~,~_ the ~y and y~ ~1 a~w v~itto:~ IN FR~SI~CI~ OF: hold co mh~ ord~u~7 h~ v~e4~ ~um ~ O~d O~vm, m~ L~m Of ATshmmm- ~EC~EJVED MAY 0 4 2011 80ARD OF 4PPE.4/.S 0.5-,2, O0 pi4. gob /~,~,~_ ~-~.. z-/,./TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ~'/~/~ VILLAGE DIST. SUB LOT RES. S~S. VL FARM CO~. CB, '~ ~ ' Mkt. Value ~ND IMP, TOTAL. DATE R~RKS ' AGE BUILDING CONDITION N~/ . NOR~L BELOW ABOVE FA~ ~re Value Per VG~ue Acre ~illoble FRONTAGE ON WATER ~ 3 ~o~d FRONTAGE ON ROAD 1/~' JO ~¢~}a~ DE~H ~ouse P~ -. DULKH~D FoCI D~ COLOR TRiM '/Vt. Bldg. ~xten~lon Extension Extension Porch Porch Breezeway Garage Patro Foundation B~ement £xt; Walls Fire Plac~ Recreation Room g~th Floors Ini~erio~ Fihish JHeat tRoorns 1st Floor lR~3oms 2~td Floor JDriveway J LR. FIN.. ~ ~ATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 MAY 04 ZOll ~'OAR D OF A~ April 26, 2011 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Bee Hive Development Corp. 400 Old Cove Road, Southold SCTM# 1000-52-2-14 Dear Ms. Weisman: I am the agent for the above referenced applicant who is seeking relief from Article XXIII Section 280-124 and Article XXIII Section 280-116 of the Southold Town Zoning Code for proposed construction of a single family dwelling with a front setback <35' and setback <75' from a bulkhead. Enclosed please find nine sets of the following: 1. Building permit application dated 3/1/2011 2. Notice of Disapproval dated 3/21/2011 3. Variance Application 4. Applicant's check in the amount of $1000 for application fee 5. Authorization 6. Z.B.A. Questionnaire 7. Project description 8. LWRP Consistency Assessment Form 9. Agricultural Data Statement 10. Transactional Disclosure Form 11. Assessor's property card 12. Survey 13. Copy of Deed 14. Determination of Merger dated 8~06~2009 15. Setback map 16. Site photos Kindly schedule this matter for a variance hearing on the earliest available date. Thank you for your consideration. Enclosures 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 5,2011 Zoning Appeal No. 6476 Transmitted herewith is Zoning Appeals No. 6476 of Catherine Mesiano~ Inc. for Bee Hive Development Corp- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Catherine Mesiano, Inc. Dated April 26, 2011, Affidavit from Bee-Hive Development Corp. Dated August 4' 2010, Authorization Letter from Bee-Hive Development Corp. to Catherine Mesiano, Inc. to Represent them in this Matter, Copy of Application for Building Permit with Disapproval Dated March 21,2011, Copy of Notice of Disapproval from Building Department Dated March 2 I, 2011, Copy of Notice of Disapproval from Building Department Dated August 6, 2009, Two Pages of Photo of Property as it Exists, Two Pages of ?roperty Deed Between Meredith Brady and Bee-Hive Development Corp. Dated March 4, 1997, Two Pages of Property Record Card, Copy of Survey Showing Proposed Construction Dated April 21,2011 Prepared by Peconic Surveyors, Copy of Survey Showing Proposed Construction Dated February 24, 2011 Prepared by Peconic Surveyors, Three Pages of Plans Showing Elevations and Floor Plans Dated February 7, 2011 Prepared by MCH Design Services. o Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/05/11 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 102067 Reference Subtotal 6476 $1,000.00 Check#: 8095 Total Paid: $1,000.00 Name: Bee, Hive Development Corp 1111 Bellmore Ave Bellmore, NY 11710 Clerk ID: CAROLH Internal ID: 6476 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northl'ork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 2, 2011 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, JUNE 2~ 20tt: 11:30AM - BEE-HIVE DEVELOPMENT CORP. #6476 - Requests for Variances under Sections 280-124 and 280-116, based on the Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construction of a new single family dwelling at: 1) less than the code front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#t000-52-2-14. 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: May 9, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 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 May 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, June 2, 2011 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 May 16th: 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 are~ or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 23: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 t.he hearing and provide the card (~vhen available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 25st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 31,2011. 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: BEE HIVE DEV. CORP. # 6476 SCTM #: 1000-52-2-14 VARIANCE: FRONT YARD SETBACK & BULKHEAD SETBACK REQUEST: NEW SINGLE FAMILY DWELLING DATE: THURS., JUNE 2, 2011 11:30 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 10251 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 19th dayofMay, 2011. Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JUNE 2, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the fo0owing public hear- ings will be held by the SOUTF/OLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 119714)959, on R_~ 9'.30 AM - ANDREW GREENE #6387 - (adj. frora 6/30110) Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010~ Notice of Disapproval concerning constraction of an acces- sory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Sworn to before me this (adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4-5. 10:00 AM - GEORGE and MARY VAIL g6475 - Request for Variances from Code Article XXIII Section 280- 124 and the Building Inspector's April 6, 2011 Notice of Disapproval based on an application for building permit to con- struct additions to an existing dwelling at: 1) less than the code required front yard setback of 35 feet. 2) less than the code required rear yard setback of 35 feet, 3) lot coverage of more than the code re- quired 20%, 4) accessory structure in a location other than the code required rear yard; location of property: 50 Oak Avenue (Pine Avenue and Unnamed Street) Southdid, NY SCTM#1000-77- 2-7 10'.20 AM - ROSE L. MILAZZO REVOCABLE TRUST g6471 - Request for Variances under Sections 280-122, 280-124 and 280-116B, based on the Building Inspector's February 9, 2011 Notice of Disapproval concerning an ap- plication for additions and alterations to an existing seasonal cottage, which pro- posed construction will be: I) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required setback of 75 feet from the bulkhead; location: 1165 Island View Lane (adj. to underwater lands) Greenport, NY SCTM#1000-57-2-20 10:45 AM - LIEE VINES, LLC. #6469 - Request for Variance from Art. III, Code Section 280-13(4)(c) based on Building Inspector's March 18,2011, No- tice of Disapproval and an appbcation f~r building permit concerning conver- sion of existing storage building into an office and winery tasting room at: less than the code required 100 foot setback from a major road at; 13050 Oregon Rd., Cutchogue, NY. SCTM#1000-83-3-2. I. 1L~0 AM - ALAN and PATRICIA NORDEN 06474 - Request for Variance from Article XXllI Code Section 280- 122 and tha Building Inspector's March 24, 2011 Notice of Disapproval based on an application for building permit to construct a 3'X12' second floor addition to a single family; 1) pursuant to Waiz (#5039) such addition will constitute an increase in nonconformance, 2) front yard setback of less than the code qinred 35 feet; at: 2395 King Street Ori- ent, NY SCTM#1000-26~2-44 11:15 AM - GEORGE and JUDITH FLAIG #6477 . Applicant requests a Special Exception under Article III, Section 280-13B(13). The Appgcant is the owner requesting authorization to establish an Avcessory Apartment in an accessory structure at; 2740 Mill Road Mattituek, NY. SC'FM#1000q00-5-1. 1'1:30 AM - BEE-HIVE DEVELOP. MENT CORP. 86476 - Request for Vari- ances under Sections 280-124 and 280~ 116, based on the Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construc- tion of a new single family dwelling ~q~)4 day of., at: i) less than the code required front yard setback of 35 feet, 2) less than the code-required minimum of 75 feet from the bulkhead, at; 400 Old Cove Bird. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14, 11:45 AM - GEORGE D. and MA. RIA KOFINAS g6473 - Request for Variance under Section 280-116, based on the Building Inspector's February 17, 2011 Notice of Disapproval concerning an application to rebuild a preexisting accessory bath house with deck, which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 552 East Road (adj. to Cutchogue Harbor (Great Peconic Bay)) Cutchogue, NY 12..45 PM - JANE WEILA~ND g6472 - Requ~t for Variance under Section 280- 116, based on the Building Inspector's Apr# 5, 2011, Amended April 12, 2011 Notice of Disapproval conce/'ning an ap- plication to construct an accessory deck and shed. which proposed construction will be: 1) less than the code required setback of 75 feet from the bulkhead; location: 6485 Nassau Point Rd., (adj. to Little Peconic Bay) Cutchogue, NY Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 7, 2011: 1:00 PM - JAMES and KATHLEEN BLACKLEY #6458 Adjourned from Public Hearing May 1'.30 PM - GEORGE and RUBY GAFFGA #6438 The Board of Appeals will hear all persons or their representatives, desir- ing 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.Sout hold.n~us ~ ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53~95 Main Road (Mailing~JSPS) P.O. Box 1179 Southold, NY 11971-0959 2011. ,IRI,STINA JBLIO-STATE OF NEW YORK O, 01 .V.06 ! ~050 Hod tn Suffolk county _ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of Bee Hive Development Corp. ZBA# 6476 SCTM# 1000-52-2-14 MAY 2 4 2011 OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CATHERINE MESIANO, residing at 12 MILL POND LANE, EAST MORICHES, NY being duly sworn, depose and say that: On the 23rd day May 2011, I personally mailed at the United States Post Office in East Moriches, NY, 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 Assessors of the Town of Southold for every property which abuts and is across a public or private street or vehicular right-of-way of record, surrotmding the applicant's property. ./- CATHERINE MESIANO Sworn to before me this ~,~'4~day of ~, 2011. Notary Public · Complete items 1, 2, and 3. Also complete item 4 if Restricted Detivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. ArUele Addressed to: Town of Southold 53905 Main Road PO Box 1179 Southold, NY 11971 52~-1 delivery address below: NAY 25 2011 3. Set.ce Type [] Certified Mall [] Reg~tered i-1 Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? ~.xtra F~e) [] yes 2, Article Number ~,~'~-~m~',~ 7001 2510 0004 1873 0753 PS Form 3811, February 2004 Domestic Return Receipt item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: NICKART Realty Corp. 775 Brooklyn Ave. Baldwin, NY 11510 52-2-13 [] Agent [3 Addressee C. Date of Delivery , address different fTom item 17 []yes If YES, enter delivery address below: [] No [] Certffled Mall [] Expms~ Mail [] Registered [] Retum Receipt for Mem'haedtse [] Insured Mail [] C.O.D. []yes 2. Article Num' ~,,,,~;~f,-o 7001 25t0 0004 1873 0739 PS Form 3811, February 2004 Domestic Return Receipt 102595~2-M-1540 · Complete items 1, 2, and 3. Nso complete Item 4 if Resb~cted DelNery Is destmd. · P~nt your tame and eddms~ o~ the mvase so thet we can retum the card to you. · Attach this card to the back of the maJllY, ece, or on the flont if space permits. Jennie Pappas 100 Hilton Ave #711 Garden City, NY 11530 52-2-15 2. Art~le Number (r, ar,~-fro~r 7001 2510 PS Form 3811, February 2004 0004 1873 0722 Do~ R~ Rmeell~ Town of Southold 53905 Main Road PO Box 1179 Southold, NY 11971 52-6-1 Irving &Virginia Feder Box 966 Southold, NY 11971 52-2-12.1 NICK~RT Realty Corp. 775 Brooklyn Ave. Baldwin, NY 11510 52-2-13 Jennie Pappas 100 Hilton Ave #711 Garden City, NY 11530 52-2-15 Gloria Praetz 53750 CR 48 Southold, NY 11971 52-2-17 George & Mary Santis R 73-14 21st Ave. Jackson Heights, NY 11 52-2~38 Robert & Debbie Millstei. 5 Geneva St. Greenlawn, NY 11740 52-2-39 CerUfled Fee $2.85 Return Receipt Fee Her~ (Endorsement Required) $2.~ Restricted Delivery Fee (Endorsement Required) Tota' $5.59 Town of Southold se.t~ 53905 Main Road ru ;v~} PO Box 1179 0~o Southold, NY 11971 Postage Ce~lifled Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement, Required) ~ Gloria Praetz $5.59 53750 CR 48 Southold, NY 11971 52-2-17 I'1'I'¢ ...... (End ....... ,Required) S~'~C~ Restricted Delivew Fee Robe~ & Debbie Millstein s~ 5 Geneva St. '~ Greenlawn, NY 11740 52-2-30 Postage Ceriified Fee Return Receipt Fee (Endorsement Required) Restricted DeJivery Fee (Endorsement Requfredi $2.85 $2,30 ~.® · $5.59 Jennie Pappas 100 Hilton Ave #711 Garden City, NY 11530 52-2-15 85/23/ Postage ' - ~' $5.59 Irving & Virginia Feder Box 966 Southold, NY 11971 52-2-12.1 ITl Post~g~ $0.44 Certified Fee $2.~ Return Receipt Fee (Endorsement Required) $~) *'~0 Restricted Delivery Fee (Endorsement Required) .~1 .~l To ............... ~ ~ $5.59 ~ NIC~RT Realty Corp. 775 Brooklyn Ave. ~; Baldwin, NY 11510 Postsge $ $0.~ End ........ t ReqMired)L $2, o (End ....... t Required) ~ $0.~ ~¢ George &~Ma~ Sahibs ~evo u~"'" ~/~ ~ ¢ I [s~ 73-14 21 Ave. 70 ~'~¢ Jackson Heights, NY 113 ............ ~¢~2-2-38 mrmrf · Complete items 1,2, end 3. Also complete Item 4 If Restricted Delivery is desired. · Print your name and address on the reveme so that wa can return the card to you. · Attach this card to the back of the mailpiece, or on the ffdnt If space permits. 1. Article Addressed to: Robert &Debbie Millstein 5 Geneva St. Greenlawn, NY 11740 52-2-39 . Signature '' D. IsdelivmyaddressdifferentffomEem 17 [] Yes If YES, enter delivery address below: [] No 3. Se~[ce Type [] Ce~ifled Mail [] Express Mail [] Registered [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted DaiivePJ? (Ex~a F~e) [] Yes 2. Article Number ~T?~-~?~om~,~ 7001 2510 0004 1873 0708 PS Form 381 1, February 2004 Domesbe Return Receipt · Complete Items 1,2, end 3. Also complete item 4 If Restricted Delivery Is desired. · Print your name end address on the reveme SO that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space parmffs. 1. A~ticle Addressed to: George & Mary Santis Revocable Trust 73-14 21st Ave. Jackson Heights, NY 11370 52-2-38 2. Article Number (Transferfromeerv~ 7001 2510 0004 B. Received by ( D. Is dailve~ if YES, enter delivery address t ;3. Sen/Ice Type [] Certified Mail [] Express Mail [] Reglctemd [] Return Recaipt for Merchandise [] Insured Mall [] C,O.D. 4. Restricted Deliver? (Extra Fee) [] yes 1873 0715 PS Form 3811, February 2004 Domestic R~urn Receipt 102595-02-M-1540 · Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name end address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gloria Praetz 53750 CR 48 Southold, NY 11971 52-2-17 B. ReCeived by ( P~n~d Na'~J~of Delivery If YES, ecteff 4. Restricted Delivery? (Extra Fee) r-1 yes 2. Article Numbe ('r,-~s~-~r,' 7001 2510 0004 1873 0685 PS Form 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicantsl Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 5';l -',,l. COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Ctt'X.t~er,~e I~ l.t~lo, qo residingat i'kMt, Li[ l~o~d 't~. ~J[O~tLt,~¢s , New York, being duly sworn, depose and say that: On the ~ day of b/[O,.u ,201 I , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be Sworn to before me this Dayof fi'3 fix/ ,20H (Notary Public) (Signature) * near the entrance or driveway entrance of my property, as the area most visible to passerby. Office Location: Town Annex/First Hoor, 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 May 5,2011 Mark Terry, Principal Plarmer LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6476 BEE HIVE DEVELOPMENT 1000-52.-2-14 Dear Mark: We have received an application for construction of a new single family dwelling with a bulkhead setback of 35'. 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. Encls. Very truly yours, Lesli an Cha~ By: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 5, 2011 Mr. Thomas isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6476 Owner/Applicant: BEE HIVE DEVELOPMENT Action Requested: Construction of new single family dwelling. Within 500 feet of: (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/~' ZBA¢~ By: BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765~1809 · Fax (631) 765-9064 July 11, 2011 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA Appeal #6476 - Bee Hive Development Corp. Dear Ms. Mesiano: Enclosed is a copy of the Board's July 7, 2011 determination filed today with the Town Clerk regarding your application. Sincerel~p~-h Vicki Toth Encl. Copy of Decision to: Town Clerk (original) Building Department