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Home My WebLink About6531 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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.north fork.net TOWN OF SOUTHOLD ~- ~ I' Tel. (631) 765-1809 Fax (631) 765-9064 ~/~/~. , . ~ _ · FINDINGS, DELIBERATIONS ANi~yD 1E. TI~01R~INA~~I~. ~t ~ ?'~, MEETING OF FEBRUA 5, $ outhold Town Clerk ZBA FILE: 6531 NAME OF APPLICANT: Anthony Campo CTM: 1000-111-1-26/25 PROPERTY LOCATION: 1165 Fisherman's Beach Rd. (adj. to Cutchogue Harbor), Cutchogue, NY 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 January 12, 2012, stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for Nview under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated January 24, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is an irregular, triangular shaped 45,704.89 sq. fi. waterfront parcel in the R-40 Zone. The property consists of merged lots 1000-111-01-26 and 1000-111-01-25, separated by a 33 ft ROW between the two lots. The northerly lot line, including a portion of underwater area, is adjacent to Haywaters Cove. The southerly lot line is adjacent to another property and access to the 33 fi. ROW. The westerly lot line is adjacent to Cutchogue Harbor. After subtracting wetland areas, the property has 39,347.15 sq. ft. of remaining buildable area. The parcel is improved with a single family dwelling located on lot 26, and an accessory structure located on lot 25, as shown on the site survey S-I drawn by Mark Schwartz & Associates, dated Jan, 07, 201 I. The subject of this Appeal relates to the proposed alterations to the "as built" accessory structure. BASIS OF APPLICATION: Request for Variance from Article XXIII Code Section 280-122, based on an application for building permit and the Building Inspector's April 13,2011, updated December 2, 2011 Notice of Disapproval concerning 'as built' alterations to existing shed and deck, at 1) nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings, the 'as built' structure has no record of a CO. RELIEF REQUESTED: The applicant requests a variance to make alterations to, and to construct a deck attached to a nonconforming "as built" accessory structure, with a conforming use, as a shed, that has no CO on record. Page 2 of 3 February 15, 2012 ZBA File#6531 - Campo CTM: 1000-111-1-26/25 ADDITIONAL INFORMATION: This property was the subject of a prior decision in Appeal 2184, dated Sept. 10, 1976, whereby the Applicant was granted a variance to relocate the existing single family dwelling to another location on this property, with a nonconforming, 0 feet, front yard setback from a ROW that divides lot 25 from lot 26. Through ZBA action in the same decision of Appeal 2184, the existing accessory structure was granted use as a guest cottage and lot 25 and lot 26 were officially treated as merged. Since then, they are considered to be one property, even though the two lots are separated by a 33 ft unimproved ROW. This property was also the subject of a prior decision in Appeal 6411, dated Nov. 16, 2010, whereby the Applicant was granted a variance for the demolition and re-building of the existing single family dwelling, with variances granted for a nonconforming front yard setback of 4.4 feet measured to the edge of the ROW, a nonconforming rear yard setback of 26.5 feet, and a nonconforming setback from a bulkhead of 34 feet. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Februmy 2, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, 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 the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "as built" accessory structure has existed at the same location since prior to creation of Town Zoning Code. This property consists of two merged lots, although separated by a 33 fl. ROW, with an existing single family dwelling also located on the same property. Accessory structures are allowed by Code on property already containing a principal structure (dwelling), albeit by using a building permit process that did not exist when this accessory structure was built. 2. Town Law .~267-b(3)(b}(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Because the accessory structure was built prior to Zoning Code, without a building permit, and does not have a valid CO or pre-CO, a variance is required for any alterations. 3. Town Law §267-b(3){b)(3). The variance granted herein is not substantial, considering that it is a pre-existing accessory structure located on a lot merged with an adjacent lot, although separated by a ROW, and the combined merged parcel also contains a principal structure in the form ora single family dwelling. In addition, the applicant proposes to reduce the intensity of use by eliminating the guest cottage use and by using the structure only as a garden room and storage shed. 4. Town Law §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. The accessory structure will have an outdoor water spigot, and minimum of electric service. The single family dwelling on the property, when re-constructed as directed by the decision in Appeal 6411, will be connected to a newly installed septic system. The accessory shed will be disconnected from an obsolete septic system that had served both structures, and the shed will not have any bathroom, or connection to the new septic system. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the Applicant purchased the parcel after the Zoning Code was in affect, and it is presumed that the Applicant had actual or constructive knowledge of the limitations on the use of the parcel under Zoning Code in effect, prior to, or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated shed and deck, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 - February 15, 2012 ZBA File#6531 - Campo CTM: 1000-111-1-26/25 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 Horning, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the site survey S-I drawn by Mark Schwartz & Associates, dated Jan, 07, 2011. Conditions: 1. Utilities for the shed will consist of an outdoor water spigot, and electric service for lights and work receptacles. 2. No bathroom, bedroom, kitchen facilities or habitability are permitted. 3. The shed shall be fitted with gutters and leaders and a drywell to control on site roof runoff as per code 4. Town Board of Trustees permit is necessary before beginning any construction. 5. The existing R.O.W. shall remain with unobstructed access for the entirety of its length. That the above conditions be written into the Building Inspector %' Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department 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 thc 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 thc degree of nonconformity. Vote of the Board: Ayes; Members Weisman (Chairperson), Schneider, Dinizio, Homing. Member Goehringer was absent. This Resolution was duly adopted (4-0). Leslie Kanes'Weisman, Chairperson Approved for filing Ox //~ /2012 CAMPO PROPOSED HOUSE ELEVATION VIEW FROM $ C A L E: N.T.S. STORIVlWATER MANAGEMENT REOUTREMENTS WHERE APPLICABLE (LIMITS OF CLEAF~[NG) 1 RECOMMENDED TOE-IN TEST HOLE DATA CUTCHOGUE HARBOR C UTC HOGUE HARBOR ~ AS NONDISTURBAJNCE BUFFER 10~00-111-01-2~ L~ STRAW BALE AND SILT FENCE 2 ST:Y, FR, PRE-ASSEMBLED SILT FENCE PROPOSED SEPTIC SYSTEM DETAIL FROM ~V)ETLAN DS (FLAGGED) JvIED HOU,~E DR: MIN. 11.0 ' ",pECK pROPOSED CONC. RETAINING ~UAI.L DETAIL (NOT TO SCALE) 150 SEPTIC: ST: 4'XB' IO00gal, SEPTIC TANK LP: 8'dia. X 3~deep LEACHING POOL DP: Brdia. X 3'deep DJ~I'RIBUTION POOL EP: EXPANSION POOL SITE PLAN SCALE: 1" = 20'-0' .~"'"'> ~'.~.t-~ IREVIEWED BY ZBA / DEC 9 BOARD OF APPEALS SCM. E: SEE PLAN $-1 WEST ELEVATION SCALE: 1/8" = 1' EAST ELEVATION SCALE: 1/8" = 1' SOUTH ELEVATIO~ SCALE: 1/8" = 1' NORTH ELEVATION SCALE: 118" = 1' e PROJECT NORTH FLOOR PLAN SCALE: 1/8" = 1' RECEIVED DEC 9 20!I BOARD OF APPEALS REVISIONS: I O 0 A-1 54375 State Route 25 ~.~(cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOC~ WATERFRONT REmT~IZATION PROGm ¢5~ I TO~ OF SOUTHOLD aE~O MAILING ADDRESS: P.O. Box 1179 8outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 ~OARD OF APPEAL~ To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: January 24, 2012 Re; Coastal Consistency Review for ZBA File Ref. ANTHONY S. CAMPO #6531 SCTM#1000-111-1-26 & 25. The subject parcel is located in am AE EL 8 - FEMA Flood Zone. ANTHONY S. CAMPO #6531 - Request for Variance from Article XXlll Code Section 280-122, based on an application for building permit and the Building Inspector's April 13, 2011, updated December 2, 2011 Notice of Disapproval concerning 'as built' alterations to existing shed and deck,.at 1) nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings, the 'as built' structure has no record of a CO; at: 1165 Fisherman's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000-111-1-26 & 25. Figure 1. Subject parcel. 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 determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 4. f "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 recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. d. sites where relocation of an existing structure is not practica/ The "as built" shed and deck do not functionally require a location on the coast and is not water dependent. In the event that the action is approved to further Policies 5 and 6 the followinq is recommended: Require that the qutters, leader and drywells (shallow) be required to control storm water from impervious surfaces. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual NATURAL VEGETATED BUFFER shown as a NONDISTURBANCE BUFFER on the plan be established (varying widths) from the landward limit of tidal wetlands. An example definition is provided for your use: NATURAL VEGETATED BUFFER -- A land area of a certain lenqth and width where existinq vegetation occurs prior to the commencement of any .qradinq or clearinq activity. Ve.qetation shall be maintained to achieve a minimum percentaqe of ground cover of 95%. To achieve the percentage of qround cover, indiqenous, drought-tolerant veqetation shall be planted. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removinq veqetation which is hazardous to life and property, trimminq tree limbs up to a hei.qht of 15 feet to maintain viewsheds, replanting of ve.qetation and establishinq 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] It is recommended that the buffer area be staked prior to any construction on-site. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE RECE't'VED JAN 1 7 2017~ BOARD OF APPEAL~ SARAH LANSDALE, AICP DIRECTOR OF PLANNING January 12, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal l~]le Numbers Campo, Anthony (c/o Mark Schwartz) New Cingular Wireless PCS, LLC Gorgone, Nicholas Folts, Douglas & Kathleen (c/o Mark Schwartz) Nadel, Paul & Alice (c/o Mark Schwartz) 9105 Skunk Lane, LLC 6531 6533 6534 6536 6537 6538 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) 853-4044 To: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: April 13, 2 Updated: December 2, 2011 Mark Schwartz for Anthony Campo P O Box 933 Cutchogue, NY 11935 RECEIVED DEC ~3 2011 Please take notice that your application dated December 1,2011 BOARD OF APPEALS For alterations to an "as built" shed & deck at Location ofpr0pe~ty 1165 Fisherman's Beach Rd, Cutchogue, NY County Tax Map No. 1000 - Section 111 Block/[ i'Lot 26/25 Is returned herewith and disapproved on the following grounds: The alterations on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-122 which states; "Nothing in this a~ticle shall be deemed to prevent the remodeling, reconstruction or enlargement o f a nonconforming building containing a conformifig use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The "as built" structure has no record ofa C.O. RECETVED :~::': DEC 9 2011 Fee: $ ~ 0'~ Filed _Assignment so.~P~EAL$ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1165 Street Fisherman's Beach Rd Hamlet Cutchogue SCTM 1000 Sectio. 111 Block 1 Lot(s).26&25 Lot Size 11,503.05 zo.e R40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ^pr, J3. 201~ BASED ON SURVEY/SITE PLAN DATED C~tob.r t~-~- ti AnthonyCampo o~ Applicant{s)/Owner(s):. 17 Sea Forth Lane Huntington, NY 11743 Mailing Address: Telephone: Fax: Ems/l: 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: Mark Schwartz for[~'~wne~ bther: P.O. Box 933 Cutchogue, NY 11935 Address: Telephone: 734-4185 Vax: 734-2110 Email: mksarchitect@optonline.net Please check to specify who you_lf~ correspondence to be mailed to, fro. tlLlIle above names: [~Applicant/Owner(s), ~[~_]nuthorized Representative, U Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/S1 TE PLAN ~._/~...~j~ATED~ and DENIED AN APPLICATION DATED'~'q'*r~ FOR: 'I~g'"~l~oll [~]BuildingPermit ~ ~,, ~. Ol l ~CertificateofOccupancy ()Pre-CertiflcateofOccupancy ~ Change of Use I~ Permit for As-Built Construction I I Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: xxm Section: 2~0 Subsection: q22 V 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). 2184 Year(s). 1976 . (Please be sure to research before completing this question or call our office for assistance) cCu llt ,lto RECEIVED mz s'o,ws: BOARD OF APPEALS (1) An undesirable change ~ill not be produced in the CIIARACTER of the neighborhood or a de~rimenl tu nearby properties if granted, because: The 9uost has boon in this location since ~976 when the Zonin9 Board approved it's location. It was constructed prior to zoning. Deck additions am common amenity in this neiohborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible t~r the applicant to pursne, other lhao all area variance, because: The buildin9 depaNment has no record of the buildin9 in this Io~tion, which was 9ranted in ~976 by tho Zonin9 Board. However the deck addition that is proposed or any addition will variance due to the non-conformity of the building. (3) The amount of relief requested i~ not snbstantial bccanse: ....... ~ ~ /~ ~o~ TOg me oecK eeo ion s n the~m~the coCa,e, on a private road, that is owned by the applicant on both sides of the road and is considered one lot by the Zonin~ Board. (See decision 2184) (4) The variance will NOT have an adverse effect or impact on/be physical or environmental conditions in the neighborhood or district becaose: The proposed deck will conform to FEMA regulations and is non-habitable area. (5) I las the alleged difficulty been self-created? [Z]Ycs, or [~No. Are there Covenants and Restrictions concerning this land: [Z]No. I~Yes (please lb,'ni, dt cop~'2. This is the MINIMUM that is necessary anti adeqnate, and at the satne time preserve and protect the character of the neighborhood and the health, safety, and welfare of the comnlunity. Chec,~ thix bt~.v (~ IF '1 USE 1(4R/,INC£ 13' BEI?,'G REQUESTED,~AND PL~r. ASE COMPLETE file A T151 CIIED USE I;4/{lANCE SIIEET: (Ph,,,se be Si?attire of Appella~r~nthorized Agent x . S~Ol'll to before me this ~%~ Notary Pul)lie Nota~ P~I~. ~e ~ ~ Yo~ NO. 01BU61~ Qua~ in C~mi~on E~i~ ~1 14, 2 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Anthony Gampo by Mark Schwartz Date Prepared: ,Juno 1, 201 1 I. For Demolition of Existing Building Areas Please describe areas being removed: none RECEIVED DEC 9 2Qll 1I. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: aS,to ~lq, [/~ ~ BOARD OF APPEALS Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top of ridge):multiple level deck ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: no 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: one Number of Floors and Changes WITH Alterations: same IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: /?~, Proposed increase of building coverage: t,¥ Square footage of your lot: 11,503.05 sq. ff. Percentage of coverage of your lot by building area: · 04 V. Purpose of New Construction: Deck addition VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficully in meeting the code requirement(s): The land conforms the building does not. 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 ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No __Yes please explain on attached sheet. RECEIVED / DEC 9 2011 BOARD OF APPEALS C. 1.) Are there areas that contain sand or wetland grasses?__Yes 2.) Are those areas shown on the survey submitted with this application? __Yes 3.) Is the properly bulk headed between the wetlands area and the upland building area? no 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: will apply ~ and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? (~ Please show area of the structures on a diagram if any exist. Or state none on- the above line. F. Do you have any consttuction taking place at this time concerning your premises? · yes~/ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: deck construction with out a permit Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises, lfany are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. G. Do you or any co-owner also own other land adjoining or close to this parcel?~ves ~ If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel guest cottage_ and the proposed use same with deck addition . (ex: existing single family, proposed: same withga~age, pool or other) PROJECT I.D. NUMBER I 617.20 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (TO be completed by Applicant of Project sponsor) 4. PRECISE LOCA~ON (Street address end roa~ InterseCtions, ~rominent SEQR 5. IS PROPOSED ACTION: [] New [~E.~nslon [] Modlflcatlon/alleraflon 6. DESCRIBE PROJECT BRIEFLY: RECEIVED BOARD OF APPEALS 7. AMOUNT OF LA~FFECTED: 10. DOE5 ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY [p~r.'hAL' STATE OR LOCAL)? [~Yes NO Ir yes, Hst Igen~s) [] 1 ~. DOES ANY ASP[C'T OF THE ACWION HAVE A OJRREHTLY VALID PERMIT OR APP~OVAI.~ ,\ 12. AS A RESULT 9~F~PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CEnTIFY ~-IAT THE INFORMATIO.,,~",',,PROVIDED ABOVE IS TRUE TO TH;: SP.~T OF MY KNOWLEDQE ' 'ate a enc com eta the If the action is in the Coastal Ares, aaa you am a st g Y' P Coastal Assessment Form belore proceeding with this assessment OVER PART U--ENVIRONMENTAL ASSESSMENT (To be completec~ Dy Agency) WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLtSHMENT OF A CEA? E IS THERE, OR rS THERE L~KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, exulain Dr~tly PART III--DETERMINATION OF SIGNIFICANCE (3'0 be completed by Agency) INSTRUCTIONS: For each adverse effect Iclentified above, determine wtlether it ~$ substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural}; (b) RmbabiHty ot occurring; (c) duration; (d) irreversibility; (e) geogral~hic scope; and (1) magnitude. If necessa~/, ad¢l attachments or reference supporting materials. Ensure that exelanations contain sulficient detail to show that a~l relevam adverse impacts have been identlfiecl and acle(~uately a(~dresaecl. II- - queslion D of Pal't II was checked yes, the cleterrninatlos and significance must evatuate the potential impact of the proposec~ actio~ on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse im'lS~CtS wllich MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive dec~aration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: DaUE AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD r RECEZVED a6.3I B WHEN TO USE THIS FORM: The form must be completed by the applicant for any plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of alarm operation located in agricultural dis~ict. AH applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~ 2) Address of Applicant: ~O ~ ~ ~ ~~ O~E ~y 3) NameofLandOwner(ifothe~thana~cant): ~D~I'~ ~PO - 4) Address of Land Owner~7~ ~ ~ ~A/~~ A]~_ 5) DescriptionofProposedP;oject: ~C~ ~l~l~&~ ~ ~~ ' - and 7) Is the parcel within an agricultural district? ~No ~Yes If yes, Agricultural District Number 8) ls this parcel actively farmed? ~xNo t-lyes 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 765-1933 oJ; the Zoning, B~t~lAppeals at 765- 1809. JC~gna~(~nl''~- '~/ ~'/Date" Note' '~ 1. The local ~d will solicit comments from the owners of l~d identified above in order to consider the effe~ &the pro~sed action on their faro o~mtion. Solicitation will be made by supplying a copy of~is statement. 2. Comments returned to ~e local bo~d will be t~en into consideration ~ p~ of ~e overall review of ~is application. 3. Copies of ~e completed Agricultural Data Statement shall be sent by applic~t and/or ~e clerk of ~e board to ~e prope~y o~ers identified a~ve. The cost for mailing sh~l be paid by the applic~t at ~e time ~e application is submit~d for review. Failure to pay at such time me~s the application is not complete md cannot ~ acted upon by ~e bo~d. 1-14-09 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. YOURNAME: Schwartz, Mark (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance I ¥ I Special Exception If "Other", ' name the activity: Change of Zone Approval of Plat I Exemption from Plat or Official Map Other RECEIVED DEC 9 2011 BOARD OF APPEALS 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. v sl I NOt J 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 Signature: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southoid'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: Campo, Anthony (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: {Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone L Approval of Plat Exempt on from Plat or Official Map [ Other [ DEC 9 BOARD OF APPEALS 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 l ¥ _1 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); I C) an officer, director, partner, or employee of the applicant; or ] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted ~is--~--------------~ y ,, f ~ Town of Southold A. INSTRUCTIONS 1. LWRP CONSISTENCY ASSESSMENT FORM RECEIVED BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.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# /// [ 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 and extent of action: Location of action: 1/($:'5 Site acreage: //.,~0 ~.. D~'~ ..~'0., rf~. Present and use: Cc .+-bo. rl Present 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: (~Q 0 P ~ 3¢~.h [I ~r~-- ~[~. (b) Mailing address: :~0 /~OX 73._'~ ~ct+C,h~_~tle_ ./tJ~//9.:~._~ (c) Telephone number: Area Code ( ) '7._~/4 /"4 I~)~ (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. []Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) 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 - please explain) 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 - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [-~ Yes [~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No [~ (Not Applicable- please explain) Attach additional sheets if necessary 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 - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid'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 - please explain) 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 - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [] No [2~ Not Applicable - please explain T~WN OF SOUTHOLD BUILDING DEPARTMENT TOWN FIALL SOUTHOLD, NY 11971 ' TEL: (631) 765-1802 ~S o~fljoldTown.NorthFork.net Examined ,20 Approved ,20 Disapproved a/c ¢,//~/{" ,, Expira~;n ,20 PERMIT NO. BUILDING~RMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Buildihg Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. /~ ~d~q)( Trustees Flood Permit Storm-Water Assessment Form RECEIVE~ontact: DFC 9 BOARD OF APPEALgh "e: MAR 3 1 2011 BLDG. DEPT. TOWN OF SOUTHOLD Building Inspector LICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20 ! nls 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 ofthfis application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zonin, g amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authoriz, e, irl Wrlting, the extension of the permit for an add~tton Sl~ ~honths. ,Thereafter, a new permit shall be required. . ; .: · · · .APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necesshry inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent ngineer, general contractor, electrician, plumber or builder Name of owner of premises _ //4J7'/~,,,~ ~]' (/~,/~ ~/~0 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name ,,a~.~i,{~e!ot'~'0mOmte officer) Builders Licen~,6N6.:~: ' '~<' 'r Plumbers License No. Electricians License No. Other Trade's License No. 1. Locati.onpf land_on which proposed work wi_ll be done: Hous'e NUmber Street County Tax Map No. 1000 Section I I / Blooko/ Subdivision Filed Map No. Lot Z ~ Lot 2. State existing use and occupancy of Premises and intended use and occupancy of,proposed construction: a. Existing use and occupancy ~_~,~O~-,-'&) r~oo~, ~,,! ~,~_,?_. b. Intended use and occupancy ,5',4/v/~ 3. Nature of work (check which applicable): New Building Repair Removal Estimated Cost If dwelling, number of dwelling units if garage,-number of cars Demolition Fee Addition ~' Alteration OtherWork N~uat I)I~{;K;; 5IW/~, (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specif3 nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories ..... Dimensions of same structure with alterations or additions: Front Depth Height. Nu tm)er of Stories Rear 8. Dimensions of entire new,construction: Front Height Numl;)er of Stories 9. Size of lot: Front Rear Rear Depth _Depth · 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ 4 12. Does proposed construction violate any zomng law. ordinance or regulation? YES 13. Will lot be re-graded? YES )~ NO NO ~' Will excess fill be removed from premises? YES 14. Names of Owner of premises C&' ~4/~O Address Name of Architect 5¢ 4q~,,,~q *~ 'r-~_.- Address Name of Contractor Address NO Phone Phone No Phone No 15 a. Is this property within 100 feet o£a tidal wetland or a freshwater wetland? *YES W'" NO * IF YES. SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES v' NO__ * IF YES. D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF fl'0/~Ot/gS: being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above namdd, CONNIE D. BUNCH Notary Public, 8tare of New York (S)He is the No. 01BU6186050 _ Oua~a~J In Suffolk County (Contractor, Agent, Corporate Officer, etc.) vomml~tOn Explr~ April 14. 2 t~/_3,_ Of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree 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. Sw4% before me this./ . day of -~fflrzl ( 20 . Notary PuNic // july07,2011 Anthony Campo 17 Seaforth Lane Huntington, New York 631-988-4022 11743 RECEIVED DEC 9 2011 BOARD OF APPEALS To Whom It May Concern: I, Anthony Campo, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Town Board of Tmstees, New York State Department of Environmental Conservation and Southold Town Zoning Board of Appeals, Suffolk County Departmem of Health and the Southold Building Department. The proposed residential construction project is located at 1165 Fisherman's Beach Road, Cutchogue, New York (SCI'M# 1000-111-01-24, 25, 26). Sincerely, date..~ APPEALS BOARD OF Certificate Of Occupe~ RECEIVED ,~J BOARD 0 · DEC 9 BOARD OF APPEALS (hi.~ater l~xt) Beach ~p confo~ su~nfia~y ~ ~e Applica~on for B~g Pe~it he~tofore ~ ~ ~ office men~ of ~e app~cable pro~io~ of the ~w, The ~cy for wM~ ~ ce~fi~ is (oWns, levee ~ ~t) of ~e ~o~sad ~Bd~g. Certificnte Of Occupnncy RECEIVED BOARD OF APPEAL~ THIS CERTIFIES that the building located at ...~.z. ,spp...x'~...~., .~..~.0.~.. M,. Street Map No. l~ili/~eXq!sl~l I~R~III~Io ........... Lot No. ~l~. .... {hg~gtle ............... conforms substantially to the Application for Building Permit heretofore filed in this office dated ......... .~.qV...1.R. ..... , lg.?~, pursuant to which Building Permit dated ............ l?.o.v...1..~..., lg..~.., was issued, and conforms to all o~ the require- ments of the applicable provisions of the law. The occupancy ior which this certificate is issuedis ..P~tvate.one..-eamil~.dlmllJ~g. Mg~l~.d..t}P. lle¥.;L-°.q$-t!.°.ll .......... The certificate is issued to ...~/1...3,~..~.01aRIita)~ ..... ~ ....................... (owaer, lessee or tenant) of the aforesaid building. Suffolk County Department o! Health Approval .P.~..~'...e..1~..S.~.!~g ........ '...: ........ UNDERWRITERS CERTIFICATg No. p.l~?. ~lgl[,l~;;131~ ............................. HOUSE NagR ..... I li~ .... Street .. l~J,~erl~a~, l~eaoh..gollt .............. RECEIVED DEC 9 I BOARD OF APPEALS Date ............ .1~...1~.. 1 ~.. ..... , lg. ~.~ ..... ..... Building Inspector BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger Geo~r_~.e.~H ornin g ._ ~'egr,~hneider Mi _~i 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:]/southoldtow n.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 ·, 1 S 2010 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 16, 2010 _ · OUthO[d Town Clerk ZBA FILE: 6411 NAME OF APPLICANT: Anthony Campo CTM 1000-111-1-26 PROPERTY LOCATION: 1165 Fisherman's Beach Rd, (adj. to Cptchoguc Harbor), Cutchoguc, NY 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 Administxative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 28,210 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 17, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's properly is an irregular, triangle-shaped, non conforming 25,462.14 sq. ft. waterfront parcel in the R-40 zone. The northerly lot line measures 182.61 feet along an unimproved portion of Haywaters Road, aka Fishermans Road. The southerly lot line measures 295.71 feet along an adjacent parcel. The westerly lot line measures 180.47 feet along waterfront on Cutchogue Harbor. The property is improved with a two story single family dwelling, lhe existing building and setbacks as shown on the site survey drawn by Mark Schwartz & Associates, Architect, dated Sept. 30, 20t0, and the Applicant's proposed new construction and new setbacks are shown on the revised site survey dated Oct. 21, 2010. BASIS OF APPLICATION: Reqoest for Variances from Code Sections 280-124 and 280-116, based on an application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval concerning demolition and construction of a new single-family dwelling, at 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The Applicant proposes to demolish the existing dwelling and construct a new two story single-family dwelling. The Applicant is requesting a t¥ont yard setback of zero [0] feet where the code requires 40 feet, a rear yard setback of 26.5 feet, where the code requires 50 feet and a bulkhead setback of 30 feet where the code requires 75 feet. Page 2 Novemb=r 16,2010 ZBA Fi1¢#6411 - Campo AMENDED APPLICATION: During the Sept. 23, 2010 hearing, the applicant'was asked to bring the plan into more conformity with the code. The Board was particularly concerned about the Applicant's proposed zero [0] [bot setback from Haywaters Road~ The Applicant on Oct 13, 2010 submitted a plan which moved the proposed building footprint. Although this move further reduced the proposed rear yard setback by several feet, from 26.5 feet to 22.9 feet, it increased the proposed front yard setback from 0 feet to 4.4 feet, and increased the proposed setback from the bulkhead from 30 feet to 34+/- feet, bringing the plan into more conformity with the code. The revised site survey dated OcL 21, 2010 shows this new site plan~ ADDITIONAL INFORMATION: The Applicant has submitted a Letter of Approval, and a Wetlands Permit, issued by the Board of Southold Town Trustees, both documents dated Aug. 19, 2009. Haywaters Rd. is unimproved and used for water access by a limited number of people in the neighborhood. Also, it should be noted that the applicant owns both lots across the road from the subject parcel. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept. 23, 2010, and on Oct. 21, 2010, at which time written and oral evidence were presemed. 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)(l). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Demolition and construction of a single family dwelling will increase the existing zero [0] foot front yard setback to 4.4 feet and will increase the existing 30 feet setback from the bulkhead to 34 feet. There is an existing dwelling on this property, the road is unimproved and the properties across the road are owned by this applicant. The applicant is proposing to remove all obstructions from the unimproved road to permit pedestrian beach access by others. 2. Town Law §267-b¢31{b)(2). The benefit sooght by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The Applicant's waterfront parcel also contains wetlands which when combined with the adjacent natural non-disturbance buffer reduce the actual buildable area, and also limits the location for the placement ora new septic system. 3. Town Law $26%b(3)lb)i3). The variances granted herein are substantial. The 4.4 foot front yard setback is a 80% reduction from the code required 40 feet. The 34+/- fool bulkhead setback is a 55% reduction from the Code required 75 feet. The 26.5 foot rear yard setback is a 47% reduction from the code required 50 feet. However, these nonconformities are due to the triangular shape of the lot and the amount of wetlands on the subject property. 4. Town Law §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. The Applicant will construct a Suffolk County certified septic system, will use a silt fence to protect the site from possible erosion during construction, and will not encroach upon the natural non-disturbance buffer area. 5. Town Law §267-bf3~ibl15). The difficulty has been self-created in so far as the applicant purchased the subject property and dwelling with several existing nonconformities to the code. However, the Applicant intends to replace the existing single family dwelling on an environmentally sensitive, uniquely shaped waterfront parcel with a new dwelling that will have less nonconformities. 6. Town Law §267-b. Grant of the variances requested is the minimum action necessary and~ff~a~nable the applicant to enjoy the benefit ora new single family dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. DE C ~} ~01]~{06~ BOARD OF APPEALS Page 3 - November 16, 20 l0 ZBA File#6411 - Campo CTM: 1000-111-1-26 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Schneider, and duly carried, to GRANT, the variance as amended, and shown on the site survey titled proposed house (Campo) prepared by Mark Schwartz & Associates dated October 21, 2010, subject to the following condition: Condition: The Right of Way shall remain unobstructed access for the length of the road. That the above conditions be written into the BuiMing Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department 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 nol shown on the applicanVs 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. Thc Board reserves the right to substitute a similar design that is de minimts in nature for an alteration that does not increase the degree of nonconformity, Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Member Horning by phone no voting righO This Resolution was duly adopted (4-O). Leslie Kanes Weisman, Chairperson Approved for filing// ////2010 $outho [d Town Clerk RECEZVE / o / DEC B 201 BOARD OF APPEALS RECEIVED DEC ~ 2Oll RECEIVED BOARD OF APPEALS BOARD OF APPEALs ~ C~.~-~ TOWN OF SOUTHOLD PROPERTY RECORD CARD /c~c ~ /,t~ .'. OWNER N VILLAGE E S W DISTRICT SUB. ^CR~AGE 1~O~~ TYPE Of BUILDING ' IMP. TOTAL DATE Form A, re _~u, Per Swomplond I N~ RECEIVED DEC 9 Z011 BOARD OF APPEALS Extension Extension Garo§e Basement Ext. Walls R~C~ Porch Porch Bath FJoors Interior Finish Hec~t Rooms 1st Floor Rooms 2nd Floor RECEIVED, d~I DEC 9 2011 BOARD OF APPEALS I~LAND IMP. .5'0 o AGE NEM/ NOR~L Farm Acre Tillable 2 Tillable 3 W¢odland Swampland Brushland Hou~Ph~, Total IVL TOTAL BUILDING CONDITION BELOW ABOVE Value Per Acre Value BOARD OF APPEALS M, Bldg. Extension I Breezewo Foundation Bath Basement Floors Ext. Walls Interior Finish Porch Porch Aj'ti¢ L~_. ~ ~,i BOARD OF APPEALS Ap~ml NO, 2184 Dat~ September 10, 1976 ACTION OF~tEZON~G BOARD OFAPPEPJ~SOF~iETO~rNOFSOIP~NOLD To William and Alysse-Johnmton Wm. Wickham, Attorney 8 Larkspur Drive West Islip, NY ................... {If the Zonh~g Ordinance and the decision of the Building hl~pector ( ) be reversed ( ) he cochlea b~e 8:00 P.M. (E.D.S.T.) upon application of William and Alysse Job-nston~ 8 Larkspur Drive, West Islip, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to relocate building with insufficient setback. Location Of property: Hay- waters' Road' Ex~ension; Lo~ #17, Peconic Bay Properties. SEE REVERSE SEE P~EVERSE SEE REVERSE R CE VE 4 Z DEC 9 20~ BOARD OF APPEALS After in. vestigation and inspection the Board finds that the applicant re~aests permission to relocate building with insuffi- cient setback, Lot ~7, Peconic Bay Prope~ties, Cutchogue, New York. The findings of the Board a~e that the Board is in agree- ment with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship created is unique and would not be shared ~y ail ~roperties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neigP£Dorhood~ and wi!! observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Wil!ia~.~ and Aiysse Johnston, 8 Larkspur Drive, West Islip~ New York be GkANTED oermission to relocate building with insufficient setback~ Lot 9~7~ Peconic Bay Properties: Cutchogue, New York~ as applied for~ subject to the fo]lowing ~onditions: 1. There shall be no further construction of dwelling units on Lots ~17 and 18~ which are hereby combined in this action. 2. Neither the guest house or %he relocated main house shall encroach on the !931 filed map tlne. Vote of the Board: Ayes: - Messrs: Gi!lispie~ Bergen~ Bulse, Grigonia~ RECEIVED DEC 9 2011 BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. o^TE ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y Alysse E. Johnston ' We William F. Johnston of 8 Larkspur Drive Name of Appellant Street and Number ..T~..t.....I..s.~k.,i..p. ..................................................................... N.~v{..~.°.~..k.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE/o/ , _/~B~UI/I~ING INSPECTOR ON ..................................... ..................... APPLICATION WHEREBY THE BUILDING INSPECTOR DENIED TO Alysse E. Johnston William F. Johaston Nome of Applicant for permit ..... ~'~'~ 8 Larkspur Drive, West I~lip, New York 11795 _ _~-~ -' .....~';';~';~"~;;; ............................................................................................... M~n~dpo~ Stat, · ~ ) PERMIT TO USE (X) PERMIT PaR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~.9~ ~q~...Z...~[6.':...~q~M6R~...9..~ential Street Use District om Zoning Map NO. 786 17 & 18 Map Peconio Bay Properties Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ZZI, Paragraph 100-30 and Bulk Schedule. 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordirmnce or Zoning Mop ( ) A VARIANCE due to Jack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPFJkL A previous appeal ~+,=~)-(has not) been made with respect to this decision of the Building Inspector ar wJth respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. D~ted ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Var[once to the Zoning Ordinance ( ) *s requested for the tea~n that applicants are foroed to tin, ye their ~esidence from lot No. 18 to lot No. 17 and asked that 17 and 18_ be considered as one lot so ~hat the guest house may remain on lot/~7~ A survey ~f the lots is attached, and the proposed locations o~he residenoe and the guest house are marked. ~ z~, (Co~ti~u. RECEIVED DEC 9 20~1 BOARD OF APPEALS REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficulties ar u~neces- sary HARDSHIP because lot NO. 17 is a small lot and could not accommodate the residence with a normal setback. Ha~aters Road in this area is nonexistent and is not used. AS an owner on both sides, applicant owns the fee to the paper street. 2. The hardship created is UNIQUE and is not shared by ali properties alike in the immediate vicinity of this propert7 Qnd in this use district because the section is at the extreme end of Fisherraan's Beach with only one adjoining residence. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area wouia remain essentially same. [ RECEIVED BOARD OF APPEALS BOARD OF APPEALS STATE OF NEW YORK ) ''~ ,,,~.. C~(~ COUNTY OF SUFFOLK ) Wil Johnston x,) Sworn t~of S~ptemb~r,.,.,..........,..~ 19 76 b MIIL L /i~/~1 ~ JO#NSZ-OAt BOARD OF APPEALS I~- _ /- OWN OF UTHOLD OPERTY RECO CARD O ~_ ? 'OWNER / STREET // 6~' VILLAGE DISTRICT SUB, LOT /~ AGE NEW NORMAL Farm Acre Tillable 2 W¢odland Swampland Brushland Total VL, ' I FARM TOTAL DATE E ACREAGE W TYPE OF BUILDING ,,--. , ' / '/~1 ABOVE Value BUILDING CONDITION BELOW Value Per Acre DEC 9 "'~ ' BOARD OF APPEALS Bldg. Extension Extension RECIgVED tI ~'1 I'!1~I I I I Foundation Bath Basement Floors Ext. Walls Interlor Finish · Fire Place He(ft Attic Porch Porch Rooms Ist Floor Patio Rooms 2nd Floor Driveway RECEIVED · DEC ~ 20~1 BOARD OF APPEALS ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 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 December 9, 2011 Zoning Appeal No. 6531 Transmitted herewith is Zoning Appeals No. 6531 of Mark Schwartz for Anthony Campo- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Notice of Disapproval from Building Permit Updated December 2, 2011, Copy of Application for Building Permit with Updated Disapproval December 2, 2011, Authorization Letter from Anthony Campo to Mark Schwartz AIA to Represent him in this Matter Dated July 7, 2011, Two Pages of Photos of Building as it Exists, Copy of Certificate of Occupancy No. Z6333 for Private One Family Dwelling Dated February 20, 1975, Copy of Certificate of Occupancy No. Z7653 for Private One Family Dwelling Moved to New Location Dated May 11, 1977, Eight Pages of Findings & Determination No. 6411 Dated November 17, 2011, Seven Pages of Action of the Zoning Board of Appeals No. 2184 Dated September 23, 1976, One Page of Plans Showing Elevations and Floor Plans Dated December 7, 2011 Prepared by Mark Schwartz AIA, Copy of Survey of Property as it Exists Dated January 7, 2011 Prepared by Mark Schwartz AIA. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/9/11 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6531 Campo, Anthony 2087 $500.00 D~C 8 2011 · ~u, ~hold Town Clerk $500.00 By~ Thank~'ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 12/09/11 * * * RECEIPT * * * Receipt~: 117004 Transaction(s): 1 1 Reference Subtotal 6531 $500.00 Check#: 2087 Total Paid: $500.00 Name: Campo, Anthony 17 Seaforth Lane Lloyd Harbor, NY 11743 Clerk ID: CAROLH Internal ID: 6531 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 2, 2012 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 t t 971-0959, on THU RSDAY~ FEBRUARY 2~ 2012: 10:30 AM - ANTHONY S. CAMPO #6531 - Request for Variance from Article XXlll Code Section 280-122, based on an application for building permit and the Building Inspector's April 13, 2011, updated December 2, 2011 Notice of Disapproval concerning 'as built' alterations to existing shed and deck, at t) nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings, the 'as built' structure has no record of a CO; at: 1165 Fisherman's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, NY. SCTM#1000- 111-1-26 & 25. 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.n¥.us. Dated: January 6, 2012 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 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CAMPO, ANTHONY #6531 MAP # 111 .-1-25 & 26 VARIANCE NON-CONFORMING BUILDING REQUEST ALTERATIONS TO "AS BUILT" SHED & DECK DATE: THURS, FEB. 2, 2012 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 !J\'~, ~\\~ #10530 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 day of January, 2012. Sworn to before me this i ' day of 10:,15 AM - DOUGLAS C. and F - Re- quest for Variance from Article XXI1, Code Section 280-116B and the Build- ing Inspector's December 15, 2011, No- tice of Disapproval based on a building permit application to construct addition and alteration to a single family dwell- ing, at: less than the code required rip- rap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cntchogue, NY. SCTM#1000-136-1-54 Request for Variaage from Article IV, Code Section 280-I8 and the Building Inspector's December 15, 2011, Notice of Disapproval based on a building per- mit application to construct a carport addition to a single family dwelling, at: 1) side yard setback less than the code required 15 feet, located at: 220 Breed- waters Road (adj. Broedwatars Cove) Cutchogae, N~L SCTM#i000-104-10-7 11:15 AM - 910~ Skunk Lane. LLC g6538 - Request for Variance from Ar- tide III Code Section 280-13(C)4(b) and Article XXII 280-105A, and the Building Inspector's December 20, 2011 Notice of Disapproval baaed on an ap- plication for building permit to build a tennis court with fence surround on a vacant lot, at: 1) use of a tennis court is ~ot permitted on a vacant lot (wrihout a pruidpal dwelling), 2) tennis court fence at more than the code required maxi- ~mtm height 0f. 4 feet in ~ont yard, ~ted at: 9105 Sl~Onk Lane (adj. to Little Creek, dredged canal) Cutchogue. NY. - Request for Variance from Article III Code Section 280-15 and 15(C) and the Building Inspector's November 29, 1011 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool and accessory garage; 1) accessories are proposed in other than the code quired rear yard, 2) proposed accessory . garage at more than the code required maximum square footage of 750 sq. ft. on ints 20,000q50,000 sq.~ft, located at: 1800 Westphalia Road Mattituck, NY LEGAL NOT]CE -- SOUTHOLD TOWN ZONING BOARD OF APPEAL~ THURSDAY FEBRUARY 2, 2012 PUBLIC HEARINGS NOTICE IS HEREBy GIVEN, put- suam to Section 267 of the Town Law and Town Code Chaptat 280 (Zoning),Town ~f Southold, the following public hear- rags will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, l~O. Box i179, Southuid, New York 11971-0959, on THURSDAY FEB- RUARY 2. 201 ~ 10.'00 A.M.. JOSEPH and ELIZA- BETH BRITI'MAN ~522 - Request for Variance from Article III a~l Article XXII, Code Section 280-15,280-15F and 280.116B and the Building Inspector's October 3,2011,Amended December 22, 2011, Notice of Disapproval based on a budding permit application to construct an ac~ssory garage, at: 1) n~ore tbea the code required maximum square footage of 750 sq. ~. on lots 2Q.00040,000 sq. ft., 2) less than ~ code required prim cipal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code req~uired bulkhead setback Of 75 feet, lo cate8 at: 80 Glenn Road (Main Bayview Road) Southdid, NY. SCTM#10~0-78-2- 11.3 (adj. from PH I2/1/I1, new notice of disapproval) Carryover Hearings, continued from prior meetings and pending additional information: . Adjourned feom Public Hearing Jan- uary 5, 2012 10:1~ A.M~ - DAVID MOORE 10-.~ AM - ANTIIONY S. CAMPO ~1 - Request for Variance from Ar- tide XXIII Code Section 280-122, based on an application for building permit and tt~ Building Inspector% Avril 13 2011, updat~l Decemher 2, ~01 IXI~otic~' of Disapproval concerning 'as built' al- terationsto v~iating shed and deck, at 1) nothing ia ~ article shall be deemed to prevent the ~emodaling, reconstruc- tion or gnla~gement ora nonconform- ing building containing a conforming use p~ovided that such action does not creal~ any new Uonconformance or in- crease ~the degree of nonconformance with regard to the regulations pertaining to such buildings, the ~as built' structure has no recotd ora CO; at: 1165 Fisher- ' man's Beach Rd., (edj: to Cutchogue Harbor) Cutchogue, NY. SCTMgl000- Principal Clerk L~0 PM - LIPA and T-MOt~IlE ~- Request for Variances from Article XVII Code Section 280-703, based On an applica- tion for building permit to upgrade and maintain a wireless ralecommuuication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required hdight of 45 feet, 2) location of mounted an- tenna not located in the code req~ interior, 3) less than the cede req~d distance to adjacent residential proPerty line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), GreenporL NY. Road (adj. to Gardiners Bay) Orient, 825 Smith Drive South, (Terry Place) and prior to the day 0f the you have questions, piease cofit~ Our office at, (631) 765-1.809, or by oraail: 54375 Main Road (Office TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS SCTM Parcel # 1000- Ill "~t - Z $~' ~ ~ COUNTY OF SUFFOLK STATE OF NEW YORK I, //~,J~J~ ~C~~-- residingat P~)<-ad.~fl Ct"] New York, being duly sworn, deposes and says that: On the /ff:t~clay of d ~ ,20//-r,I personally mailed at the United States Post Office in C 6,']"~ d7~7~(.4~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or~rivate street, or vehicular right-of-way of record, surrounding~~~-the3p~~~ Sworn tO before me this =,T')day of ~ 4~t,J ,20 [ (Notary Public) VICKI TOTH Notary Public.State of New York No. 01T06190696 ~u~lifi~l in Suffolk Count~ t i$~i0n ,EKoims July 28, 20 I PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next lo the owner names and addresses for which notices were mailed. Thank you. ~ ~*~[~,',~*~;~;~ ..........'~ .............. ~'"' ,,~ ~ ~ I ~' i or PO BOx NO' ~ / .~....~.....~.../~. ................ /.~.. ........................... · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is dsslred. · Print your name and address on the reveme so that we can tatum the card to you. · Attach this card to the back of the mallplece, or on the front if space permits, 1. Article Addrea~ to: ~ece~d by ( If YES, I Agect Mr. & Mrs. Gerald Gelbwaks 71 Leewater Avenue Massapequa, New York 11758 [] Insured Mall [3 Exp~ [] Return I:le~pt for Memhandlse [] C.O.D. I'lyes Re~tflctecl Dellvee/? (Extra ~) ~ 2. A~lcleNumber 7005 3110 0000 2764 7388 (T/ansfer from servfce ~ ~ 1025gS-O2-M-I ~40 j 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 (Name Jof Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- Il ! '~ al COUNTY OF SUFFOLK) STATE OF NEW YORK) ,New York, being duly sworn, depose ndsay that: Onthe ~f'~ dayof d~t"/'~ ~t ,201f. , I personally placed the Town's Official Poster, with the date of hearing arid 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 heating date was shown to be 0 &/o g [ ! ~ Sworn to before me this (Notary~:~blic) BONNIE J. DOROSKI Nntnry Public, State Of NewYorl~ No. O]DOG095328, Suffolk Term Expires July 7, 20 * near the entrance or driveway en,trance of my property, as the area most visible to passerby. 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 January 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday February 2, 2012 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 January 17th: 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 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin,q the hearin,q, providin,q the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailin,q (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 the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later January 25th: 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 January 3t, 2012. 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. 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 9, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6531 (Campo) Dear Mr. Terry: We have received an application for alterations to an "as built" shed and deck in Cutchogue. 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 December 9, 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 #6531 Action Requested: Within 500 feet of: Owner/Applicant: CAMPO Alterations to "as built" shed & deck ( ) 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, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:#southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Febmaryl6,2012 Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 RE: ZBA Application #6531 - Campo Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's February 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sinc~relyf~-~. Vicki Toth Encl. Cc: Building Dept.