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HomeMy WebLinkAbout6560 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 17, 2012 ZBA FILE: 6560 NAME OF APPLICANT: Elizabeth A. Gardner PROPERTY LOCATION: 1665 Shore Road (adj. to Pipes Cove),Greenport, NY RECEIVED Soutlf~ld Town Clerk CTM 1000-47-2-30 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 March 29, 2012, 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.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION.' The Applicant's property is a 12,700 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 100 feet along Shore Drive. The easterly lot line measures 127 feet along an adjacent parcel. The southerly lot line measures 100 feet along Pipes Cove. The westerly lot line measures 127 feet along another adjacent parcel. The property is improved with a single family dwelling with an attached deck, breezeway and attached garage as shown on the survey prepared by William R. Simmons, Ill, LSPC dated 1/8/2012. BASIS OF APPLICATION: Request for a variance from Article XXI1 Code Section 280-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a 13ft x 13 fi screen porch over a portion of an existing deck, and an outside shower adjacent to the proposed porch, with a bulkhead setback of 45.5 feet rather than the code required setback of 75 feet. AMENDED APPLICATION: The applicant's agent on May 7, 2012 submitted a revised plan, prepared by Mark Schwartz, Architect, dated May 7, 2012, that shows a new proposed roof alteration, as well as the location of all new drywells to be installed to contain all storm water run off on site, as required by Code, bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The Applicant received variance #4053, dated Sept. 26, 1991, for construction of the deck with a setback from the bulkhead of not less than 40 feet. A condition of the variance granted stated Page 2 of 3 - May 17, 2012 ZBA File#6560 - Gardner CTM: 1000-47-2-30 that the "proposed deck shall remain open and unroofed, as applied". The Applicant is now proposing some degree of relief from the condition imposed when that variance was granted in 1991. At the public hearing the Board requested that the applicant submit documentation regarding other non-conforming bulkhead setbacks in the neighborhood. On May 9, 2012, the Board received extensive documentation of previous variances granted with similar non-conforming bulkhead setbacks near the subject property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 3, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and 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). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Non-conforming bulkhead setbacks of less than 75 feet are quite common within the waterfront properties of the neighborhood. The Applicant is not requesting to reduce the setback already established through grant of a variance in 1991. 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. The existing nonconforming deck setback from the bulkhead was established by the grant of a variance in 1991, and the proposed screen porch over a portion of the deck requires variance relief from a stated condition that the entire deck remain unroofed. The proposed screen porch is within the 75 foot setback required by code. However, the screen porch will cover a portion of the existing deck and will not be closer to the bulkhead. Additionally, the outside shower is located further from the bulkhead than the screen porch. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 39% relief, however, it is mitigated by the fact the screen porch is within the previously granted setback. Additionally, it represents the removal of a condition stated in the variance granted in 1991, when the existing nonconforming bulkhead setback was established. That condition specified that the entire deck remain open and unroofed. There is no reduction to the established bulkhead setback. 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 install roof gutters and drywells to contain all storm water runoff on site as required by Code. 5. Town Law l~267-b(3)(b}{5). The difficulty has been self-created. The Applicant could conceivably construct a similar sized screen porch in a more conforming location on the property, possibly without requiring any variance. However, the dwelling was constructed prior to zoning and is located within the 75 foot bulkhead setback, so any additions to the rear of the dwelling will require a variance. 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 13x13 fi. screen porch with a nonconforming setback from a bulkhead, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Weisman (Chairperson), and duly carried, to GRANT the variance as applied for, and shown on the site plan dated May 7, 2012 by Mark Schwartz, Architect sheet number S-1 and elevations labeled A-1. Subject to the following condition, Page 3 of 3 - May 17,2012 ZBA File#6560 - Gardner CTM: 1000-47-2-30 CONDITION: 1. The remaining portion of the existing deck shall remain open to the sky. That the above conditions be written into the Building 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 f~ature 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. I'ote of the Board: Ayes. Members Weisman (Chairperson), Goehringer, Schneider, Horning. Nays. Member Dlnizio. This Resolution was duly adopted (4-1) Leslie Kanes Weisman, Chairperson Approved for filing ~/o~,~/2012 39°21'30" E 127.00' HEDGES 127.00' PROPOSED 55' SPLIT PAIL FENCE G.O.L. I EXISTING HOUSE 41,3' ASPHALT DRIVELVJAY EXIgFING GARAGE N 39021'30'' SITE PLAN SCALE: 1"= 20'-0' r RECEIVED ~-~ "' MAY ? 2012 __. O BO^RD OF^PPE^LS ] wood DEcK I ALUMINUMWALK J FLOATING IREVIEWED BY ZBA~ JSEE DECISION # ~ REVISIONS: ~o~ SHEET NUMBER: S-1 PROPOSED REAR ELEVATION SCALE: 1/8"= 1' EXISTING REAR ELEVATION SCALE: 1/8" = 1' RECEIVED MAY ? 2012 BOARD OF APPEALS FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED ~.~ I REVISIONS: I z DRAWN: MH/MS SCALE: I 4"=1'-0" /OB #: May 07, 2012 SH£ET NUMBER A-1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 ~ ~e(~r. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYI1971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD M E MO RAN D U M RECEIVED To: Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2012 Re Coastal Consistency Review for ZBA File Ref ELIZABETH A. GARDNER #6560 SCTM#1000-47-2-30 ELIZABETH A. GARDNER #6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen perch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-47-2-30 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 second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "11" which states: II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE March 29, 2012 RECEIVED BOARD OF APPEAL~ SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements o f 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 Gardner, Elizabeth Smith, Justin & Susan (c/o Joseph Fischetti) MunicipalFfleNumbe~ 6560 6561 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 Elizabeth A. Gardner c/o Patricia Moore 51020 Main Road Southold, NY 11971 RECEIVED DATE: March 8, 20~)ARo OF APPEALS Please take notice that your application dated March 2, 2012: For permit for Screen porch with outside shower additions over existing rear deck at: Location of property: 1665 Shore Road Greenport, NY County Tax Map No. 1000 - Section 47 Block 2_ Lot 30 Is returned herewith and disapproved on the following grounds: The proposed additions on this non-conforming 12,700 sq. ft. lot in the residential R-40 District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All bui dinE or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The site plan shows a setback of 45.5 feet from the bulkhead. Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. RECE/VED OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1665 Street Shore Road Hamlet Greenport SCTM 1000 Section 47 Block 2 Lot(s) 30 Lot Size 12,700 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 8, 2012 BASED ON MAP site plan prepared by Mark Schwartz dated 2/22/2012 Applicant(s)/Owner(s):~Elizabeth A. Gardner Mailing Address: 2932 Davis Street~ Oceanside NY 11572 Telephone: c/o Pat Moore 765- 4330 Fax #: 765-4663 Email: pcmoore~mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax ti: 765-4643 Email:_pcmoore~mooreat~s.com Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or F. Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/22/12 and DENIED AN APPLICATION DATED 3/2/12 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ~30ther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (B) setback from bulkhead Type of Appeal. An Appeal is made for: E 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, X has been made at any time with respect to this property, UNDER_ Appeal #4053 -approved decl~ 40'from bull{head (condition that it remain un-roofed) (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Elizabeth A. Gardner ZBA File # REASONS FOR APPEAL {addllional sheets ma~ be used with preparer's signature): AREA VAR1ANCE REASONS: RECEIVED BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The owner proposed to enclose a 13' x 13' portion of existing deck. The existing setbacks of the house will not change. The lot coverage remained the same before and after the work. The previous variance for the deck allowed up to 40' from the bulkhead and the proposed setbacks of 45.5' are landward of the previously approved variance. The application for the deck by the prior ownerd was for an open deck, the ZBA granted the variance, as applied, therefore the roof-over screened porch requires the variance. (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 structures and the property are non-conforming. The screened porch will take up a portion of the existing deck. The screened porch provides protected outdoor living space in front of the dinning & living area of the existing house. The owner considered alternative locations, however, the screened porch is proposed adjacent to the living area of the existing home and the entire rear side of the house is within 75 feet of the existing bulkhead. (3) The amount of relief requested is not substantial because: While the variances are significant, the property is nonconforming and neighboring properties are similarly developed in this community. The screened porch will occupy an area which is already developed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The enclosed porch will require a dry well for the roof runoff. The enclosed porch will not result in any affect on the environment. The property is protected by a bulkhead and the bulkhead has been maintained. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No the existing house was pre-existing nonconforming as to set backs. The lot is only 127 feet in depth, therefore the existing house is within 75 feet of the existing bulkhead. The parcel is lot 2~and 26 of Map of Greenport Shores, and the lot size is 12,700 sq.ft., which pre-dates the one acre zoning regulations. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to co~tudt-vo, ur attorney.) ,~ma/~re of Appellant or Authorized Agent Sworn to before me this (Agent must submit written Authorization from Owner) BETSY A. PERKINS Notary Public, State of New York No. 04 PE6130636 Oualified in Suffolk Courrlv Commission Expires July 16, APPEALS BOARD MEMBERS Oerara P. Ooehringer, Clmirman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (5t6) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 5:,C9~o~n Hall, S3095 Main R~d P.O. Box 1179 Southotd, New York 11971 F~ (516) 765-i823 Telephone (516) 765-!8~ RECEIVED ACTION OF THE BOARD BOARD OF APPEALS Appl. No. 4053. Upon application of DOUGLAS MORRIS. Variance to the Zoning Ordinance, Article ~XII2, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 an~ ~ ~ ~ m~hsJnandard in size. Location of Property: 1000-:17 WHEREAS, a public hearing was held on September 26, 1991, and at ~ai~ hearing, all those who desired to be heard were heard and their testimony recorded; ¥~qEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; ',54EREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and %5{EREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article Y~[!Ii, Section 100-239.4B for permission to ccnstruct a 12 ft. by 34.7 ft. wide open-deck addition from the rear (southeasterly end) of the existinq dwelling, thereby requesting a reduction in the required setback to 43 feet. 2. The premises in question is identified on the Suffolk County Tax ~4aps as District 1000, Section 47, Block 2, Lot 30 and contains a total lot (upland) area of 12,700 sq. ft. 3. The dwelling as exists presently has conforming s±deyards totaling 33 feet (20 & 13)), a conforming front yard setback at 41 feet, a nonconforming setback from the bulkhead at 5~ feet, and conforming lot coverage at less than 20%. The parcel as exists is substandard with 12,700 sq. ft. in total lot area. The lot width along Shore Drive is conforming at I00 feet. Page 2 - Appl. No. 3 Matter of DOUGLAS MORRIS Decision Rendered September 26, 1991 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Isla~ Sound to be set back not less than seventy-five (75) feet from the bulkhead. ~ RECi~IYED hOARD OF APPEALS 5. For the record it is noted that similar setbacks exist upon other parcel in the immediate area (and fronting along Pipes Cove). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in reiaticn to that existing at this site or nearby parcels; {b) the retiel requested is the minimu~ r~cessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (c) the relief as re~aested will not alter the essential character of the neighborhood; id) the practical difficulties imposed are uni~mely related to the property and are not personal; (e} the grant of the relief as requested ~ill not in turn be adverse to the safety, health, welfare, comfort, convenience er order of the town, or be adverse to the neighboring properties; (f) in view of all the above, the interests cf justice will be served by granting the relief as requested and conditionally no,ed below. Accordingly, on motion by Mr. ~oehringer, seconded by Dinizio, it was RSSOLV~D, to GP~m2{T a variance for an open, ~mrnroofed deck addition at the rear of the existing dwelling, SUBJECT TO FOLLOWIN~ CONDITIONS: i. ~ne deck addition r~main open and unroofed, as applied. IAI1 runoff from the roof cf the existing structures shall be retained on site.} 2. That the setback for the proposed deck, inclusive of all step areas, shall be limited to not less uhan 40 feet (measured from the outside edge of the buikhead). ~a~e 3 - Appl. No. 4053 Matter of DOUGLAS MORRIS Pecision Rendered Septe.~oer 26, 1991 3. That the proposed deck shall remain open and unroofed, as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. ik ~ECEZVED ;~OARD OF APPEALS GEP~RD P. GOEHRiNGER, CPLAIPJ'LAN ~ECEIVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Elizabeth A. Gardner Date Prepared:March 13, 2012 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A ~OARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- screened porch 13' x 13' over existing deck Dimensions of new second floor- none- Dimensions of floor above second level: none Height (from finished ground to top of ridge): match existing roof 12' 6" Is basement or lowest floor area being constructed- N/A If yes, please provide height (above ground) measured from natural existing grade to first floor: 12' 6" III. Proposed Construction Description (Alterations or Structural Changes ) See Drawings by Mark Schwartz 2/16/2012 (attach extra sheet if necessary) - enclosed porch over existing deck Number of Floors and General Characteristics BEFORE Alterations: existing two story house with open deck Number of Floors and Changes WITH Alterations: existing two story house with 13' x 13' of deck enclosed with a screened porch IV. Calculations of building areas and lot coverage (from surveyor): Proposed increase of building coverage:~0 sq.ft. Square footage of your lot: 12,700 sq.ft. To bulkhead See Site Plan: House: 11.2%, existing deck 2.1%; screened porch over existing deck 1.3% Percentage of coverage of your lot by building area 14.6% V. Purpose of New Construction Requested: screened porch over existing deck VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): 100' x 127' pre-existing nonconforming parcel with a bulkhead. Deck remains received a variance in 1991- deck condition that be open; requesting 13' x 13' screened porch Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 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? ~'x/(. No Yes please explain on attached sheet. RECEIVED 1.) Are there areas that contain sand or wetland grasses? ~o.x~ctxct ~. 2.) Are those areas shown on the survey submitted with this application? 3.) Is the pl[o, perty bulk headed between the wetlands area and the upland building area? '~-4' S 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~e Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~o Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? t,4o Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? /~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. garage, pool or other) Please list present use or operations conducted at this parcel ~ + ~ and the proposed use %oc.~x ~ew~{tx [~, I~ ~ ~ ~tx.D C2~4~ ~ . (ex: existing single famdy, proposed: same with 03-13-12;17:48 ; 7654643 # 1/ 5 FORN NO. 4 TOWN OF $OU'I'HOLD BUILDING D~PARTMENT office of the Building Inspector TOWn Hall Southold, N.Y. RECEIVED ~OARD OF APPEALS pRE EXISTING C~RTIFICATE OF OCCUPANCY No Z-19657 Date JANUARY 15,. 1991 ONE FAMILY D~ING THIS CERTIFIES that the building Locatio, of Property 1665 (a/k/a 513 SHORE BOAD HOUSe NO. Street County Tax Map No. 1000 Section 47 Block__2 Lot 30 Subdivision Filed Map No. __Lot NO. confo~s s~bstantially to the requirements for a Private One Family Dwelling built prior to: APRIL 9, 195'1 GREF, WPOBT r N.Y. Sa~e L pursuant to which CERTIFICATE OF OtC. $Z-~9657 dated JANUARY 15, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ENCI~SED BREEZEWAY & ATTACHED TWO CAR GARAGE. * The certificate is jssued to of the aforesaid building. I~U~%. STEVENSON (owner) SUFFOLK COUNTY DEPARTMENT OF HF2%LTH APPROVAL__ UNDERWRITERS CERTIFICATE NO. pLuMBERS CERTIFICATION DATED *PLEASE SEE ATTAO[ED INSPECTION REPORT. , N/a .... N/~ ~' 7/ui~ding Inspector Rev. 1/81 03-13-12;17:48 ; 7654643 Sub~vision ~=e o~ Ouner(s) Occupancy Source of LAURA O~HER Accomp~mied by: SELF Suffolk Co. Tax r{o. I0~0-47-2.i30 # ~ECEIVED BOARD OF APPEALS 21 5 Ty.oe of constrUCtiOn WOOD FRAME ,~/storie5. Fo~ion_ c~ BL~ ~ellar Crawl Bathroom(s) O.g ~L ~oile% room(s) Porch, ~e. Deck, ~e~ Patio, ~e. ._ Breeze~ay. ~c~s~P Cacage_ 2 ~R Utility room ~e X~at o~ ~a~ Air .Motwater' Fireplac~(s ) ~z No. ~cits 2 Airconditioning _ Domestic hotwa~mr OFF moIL5~pe heater_ ACCESSORY STRUCTURES: Garage, typ~ co. st. Swi.mming pool__ Othe£ Descri=tion I Art: I Sec. CAS~/J~/~IStl *Time start IO:~O ,end lO;~O __. 03-13-12;17:48 ; 7654843 TOWN OF SOUTHOLD BUILDING DEPAI~TMENT TOWN CLEP, K'S OFFICE SOUTHOLD, N. Y. # 3/ 5 ~,ECE~VED ~OARD OF APPEALS ~o CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at .,.~/~..~;l~'4~..~O~C'[~,..G3C, e~;l~:;i~C.~ ...... Streel ~o=~"o~f~...~.°.~%,oc~.o .......... ~.*. ......... ~o, ~o ...... 2~..~..2~ .............................................. conforms substantially to the Application for Building Permit heretofore filed in this office doted ................................ ,~1.%~3'~;...[~. ........... , lg.iJ~,~., pursuant to which Building Permit No,2~._~.~...~...O... dated ....................... ~%1~D~.~...~.~ ..........., 19..~.~., was issued, and conforms to ali of the requirements of ~he applicable prOViSiOnS of the I~w. The occupancy for which this certificate is issued is ........ .................... ~Z1/A~t.. O,bl ~, ..J:'2~3Lt~ ,~.. ~,,T.~ ZBG ............................................................................ The certlflcote is issued to ..,~.~.~.~,~..~..[~,...,~...~[~.,.....o,.~.,~.,t.~,..~, .................................................................. (owner, lessee or tenant) of the c~fo~esaid building. 03-13-12;17:48 7654643 NO. 4 ToWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southoid, N.Y. CERTIFICATE OF OCCUP~/~CY ~IVED BOARD OF APPEALS Date No '/.-20544 ,,, FEBRUARY 24t 1992 THIS CERTIFIES that the building L0cation of property 1665 SHORE DRIVE House No. County Ta~ Map No. lO00 Section 47 ADDITION Street ~lock 2 Lot 30 C~EENPORT~ N.Y. Hamlet subdivision Filed Map No. Lot No. conforms substantially to the Application fur Building Permit heretofore filed in this office dated JUNE Bt 1991 pursuant to which Building Permit No. 20219--Z dated OCTOBER 21r 1991 "was issued, and conforms to all of the requirements of the applicable provisio~s of the law. The occupancy for which this cortificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS AI~PLIgD FOR & TO ZBA #4053. The certificate J,s issued to DOU~¥aR & MO~gIQUE MO~HIS of the aforesaid building. SUFFOLK COUNTY DEPg~%'I~NT OF UEALTH APPROVAL. UNDERWRITERS CERTIFICATE NO, PLUMBERS CERTIFICATION DATED Rev. 1/81 ~' // B6it.din9 Inspector 4/ 5 03-13-12;17:48 ; 7654643 # 5/ 5 FORM MO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall ~outhold, N.Y. CF~RT'IFICA~,F~ OF OCCUPANCY RECEZVED BOARD OF APPEALS No Z-20543 Date FEBRUARY 24, 3.992 THIS CERTIFIES that th~ building Location of Property 1665 S~ORE DRIV~ HOUSe NO. County Tax Map No. 1000 Section 42 Subdivision ALT~,RATION & ADDITION street Block~ 2 Lot 30 Filed Map No. Lot NO. GREF/~POR~ N.Y. , .... Hamlet conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 19, 1991 ~ursuant to which Building permit No. 19678-Z dmte~ FEBRUARY 22, 1991 was ~ssued, end conforms to ~1 of the requirements of the applicabie previsions of the law. The occupancy for which this certificate is issued is ALTERATION ~ DORMER ADDITION TO EXISTING ONKF~MILY DWELLING The certificate is issued to DOUGLas & MONIQUE MORRIS of the aforesaid building. SGFFOLK COBNTY DEPARTMENT OF NE~LTH AppROVAL UNDERWRITE-RS CERTIFICATE NO. N-221152 - JANT]ARY 20~ 1992 PLUMBERS CERTIFICATION DATED FE.,BRUARY 19~ 1992 - ROY C. TAPLIN y/BuildingInspector Rev. 1/81 ~iEC~I'VEC~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALs WHEN TO USE THIS FORM: 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 district All 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. 2) Ad&ess of Applicant: ~ 3) Name ofL~d o~er (if oth~ than 4) Ad&ess ofL~d O~: 5) Description of Proposed Project: ~C~ ~ 6)Lo_qationofProperty(roadandt~txatapnumber): \k.~y' %'MG~( ~O~b CD£~,,,.~pd, t~r 7) Is the parcel within an agricultural district7 J~No les If yes, Agricultural District Number 8) Is this parcel actively fanned? Jim"Ne . ,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 num~,q maybe obtained, in advance, when requested from the ~_~rd of Appeals at 765-1809. Office of the Planning Board at 765- '~3ignature of Applicant Date Note: 1. The local board will solicit comments from the owners of 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 o£this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submi~ed 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 PROJECT ID NUMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicanl or Project Sponsor) n -n-a-~D OF 1. APPLICANT 1 SPONSOR 2. PROJECT NAME 3.PROJECT LOCATION: 4. PRECISE LOCATION: S;i~t Addess ami Road Intersecl~ons Prominent hmdmar~s etc -or ~rovlde mad 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially · ~-5~- acres UIlimately ~ ~--~ acres 8. WiLL PROPOSED ACTION COMPLY MM]TH EXISTING ZONING OR OTHER RESTRICTtONS? 9. WHAT iS PRESENT LAND USE IN VICINI]Y OF PROJECT? (Choose asmany as apply,) ~Resi6en~al [~lnd~ustrial ['--]Commercial [~griculture E~Park/Eo[esl/OpenSpace [--10~her (describe) t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTiMATELy FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State Or Local) 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~]Yes [~No If yes. list agency name arid permit / approval: l~eSsA ~[f~oLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature... ~w ,~ If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~,ECEIVED ,PPEALS PART FI--ENVIRONMENTAL ASSESSMENT (To De completed Dy Agency) A DOES ACTION EXCEED ANY TYPE ~ THRESHOLD IN 6 NYCRR PART 6174~ If yes,¢oordlnale Hge ce¥1ew process anc E. WIL~. ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617 63 I~ NC. a negahve ceclaral=o= D W~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHiARAC'rERISTIC$ THAT CAUSED THE ESTABLISHMENT OF A CEA? .-~ Yes [] No E. IS THERE, OR ~$ THERE LIKELY TO 8[ CONTROVERSY RELATED TO POTENTI~L ~DVERSE ENVIRONMENTAI. IMPACTS? ~'~ Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE [To be completed by Agency) iNSTRUCTIONS: For each adverse effect Idenflfied above, determine whether ~t LS substantial, large, important or other~eise significant, Each effect should be assessed in connection wifh its (a) setting (La. urban or rural}; (bi probability of occurring; (c) duration; irreversibi~ity; (e) geographic scope; and (fi magnitude. If necessary, add attachments or relerence supporting materials. Ensure that exbJanations contain sufficient detail fo show that all relevant adverse impacts have been identified and adequately addressed, if' quesfion D of Par1 II was checked yes, the determination and significance must evaluate the potential impact o! the proposed action on the environmental characteristics Of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse infl~?cts which MAY occur, Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any 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: Elizabeth Gardner ~OARD OF APPEALS February28,2012 Pathcia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: 1, Elizabeth Gardner, as owner, hereby authorize you to make any and all applications to the Zoning Board of Appeals and any other necessary agencies on our behalf regarding property located on 1665 Eay Shore Road, Greenport, New York (sctm: 1000-47-2-30) Very truly yours, Eliz~abeth Gardner APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) ~OARD 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 conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Patricia C. Moore Esq.__and Elizabeth A. Gardner (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 X Special Exception If "Other", nmne the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 thc Town officer or employee owns more than 5% of the shares. YES NO_X 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: Patricia C. Moor~ Print Name:_ Elizabeth A. Gardner ~ECEZVED LWRP CONSISTENCY ASSESSMENT FORM iNSTRUCTIONS ~OARD OF APPEALS 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 Permits 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- 13' x 13' screened porch over existing deck SCTM#1000- 47-2-30 1665 Shore Road, Greenport The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Zoning Board X Building Dept. __ Board of Trustees ~X 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: 13' x 13' screened porch over existing deck Location of action: 1665 Shore Drive, Greenport Site acreage: .25 acres. Present land use: residential Present zoning classification: R-40 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: Elizabeth A. Gardner (b) Mailing address: 2932 Davis Street, Oeeanside NY 11572 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (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: bulkhead built prior to 1962 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 dverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable RECEIVE[~ BOARD OF APPEALS screened porch over deck constructed in 1991 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 Existing developed site- fully developed area. (a o RECEIVED ~OARD OF APPEALS Attach 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 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 The existing bulkhead protects upland property. Existing deck remains with 13' x 13' screened porch. 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 the roof runoff of the screened porch will have dry wells 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 1II - Policies; Pages 22 through 32 for evaluation criteria. ~OARD OF APPEALS Yes No Not Applicable No change as screened porch is over an existing structure with the same setbacks. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Property previously developed with a bulkhead. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resoumes of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable property is a waterfront parcel with a single family dwelling. Screened porch enhances use of waterfront parcel. 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 Upland of bulkhead Attach additional sheets if necessary RECEIVED BOARD OF APPEALS 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 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 Not Applicable ~OARD OFAPPEAL~ TOWN Or ~HOLD BUILDING DEPARTMENT TOW~ HALL SOUTHOLD, NY 11971 TEL: (631) 765-1502 FAX: (631) 765-9502 www. uor th fork.net/Southold/ Examined ,20 Approved ,20 Expiration ,20 PERMIT NO. B~ING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? MAR - 2 2012 BLOG DEPt. TOWN OF SOUTHOLD Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20. a~ This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accumto 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 c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months at, er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Pennit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulatinns, 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 necessary inspecti°n~~eant~~ or n--e,am if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor electrician, plumber or builder Name of owner of premises ~Jr ~a. ~ E.TZ~ (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. 1. Locatiqn of land on which proposed work will be done: House Number ~t~e~t ' Han~let gt~Lq~ q .A Y~ Co~,T~MapNo. 1000 Section '~ 7 Block ~ a~[. 2~d Subdivision Filed Map No. Lq~:."> ? ~'"' '~'~ ':¢Y'e'xO 2. State existing use and occupancy of premises and intend{/d use and occupancy of proposed construction: a. Erastlng use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition ~OrO/t. Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee (Description) (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwe}ling units on each floor If garage, number of cars 6. If business, commercial or mixe&occupancy, specify nature and extent of each type of use. 7. Dimensionsofexistingstmctures, ifany:Front ~// Rear ~'/,.~' ~'' Height Number of Stories ,-2, Dimensions of same structure with alterations or additions: Front ~/ Depth Height_ Number of Stories Depth Depth 8. Dimensions o f entire new constmctlon: Front Rear Height Number of Stories 9. Size of lot: Front /OO Rear /~-:7' _Depth Rear ~,ECEIVED BOARD OF APPEALS 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO__ 13. Will lot be re-graded? YES__ NO Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __ * 1F YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a 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 property lines. 17. If elevation at any point on prope~y is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) ~a~c 6'-~d ss: ~ame of individual signing contract) above (S)He is the ~t, Co.orate Officer, etc.) of said o~er or omem ~d is duly au~orized to perform or have perfo~ed the said work ~d to make ~d file this application; that afi s~tements contained in this application are tree to the best of his knowledge and beliefi and ~at the work will be perfo~ed in ~e ma~er set fomh in the application filed therewith. ~..~..~_ __..Swomto before me t~sr, //' / '~ ~mic / ~ Signature of Applic~t NO. 01P~1~ u a - 9' ? ~-~ -,2 ~ TOWN OF sO_UTHOLD N S PROPERTY VILLAGE W RECORD CARD -~/Y/-/'/ DI .SUB. ~ LOT ~-/ ,..c..}. ~../,., , . ,'/., . k" ./Z., ,~ .-~/.-' ,, , ^cR. FJ t TYPE OF BU]LDING ~s.,.~/o ~.j sEAs. VL. I~u IMP, TOTAL /~.o0 /AOo ~- ~o o'~''/ AGE illable 2 illable 3 wc~mpland, rushland ~ A'/ / 3 :? C:' a ~.f) ~ 0 5':9 <", o o BUILDING CONDITION NORMAL BELOW Acre Value Per Ac re FARM COMM. CB. MISC. Mkt. Value DATE REMARKS .., ', , ';' , .. " - · ,~/ ,: %~' ~"- / ~: ..... .. .- ~', ~ .:~ 7- - ~.-~//:' / ~e / ' ' , Value -' ' ' I ¢ ~ , , jx . FRONTAGE ON WATER FRONTAGE ON ROAD louse Plot 0raj ~ "~ DEPTH BULKHEAD DOCK COLOR TRiM .~/., Exter~sior~, Patio Porch Dec k Breezeway Garage O.B. Pool Foundation Bath Basement Floors Ext Walls Fire Place Dormer Driveway Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2ncl Floor Dinette Kit. BR. Fin. B. L m Type Roof ..d ~ .C Rooms 1st Floor B~. Porch ~. ~Recreation R~w Reams 2nd Floor FIN. Porch iDormer ~tio ~OARD OFAPPEALS PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 15, 2012 [~OARD OF APPEALS Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered Re: G~/~DNER; 1665 SHOP. E DRIVE, G~EENPORT; SCTM: 1000-47-2-30 Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated March 8, 2012 2. Application, (includes prior ZBA decision) 3. Project Description 4. Questionnaire, C.O's. 5. AG Data form 6. Short EAF form 7. Owner's consent 8. Transactional Disclosure for all 9. LWRP form 10. Photos 11. Survey 12. Building plans 13. Town property Card 14. My clients check for the filing Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very truly yo%rs, ~atricia C. Moore encls. C: Ms. Liz Gardner (via email) ELIZABETH A. NEVILLE, MMC TOWN CLERK REGIST}tAR 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: DATE: RE: Southold Town Board of Appeals Elizabeth A Neville March 15, 2012 Zoning Board of Appeals 6560 Transmitted herewith is Zoning Appeals No. 6560 - Elizabeth A. Gardner Application to thc Southold Town Zoning Board of Appeals. Also enclosed is Notice of Disapproval dated March 8, 2012, Board of Appeals Action dated September 26, 1991, Applicants Project Description, ZBA questionnaire dated March 12, 2012, Building Department Pre-Existing Certificate of Occupancy, Building Department Housing Code Inspection Report, Building Department Certificate of Occupancy dated November 4, 1963, Two (2) Building Department Certificate of Occupancy dated February 24, 1992 #20543 & 20544, Agricultural Data Statement, Short Environmental Assessment Form dated March 12, 2012, Authorization Letter for Patricia Moore dated February 28, 2012, Applicant Transactional Disclosure Form dated March 12, 2012, LWRP Consistency Assessment Form, three (3) color photos, Application for Building Permit dated March 2, 2012, Copy of Property Card (3 pages), cover letter from Patricia Moore, Site Plan and Survey. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/15/12 * * * RECEIPT * * * Receipt#: 127760 Transaction(s): 1 ZBA Application Fees Reference Subtotal 6560 $500.00 Cash Total Paid: $500.00 Name: Gardner, Elizabeth A 2932 Davis St Oceanside, NY 11572 Clerk ID: LYNDAR Internal ID: 6560 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 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 1t79, Southold, New York 11971-0959, on THURSDAY, MAY 3, 2012: 11:00 A.M. - ELIZABETH A. GARDNER #6560 - Request for Variance from Article XXll Code Section 280-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: t665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-47-2-30 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: April 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 zo. .o 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 April 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,May 3, 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 April 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 area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the 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 fo obtain a mailing 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 durinq the hearin.q, providinq the returned letter to us as soon as possible; AND not later than April 23rd: 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 April 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 Postin,q for receipt by our office before May 1, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GARDNER, ELIZABETH # 6560 SCTM #: 1000-47-2-30 VARIANCE: BULKH SETBACK REQUEST: ADDITIONS DATE: THURS., MAY 3, 2012 11:00 AM If you are in.terested in this project, you may review the file(s) prior to the hearing dur, ng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #10649 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_.1_ week(s), successfully commencing on the 19Ih day of April, 2012. i , (~ncipal Clerk ¢" ~-'~''~'~' ~/~'('~ 2012. Sworn to before me this ~,v .~,) day of NOTARY PUBLIC-STATE OF NEW YORK NO. 01 V06105050 Qualified In Suffolk Cour~ty My Commission Expires Februoi¥ 28, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 3, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chaptei 280 (Zoning),Town of Southold, the fo(lowing public bear- ings will be held by thc SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY MAY Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 5, 2012 10:0OA.M.- OLIVER and GLORIA 10:g0 A.M~. ROBERT SULLIVAN g6563 - Request for Variance from Arti- cle XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February g, 2012 Notice of Disapproval concerning proposed additions and alterations to a single fanlily dwelling, at;l) less than the code reqnixed bulkhead setback of 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY, SCTM#1000-104-13-g 10:40 A.M. - LINDA PIZZOLLA g6564 - Request for Variances from Ar- ticle 1V Code Section 280-18, based on an application for building permit and the Building Inspector's January 24, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Carrington Road, 2) less than the code required front yard set- back of 50 feet to Nassau Point Road, located at: 4800 Nassau Point Road (cor- ner Carrington Road) Cutchogue, NY. 11:00 A.M. - ELIZABETH A. GARD - NER #6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building per- mit and the Building Inspector's March 8, 2012 Notice of Disapproval co~ncerning screen porch with outside shower over ex- isting deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenpert, NY. SCTM#1000-47-2-30 11:20 A.M. - RICHARD MEYER- ~ - Request for Variances from Article XXIII Code Section 280- 124, based on an application for build- ing permit and the Building Inspector's January 12, 2012 Notice of Disapproval concerning proposed demolition and re- construction of a single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the code required minimum side yard set- back of 10 feet , 3) less than the code required total combined side yards of 25 feet, 4) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Island Sound)) Greenport, NY. SCTM#1000-53-6-23 11:40 A.M. - JUSTIN and SMITH g6561 - Request for Variances from Article XXIII Section 280-124 and Article IfI Section 280-15 based on an application for building perrati and the Building lnspecter?s July 29 , 201L upda~. ed March 20, 2012 Notice of Disapproval concerning addition and alteration to an attached by breezeway accessory garage, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height alinwable of 22 feet, located at; 1040 Founders Path (corner Landon Road) Southold, NY. SCTM# 12:00 P.M. - LAURA YANTSOS #6562 - Request for Variance from Ar- ticle XXIII Section 280-124 based on an application for building permit and the Building Inspector's Marcli 6,~2012 Notice of Disapproval concerning "as built" addition to an existing single fam- ily dwelling, at; 1) less than the code re- quired side yard setback of 10 feet, lo- cated at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. 1'.20 P.M. - LISA and DAV~ID FARELLI #6488 - (Re-Onened ~om August 4. 2011 nubile hearin~.l On Au- gust 18, 2011 the Zoning Board of Ap- peals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Ar- ticle XXIll Code Section 280-122 based on a bnilding permit application for ad- ditions and alterations to a nonconform- ing bnildnig, located at; 1335 New Suffolk Road Cutchogue, NY. SCTM# 1000-109- 7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the public hearing to consider additional facts not in the record concerning two principal uses on the site and compliance with lot area requirements as set forth in the memorandum from the Planning Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinetrt Town records. Carryover Hearings, continued from prior meetings and pending additional information; Adjourned f~om Public Hearing April 5, 2012 2:00 P. M, - WILLIAM TONYES - #6553 2:15 P.M. -GEORGE sCHNEIDER Avenue (comer Willow Street), Cu- tchogue, N'L SCTM#1000-103-7-20 · 2=30 P.M. - BARRY ROOT #6559 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval con- corning proposed partial demolition and reconstruction with additions to a single family dwetiing, at;1) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Pdchmond Creek) Peconic, NY. ScrMg1000-86-6:20 250 P.M. · HERNAN MIC~IAEI, OTANO (BREEZY SHORES] #65~7: Request for Variance from Article XXIII Code Section 280-123 and the Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval based on an application for building per- mit for damolition;and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconsh-ucted, struc- turally altered or moved, unless such building ia-changed to a.conforming use, incat~d at: g5.Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island,Sound) Greenport, NY. SCTM#1000-53-5-12,6 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, ~ndior desiring to submit written statements before the ~onalusion of each hearing, Each hearing will not start earlier than designated above. Files are available for review dttring regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765,18~, or by email: Vicki.Tot h@Towa.Sout.holdmv, us. Dated( April 9,~0~ ...... Z O~I~N G ~4~ O F. Atq~EA L S LESLIE KANF~ WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MallingFUSPS) P.O. Box 1179 Southold, NY 11971-0959 10.649-1T 4/19 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ELIZABETH A. GARDNER (Name of Applicant) CTM Parcel #1000-47-2-30 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 16th day of April, 2012, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this ~ of~April, 2012 (N"btary Public) MARGARET C, RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ~:~ O/G-"- GARDNER SCTM: 1000-47-2-30 NEIGHBOR MAILING LIST ~0 ROBERT D. EICHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 $CTM: 1000-47-2-30 MICHAEL BEHRINGER 25 CAT ROCK ROAD COS COB CT 06807 SCTM: 1000-47-2-31 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 SCTM: 1000-45-7-7.3 RECEIPT 7192 8463 3110 0001 1689 FROM: Moore Law Offices RE GARDNER ZBA RECEIPT 7192 6463 3110 0001 1696 FROM: Moore Law Offices RE GARDNER ZBA RECEIPT 7192 6463 3110 0001 1702 FROM: Moore Law Offices RE GARDNER ZBA SEND TO: ROBERT ETCHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 FEES: Postage 0 45 Certified Fee 2 95 Return Receipt 2 35 Restricted TOTAL $ 5.75 POSTMARK OR DATE SEND TO: MICHAEL BEHRINGER 25 Cat Rock Roa~ Cos Cob CT 06807 FEES: Postage 045 Certified Fee 2 95 Return Receipt 2 35 Restricted TOTAL $ 5.75 POSTMARK OR DATE SEND TO: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 FEES: Postage 0 4~ Certified Fee 295 Return Receipt 2 35 Restricted TOTAL $ 5 POSTMARK OR DA' ':1 MOORE L~m~OFFICES 51020 Mg ROAD SOUTHOLD~"NY 11971 4. Resld Delivery? 3, Se~ice Type (Extra'~e) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 1702 7192 6463 3110 0001 1702 t. Article Addressed To; TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 51020 MAIN ROAD 'SOUTHOLD NY 11971 Signature~. or [3 Agent) (Please Print Clearly) 'sAddress 4. Restricted Delivery'~ 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 1696 7192 6463 3110 0001 1696 t. Article Addressed To: MICHAEL BEHRINGER 25 CAT ROCK ROAD COS COB CT 06807 MOORE LAW OFFICE~? 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: (Please Print Clearly) C. Date of Delivery Addressee' 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 1689 7192 6463 3110 0001 1689 I. Article Addressed To; ROBERT EICHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 ZONING BOARD Of APPEALS TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of ELIZABETH A. GARDNER AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-47-2-30 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the~/Jday of April, 2012, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, May 1, 2012. ~atrteTa C. Moore Swgrn to before me this '~-~ day of AFrff, 2012 Quahfied ~ Suffolk County ~mmi~io *near the entrance or driveway entrance o~the propeAy, as the area most visible to passersby. 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.no~.net BOARD OFAPPEALS TOWN OF SOUTHOLD ~1.(~1) 765-1809 Fax(Ol) 765-9064 March 15, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6560 GARDNER, Elizabeth A. 1000-47-2-30 Dear Mark: We have received an application for screen porch with outside shower additions over existing deck. 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, Lesl'~Weisman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 15,2012 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 # 6560 Owner/Applicant: GARDNER, Elizabeth A. Action Requested: Screen porch with outside shower addition over existing deck. Within 500 feet of: ( ) 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. Les '~K. Weisman ~ ,(' ZB,(~t~irp~r~)n PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered May 9, 2012 RECEIVED BOARD OP APPEALS RE: ELIZABETH A. GARDNER PROPERTY ADDRESS: 1665 Shore Road, SCTM: 1000-47-2-30 Greenport Dear Chairman Weisman & Board: With reference to the above and pursuant to your request at the hearing held on May 3, 2012, enclosed please find the Neighborhood Character Analysis (7 sets) together with variances issued for the neighboring properties. If you have any questions, please do not hesitate to contact me. Very truly yours, ~cia C. Moore PCM/bp encls. C: Ms. Elizabeth Gardner RECEIVED ELIZABETH GARDNER MdT SCTM: 1000-47-2-30 80ARD. 0&',¢¢;~ t to No undesirable change will be produced in the character of the neighborhooa nearby properties if granted. Attached photographs (exhibit A) show the location of neighbor's homes and the proximity to the bulkhead. Ms. Gardener's screened deck will be set back further from the bulkhead than the neighbors additions and decks. The Gardener's predecessor in title, Douglas & Monique Morris, requested and received a variance for an open deck. After the Morris's variance in 1991 were granted, John Shack in 2006 (47-2-26.1) and Evan Akselrad in 2004 (47-2-27) requested and were granted significant expansions which reduced the setback to the bulkhead which protrude beyond the Gardner's setbacks. The following variances to the waterfront parcels have been granted and are attached herein: Parcel Variance Setback to bulkhead 1. (exhibit B) 6/25/79 #2564 area variance to subdivide 1000-47-2-26.1 merged parcels John Shack Jr. 1st Variance 1. 1000-47-2-26.1 9/20/93 #4190 40' from bulkhead John Shack Jr. Deck Addition 2'a Variance with condition condition "the deck shall remain unroofed and unenclosed" John Shack Jr. 10/5/06 #5933 40' from bulkhead 1000-47-2-26.1 Large Addition to house, Board finds that "many of the doubling the size of the improved lots in the 3'a Variance and substantial house. The new addition is immediate area have non- expansion of existing house 40' from the bulkhead conforming side yards, as with enclosed & covered adjacent to the existing deck. well, and existing homes porch. Also approved upper The house design has a 14' have nonconforming balcony/deck on plans roof on the southeast side, bulkhead setbacks" adjacent to the deck, and the 17' addition on the west side of the deck 40' from the bulkhead see: 1000-47-2-28 6/25/79 #2564 Area variances to subdivide (Tax Lot 26.1 and 28 merged parcel merged) 2. (exhibit C) 10/7/04 #5590 46.2' to bulkhead and the 1000-47-2-28 Construction of a new two entire deck (30') is roofed Evan Akselrad story dwelling with covered over with a second floor & enclosed water front deck balcony/deck which raps (New House) (entire deck enclosed) and around to the side over a second floor balcony cut second deck 3ra Variance into roof 1000-47-2-28 8/6/82 #3021 45' to bulkhead Mary Sayegh Construct addition to existing one story dwelling, variance 2~d Variance to reduce setback to bulkhead & side yards 1000-47-2-28 6/25/79 #2564 Mary Sayegh subdivide property with pt Variance insufficient width and area 3. (exhibit D) 1000-47-2-30 ! Pending #6560 maintaining existing 45.5 Applicant covered screened deck setback of deck (exclusive of Elizabeth Gardner 13' x 13' over existing open steps) to bulkhead deck and second floor open 2nd Variance balcony cut into proposed roofi 1000-47-2-30 #4053 9/26/91 approved 40' from bulkhead Douglas & Monique Morris construct 12' x 34.7 open deck addition 40' from 1st Variance bulkhead ZBA condition "open & unroofed as applied" Google Map-(exhibit E) shows development of waterfront lots on Shore Drive, the lots appear on a filed map of Map of Greenport Shores, Section 1 (# 1759) All the waterfront homes along Shore Drive are located within 75 feet of the bulkhead. The above variances have been granted allowing the homes to construct additions and new homes at less than 75 feet from the bulkhead. Each of the above parcels have received multiple variances and reconsideration of prior conditions. The condition that the deck remain open and unenclosed has not been treated uniformly or consistently. Large additions have been constructed (see 1000- 47-2-28 and 1000-47-2-26.1) which place the structure at less than 75 feet from the bulkhead. The Gardener application is maintaining a greater setback to the bulkhead then her surrounding neighbors. ~%o Exhibit B A~P~N~ 2564 Dd~ J~e 25, 1979 Mer~ Sa~yegh 515 Shore Drive Greener New York ~1944 DA~ Aug. 10, 1979 attme~do~e~e~fB~ud~Ap~mbm July 26, 1979 ~m~ b~amo 9W05 ~.M. (D.S.T.) U~n application of~ Sa~egh; ~iole III, Section ~00-31 ~ ~lk Park~g Sch~ule ~or* p~ssion ~ divide property wi~ insufftc~t wld~.~ ~ea. ~atton of by ' S~re~r°~y = eas= ~ C~sko; ~u~ by Pip~ ~ove; west ~ Morr~s. and (w~M) (w~M m~) ~ ~ ~y., ~o~e~ ~EE REVERSE After investigat~on and insp~ction the Board finds that the appli- 0ant is the owner of a Vacant Xot on P~pes Covet Greenport, New York~ which ~s p=esently merged to her house lot. The applicant W~hes ~o .~iviae this lot from the house property in order to build a ~welling for herself. The newly created lot will confo=m in size to the other lots in the neighborhood and in some instances will be larger. The Board agraes w~th the reasoning of the applicant. On motion of Mr. TuthXll, seconded by Mr. Grigonis~ it was R~SOLV~D~ that Mary Sayegh, 515 Shore Drive, Greenport, New York, be GRANTED permission to divi~e property with insufficient wid~h an~ area. Looa~ion of property= Shore Drive, Greenport, New York~ hounded on the north by Shore Drive~ east by Chasko~ south by Pipes Cove~ west by Morrist upon the following condit~ons= (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County ~lanning Co~iss~on. Vote of the Board= Ayes~ Messrs= Douglass, Grigon~s, Do~en an~ Tuthil~. ~CEIVED AND Fr~.RD BY T~u~ SOUTHOLD TOWN ~ ?own ~ Tow~ of Sc~tl~old ~ (~) 765-180~ TOWN OF SOUTHOLD ACTIO~ OF TH~ BOARD Appl. NO. 4190. U~on appl~cation of _JO~N AND MARIE S.. -~a~K for a V~l~ce ~o the Zon~g Ordinate, ~ti=le ~II, Se~ion 100-239.4B for ~ssion to =ons~=t d~k ~on wl~ ~5 feet of b~ead at P~p~ Cove, ~reen~rt ~hor~. Pro~=t~ ~=a~on~ Sho=e Dr~ve, ~reenpo~, Green~rt S~r~s ~ ~t Nos. 16, 17 p/o 15~ c~ty T~ Ma~ Pa~el 1000-4~-2-26.1 (prey. 26). s~]ect Pr~s~s is s~s~d in s~ze ~ Is locat~ In the R-40 ~-~lty ~sid~n~al lon~ District. ~, a ~lic hearing was ~ld ou ~t~r 20, 1993, a~ which t~e ~1 ~ose who desired to ~ heard were heard a~ their test~n~ recorded~ ~, the Board has carefully co~l~r~ all test~ony and ~entation ~it~ conoer~ng ~s ~plioation~ . ~, S~rd ~rs have ~rsonally vi~ ~ are f~li~ wt~ ~e pr~ses In ~esti~ ~ pro~r~es ~ the s~ro~ng {R-40) zone ~strict~ ~, ~e B~d ~de ~e ~ol~ow~g Fi~s of Fact: 1. B~ ~s appl~cation, ap~l~n~ se~ a vari~ce ~t[cle ~II, Section 100-239.4B for a~roval of ~ o~n a~tion/ext~sion at ~e re~ (sou~easterly ~d) of the deck e~s~n~ dwelling, all as sho~ on the sketch as ~nded a~ Prem~ ~ ~e a~l~c~. ~e d~i~ of ~e ~ok are pro~s~ at 14'0- by 22~0- wide, which ~11 leave a 40 se~ fr~ ~e ~sting bul~ead. A s~-foot wide step area pro~s~ for a dep~ of 18" to 22" (for ~ or =~ee steps) ~he re~ of ~e pro~s~ deck. ~ere w~ll be ~ r~uction in e~er side--d, ~d only a part of the deck, ~,~ entire ste~ area, Pr0t~des ~st the rear of the house t~ards ~e bul~ead. 2. The Pr~ses in ~estion is i~utified on ~e Suffolk Coun=y T~ ~ as Di~trict 1000, Sectl~ 47 Block 2, Lo~ 26 and contai~ a total lot area of apprOx~ate~y '14,250 sq.~ft.' · ~2 -APP1. No. 4~9D ~ter of JOiN'AND MA~E S. S~ACK lsion Rendered September 20, 1993 ~. ~ttcl~ ~II, Section 10~-239.4B o~ the lo~g a bu~ea~, ~rete wall, ri~ra~ or s~il~ s~e exists an~ Which is ~Jac~t to till water ~es o~er ~ the Isla~ ~ to ~ set ~ck Dot less ~ se~nty-five (75) feet fr~ ~he bu~ead. ~e' set~=k of ~e ~ll~g ~ exists is pres~tl~ ~confo~ng a~ approx,=ely .43 fee~ fr~ the ~ead at its cl0se~ ~Ent. ~e ~lling was prior to 19~2 ~ pree~sts t~s L~al Law (w~cB first effecti~ in ~rch 1985). 4. In ~onsldering t~s app~catiun~ ~d ~ers ~a) the reliuf 'r~est~ is no~ s~s~ial in relation to ~e ~is~ing est~lis~d no~o~ing se~ac~ existing on this ~r~rt~ an~ near~ water~r0nt (b) t~s pro~sed co~t~tion is ~trictly for ~ open d~k ~dl~io~ wi~out a fo~dation or bas~nt a~ without a scr~ or ~ent-c~ eno~o~e. ~ ~ Of cons~uction is ~t. Consi~er~ ma]or ~d will not aff~ ~e st~ility of ~e 2'. {c) ~he relief r~es~ will not al~r ~h~ essential o~rac=~r of ~e neig~orh~ - the to~aphy of ~rcels in ~diate area have sig~fi=~t d~fer~e~ In t~aphy, s~ an~ c~r in r~la~ion to the =re~k ~or~l~es, h~r, each are ~ea~d ne~ ~he or~l~ ~ghwater l~e to ai~ In ~e (d) ~e practical diffioul=ies cla~ are (e) ~e grant of the relief as re~est~ will not t~n ~ a~verse to the s~ety, heal~, welfare, neig~ring pro~ies ~ {f) there Is a greater ~nefl~ afford~ to the property ~er t~ the ~lic, although the r~uot~on from existing nonco~fo~ng se=back is ~n~l as r~ested, an~ there will-not~ ~.~etr~en~ to ~he heal=h, safety, ~d welf~e of the neig~rhoo~ c~lty by ~e gr~t of t~s v~i~ce; (g) the benefit sought ~ the applic~ts c~ot be a=~e~-by ~-o~er me~, feas~le for ~e app~c~t to' ~rs~e,-other ~ ~ area v~l~ce -- ~r~cularly in light of the establish~ noac~o~ties in t~s neig~orho~; Agpl. No.\4190' of JO~N AND MARIE $. SHACK Rendered September 20, 1993 /~ (h) in view of all the above, the interests oi Justice ill be served by the grant of the requested relief as requested cond/tionally noted below. Accorclingly, on motion by Chairman Goehringer, seconded by M~mber Doyen, it was RESOL%~), to ~RANT th~ relief as requested in the ~at~er of the A~l[ea~on Of JO~N AND ~A~IE S, SHACK under Appeal No. 4190 for a proposed open deck, SUBJECT TO '&a~ FOLLOWING C~DITIONS~ 1] the setback shall not less than 40 feet from the ex/sting b~lkhea~, except that a 18" to 22, (max~ depth) step area at a ~dth of s~x feet may be added at the rear of tbs deck. 2) the deck shall re~ai~ ~nrcofed and n,~closed at all times {no temporary enclosures such as screening} ~ 3) outdoor lighting which may be proposed shall be shielded toward the ground so as not to glare onZo nearly lands. Vote o~ the Board: Ayes: Messrs. Goehri~ger, Doyen, Din£zio, V~lla and Wilt0n. This resolution was duly adopted. RECEIVED AND FILED BY ] THE SOU?HOLD TO~ CLERK I DATE HOU~ ~ _ ~OUTItGLD, KY, It~71 P~PES ,, ,COVE TOWN OF S~rIUI'HO[ ISCAL~: 40°~ I'~ APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.nort h fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2006 Mailing Address: Southold Town Hall 53095 Main Road · EO. Box 1179 Southold. NY 11971-0959 Office: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED 3 2006 Southohl Town Clef} ZB File No. 5933 - John Shack Jr. Property Location: 1265 Shore Drive, Greenport CTM 47-2-26.1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 15,746 square foot non-confoiming parcel in an R-40 Zone and is improved with a single-family, one-story frame house with wood deck and patio, as well as a detached one story frame garage, as shown on the September 1, 1998 survey prepared by Peconic Surveyors, P.C, BASIS OF APPLICATION: Requests for Variances under Sections 280-122, 280-116, and 280-124 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 19, 2006 and June 23, 2006 concerning proposed additions, alterations to the existing single- family dwelling for the reason that the additions and alterations will constitute an increase in the degrae of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 ft. total side yard minimum, and proposed less than the cede-required 75 ft. minimum from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006 and September 28, 2006, at which time wriffen and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant's odginal request was for a very large addition to attach the existing home with the accessory garage and to build second-story addition(s), resulting in a new nonconforming setback on one side yard at 6.91 feet and the other side at 19.42 feet. for the enlarged principal building (single-family dwelling with garage). ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 31, 2006 public hearing, the applicant was requested to increase the setbacks as an alternative that would be more conforming to the code's setback requirements of 10 feet minimum side yard and minimum 75 ft. from the bulkhead. The applicant agreed, and on September 22, 2006 submitted an alternative plan increasing the side yard to 9 feet instead of ltt. 9.5 inches, and increasing the setback to the bulkhead to 40 feet. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicant is requesting additions and alterations to expand the existing dwelling, after attaching the accessory garage building, for an overall Page 2 - October 5, 2006 ZB File No. 5933 -John ,< CTM No. 47-2-26.1 enlarged principal building (single-family dwelling), and with a set back less than the code-required 75 feet minimum from the bulkhead and less than 10 feet on a single side yard. A Determination of Inconsistency was issued on July 18, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of altamative relief in this variance application will increase the setback measured from the area of new construction (addition) and the bulkhead to maintain the minimum setback of the existing dwelling, and denies the applicants requests for substantial variance relief. The alternative relief granted herein will meet code minimum requirements of 53.3% for the setback of the new addition, under the stdct requirements of Section 280-116 (100-239.4B) of the zoning code, All new construction will be required to conform to the Zoning Code minimum standards applicable on a parcel containing only 15,746 square feet, except that a variance is granted for a one-foot reduction on the easterly side yard. Since the additions to the dwelling on the subject property ara being dramatically constructed as proposed, it is reasonable to eliminate any the extreme non-conformity of the existing house and require the greatest reasonable degree of conformity with the Zoning ragulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. SPECIAL EXCEPTION REQUEST WITHDRAWN: During the August 31, 2006 public hearing, the Board and the applicant also discussed the required conditions and eligibility requirements in the Zoning Cede for a proposed Accessory Apartment within an existing principal dwelling. The applicant confirmed he is not able to create the Accessory Apartment within the existing single-family dwelling with its present size, and that the additions are necessary to increase the living areas. During the September 28, 2006 hearing and by submitting a letter dated September 9, 2006 to the ZBA from the applicant's Architect (Robert G. Bessolino), the application for the proposed Accessory Apartment was withdrawn. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of altemative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The original request of the applicant was substantially crowding the side yard adjacent to neighboring premises. The side yard relief granted as an alternative is one foot, for a 9' setback instead of the code--required 10' setback. Many of the improved lots in the immediate area have a non- conforming side yard or have a non-conforming setback from the bulkhead adjacent to the waterfront of Pipes Cove. 2. The benefit sought by the applicant can be achieved by the some method, feasible for the applicant to pursue, other than the original request for area variances. Alternative relief is addressed below which increases the setbacks to be more conforming to the code requirements and reduces the lot coverage to less than the code limitation of 20% for all building construction on the lot. 3. The variances as applied are substantial, however, the applicant has offered an alternative plan, based on discussions at the public hearings with the Board, which are not substantial with greater conformity to the code, increasing the side yard setback substantially and maintaining a minimum 40 ff, setback from the bulkhead. 4. The difficulty has been self-created. 5. The alternative relief herein increases the setbacks to be more conforming to the cede requirement. No evidence has been submitted to suggest that alternative relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the improved lots in the immediate area have non-conforming side yards, as well, and existing homes have non-conforming bulkhead setbacks. Page 3 - October 5, 2006 ZB File No. 5933 - John Shack J CTM No. 47-2-26.1 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to DENY the variance as applied for, and to GRANT ALTERNATIVE RELIEF as shown on the 9-15-06 amended construction plans (diagrams 1 & 2) prepared by Robert A. Bassolino, Architect as follows: 1. That the single side yard be increased from 1' 9-1/2' to a minimum of nine (9) feet on the easterly side of the property. 2. That the setback from the bulkhead be a minimum of 40 feet. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, ara not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, selback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliya'-{Chairwoman), Goehringer, Dinizio, Simon and Weisman. Re, o,ut,onwa, du,yadoptedl 0,. RuthD. Oliva 11/ ~ /06 Approved for Filing This Robert G. Bassolino R.A. ArChitect 28-55 2149 Place, Bayside, NY 11360 (718) 225-9161 Board of Appeals Town of Southold Re: 1265 Shore Rd. 6eptember 9, 2006 SEP Board Members; ~/~. As per the being of Au~st 31,2006, I m presenting the follo~ng together ~ a site pl~ dated September 9, 2006. The application for an Accessory Apartment is to be withdrawn. The kitchen will be omitted and the space is to be a bedroom. The Board requested that the east side yard is to be 9 feet. It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it I foot to the west. The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. Note the extension towards the bulkhead has been reduced by 5 feet as per the request of the Town Trustees. This reduction places the building at 40 feet from the bulkhead without any further reduction. The initial measurement to the bulkhead was taken at the west end of the property. Since the bulkhead angles to the south as it goes east, the distance from the extension to the bulkhead increases. Therefore, this resulted in providing the 40 feet as requested. The Board requested computations as to the coverage. The proposed coverage will be 3145.9 sfresulting in 19.9 %. Coverage as per survey by John Metzger dated August 8, 2006 is: 3284 sf. on lot area of 15,746sf. However there will be the following reductions: Deduct the projection of the garage at the east: 6.1' x 16.5' =100.65sf Deduct the width of the garage and extension: 1.0' x 37.42' = 37.42sf Total deduction: = 138.07sf Total coverage = 3145.9sf Pement of coverage= 19.9% Respectfully submitted, ~eCoert Bassolino, RA Rober,?G. Bassoll no R.A. Arc tect 28-55 214 place, Bayside, 11360 :(718)225-9161 Board of Appeals Town of Southold Re: 1265 Shore Rd. Board Members; $[? V. ~ '?~e~tember 15,2006 As per the hearing of August 31,2006, I am presenting the following together with 7 copies of this letter and revised drawings 1, 2, &3 dated September 15, 2006. The owner requests that the aPplication for an Accessory Apartment be withdrawn. The kitchen has been removed and the space is to become the fourth bedroom. Also the deck from this space has also been removed. See drawing 3. The Board requested that the east side yard is to be 9 feet. It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it 1 foot to the west. See drawing 1 & 2 The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. See drawing 1 & 2. Note the extension towards the bulkhead has been reduced by 5 feet as per the request of the Town Trustees. This reduction places the building at 40 feet from the bulkhead without any further reduction. The initial measurement to the bulkhead was taken at the west end of the property. Since the bulkhead angles to the south as it goes east, the distance from the extension to the bulkhead increases. Therefore, this resulted in p.r.o, viding the 40 feet as requested. The Board requested computations for the coverage. The proposed coverage will be 3140.5 9 square feet, resulting in 19.94%. See drawing 1. ~~.bmitted, ~lno, RA i ol SHORE LOT (~ LOT ~OT (~ o-o~r~ ~r nor ~ cav~nc~ ~m r~ L~W. SURVEY OF LOTS 16, I? & P/LOT 15 AREA = 15,746 sC ft. to ti gne PIPES COVE PlO LOT (~ A T GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY. N Y. ~0 - 47 - 02- PlO 2~ SEPT.[ ~ Exhibit C APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Gochringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. http://southoldtown.notthfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 7, 2004 ZB Ref. 5590 - EVAN AKSELRAD Property Location: 1355 Shore Drive, Greenport; CTM 47-2-27 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 NOV 1 0 )04 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines thai this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,262 sq. fl. parcel has 100 ft. along the south side of Shore Drive, and average lot depth of 130 feet. The property is vacant, and a wood bulkhead borders the southern end of the property along Pipes Cove. BASIS OF APPLICATION: Building Department's April 12, 2004 Notice of Disapproval, amended August 2, 2004, citing Section 100-244B, in its denial of a building permit to construct a new single- family dwelling, for the reason that the setback is less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is proposing a new dwelling. In the original submission, a variance was requested for a 62' by 30' size, plus front porch and two decks, as shown on the February 19, 2004 survey prepared by Fox Land Surveying, amended April 7, 2004. The closest setback to the bulkhead in the original submission notes a proposed distance of 43.7 feet. .ADDIT ONAL INFORMATION: During the September 14, 2004 public headng, the applicant's agent was requested to increase the setback for a possible alternative plan that would be more conforming to the code's bulkhead setback requirement of 75 feet. On 9/23/04 the applicant submitted a revised plan for the new dwelling, with a reduction in the size of the rear deck to 10 feet, increasing the setback to 46.2 feet from the bulkhead, shown on the survey prepared by Fox Land Surveying, amended September 15, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - October 7, 2004 ZBA Ref 5590 - Evan Akselrad CTM id: 47-2-27 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board in its reviews observed the existing homes in the area for similar setback distances. The community as a whole is made up of 19 lots along Shore Road, 17 of which are improved with dwellings. Most appear from the road to be closer than the 75 ft. code requirement. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot contains a maximum depth between the street and the bulkhead of 131 feet along the west side, and a total lot size of 13,262 square feet. Pipes Cove and a bulkhead border the southerly end of the property. The code requires a minimum 35 ft. front setback along Shore Drive on the northem end, leaving 20 feet, or less, for a dwelling plan. 3. The variance granted herein is substantial because the code-required minimum from the bulkhead is 75 feet, and this is a 38.4% reduction from that requirement. 4. The difficulty was not self-created, in that the applicant has tried to conform to the code requirements, and request a single variance, the setback to the bulkhead. 5. No evidence has been submitted to suggest that a variance in this community of smaller lots improved with single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood, 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Chairwoman Oliva, and duly carded, to DENY the variance applied for, and to GRANT alternate relief, as shown on lhe survey prepared by Fox Land Surveying, amended September 15, 2004 and elevation diagram dated 9/13/04, prepared by Anchor Consulting. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other page $ - October 7, 2004 ZBA Ref 5590 - Evan Akselrad CTM Id: 47-2-27 features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva~.Chairwoman), Goehringer, Tortora, Odando, and Dinizio. This Resolution was duly adopted (5-0).,.) (. /-..~.~"'~ ,] /~\J/" .~, . Ruth D. Oliva',VChairwoman 11/9/04 Approved for Filing J Survey for: EVAN AKSELRAD YASMINE D. ANAVI Lot lO ~ 19 "Cre~port S~es, Section I" HOLE DATA At Suffolk County. New Yo~ Front Elevation I/8" = 1'-0' NOT FOR CONSTRUCTION [~ Rear Elevation 1!8= ILO' ............ AIO01 SEP 2 3 ~04 ~ Survey for: EVAN AKSELRAD YASMINE D. ANAVI Lot 18 J: ~9 "Gree~port Shcrres, Sec~o~ At Gree~port Town of $ot~tho[d Suffolk County, New York S C.T.M.: I000- 047.00- 02.00 - 02 ?.000 (631) 288-0022 ~I__L~__ 2 km SW oi~ ~ United States JUL ~ ~ . : htlp://terra~rver.microsoft,com/printimage,aspx?T= &S:: 10&X: 3600& Y=22761 &Z= 18&W... 5/11/04 Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3021 Application Dated August 6, 1982 TO: Mrs. Mary Sayegh [Appellant ~s) ] 515 Shore Drive Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on September 30, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [~ Request for Variance to the Zoning Ordinance Article III , Section 100-31 [ I Request for' The public hearing on this matter was held on September 30, 1982. Application of MARy SAYEGH, 515 Shore Drive, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission t6 Construct addition reducing the rearyard setback at.premises known as~515 Shor~ Drive, Greenport, NY; Greenport Shores'Section I Subdivision, Lots 20 and 21; more particularly identi- fied as County Tax Map Parcel No. 1000-047-02-028. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an addi- tion to the existing one-family, one-story dwelling with an insuffi- cient setback from the northeasterly property line of seven feet and an insufficient setback from the rear property line (bulkhead) of 45 feet. The existing dwelling is presently set back 55 feet from the bulkhead or rear property line, 34' from Shore Drive, and 25.7 feet from the westerly side property line. Appellant intends to enlarge the dwelling structure for additional living floor area. The board is in agreement with the reasoning of applicant. In considering this appeal, the board det~ines that the variance request is not substantial; that the circumstances herein are unique and praotical difficulties have been shown; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method feasible to appellant other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3021, application of MARY SAYEGH, for permission to construct addition to the existing dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (CONTINUED ON PAGE TWO) DATED: October 5, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 {rev. 12/81) Page 2 - Appeal No. 3021 Matter of Mary Sayegh Decision Rendered September 30, 1982 69° feet;1. There shall be a minimum easterly sideyard setback of eight side.2. No further sideyard reductions shall be permitted on either Location of Property: 515 Shore Drive, Greenport, NY; County Tax Map Parcel NO. 1000-47-2-28. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. Clmirman Boaml of Appe~b RECEIVED AND FILED BY ~a s0~,,c~ row~ cum~ To..ut Clerk. Town of Southol4 · · · at amee~go~theZom~g~dofApp~s~oa JUly 26, 1979 ~ ~'-- 8:05 ~.M. (D.S.T.) Upon application of ~ry sayegh, 515 ~icle III, Section 100-31 and Bu~ P~king Scheme for pe~ssion to divide prope~y wi~.insufficient width.and area. ~cation of pro~y: Shore Drive, Green~rt, New York, ~d~ on the north by S~re Drive; east by Chasko; south by Pi~s ~ve; west ~ Morris. SEE REVERSE ss~ ~w~a~ APPROVED After imvestigation and inspection the ~oard finds that the appli- 0ant is the owner of a vacant lot on Pipes Cove, Greenport, New York, which is p~eeently merged to her house lot. The applicant wi~hes to divide this lot from the house property in order to build a dwelllng for herself. The mewly created lot will conform in size to the other lots in the neig~borhood and in some instances will be larger. The Board agrees with the reasoning of the applicant. On motion of Mr. Tuthill, seconded by Mr. Grigonis, it wes P~SOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, NeW York, be G~TED permission to divide property with insufficient width and area. Looation of property: Shore Drive, Greenpor~, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (I) Board of Health approval for ~he sewerage systems. (2) Approval of the Suffolk County Planning Co~ission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill. RECEIVED AND FFLED BY To~n ~erk, Town of ~ SURVEYED FOR:ELIZABETH GARDINER LOCATED AT GREENPORT,T/O SOUTHOLD,SUFF.CO.N.y. LOTS 25 & 26 MAP OF "GREENPORT SHORE" SEC. 1(#1759) SCALE 1"=20' S.C.T.M. 01000-047-02-030 APPEALS BOARD MEMBERS Gerard ?. Goeltfinger, C~L, man Cl~rles Grigonis, Sr. Serge Doyen' Sr. Telephoue (516) 765-1809 BOARD OF APPEALS TOWN OF SO UTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Mai~ Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telophone (516) 765-1800 ACTION OF THE BOARD Appl. No. 4053. Upon application of DOUGLAS MOP, IS. Variance to the Zoning Ordinance, Article ~O{III, Section lf10-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 and 25 and is substandard in size. Location of Property: 170 Dogwood Lane, Bast Marion; County Tax Map No. 1000-38-5-5. WHEREAS, a Public hearing was held on September 26, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1l By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for permission to construct a 12 ft. by 34.7 ft. wide open-deck addition from the rear (southeasterly end) of the existing dwelling, thereby requesting a reduction in the required setback to 43 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 30 and contains a total lot (upland) area of 12,700 sq. ft. 3. The dwelling as exists presently has conforming sideyards totaling 33 feet (20 & 13)), a conforming front yard setback at 41 feet, a nonconforming setback from the bulkhead at 58 feet, and conforming lot coverage at less than 20%. The parcel as exists is substandard with 12,700 sq. ft. in total" lot area. The lot width along Shore Drive is conforming at 100 feet. · Page 2 - Appl. No. 353 Matter of ~U~LAS MORRIS Decision Rendered September 26, 1991 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water l~dies other than the Long Island Sound to be set back not less than seventy-five {75) feet from the bulkhead. 5. For the record it is noted that similar setbacks exist upon other parcel in the immediate area (and fronting along Pipes Cove). 6. In considering this application, the Board finds: (a) the relief req~ested is not substantial in relation to that existing at this site or nearby parcels; (b) the relief requested is the minin~um necessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (~) the relief as requested will not alter the essential character of the neigb3~orhood; (d) the practical difficulties imposed are uniquely related to the property and are not persona~; (e) the grant of the relie~ as requested will not in turn be adverse tn the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) in view of all the above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motionbyMr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GP~%NT a vari~mce for an open, unroofed deck addition at the rear of the existing dwelling, S~I~JECT ~ ~ FOLLOWING CONDITIONS: 1. ~e deck addition remain open and unroofed, as applied. (Ail runoff from the roof of the existing structures shall be retained on site.) 2. ~aat the setback for the proposed deck, inclusive of all step areas, shall be limited to not less than 40 feet (measured from the outside edge of the bulkhead). ~ag~- 3 - Appl. No. ~053 Matter of DOUGLAS MORRIS Decision Rendered September 26, 1991 3. That the proposed deck shall remain open and unroofed, as applied. Vote of the Board: Ayes: Grigonis, Dinizio and Villa. adopted. Messrs. Goehringer, Doyen, This resolution was duly lk GERARD P. GOEHI~INGER,/CHAIRMAN BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 May 18, 2012 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ZBA Application #6560 - Gardner Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 17, 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. Sincerel2~ Vicki Toth Encl. Cc: Building Dept. SURVEYED FOR:ELIZABETH GARDINER LOCATED AT GREENPORT,T/O SOUTHOLD,SUFF.CO.N.Y. LOTS 25 & 26 MAP OF "GREENPORT SHORE" SEC.1(#1759) SCALE 1"=20' S.C.T.M. 01000-047-02-030 ~OARD OF APPEALS FILE N0.47887 WILLIAM R.SIMMONS III,L.S.P.C. 128 CARLETON AVE.EAST ISLIP,N.Y.11730 PH.(631)581-1688 FX.(631)581-1691 DATE: 1/8/2012 I SCALE: 1"= 20' I DRAWN BY: WRS IV I.U 5 39°21'30'' E 41.3' Z 127.00' HEDGEE 127.00' PROPOSED 55' SPLIT RAIL FENCE G.O.L EXISTING HOUSE PROPOSED SCREENED PORCH EXISTING GARAGE N 3S SITE PLAN SCALE: 1" = 20'-0' ,,,> o-o {~o ~ECEIVED ~OARD OF APPEALS I ALUMINUMWALK I FLOATING $7.0' L REVISIONS: SHEET NUMBER: S-1 PROPOSED REAR ELEVATION SCALE: 1/8": 1' EXISTING REAR ELEVATION SCALE: 1/8" = 1' ~,DARD OF APPEALs REVISIONS: A-1 PROPOSED LEFT ELEVATION SCALE: 1/8" = 1' m PROPOSED RIGHT ELEVATION SCALE: 1/8" = 1' AEC~IVED *3~ARD OFAPPEAL$ REVISIONS: I A-2 PROPOSED 1ST. FLOOR PLAN SCqLE: 1/8" = 1' ~OARD OF APPEALS REVISIONS: A-3 0 ................... ,.~'}~...~ Real Pmper~y Tax Ser~ce Agency I ¥j