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HomeMy WebLinkAbout6550 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY ! 1971-0959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http;//southoldtown.northfork .ne~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 2, 2013 ZBA FILE: 6550 AMENDlVIENT No. 2 NAME OF APPLICANT: Kimognnor Point, Co. (Bingham) SCTM# 1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The L~q{P Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is I]qCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based, upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for 1'~ and 2''a story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/saasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for Iat and 2"a story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming zBA Fi1¢#6550 - Kimogcnor PI. (Bingham) Amendment 2 use shall not be enlarged, reconstructed, slructuratly altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REOUESTED: Thc applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction cfa new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEIMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the appficant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings, Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portioas of the existing dwelling as diseuued in the original July 5, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. THIRD AMENDED APPLICATION: On February 28, 2013 a verbal stop work order was issued by the Building Department to the applicant. On March 5, 2013, a new Notice of Disapproval was issued stating "the proposed demolition and construction on this non-conforming lot, is not permitted since the work performed is beyond the scope of the ZBA decision 06550". By resolution dated February 28, 2013, the Zoning Board voted unanimously to re-open the public hearlng for the sole purpose of determining if a demolition had taken place and if the Applicant had therefore exceeded the scope of the reilef granted in decision 06650. The public Page 3 of 5 - May 2, 2013 ZBA Fi1~6550 - Kimog~nor Pt (Bmghnm) Amendment 2 SCTM: 1000-116-6-24,1 hearing was scheduled for April 4, 2013, at which time additional testimony was taken from the applicant's builder and architect and photographic documentation of the demolttion/coastruetton/reconstruction process was presented to show the methods ased to preserve at least 25% of the original structure as required in the conditions Imposed in ZBA decision #6550. The Board requested that the builder's construction photographs be time dated and submitted to the Board, that a calculation of the exact percentage of the remaining original dwelling by the applicant's licensed architect be completed and submitted, and that an interior inspection of the construction site be scheduled for personal inspection by the members of the Boar~1 The public hearing was then adjourned until May 2, 2013. On April 16, 2013, the requested site lnspectlans took place and the photographic documentation was receive,t On April 17, 2013 The ZBA received the requested information submitted by Thomas C. Sumueis, Registered Architect, showing schematic plans for the first floor, second floor, and roof of the original structure of the Bin#ham residence and confirming that 26.2% of the original structure remained in place. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012, public hearing the applicant stated that it preferred the installation of pilings which would require the Ill, lng and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012, November 1, 2012, April 4, 2013 andMay 2, 2013 at which time written and oral evidence were presanted. Based upon all testimony, documentation, personal inspection of the properly and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. Third Amended Anpltcation: Evtdence was submitted by the Applicant's architect that Indicated that the renovation project left 26.2% of the original structure intact, a figure that the Building Department does not refute. The Applicant maintains that the project should not be considered a structural demolition ns defined by Town Code 280-4 which states: DEMOLITION: Any removal #fa structure or portlon there#f that exceeds 75% of the total square footage of the existing structure before the start of removal Based upon personal inspections by the members of the Board which confirmed the butider's photographic evidence of the portions of the original structure that remain, and the applicant's licensed architect's calculations that 26.2 percent of the original structure remain& the Board of Appeals has determined that a demolition as defamed by 280-4 has not occurred and that the Applicant's project continues to be within the scope of worl~ granted in decision #6550. I1. Second Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA 06198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. III. Variance Findings: Page 4 of 5 - May 2, 2013 ZBA Fi1¢#6550- Kiraog=nor Pt. (Bingham) Amendment 1. Town Law $267-b(3)(b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimoganer Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming pamal, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-bO)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law §267-bO)(b){4} According to the LWRP report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law $267-bf3)0a}($}. The difficulty has been self-created. The applicant purchased the parcel al~er the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law $267-b. Grant of the amended relief is the minimum action necessary and ad~:tuate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. AMENDMENT 2 - RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing tast under New York Town Law 267-B, motion was offered by Member Weisman (Chah'10erson), seconded by Member Homing, and duly carried, to GRANT. the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonombe Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. Page 5 o£5- May 2,2013 3, The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. .4 ny 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 ora building permit, and may require a new application and public hearing before the Zoning Board of .,tppeals. Any deviation from the variance(s} granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extenMons, or demolitions, are not authorized under thts application when involving nonconformities under the xoning code. This action does not authorize or condone any current or future u~e, setback or otl~r feature of the subject property that may violate the Zonit;g Code, other than such uses, setback.* and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimi$ in nature for an alteration that does not increase the degree of nonconformiOJ. ~tmendment 2 - Vote of the ~oard: A~es Member* Weisman (Chairperson), Goehringer, Schneider and Horntng. Member Danteg Leslie Kane~ Weismad..._Chairperson Approved for filing ~/3 /2013 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVEE~ MAR 6 201~ BOARD OF APPEALS DATE: March 5, 2013 To: Thom Samuels for Bingham at Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 5, 2013 For demolition & construction of a single family dwelling at Location of property- 50 Jackson Street, New Suftblk, NY County Tax Map No. 1000 - Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed demolition and construction on this non-conforming lot, is not permitted since the work performed is beyond the scope of the ZBA Decision # 6550. Authorized Signature S A M U E L S & S T E E L M A N April 16, 2013 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 RECEIVED APR ] ? 2013 BOARD OF APPEALS Rez RENOVATIONS AND ADDITIONS TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear Zoning Board members, Enclosed please find schematic PLANS of the first floor, second floor and roof of the original structure of the Bingham Residence. They have been shaded to show the portions of the original which remain entombed in the new construction. There was a total of 7,822 square feet of surface area of structure, in floors, walls and roof. Of that, 2,052 square feet remain. This equates to 26.2% of the original structure remaining, above the required 25%. It was a pleasure meeting you on site on Wednesday, Tom Samuels cc: Michael Verity, Chief Building Inspector R~C~V~D (0~ APR ] ? 20~3 ~ BOARD OF APPEALS FIRST FLOOR PLAN RECEIVED APR ] ? 2013 ~(]ARD OF APPEALS SECOND FLOOR PLAN RECE]VED APR ! 7 20~3 BOARD OF APPEALS ROOF PLAN I;= +D 4=t'J I;= +4 ~-/' J HUNTINGTON, NY 11743 TEST HOLE BY MARK McDONALD GEOSCIENCE NO SCALE SOUTHOLD, NEW YORK 11971 TEST HOLE DATA (11/1011t) ELEV +5.5' I WATER IN BROWN 8 FT. I SANDY CLAY CL I WATER IN BROWN 10 FT. CLAYEYSAND SC IWATER IN PALE BROWN 17 FT. IFINE TO COARSE SAND SW COMMENTS: WATER ENCOUNTERED 4.3' BELOW SURFACE, ELEV +1.2' DRAINAGE CALCULATIONS FOR AREA OF NEW ROOF ~,~Y J, flE!..L AREA x R. AINF,N.L x RUNOF:~ (DYe"A" 2615~x (2/iSFTJ x I.O = ~GU. !~: (I) 6' ~lAt~::l~'~r. x 4' HIgH POOL (I) 6' X ~-' 5TOPJH ~IN ~IN~ - 16g~ CU. USE, (I) ~' DIA~ x 5' HIgH POOL (I) ~' X 5' 5T~H ~IN RI~ = 211 ~. ~. ~) ~' DIA~;~I~ x ~' HIgH POOL (I) ~' X ~' 5TO~ ~IN ~1~ = ~ GU. ~VI~E~ ~Ul~ RECE[VED JUN "8 201Z f BOARD OF APPEALS ' L 2' MIN k~ROUNP P, IATEP. ELE"¢ +1.2' p,ueuc w,~ ~) \ % ... %` PF, CONIC BAY GREAT SITE PLAN SCALE: 1" = 30'-0" s4 CNao v ~e ,~o,v' AREA: 257,004.00 SQ. FT.+/- = 5.90 AC. ZONING: R-40 zFbC~D: AE (Elevation 6) SURVEYOR: NATHAN TAFT CORWlN III PO BOX 16 JAMESPORT, NY 11947 LICENCE NO. 50467 DATED: MAY 16, 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY NO TES: ELEVATIONS ARE REFERENCED TO NAVD 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 5,_0 EXISTING CONTOUR LINES ARE SHOWN THUS:--5-- I / / LO~ATION MAP North Fork oun.try Clun Case NEW SUFFOLK, NY SITE NOTES EXISTING AREAS Six (6) houses w/porches and decks: 18,050 sf Existing areas paved w/graveh 6,285 sf TOTAL 24,335 sf Percentage upland coverage: 9.47% PROPOSED AREAS Six (6) houses w/porches and decks: 18,474 sf Existing areas paved w/graveh 6,285 sf TOTAL 24,769 sf Percent upland coverage: 9.63% Percent upland increase: 1.7 % HOUSE NOTES EXISTING HOUSE: First Fioor: Second Floor: TOTAL Covered Porch/Stairs: TOTAL FOOTPRINT: 1,132 sf 767sf 1,899 sf 664 sf 1,796 sf RENOVATED/ADDED HOUSE: First Floor: Second Floor: TOTAL: Covered Porch/Stairs: TOTAL FOOTPRINT: 1,411 sf 1~059 sf 2,470 sf 694 sf 2,105 sf Percent footprint increase: 17.2% FINAL MAP REVIEWED BY ZBA~I SEE DECISION ft ~0~50 ~e4~ DATED ~ /~ /~,D/~- ~ REGULATORY APPROVALS REVISIONS: I -tl -12 PROJECT NO: t10: DRAWN BY: UT CHECKED BY: TS DATE: 4/26112 SCALE: 1" = 30'-0" SHEET TITLE: SITE PLAN SHEET NO: 1 BINGHAM RESIDENCE PHOTO ALBUM APRIL 16, 2 013 RECEIVED APR 1 ti 2013 BOARD OF APPEALS The Following are photographs requested from the ZBA on April 4, 2013. These photographs are in date order. Note: All dates are approximate 5175 Route 48 · Mattituck, NY 11952 · PH: 631-298-7900 · FX: 631-298-7899 PHOTO 4 - WEEK OF DEC.10 PHOTO 5 - WEEK OF DEC.17 PHOTO 6 - PHOTO 7 - WEEK OF JAN.14 PHOTO 8 OF JAN.28 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 8___Q_0 Street Jackson Street Hamlet New Suffolk SCTM 1000 Section 116 Block~6 Lot(s) 24.1 Lot Size 5.90 acres Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 5, 2013 BASED ON SURVEY/SITE PLAN Applicant(s)/Owner(s): Kimogenor Point Co. (Daniel & Jackie Bin#ham) Mailing Address: c/o William Archer, President, 29 Green Meadow Lane, Huntington NY l1743__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, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, South#Id NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: ocmoore~mooreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED March 5, 2013 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) "Exceeding the scope of ZBA Decision #6550" Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section E Reversal or Other X Amending decision 06550 to include demolition and reconstruction of the second floor of the existin~ dwellinu A prior appeal, X has been made at any time with respect to this property~ except UNDER ZBA file g6550 dated.lulF 5, 2012 and #$654 dated $/lO/05(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Kimogenor Point Co. ZBA File # 6550 ~'~ '~ REASONS FOR APPEAL (additional sheets mar be used with preparer's signature): AREA VARI,4NCE 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 house was started in accordance with the approved plans and Zoning Board aDnroval granted in appeal #6550; During the course of construction the structural condition of the existing framing rerquired remediation, attached is a report prepared by Tom Samuels describing the conditions found and work required. (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 house is structurally completed (framed, sheathing and roof). The framing and sheathing is identical to the architectural plans, with additional material, as needed to support the renovated structure. Attached is a report prepared byNorth Fork Woodworks with the ohotograohs taken during the course of construction which document the efforts made to retain 44% of the existing struture. (3) The amount of relief requested is not substantial because: The existing house is less than 1% of the Kimogenor Point Co. holdings. The finished construction and "look" of the second floor of the Bingham house remains the same as proposed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the location of the existing house has not changed, the structural materials conform to NYS building codes and in the interest of health and safety the existing second floor was reconstructed. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)NoThe existing structural elements of the sexond floor required more reconstruction than was ori~,inallv anticipated. Are there Covenants and Restrictions concerning this land: No XYes - Kimogenor Point Co. is a cooperative ownership structure. (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 ,4 USE VARIANCE IS BEING REQUESTED, ,4ND P~,.~E COMPLJ~TE USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ Sworn to before me this THE A TTA CHED Sign~'m~'~ppellant or Authorized Agent ~'" (Agent must submit written Authorization from Owner) MARGARET C. RUTKOWSKI Notaw Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, March 6, 2013 Kimogenor Point Company New Suffolk, NY (Daniel & }ackie Bingham Unit) c/o William W. Archer, President 29 Green Meadow Lane Huntington, NY 11743 Patricia Moore 51020 Main Road Southold, NY 11971 Dear Ms. Moore: On behalf of Kimogenor Point Company, as owner of property located at 80 Jackson Street, New Suffolk, NY (sctm: 1000-116-6-24.1) I hereby authorize you as attorney and Tom Samuels of Samuels and Steelman, as architect, to act as our agents regarding any and all applications with the Town of Southold Zoning Board of Appeals and other agencies in the matter presently before you concerning the residential unit of Daniel & }ackie Bingham located at Kimogenor Point. We consent to and support the application to modify the ZBA decision # 6550 to permit the Bingham residence to continue with their construction. Very truly yours, Kimogenor Point Company By William W. Archer, President S A M U E L S & S T E E L M A N BOARD OF APPE,~L$ February 27, 2013 Michael Verity, Chief Building Inspector Southold Town Building Department Town Hall Annex Southold, NY 11971 Re: BINGHAM RESIDENCE Permit#7712 KimogenorPointCorporation New Suffolk, NY Dear Mike, I hereby attest that every effort has been made by North Fork Wood Works to preserve existing fabric at the above referenced project, as required by the Zoning Board of Appeals and your department. At the same time, they have closely followed the drawings stamped as part of the Building Permit, and the structure complies exactly to the size and configuration shown, approved, and required by code. The pre-existing structure was a lightly framed, seasonal cottage built in 1915. It had 2x4 stud walls, often greater than 24" on center, with (2)2x4 headers and no multiple framing at openings. Significant portions of the existing building had sagged and technically failed. In order to meet current standards of construction, new framing was required, as was shown and approved on the permit set. That said, much of the pre-existing structure remains, including · first floor ceiling/second floor framing and subflooring all pre-existing interior/exterior second floor wall framing which was shown to remain on the drawings · all pre-existing second floor roof rafters which could remain to achieve the approved new roof configuration Floor, walls and roof framing: together these constitute existing structure, even if the members are sistered with and entombed in new framing. The second floor framing accounted for 44% of the pre-existing structure. Although it was necessary to remove some of the framing elements to achieve the approved design changes, I contend that more than half of these elements remain, accounting for at least 25% of the original structure. ARCHITECiS 252~5 MAIN ROAD CUTCHOGUE, NEWYORK 11935 /631) 734 6405 FAX (631) 734 6407 RECEIVED ~ MAR 0 6 20~3 RD OF APPEALS The pre-existing T&G siding was not diagonally installed, and therefore did not provide adequate lateral bracing. Plus, it was cleterJorated by rot in many places. It was replaced to achieve continuity of new and old structure, and to meet requirements of good building practice and NY$ code. That said, its replacement may give an impression to the casual observer that it encloses entireJy new construction. This is not true. Many of the complaints received by your department regarding this project have been stimulated by erroneous reporting by the Suffolk Times, where the project has been described as a "reconstruction" required by damage sustained from Hurricane Sandy. None of this is accurate. We were never contacted by the paper, and were unable to responsibly rebut their misinformation. Great effort has been made by me, Scott Edgett, and Kyle Schadt to find our way through the exhausting regulatory approvals process and technical challenges presented by this project, created by the "non-conforming" nature of the property ownership (which was the basis of the required variance). We have been back and forth to your office, the Zoning Board, Trustees and DEC, making every effort to satisfy your and their concerns. You have been very helpful in explaining our responsibilities regarding these approvals, with which we have endeavored to comply and for which we remain grateful. My clients, Dan and Jackie Bingham, have accepted the enormous expense required to meet these requirements, including lifting the house within its footprint in order to install a state-of-the-art helical pile foundation, at great cost and delay. It would be unwarranted to impose additional cost and delay upon them, when they and we have done everything possible to comply with the variance and the building permit stipulations. The essential structure of the pre-existing second floor remains. It amounts to more than the required minimum 25% necessary to prevent the project from being seen as a full demolition. Thank you for your assistance and support, Tom Samuels, R.A. February 27, 2013 To Michael Verity, Chief Building Inspector, BOARD OFAPPEALS North Fork Woodworks would like to take this time to explain some of the challenges of the current situation at 7 Kimogenofs Point. We feel secure in knowing that we have met all the guidelines that the Town of Southold Building Department has required. We would like to take the time to explain this to you and clear this situation. We appreciate your time and understanding, as we all know this has been a very difficult and challenging project. At the start of this project we were given clear instruction to save at least 25% of the existing structure. Please note that the pre-existing "lightly framed" structure required substantial reinforcement with new framing to meet local and state codes. This was requested by the ZBA and enforced by the building department. Early on in mid December, North Fork Woodworks received a "stop work order" by the trustees. This stated that too much of the house was demolished. At that time we clarified that 44% of the existing structure still remained. You came to inspect the situation and the "stop order" was lifted and we resumed this project. Since that time, the foundation has been completed and the "new" first floor walls have been 0 erected. The entire 44 Vo or 880 square feet of the existing second floor was lowered and attached to the new first floor. The first floor ceiling can visually show this original structure. The original, entire Second floor remains; we still have the old wood existing, but it has been modified to ensure that we met code. It is relevant to see the Old framing next to the new; the OLD roof rafters have been sistered with new timbers. The OLD walls have been sistered to allow for new heights and layouts. The OLD "tongue and groove" fir flooring still exists. All the existing sheathing was removed and replaced with new CDX in order to comply with wind codes and help structurally tie the old structure with the new. (Please refer to the attached photographs.) As you can clearly see we have had many obstacles to overcome in order to meet the town requirements and a safe home once this lob was completed. We have gone way over and above to preserve the 25% of the lightly framed original structure. We take pride in North Fork Woodworks and the honest reputation that we have built. We cannot express enough how important it is for us to comply with all local agencies. It has been an honor to be part of preserving the North Fork, we certainly hope you take the time to understand the challenges we have faced while working hard to assure that your requirements have been met. This has not been an easy task for all parties involved, but we are sure that if you investigate this situation further you will see that OVER 25% still remains. Scott Edgett & Kyle Schadt North Fork Woodworks * 5175 Route 48 * NY 11952* Ph: 631-298-7900 Second Floor Wall/Roof Detail Please note how the old framing has been mixed with the new framing of the roof and wall First Floor Ceiling Detail Please note all existing first floor ceilings remain in new construction Original Structure Please take into account the number of vertical wall studs (10 studs) that existed prior to the first floor demolition. This stud layout was consistent in the second floor. Our new photos will convey the diligence we took in preserving the ten existing studs on the second floor, For example: ! [ I I Before: Second Floor Proposed Interior Please note the stud walt carrying existing collar ties is noted to remain in the approved building plans. These walls consisted of approximately 8 to 10 - 7' studs with large openings from existing closets. Please note again, we did our best to preserve the 7' studs. After: Existing Second Floor System Conditions~:~e~:~, (~vv~ Before: This photo is an examPle of the existing second floor conditions. After: Above shows existing fir flooring which remains. Also note the distinct line of new ~/4" CDX plywood meeting existing fir flooring. The new CDX was installed due to the opening left behind by the existing staircase. I! [: I ! I I I Existing Second Floor This photo is not only a roof line but the existing second floor walls, gable ends, and floor system. Totaling 44% or 880sqff. Although exterior sheathing did not remain this structure has been entombed within the new structure as per the plan. Panorama Photo of ][ ELIZABETH A~ NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 8, 2013 Zoning Appeal No. 6550-Re-Opening Transmitted herewith is Zoning Appeals No. 6550 of Patricia Moore for Kimogenor Point Co. (Binoham) - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval from Building Department Dated March 5, 2013, Authorization Letter fi'om Kimogenor Point Company (Wm. Archer) to Patricia Moore to Represent Them in this Matter Dated March 6, 2013, Two Page Letter form Samuels & Steelman Dated February 27, 2013, Letter from North Fork Woodworks Dated February 27, 2013 Six Pages of Photos of House as it Exists, Survey of Kimogenor Point Co. Dated February 6, 2013 Prepared by Nathan Taft Corwin Il Land Surveyor, Four Pages of Plans Showing Floor, Elevations and Site Dated August 20, 2012 Prepared by Samuels & Steelman Architects. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/08/13 * * * RECEIPT * * * Receipt'8: 147262 Transaction(s): 1 I ZBA Application Fees Reference Subtotal 6550 $1,000.00 Check#: 16669 Total Paid: $1,000,00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6550 ~ .niw°°dw°rks. co:o Scott Ed§ett 0 W N E R scott@nfwoodworks.com ~17~ RT. 48, MATTITUCK N.Y. 11952 631.298-7900 BAILOON t=t~,A~ I N~ 2nd RECEIVED APR 4 2013 BOARD OF APPEALS Orl~In<~l tSln~jh<:~-n PLATFORM F~AMIN~ Gonv~n~.lonal ~EALS #11152 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 18th dayofApril, 2013. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 2, 2013 PUBLIC H~AR1NGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- Road, P.O. Bo[ 1179, $ollthold~ New Yofl[ 11971-0959, oa THURSDAY MAY 9'30 A~L - KIMOGENOR POIN~ INC. (BINGHAM). #65S0 - (Adj. from April 4, 2013 PH) Re-Opened per Board Resolution. Based on the Building In- spector's March 5,2013 Notice of Disap- proval based on work performed is be- yond the scope of the ZBA decision, 1) deemed a demolition and construction 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000- 10:00 A.M. - MAFIII UCK PLAZA. LLC g6635 - Request for Variances from Article I[I Code Section 280-15 and the Building Inspector's December 17, 2012 Notice of Disapproval based on an ap- plication for building permit for an "as built" accessory building, at: 1) located at less than the code required 25 feet from any property line, 2) more than the permitted lot coverage of 30%, lo- cated at: 10095 Main Road aka NYS 25, (comer Factory Avenue) Mattituck, NY. SCTM#1000-142-1-26 Road~ (adj. to Long Island Sound) ~. me this 1__ week(s), successfully commencing on the day of Principal Clerk CHRISTINA VOI. INSK! NOTARY PUBLIC-STATE OF NEW YORK No, 01VO6105050 Qualified In Suffolk County 12:10P. I~L - JAMES SCULLy ~ea, - Request for Variaaccs from Article III Code Section 280-15 and Article XXIH Section 280-124 and the Bu/ld- lng Iuspector's March 19,2013 NoQce of Disapproval based on an application for struct an existing single family dwelling, ~ane)(adj. to GardMers Bay),.~st Mar- the &)de reqaired bulkhead setback of 75 feet for additions and alterations to the dw~lliug, 3) guest quarters are not a Disapproval based on an appl/ea~n for building ~ ~or two "as built'I existing recommmted access(ny ~ at: 1) and rear yard s~backs of 10 feet, 2) sec- ~ - Request for Vail* Oak Street (adj. to Eugene's Creek) Ca- lng to be heard at each hearing, and/or review during regtdar bt~ainess hours office at, (631) ?~-1809, or by email: BOARD MEMBERS Leslie Kanes Weisman, Chairperson 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 4, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 47 2013: 9:30 A.M. - KIMOGENOR POINT~ INC. (BINGHAM) - #6550 - Re-Opened per Board Resolution. Based on the Building Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision, 1) deemed a demolition and construction of new single family dwelling, located at: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-tt6-6-24.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto 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: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: KIMOGENOR POINT (BINGHAM) SCTM #: 1000-116-6-24.1 # 6550 VARIANCE: WORK PERFORMED BEYOND SCOPE OF ORIG. ZBA DECISION REQUEST: DEMOLITION & CONSTRUCTION DATE: THURS., APRIL 4, 2013 9:30 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KIMOGENOR POINT INC (BINGHAM) #6550 (Name of Applicant) CTM Parcel # 1000-116-6-24.1 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~.t~%-' of March, 2013, 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. (~ignature)) /"'--~-- BETSY P E R~,,IN ~ Sworn to before me this day of March 2013 ry Public) M~,RGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, KI~GENOR POiNT 1NC (B1NGHAM) NEIGHBOR MAILING LIST SCTM: 1000-116-6-24.1 KIMOGENOR POINT CO. ATTN: WM. ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 SCTM: 1000-117-10-1 KIMOGENOR POINT CO. ATTN: WM. ARCHER 29 GREEN MEADOW LANE HUNTiNGTON NY 11743 SCTM: 1000-117-9-1 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 SCTM; 1000-116-6-22.2 ERNEST CASE & OTHERS PO BOX 285 CUTCHOGUE NY 11935 SCTM: 1000-116-6-21.1 TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 SCTM: 1000-116-3-16.1 RECEIPT 7104 2438 8090 000o 0624 FROM: Moore Law Off[ce RE KJmogenorPoint ZBA RECEIPT 7104 2438 8090 o000 o631 FROM: Moore Law Office RE: KimogenorPoin[ ZBA RECEIPT 7104 2438 8090 00(30 I;648 FROM: Moore Law Office RE: KimogenorPolnt ZBA RECEIPT 7104 2438 8090 0000 0655 FROM: Moore Law Office RE: KimogenorPoint ZRA SEND TO: KIMOGENOR POINT CO ATTN: WM ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 SEND TO: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 FEES: FEES: Postage 046 Postage 048 Ce~ed Fee 295 CediPed Fee 2 95 Return Receipt 2 35 Return Receipt 235 Restricted Restricted .~ ~ ~ ~, SEND TO: ERNEST CASE & OTHERS PO BOX 285 CUTCHOGUENY11935 SEND TO: TOM W1CKHAM & OTHERS PO BOX 828 CUTCHOGUE NY 11935 FEES: FEES: Postage 0 46 Postage 048 Ceriifie(~ Fee 2 95 Certified Fee 295 Return Receipt 235 Return Receipt 235 S1020 MAIIOAD SOUTHOLD ~eP711971 Secondary Derivery Address City S1020 MAIN ROAD SOUTHOLD NY 11~ 4. ~,estricted Delivery? 3. Servi-~-Ty~e '- (Extra Feb Yes CERTIFIED ' ric e Number 7104 2438 8090 0000 0648 7104 2438 8090 0000 0648 t. Article Addressed To: ERNEST CASE & OTHERS PO BOX 285 CUTCHOGUE NY 11935 8.90 0000 0655 7104 2438 8090 0000 0655 1. Article Addressed TO: TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 City State ZIp + 4 Code MOORE LAW O?FICE 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7104 2438 8090 0000 0631 ll ltJlllllllllllll,IJIIIllllll 7104 2438 8090 0000 0631 Addressed TO: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 TOWN OF SOUTHOLD ZON1NG BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTiNG Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~ kl~ ~ Le - c2c/. COUNTY OF SUFFOLK) STATE OF NEW YORK) ,--k'~'~t~ '~D~ residing at ~4/Scl ~ ~0 (zd~ ~O~¢-O-~.- , New York, being duly sworn, depose ~d say ~m: OnCe ~ dayof M~ ,2013,Ipersonallyplaced~eTo~'s Official Poster, with the date of hearing ~d nature of my application noted thereon, securely upon my prope~y, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the s~eet or facing each street or right-of-way entr~ce,* ~d that I hereby confirm that the Poster has remained in place for seven (7) days prior to the ~. date of the subject hearing date, which hearing date was shown to be Q~, .0~ ii q j (Signature) Sworn to before me this Day of ~lc ,201 3 / '~k_~ota~y Public) BETSY A. I~ No~y Public, 8tare of New No. 01PE6130636 Qualified In Suffolk Courl~ ,, Commi~lon F. xplre~ duly * near the entrance or driveway entrance of my property, as the area most visible to ~ ~ 51020 MAIN ROm SOUTHOLD NY 11971 I 2. Article Number I 7104 2438 8090 0000 0,624 mlrff II I Ell I ml[lmlHlrf[ Elfllg 7104 2438 8090 0000 0624 1. Article Addressed To: KIMOGENOR POINT CO. ATTN: WM. ARCHER ~29 GREEN MEADOW LANE .~' HU,NTINGTON NY 11743 ZONING BOARD OF APPEALS ~"--~-~ ~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net March 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, April 4, 2013 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 Suffolk Times. 1) Before March 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, providing the returned letter to us as soon as possible; AND not later than March 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 27th: 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,cl for receipt by our office before April 2, 2013. 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. #11122 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 28th day of March, 2013. SOIfI~HOLD TOWN ZONING BOARD OF APPEALS THURSDAY APRIL 4, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town o~ Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main York 11971-0959, on THURSDAY 9'.30 A.M.. KIMOGENOR POINT. Opeqed per Board Resolution. Based on the Building Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA decision, 1) deemed a demoli- tion and construction of new single fam- ily dwelling, located at: 50 Jackson Street (adj. to G rear Peconic Bay) New Suffolk, NY. SCTM#1000-116 6-24.1 tO:AS A.M. - THOMAS SPURGE - ~1615 - Re-Opened per Board Resolu- tion - Request for Variance fron. r Article XXHI Section 280-124 and the Building Inspector's October 12, 2012, Updated March 5, 2013 Notice of Disapproval based on an application for building per- mit to demolish and construct new single family dwelling: 1) less than the code re- quked minimum rear yard setback of 35 feet, located at: 3145 Manhanset Avenue Greenport, NY. SCTM#1000~3-1-7 10:.45 A.M. - DOUGLAS C. and KATHLEEN M. FOLTS g6536 Re- Opened per Board Resolution - Re- quest for Variance from Article XXll, Code Section 280-I 16B and the Building Inspector's February 11, 2013, Notice of Disapproval based on a building permit application for demolition and construc- tion of a new single family dwelling, at: leas than the code re~luired riprap back of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to Enter ~re~k a/lea Eugene's Creek) Cute~ogu~ NY. SCTM#1000-1~-I~4 fhiq 11:15 A.M. - NICHOLAS and M AR~Y ANTONUCCI g6638 - Request for Vari- ance from Article XXIll Section 280-124 and the Building Inspector's February 21, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: I) less than die code required minimum front yard set- back of 35 feet, located at: 770'Shipyard Lane (corner Landon Road) Southold, NY. SCTM#1000-644-20 LL'00 P.M. - LESLIE L. LaVEC- CmA ~C~a,I Request for Variance from Article Ill Code Section 280 I5 and the Building Inspector's January 23, 2013 Notice of Disapproval based on an applieatinn for building permit for an accessory in ground swimming pool, at: 1) accessory in ground swimming pool is proposed in a location other than the code required rear yard, located at: 908 Private Road #2. (aka Birds Eye Road) Orient, NY. SCTMgl000-17-2-1.5 · 1:30 P.M, - KATHERINE AN. I~,AI).I;L~(~ - Request for Vari- ances from Article XXIII Section 280- 124 and Article III Section 280-15 and the Building Inspector's Januar~ 22. 2013 Notice of Disapproval based ou an application for building permit for con- struction of a new single family dwelling and accessory in-ground swimming pool: I) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) more than thc code permitted maximum lot coverage of 20%, 4) accessory in-ground swimming pool proposed in a location other than the code required rear yard, located at: 300 Fiddler Lane (corner Meadow Lane) Greenpert, NY. SCTM#1000-36-2-10 · 1:S0 P.M.. STEVEN and YVETFE E~[~.~L{~_- Request for Variance Article XXII Section 280-116 (B) and the Building Inspector's January 9, 2013 Notice of Disapproval based on an ap- plication for building permit for demo- IRion sad r~conatmction of an existing ~ fmily dwelling at; 1) less than /l~rincipal Clerk __ day of (,.~ ~LA,.~' 2013. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Expires Februory 28, 2016 the'code required bulkhead setback of 75 feet, located at: 3055 Wells Avenue (adj. to Jockey Creek) Southold, NY. SCTM# 1000-70-4-11 g664~_- Request for Variances from Ar- ticle XXII1 Section 280-124 and Article XXI[ Section 280-116B and the Build lng Inspector's March 1 2013 No ce of D sapproval based on an application for building permit for construction of a new single family dwelling: 1) less than the code required minimum single side yard setback of 10 feet, 2) less than the code required minimum combined side yard setback of 25 feet, 3) less than the code required minimum rear yard set back of 35 feet, 4) more than the code permitted maximum lot coverage of 20%, 5) less than the code permitted bulkhead setback of 75 feet, located at: 68(I Rabbit Lane (adj. to Gardiners Bay) East Marion, NY. SCTM#1000-31-18-15 2:40 P.M. - ROBERT and DEANA ~FINORA g6642- Request for Variance from Article III Code Section 280-15 and the Building Inspector's February 15,2013 Notice of Disapproval based on an application for building permit to con- struct accessory buiMin~, at: 1 ) accessory building is proposed in a location other than the code required rear yard, localod i at: 165 Orchard Street New Suffolk, NY. SCTMgl000-117-5.33 · 00 P.M. - JOHN SPIRO g6636 - Re- quest for Variances from Articl~ 'XXIII Section 280-124 and Article Ill Section 280-15 and the Building Inspector's Febru- ary 14, 2013 Notice of Disapproval based on an apphcation for building permit for additions and alterations to existing single family dwelling and to construct an acces- so~3~ shed: 1) less Ihan the code required rear ym d setback of 50 feet for single fam- ily dwelling, 2) accessory shed proposed in Iocadon other than the code required rear yard, located at: 340 Glenwood Road Cu- tchogue, NY. SCTMgI000-110~-5 'lhe Board of Appeals will hear all persons or their representatives, desir- ing lo be heard at each hearing, and/or desiring lo submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for rcwcw during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-I809, or by email: Vicki. Tot h (~Town. So ut hold fly. us. Dated: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Omee Loeadonl 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 11,122-1T 3/28 (TuTHXLL' $ EECIEIVED ~OARD OF APPEALS N SUFFOLK S.C. TAX No. SURVEY OF PROPERTY SITUATE NEW SUFFOLK TOWN OF SOUTHOLD COUNTY, NEW YORK 1000-116-06-P/024.1 SCALE 1 "=40' MAY 16, 2003 SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY SEPTEMBER 04, 2012 ADDED FLOOD ZONES DECEMBER 17, 2012 STAKE OUT PILES FEBRUARY 6, 2013 FOUNDATION LOCATION ISLAND N.Y.S, Lic. No, 50467 Nathan Taft Corwln III Land Surveyor Succe~or To: Stanley J. Isoksen, Jr. LS. Joseph A. I~gegno L.6. ~tle Surveys -- SubdMsions - PHONE (651)727-2090 OF~CES LOCATED AT 1566 Main Rood Jomespo~, New York 11947 Fox (631)727-1727 31--174[ SEPTIC PROFILE (N.T.S.) BUIL~IN~ I~IALL FF EL IO.O FT ~t~k~E LINE E!_E~ATION 6.5 FT. E~RJkDE LINE ELEVATION -+ ~.D -- I~ tHIN. I/4"/FT. I/e"/FT. TANf~ It~. +5~5' IE. IE. IR. +~.~-/' TOP OF POOL 5.2 LEAC,HIN~ POOL ~OT OF POOL 32 -~ ISLAND ~t~O!JNI~ ~ EL~ +1~' ~ 2' t~ESIDENC,E (PUBLIC WA I'ER) UNDER®ROUND WATER LINE x %.GRATE ~ / ~, / ~- / EXISTIN® BLUESTONE DRIVEWAY' '40 ~'e DRED CED \ RZSIOENOE WATER LINE OF (PUBLIC 5~2. FT. WA TEa) 420 FILL~ 200 , LAWN TO REPLANTED WEST CREEK CANAL O Ld I =ERHEABLE STONE SURFAC,E POLE N'FT ~7 ON SITE DI~,.AINASE BASIN WITH METAL ~RATE SITE DATA SCTM # PROPERTY: OWNER: 1000-116-06-24.1 KIMOGENOR POINT, INC. 50 JACKSON STREET NEW SUFFOLK, NY 11956 c/o ROBERT FOX 226 WEST LANE RIDGEFIELD, CT 06877 AREA 257,004.00 SQ. FT.+I- = 6.90 AC. SITE DISTURBANCE 8,536 SQ. FT. ZONINg: R-40 FLOOD. v~.a ZONE -- - SURVEYOR: NATHAN TAFT CORWIN III PO BOX 16 JAMESPORT, NY 11947 LICENCE NO, 50467 _~ DATED: MAY 16, 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY ~OTE$' ELEVATIONS ARE REFERENCED TO --N.A.V,D. 1988 DATUM LOCATION__MAP North ~ Fork -~ Co_u. n.try . Case NEW SUFFOLK, NY SITE TEST HOLE BY MARK McDONALD GEOSCIENCE NO SCALE SOUTHOLD, NEWYORK 119~1 TEST HOLE DATA (11/10111) ELEV +5.5' 4 FT. MIXED SAND AND LOAM 4.3 FT BROWN SANDY CLAY CL WATER IN BROWN 8 FT. SANDYCLAY CL WATER IN BROWN 10 FT. CLAYEYSAND SC EXISTIN~~ o- LAWN %. IN AREAS . . . ..'.. ......,. ,........:'. ..' / EXISTIN~ FP--,AI, dE WATER IN PALE BROWN % SUP~A~OE~. % % C,ON51P. DOTI6 .,~,' ' ' .' · '" .- ...... ' * ' ' ~'2 / SHED AND TOWER 17 FT. FINE TO COARSE SAND SW ~k~- % \ ' .. '.*. ,......: '.. '... -...' ~ COMMENTS: WATER ENCOUNTERED 4.3' BELOW SURFACE, ELEV +1.2' PRE-DXISTIN~ \\ ' "' :' : EXISTIN® DRAINAGE CALCULATIONS FOR AREA a~~. ~ ~ LAWN OF NEW ROOF (DW) ~. ~ % EXISTING L~W FENCE TO RENiA1N~ PROTECT OU~IN~, : ¢% -~ % CONSTRUCTIO~[, REPAIR ANO REPLACE ~EOTIONS AD LINE INTO SURFACE ,,, 121~¥1~ELL, AREA x I~AINFALLx RUN_OFF ~ '~ RE.MIRED\AFTER MAJOR CONSTRUC~IG~PHASE ~, mA~ ADDED TO _. (BPI) 23'/2 ~ x (242 FTJ x I.O - 5q~ C,U. FT. ... %% ~. \ EXISTIN~ LAWN TO BE R~PL,~NTEP IN ~/ ~ .......... IN ~ LITY* UaE: (3) ~ DIAMETER x 4' HIE~H POOL ~ ~ `` ~ \ AREAS OF CONSTRUC~N DISTUR~C,E ~ ~/--AREA~ Or~ ~ PlSTU~ANCE ~ ~ePOLE N¥~, ¢5) ~' × 4' ~TORtH D~AIN ~IN~ = 506 CU. ~ PER~^NEN~TORH ~ ~NOFF CONTROL ~E~UAE:---~~ ~ ~ TWO STO~¥ / ~ , ~ ............................... / m~O¥1D~ "-.~ ~~ NEw U~E~ROU~.D~-~_S~S~Z~-~ ~OR ~. RESOENCE ~ /~ .~,~ / ~ t~AINFALL (D~¢'(~ FT DIA~(4 FT HT) FOR RAINWATdR '~ "NO BASEMEN,T," ,~.-. /-% .......... / ~'% RON,:~FF FI~Oi'4 ~U"TT..EP.S AT``T~.~ BUILDINe STP-.UCTLI ,t?.~ ~%-/~-i~ . F.F, ELEV'+II' ~'~%~ ~ k ~TEh'IPORARY STOR~ J,'iATERRUNOFF/C ' NOTES.. ``~. '"% T'~NIPO~-,AR'~'~:;q~ORh'f WATER RUNOFF CONTRO,.L¢''''-- ( ~"'"'~4,. / ~ ~., ,'~%'.,~"'""~ DURINe CONSTRUC'TION DEE DETAfL~ ~OF~ OF THIS PROJEC,T ON TNB P~:2P~I~.I'T' lB ~ ~ % ~_ASUP. E:%~f~OPODED HAY BALED ~ ~'LT __. ¢ ~ ~ ~ .... ~Ox~,_..~ %~, ~ k%'-~ ~- . % ~ LItHITED TO THE PROJEC,T BUILDINe AND THE LAND -%..... . ... - , ., , %¢ C,ONTO"RS. AREAS F,LL BAL , ,,L-r F c~, A,,,o,.,,N o, TNB B,',', PLAN %% "% 'f":I~OVID~'!Q':LEAN SAND PILL[TO i'dAIh T/ / ~ ~:C:~k%,~/ r''/:-[, . .~ ~ ~---EXIST PUBLIC. UN, Et ~ WATER "~ ~. ~' ~. DO" 'r'~A-X. eRA~K/POROH. REP\ANT ~;/A ~. / '-~ C '~?./-~,"~ ~.~/ '[~.~/ %\~.~ ~ LINE / NO OTH~ EAJILDIN~B OR LAND ON. THE "~.. "-. "-.'~.. / ,--:' ~--~j ~ ~i"Z:-'"":'-%:,T~ %~,.-%1y-~-'~-~___ -, % % / ,.,. '"Q,%..,. ~. ~. ~. / / ~~·.Y..~; ~/~'~----~'~--EXISTIN~"HEI~HBO~ 5ANI S STEM ~ ~ %% ~ ~/~% / -~-~ . ~ ~ / -v ~ ~ ~ ~EHAiN~(f~C,T) ] RETAINED OM 5lTL INITH THE !.~E OF ~-~ ~, % ~.,~REAS oF~,O~NSTI~UCTION DIS'FdRBANC, E ~'/ i '"~,. , ~,, /~,./(. /=, ,~, m ~ '<" l,.**'c~'*¢,"~ DRIVEAA¥ I EXISTIN~ DP.I~'r'5 mill NOT BE EXPAND~ JNITH PECONIC / -<%.. ~-BEA~ N '. "~,~, WA~ER ~AR~ / ~'~" / X`` ``~ ~ N~X I TOP~OIL INILL BE B~:::)U~NT ONTO P~D~C'T OITE '. ~ ~ / ~ ~ L ~XISTIN~ LO~I FENCE TO REMAIN, Prior, CT DURIN~ I AND PLAC,E~ AND ~ED ~HERE NEIN k -%. '--.>../<'>..... \ N/ , P/O. ~ ~. ~' ~./ '~ 'kx. C~ONSTRUC. TION, REPAIR AND R~PLACE SEC,,TIONS A5 HAY BALLED ~ 51LT FENC,E DU~IN~ C,ONS'T'RDC~TION ,,?,o,~'~/C /. "~-. /x. mx %.~'~-. REd, MIRED AFTER HAJOR C. ONST~.UCTION PHASE e/oZ~e,. \ '<% / ' ' I I I · III I I I I I ~ ~Z', -- ~O ~.%. xx %.¢ ~'~:::~ROPOSEP NEW SEPTIO SYSTEM i I · I I I L~II · I · ,.~ xk ~ 4~ ~. ,. ~. ~ - (6) ¢ PlA x 2 HIgH LEAOHINe POOL (LP) ~ ~ VII~ I~II__III II I ~0~, ~, ~, 4~ °~ ~' "~ ,7/¢~ "p"~ %.~ e - FU~RE LOCATION FOR (~) 8' DIA x 2'HigH LEACHIN~ POOL (E XP) ~-~uaRe OF BIDDING & PERMITS SWPPP APPROVAL ~.,E V ] S IONS UJ =','.~ =~ <~-. IDroWN BY: UT ICHECKED BY: TS I n~T~: ISHEET TITLE: ISITE P~N [SHEET .m1 ~E 9II B 9 A 8 ADH3250* SIT'FIN~ AREA (B)2×IO I~E Y=" THK. ALL Nb MECH. t~OOb4 4,1 BATH FIRST FLOOR PLAN SCALE: 1/4" = 1' -0" LOOATION OF IIN~, ROOF I RECE[VEB ~OAEDOFAPPEAL~ REGULATORY APPROVALS ~[D NEH OON~T~OTION I PROJECT NO: 1105 DRAWN BY: TCS latE: 8/201t2 SCALE: 1/4" = 1' - 0'" ;HEET TITLE: FLOOR PLANS HEET NO: B 9 A 8 ADH3250* ^DH3250' FLOOR STAIR 2 FLOOR ALL ~ATH IO'-2" 12'-O" 9'-10" SECOND FLOOR PLAN SCALE: 114" = 1' 4)" NOT~: ALL ~'ilHI20~S Y41LL HAVE IMPAC, T RESISTANT eLAZIN¢ MAR 06 2013 BOARD OFApPEAL8 REGULATORY APPROVALS ~w. ~0~ [~T ~0: 1105 )~WN BY: TCS )ATE: 8120112 SCALE: ~/4" ~ ~' - 0" BHEET TITLE: FLOOR PLANS SHEET NO: A ADH3250* ADH3250* ADH3250* ADH3250* SOUTH ELEVATION SCALE: tl4" = 1' -0" B ADH3250* ADH3250* ^DH3250' ADH3250* (NAXIP~JH) WEST ELEVATION SCALE: 114' = 1' -0" ,/ ON s/o" THI(-.. PLYI, ID. EAST ELEVATION SCALE: 114" = 1' -0" B A L AOH3250* NORTH ELEVATION SCALE: 114" = 1' 4)" ~ECEWED MAR 06 20i3 EIOARD OFAPPEAL$ RE G U LATO RY AP P ROVALS I,LI Z 0 LU I--I =ROJECT NO: 1105 )RAWN BY: TCS DATE: 4/26112 SCALE: 114" = 1' - 0" SHEET TITLE: ELEVATIONS HEET NO: 7 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 6, 2013 Patricia Moore 51020 Main Road Southold, NY 11971 Re: ZBA Application #6550 - Kimogenor Point (Bingham) Dear Ms. Moore: Transmitted for your record is a copy of the Board's May 2, 2013 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please call the office. Sincerely,.(~ ~. Vicki Toth Encl. Cc: Building Dept., Southold Town Trustees 25.2 ,., PECONIC TOW~C N NOTICE ~ COUNTYOF SUFFOLK (~ K ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes 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 2, 2013 8 2013. uthold Town Cle~ ZBA FILE: 6550 AMENDMENT No. 2 NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM# 1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is iNCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for 1st and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for 1st and 2nd story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming Page 2 of 5 - May 2, 2013 ZBA File#6550 - Kimogenor Pt. (Bingham) Amendment 2 SCTM: 1000-116-6-241 use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. THIRD AMENDED APPLICATION: On February 28, 2013 a verbal stop work order was issued by the Building Department to the applicant. On March 5, 2013, a new Notice of Disapproval was issued stating "the proposed demolition and construction on this non-conforming lot, is not permitted since the work performed is beyond the scope of the ZBA decision #6550". By resolution dated February 28, 2013, the Zoning Board voted unanimously to re-open the public hearing for the sole purpose of determining if a demolition had taken place and if the Applicant had therefore exceeded the scope of the relief granted in decision #6650. The public Page 3 of 5 - May 2, 2013 ZBA File#6550 - Kimogenor Pt (Bingham) Amendment 2 SCTM: 1000-116-6-24.1 hearing was scheduled for April 4, 2013, at which time additional testimony was taken from the applicant's builder and architect and photographic documentation of the demolition/construction/reconstruction process was presented to show the methods used to preserve at least 25% of the original structure as required in the conditions imposed in ZBA decision #6550. The Board requested that the builder's construction photographs be time dated and submitted to the Board, that a calculation of the exact percentage of the remaining original dwelling by the applicant's licensed architect be completed and submitted, and that an interior inspection of the construction site be scheduled for personal inspection by the members of the Board The public hearing was then adjourned until May 2, 2013. On April 16, 2013, the requested site inspections took place and the photographic documentation was received On April 17, 2013 The ZBA received the requested information submitted by Thomas C. Samuels, Registered Architect, showing schematic plans for the first floor, second floor, and roof of the original structure of the Bingham residence and confirming that 26.2% of the original structure remained in place. ADDITIONAL iNFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012, public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FiNDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012, November 1, 2012, April 4, 2013 andMay 2, 2013 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: I. Third Amended Application: Evidence was submitted by the Applicant's architect that indicated that the renovation project left 26.2% of the original structure intact, a figure that the Building Department does not refute. The Applicant maintains that the project should not be considered a structural demolition as defined by Town Code 280-4 which states: DEMOLITION: Any removal of a structure or portion thereof that exceeds 75% of the total square footage of the existing structure before the start of removal. Based upon personal inspections by the members of the Board which confirmed the builder's photographic evidence of the portions of the original structure that remain, and the applicant's licensed architect's calculations that 26.2 percent of the original structure remains, the Board of Appeuls has determined that a demolition as defined by 280-4 has not occurred and that the Applicant's project continues to be within the scope of work granted in decision #6550. II. Second Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. III. Variance Findings: Page 4 of 5 - May 2, 2013 ZBA File#6550- Kimogenor Pt. (Bingham) Amendment 2 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. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law §267-b(3)(b)(4) According to the LWRP report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel at~er the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. AMENDMENT 2 ~ 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 Weisman (Chairperson), seconded by Member Homing, and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions.: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. Page 5 of 5- May 2, 2013 ZBA File#6550- Kimogenor Pt. (Bingham) Amendment 2 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. 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 ora 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 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 nonconformiiy. /lmendment 2 - Vote of the ~oard: ~lyes: Members Weisman (Chairperson), Goehringer, Schneider and Homing. Member Dantes aO; Th's R[.lution wal adopted (4-O). n~..~ rpe so Approved for filing ~/,~ /2013 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 RECEIVED TOWN OFSOUTHOLD % ~.~ ~:t47 Tel. (631) 765-1809 · Fax (631) 765-9064 N~\/ 2_1 P0J2 FINDINGS, DELIBERATIONS AND DETERMINATI{~_ ~/,~ 7'~,~;fl~ MEETING OF NOVEMBER 15, 2012 t..-¢.~/. . ~.~r...4-xx..c~ ~Jouthold Town'Clerk ZBA FII,E: 6550 AMENDED NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM#1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Depm-tment of Planning issued its reply dated March 6, 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 DETE'RMINATION: This application was refen'ed Ibr review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for 1st and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhonse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way offer Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Reviscd June 8, 2012 Notice of Disapproval based on an application for building permit for 1st and 2nd story enlargements and alterations to a seasonal dwelling at; l) a nonconforming building containing a nonconforming usc shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. Page 2 o1'4- November I. 2012 ABA [:ile#6550 Kimogcnor Point RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- contbrming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration ora use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architecffagent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEMA flood map classification for Kimngenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July $, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012 public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page3ot4 November l, 2012 ZBA Filc#6550 Kimogenor Point £IM 1000-116-6-24 I The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012 and November 1, 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: I. Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. II. Variance 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. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- confbrming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-b(3)(b)(3). The variance grm~ted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conlbrming bulkhead setbacks in the community. 4. Town Law §267-b(3)(b)(4) According to the LWRP report dated March 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law ~267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page4of4 Novcmbcr l, 2012 ZBA Filc#6550 Kimogcnor Point AMENDED 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. Any deviation frorn 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 cfa 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 shorvn on the architectural cb'awing& site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving noncot~brmities under the zoning code. Thi.s action does not authorize or condone any current or future use, setback or other [L, 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 ?7*e Boord rese~ves the right to substitute a simdar design that is ~t~ mmimis tn nature for an alteration that does not increase the degree of nonconformi~. Amended Vote of the Board: Ayes: Members Welsman (£ThairpersotO, Goehringer, Dinizio. Absent were Members Schneider and Horning. This Resolution was duly adopted (3-0) Leslie Kanes Weisman, Chairperson Approved for filing ff / qlO /2012 S A M U E L S & S T E E L M A N November 7, 2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: RENOVATIONS & ADDITION TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Attn: Leslie Kanes Weisman, Chairperson Enclosed please find materials requested at the still open public hearing on November 1, including the following: 2. 3. 4. Site Plan, w/current flood plan line Foundation Plan, showing helical pilings Building Elevations Helical Piling Detail You will note that the first floor elevation is noted at a maximum of +11 NAVD. This might be reduced to +9 NAVD if the NYSDOS grants us a variance from the otherwise required +2' "freeboard", which we have been led to expect from Mr. Richard Smith. Please let me know, as soon as possible, if you require additional information. Please complete your review of this application, close the hearing, and vote to approve this appeal. Respectfully yours, Tom Samuels cc: Bingham, Pat Moore, Esq. FINAL MAP ~f~J~© REVIEWED BY ZBA SEE DECISION # ~.5"0 DATED fl If%/~o~ FINAL MAP REVIEWED B¥~ZBA ~ SEE DECISION # ~%'~ DATED_// . I/..~_._~1~,~ WEST CREEK SITE DATA LOCATION MAP TEST HOLE BIDDING & PERMITS SWPPP APPROVAL SITE pLAN 1 -- ..... ~E¥1EWED BY ZBAI · ~ ECISION # ~,~gUpATIONPLAN w/HELICALS r '' ' ' 90;' I' S_O_U_TH ELEVAT'ILON SCALE: 1/4" = 1' -0" REVIEWED BY ZBA SEE DECISION # ~/~%~) DATED// /I~-/'~t,~ WEST ELEVATION SCALE: 1/4" = 1' -0" FINAL MAP REVIEWED 15~x ZBA SEE DECiSiON # DATED //, I /~ I~©t~ ::~fa. TION ROOF e rAIL.~ TO HATCH I~ HINI['~ (~) I~ T~INATB I~EHINE~ J,~.A~ OH I~ E ON ~" Tt'K. EAST ELEVATION SCALE: 1/4" = 1' -0" :~EVIEWED 8¥ ZB DATED// I I~.,.. I~ I c'~ F='~JI','E~ ANI:2 teAINI~ ,- ,..~. ~='l~'~. VINYl. LATTIC4~ Ox/ I=OUqDA"i'ION ~,VIx,4,- FACE t=RAI,/~, .d~," NORTH ELEVATION SCALE: '1/4" = 1' -0" FINAL MAP VIEWED BY ZBA SEE DECmS~ON #~ DATED /I. IJ~,l*_~ ~" PLYVVOOD ~ SHEATHING ~-2 x 6 STUD WALL " FIN. FLOOR 1 Y4" x 18 GA GALV. /-a/4" PT PLYWOOD SUBFLOOR ST~P w/5-10d~,x ~ ........ 4- COMMON NAILS-- / EACH END ~ 16" OC 2 x 10 FJ ~ 1,.6,,/.. t'] ~'~ SIMPSON H2.5 HURRICANE 2 -~" M.B,~ '~ CLIP AT ALL JOIST TO  GIRDER CON.-TYP. 4" MIN. 2-3x12PT G~RDER 8 x 8 PT POST_ SIMPSON ABUg8_ GALV. POST BASE ~ /~/s" x 12"ANCHOR BOLT # 3 REBAR STIRRUPS @ 6" O/C" ,.:"' '.~ e' (GALV.) ~.- EXTG. GRADE ~'~../x~(./x~./,., "~' ':x ~x rx~ ,-zx-/x,zx-zx-z~'/ /t -:, ~× 4 - # 5 REBAR~ ~, o 6" x 6" x ~" STEEL PLAT~ . '}1 T ~: WELDED TO SLEEVE .- . , ~ z 16" DIAM._~_~2 7~,, O SHAFT ~- SONOTUBE _ ~,. ~ HELICAL PILE 8 TON ~ CAPACITY- S.W.L ~ , '~ FINAL M Q FOUNDATION SECTION REVIE W SCALE: 1/2"=1 '-0" SEE D!!CI DATED // L HELICAL / SONOTUBE STRUCTURAL / PILEFOUNDATIONS 3X12~ TYPICAL SPLICE DETAIL 4- 3/4" DIA. MACHINE BOLTS W/FENDER WASHERS. STAGGER SPLICE TYPICAL INTERMEDIATE CONNECTION 2- 3/4" DIA. MACHINE BOLTS WI FENDER WASHERS PROVIDE FIRM FIT FOR GIRDER SEAT ON POST 8 x 8 PT POST MIN. SLOPE 12 4" x 6" TIMBER BRACE GRADE 16" DIAM SONOTUBE HELICAL PILE 8 TON~///~ CAPACITY- S,W,L, 3/4" DIA. MACHINE BOLT W/FENDER WASHERS (TYP.) ALL HARDWARE TO BE HDG TYPICAL CROSS BRACE PARALLEL TO GIRDE NO SCALE :INAL MAP SEE DECISION # L~-5~ ,, DATED /~ Ii-; I ~¢~ HELICAL / BRACE STRUCTURAL / PILEFOUNDATIONS SIMPSON H2.5A HURRICANE TIE AT ALL TYPICAL FLOOR JOIST 12 GIRDER MIN. SLOPE 4" x 6" TIMBER 12 BRACE (TYP) ~ PROVIDE FIRM FIT FOR GIRDER SEAT ON PILE 6x6PT ~" DIA MACHINE BOLTS w/FENDER WASHERS (TYP) GRADE DIA MACHINE BOLT W/ FENDER WASHERS AND TIMBER SPACER (TYP) CROSS BRACES TO BE SETAT 45° IF POSSIBLE (6 ON 12 MIN SLOPE) 16"B SONOTUBE ALL HARDWARE TO BE HDG TYPICAL CROSS BRACE '~_HELICAL PILE 8 TON CAPACITY- S.W.L PERPENDICULAR TO GIRDER- NO SCALE I~lkl A I RJIAD t SEE DECISION DATED HELICAL / BRACE STRUCTURAL / PILEFOUNDATIONS 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 October 4, 2012 Patricia C. Moore 51020 Main Road Southold, New York 11971 Re: de minimis request, Application #6550-Bingham and Kimogenor Point Dear Ms. Moore: I am in receipt of your letters dated September 24, 2012 and September 25, 2012 with attached foundation plans requesting a de minimis determination related to changes proposed to the Bingham residence foundation and compliance with FEMA requirements in the VE-8 Zone. I placed your request on the Zoning Board's October 4, 2012 Rcgular Meeting agenda, and, after a thorough review and discussion by Members of the Board of Appeals, the Board voted unanimously to re- open the public hearing for the sole purpose of taking testimony on the proposed construction method for the fbundation and the preservation of portions of the existing dwelling as described and granted in the decision referenced above. Your appeal has been scheduled for the November 1,2012 Regular Meeting at 10AM. As a courtesy l have authorized the waiver of any relaled fees by our office; however it will be necessary for you to re-notice and re-post for the November hearing. If our office can be of assistance, please do not hesitate to contact us. Leslie Kanes Weisman Chairperson/Department Head CC: Building Dept. Thomas Samuels, Samuels & Stcelman Architccts BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Horniug 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 September 6, 2012 Thomas Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: de minimis request, Application #6550-Kimogenor Point Dear Mr. Samnels: I am in receipt of your letter dated September 5, 2012 witb attached architectural plans stating that your original application to renovate and construct additions and alterations to the Bingham residence on the existing foundation as permitted in the AE-6 Zone must now be constructed on pilings which will iucrease the height of the dwelling to +11 NVAD, per FEMA requirements in the VE-8 Zone. I thoroughly reviewed your new proposal and placed it on the Zoniug Board's September 6, 2012 Regular Meeting agenda, as per your request. Your proposed new construction is not de minimis in nature relative to the basis upon which the Board reached its decision. Therefore your request is denied. Should you decide to go forward with your revised plan to renovate and expand the Bingham's existing dwelling, you will have to go to the Building Department to obtain a new Notice of Disapproval and then re-apply to the Zoning Board. If our office can be of assistance, please do not hesitate to contact us. Leslie Kanes Weisman Chairperson/Department Head Cc: Building Dept. PATRICIA C. MOORE Attorney at Law 51020 Main Road Soudlold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765-4643 pcmoore@mooreattys.com September 25, 2012 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals 53095 Main Road, P.O.Box 1179 Southold, NY 11971 RE: Application #6550 Bin.qham & Kimoqenor Point Dear Ms. Weisman and Board: I was advised by Mike Verity, Building inspector, that he spoke to Richard Smith, New York State Building Codes examiner, and it is likely that Mr. Smith would consider a State Building Code Variance from "freeboard height". Tom Samuels is immediately preparing the N.Y.State variance application. Based on Mr. Smith's informal review, we believe that the variance will be granted by the State, however, we will not know the decision for some time. In accordance with my letter to you dated September 24, 2012, we would respectfully request that you reconsider the request for "diminimus change" to the above variance based on the plans, without the N.Y. State Variance, in order to enable the project to move forward. We will provide to you a copy of the N.Y.State variance application and Mr. Verity will provide both you and Tom Samuels the permit number from the State. If the NY.State Variance is granted by Richard Smith, the two foot "freeboard height" would not be required, the plans would be more conforming to Appeal #6550. Whether the freeboard height is applicable or not, there is a compelling case for diminimus change to the plans from AE-6 to YE-8. Very truly yours, Patricia C. Moore cc: Mike Verity, Building Inspector PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 1 t971 Tel: (631 ) 765-4330 Fax: (63 I) 765-4643 pcmoore@mooreatt) s.com September 24, 2012 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals-Town of Southold 53095 Main Road P.O.Box 1179 Southold, NY 11971 RE: Application #6550 Binqham & Kimogenor Point Dear Ms. Weisman and Board: We respectfully request that you reconsider the request for "diminimus change" to the above variance based on the attached plans. As you know the FEMA map affecting the Kimogenor Point property was changed from an AE-6 to a VE-8. The architect's plans incorrectly identified the flood zone as AE-6, however, in your findings of fact the Board correctly noted that "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". Furthermore, as you know. the New York State Building Code requires a two foot "freeboard height" in the VE-8 zone. It would appear from the Board's decision that this issue was accurately identified, considered by the Board, and was a basis of your decision. On September 5, 2012 Mr. Samuels presented a request to replace the foundation with pilings, you responded on September 6, 2012 that this change could not be considered diminimus. However, an alternative to the timber piles is available, helical piles/piers, which is more costly to the owner, but results in minimal disturbance to the existing house and property. While the existing homes in Kimogenor Point which have been renovated comply with the AE-6 flood zone, future renovations of the existing homes will need to comply with VE-8. The proposed change to the foundation should be considered diminimus, the building inspectors have issued building permits for foundation replacements necessitated by FEMA regulations and have testified before your Board that foundation replacements alone do not result in a need for a variance. ~ See Breezy Shores area and use variances. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals September 24, 2012 Page 2 RECEIVED SEP 2 4 BO~-,! -, Application #6550 Bingham & Kimo,qenor Point Moreover, since the above decision was issued, the town code now defines renovation to be less than 75% of demolition of the dwelling. As was determined in the Board's decision, only 50% of the existing house will be demolished. The foundation replacement, if considered part of the percentage of demolition, remains as "renovation" because all work will be less than the code required (75%). In conclusion, the basis of the variance has not changed; the existing house will be renovated. The original plans included compliance with FEMA regulations, and the Board accurately found that the VE flood zone was applicable. As a matter of law, the New York State Building Code unavoidably requires compliance with the additional 2 feet (freeboard height). I have attached a print of the revised foundation plan prepared by Samuels & Steelman with the helical screws. The house is lifted in place, these large screws are twisted into the ground without the need for pile driver. The installation of helical screws is performed by Marine Contractors. In the alternative, we would respectfully request that you re-open the variance appeal in order to correct the architectural drawings. There are no other anticipated changes to the plan, the same findings of fact and reasons for the Board's Action remain the same. Thank you. Ver~ ~[uty~,~urs, f Patrlca C. Moore c: Mike Verity, Building Inspector S A M U E L S & S T E E L M A N September 5, 2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: Application #6550 Kimogenor Point Company RECEIVED '! BOARD OF APPEALS Attn: Leslie KanesWeisman, Chairperson The above referenced application was approved on July 5, 2012. Since that time, in application to the Building Department, it was noted that the Bingham Residence, and the entire line of houses in Kimogenor Point facing Peconic Bay, are in the VE-8 Zone, not the AE-6 zone they had previously been located in. By FEMA regulations, the house will therefore have to be constructed on timber pilings, instead of the masonry foundation shown on our Construction Documents. The first floor elevation will also be increased to the required height of +11 NAVD. In all other ways, the plans will remain the same. We believe that this change is de minirnus to your approval, which was concerned with the setback to the existing bulkhead and a modest increase in the size of the footprint. This proposed change does not affect the character of the community in any significant way. Could you please be so kind as to discuss this with the ZBA members, and, presumably, confirm it in the form of a letter to me? Leslie, time is of the essence in this matter, as it has been our intention to begin construction this month, or at latest next. I understand you will be unavailable for a period of time, and would sincerely appreciate your willingness to address this matter before you leave. Thank you so much for your assistance, Best personal regards, Tom Samuels TEST HOLE BY MARK McDONALD GEOSCIENCE NO SCALE SOUTHOLD, NEW YORK 11971 TEST HOLE DATA (111t0111) ELEV +5.5' 4 FT, I MIXED SAND AND LOAM I WATER IN BROWN 8 FT. I SANDY CLAY CL I WATER IN BROWN 10 FT. I CLAYEY SAND SC WATER IN PALE BROWN t7 FT. IF NE TO COARSE SAND SW COMMENTS: WATER ENCOUNTERED 4.3' BELOW SURFACE, ELEV +1.2' DRAINAGE CALCULATIONS FOR AREA OF NEW ROOF Df['/' p~l · AI~A x RAIN~/~.L (~P~ "A" 2&lB 5t= x (2A2 FT,) x x RLrr4oP~ I~ = 4~5 C,U. PT. !,roE.. (I) ~' ~IA~=~ x 4' HI~ POOL (I) ~' X 4' 5TO~ ~IN ~1~ = I~ ~. ~ (I) ~' ~1~=~ x 5' HIgH ~L (I) ~' X 5' ~TORH ~IN ~1~ = 211 ~. ~. (I) ~' DIA~=i~ x 2' HIgH POOL (I) ~' X ~' ~TO~ ~IN ~1~ = ~ ~U. ~VIDED ~1~ GI ,A T SEPTIC PROFILE E~UILI~IN~ IAIALL FIN. FLf~. EL +~.1 FT y~f~l~E LIh~ ELEVATION 8.5 FT. ~,~E LINE ELEVATION ~,.5 FT. L IR. +5.5=~'/ IR. +D.4q'J I/8~"/FT. - lt~. +4.qci' / IR. +4.~-/' SITE DATA TANK MIN k E~P. OUNZ~ SCTM # 1000-116-06-24.1 PROPERTY: KIMOGENOR POINT 50 JACKSON STREET J J TOP OF POOL 5.2 FT. NEW SUFFOLK, NY 11956 RADs,N4 J4 OW.E.:c,oK'"OGE"O"..L.A.C,E."O'""'"C' P OL IOF POOL =.= FT. 29 GREEN MEADOW HUNTINGTON, NY 11~43 ~IE~ ELEV *1.2' ~ O~ AREA: 257,004.00 SQ, FT.+I- - 5.90 AC. I NCONIC BAY ~'OUN ZONING: R-40 FLOOD: v;.~ ZONE SURVEYOR: NATHAN TAFT CORWIN III PO BOX 16 JAMESPORT, NY 11947 LICENCE NO. 50467 DATED: MAY 16, 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY NOTES.- ELEVATIONS ARE REFERENCED TO NAVD 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS', --5-- LOCATION MAP Nortl' Fork ounfl Club NEW SUFFOLK, NY SITE NOTES EXISTING AREAS Six (6) houses w/porches and decks: 18,050 sf Existing areas paved w/gravel: 6,285 sf TOTAL 24,335 sf Percentage upland coverage: 9.47% PROPOSED AREAS Six (6) houses w/porches and decks: 18,474 sf Existing areas paved w/gravel: 6,285 sf TOTAL 24,759 sf Percent upland coverage: 9.63% Percent upland increase: 1.7 % HOUSE NOTES EXISTING HOUSE: First Floor: Second Floor: TOTAL Covered Porch/Stairs: TOTAL FOOTPRINT: RENOVATED/ADDED HOUSE: First Floor: Second Floor: TOTAL: Covered Porch/Stairs: TOTAL FOOTPRINT: 1,132 sf 767 sf 1,899 sf 664 sf 1,796 sf 1,411 sf 1~059 sf 2,470 sf 694 sf 2,105 sf Percent footprint Increase: 17.2% SITE PLAN / / SCALE: 1" = 30'-0" REG U LATORY APPROVALS REVISIONS: I -11 -12 1105 DRAWN BY: UT CHECKED BY: TS DATE: 4/261t2 SCALE: 1" = 30'-0" SHEET TITLE: SITE PLAN SHEET NO: 1 Ii e. TAIR.~ T~ ~ tq~AIV~:7 ~/~x& ~ ~ ~ O~ VALV~ ~ PIPIN~ t=OR NA~ ~,A~, A~ 11't15 LOGATION pAk~ e, veqx4 L.ATTI~ FACE FRAME. ~AL.V. HIN~ I LAT.GH FOUNDATION PLAN SCALE: tl4" = t' BIDDING & PERMIT SET PROJECT NO: 1105 TCS DATE: 8/20/12 SCALE: 1/4" = 1' - O" SHEET TITLE: FOUNDATION PLAN SHEET NO: 4 A B I I A~HALT ~HIN~ ROOFIN~ ON ~ ~ · I~" O/~. i,e~AN AT EAC, PI l,qlNIDOffl I FI.A~HIN~ INTO I~I:~D~ ii InlAJ. L. ~41N~l ~ tq::X~ IqA'l'El~rl~d.rr CONDITION ADH3250* APWSO~50 ADH3250* / \I ~ ADH3250* ~PW5Q50 /~DH~250* \ ~.'X4.' l",~:.lA ~ FOUNDATION AID FOOTIN~ SOUTH ELEVATI~O_N SCALE: 114" = 1' -0" ADH3250* ADH3250* WEST ELEVATIOF' SCALE: 114" = 1' OftEN te. AlelL'~ TAIL~. ~-"rAIL ANIDE'R..~ F~I,~..~ ~YL.I~,t.rI'. PRO~/IIDE ALL Ite-~'D FI. di~-IIN~ C. OUh [ =.t.-FL.,i~4'llN~ INTO · t. IIN~ r-~ B lq~D'v'l~ ~ ~-'~-"~, IN PORTION ~ $ ~r'[=~ TAILE~ TO HATCH EXlSTIN~ Y~-ATI~R, ON I~ BLDg. PAIn~ E~ HHH ~HH F-O~IIDATION ~, EAST ELEVATION SCALE: 1/4" = 1' 4)" ADH5250* NORTH ELEVATION SCALE: 114" = 1' 4)" BIDDING & PERMIT SET PROJECT NO: 1105 TCS DATE: 4/26/12 SCALE: 1/4" = 1' - 0" SHEET TITLE: ELEVATIONS SHEET NO: 7 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://somholdtown.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, NOVEMBER 1, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 {Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 1, 2012: 10:00 A.M. - KIMOGENOR POINT, INC. {BINGHAM) -#6550 - Re-opened by Resolution for the sole purpose of reviewing the proposed construction method for the foundation and the preservation of portions of the existing dwelling as described and granted in the original decision #6550, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116- 6-24.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto 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: October 17, 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 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: ht~p://southtown.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 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 October 15th: 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 to obtain a mailinq address or to deliver the letter to the current owner, to the best of your abitity, and to confirm how arranqements were made in either a written statement, or durinq the hearin,q, providing the returned letter to us as soon as possible; AND not later than October 22nd: Please either mail or deliver to our office your Affidavit of Mailinq (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 October October 24th : 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 applicantJagents 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 maii your Affidavit of Postin.q for receipt by our office .before October 30, 2012. If you are not able to meet the deadlines stated in this letter, ptease 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'. SCTM #: KIMOGENOR PT. (BINGHAM) 1000-1 16-6-24.1 # 655O VARIANCE: CONSTRUCTION METHODS REQUEST: RELIEF FROM ZBA DECISION DATE: THURS., NOV. 1, 2012 10:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ~"V #10905 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 25Ih day of October, 2012. Sworn to before, me this LEGAL NOTICE SOUTHOID TOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 1, 2012 PUBLIC HEARINGS NOTICE IS HEREBy GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zouing),Towa of Southold, the following public heat- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, RO. Box 1179, Southold, New York 11971-0959, on ~DAY HO- 14 A~M.. KIMOGENOR POINT. ~ - Re-opened by Resolution for the soin purpose of reviewing the proposed construction method for the foundation and the preservation of portions of the exist- ing dwalbng as described and granted in the original decision #6550, located a~: 50 Jackson Street New Suffolk, NY SCTM#1000-116.6-24.1 1~0 A.M. _ MiCHAE~j~LDEE ~N ~ - Request for Variance from Article XXIII Section 2~1 122A and the Building Inspector's September 20, 2012 Notice of Disap- proval based on an application for build- mg permit for partial demolition and ~econd story re-construction to an exist- mg single family dwelling at: 1) less than the code required minimum side yard setback of 15 feet, 2) less than the code required combined side yard setbacks of 35 feet. located at: 9280 Nassau Point Road (adj. to Pecouic Bay) Catchogue, NY. SCTM#1000-118-6-6 1tg45 A.M.- ~A KA- BAKOV #_660_2 - Request for Variances tiom Article Ill Section 280-15(B & C) on an application for building permit to construct an addition to an existing accessory building at: I) more than the code perruitted maximum height of 22 feet, 2) more than the code permitted square footage of 3% maximum, located at: 1700 Park Avenue (adj. to Great Pc- conic Bay) Mattituck, NY. SCi°M#1~00_ - Request for Variance from Article XXIII Section 280-12A and the Building Inspector's September 18, 2012 Notice of Disapproval based on an application for building permit for partial demolition and additions/alterations to an existing single family seasonal dwelling at 1) less than the code required front vatd set- back of 40 feet, both streets on' this cor- ner lot, located at: 320 F~eetwood Road (corner Hamilton Avenue) Cutchogue, NY. SCTM#1000-110-4-13 ances from Article XXIII Section 280- 124 and the Budding Inspector's July 27. 2012, updated October 4, 2012 Notice of Disapproval based on an application for building permit for "as built" shed and deck addition to an existing single fam- ily dwelling at: 1) less than the code-re- qulrod minimum side yard setback of 10 feet; 2) less than the code required rear yard setback of 35 feet, located at: 2085 Bay Avenue (adj. to Marion Lake) East Marion, NY. SCTM#1000-31-17.3 ~ - This is a request for a Waiver of Merger under Article II, Section 280- 10A, to unmerge land identified as SCTM g1000-104-2-24, based on the Building Inspector's June 14, 2012, updated Sep- tember 10, 2012 Notice of Disapproval, which states adjoining conforming or nonconforming lots held in common ownership shall merge until the total lot s~ze conforms to the current bulk sched- ule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot ~s merged with lot 1000-104-2.23, located at: 1375 and 1475 Sterling Road (corner 1 week(s), successfully commencing on the Principal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01VO0105050 Qualified In Suffolk County My Commission Expires February 28, 2016 Horton Road) Cutchogue, NY. SCTM#'s 1000-104-2-24 & 23 ~ P.M.. B~LOP' ~. ~660~ - Request~for Vari- ance from Article XXII, Section 280- 116(B), based on the Building Inspector's August 14, 2012 Notice of Disapproval concerning an application for construc- tion of a new single fami y dwelling at: 1) ess than the code-required minimum setback of 75 feet from a bulkhead, lo- cated at; 400 Old Cove Blvd. (comer Beverly Rd.) (adj. to Arshamomaque Pond aka Mil/ Creek) Southold, ~ t~ - Request for Vati5 ance from Article XXBI Section 280-I 24 and the Building l~spector's October 2, 2012 Notice of Disapproval ba~od on an application for building permit for additions and alterations to an exist- lng dwelling at: I) less than the code required front yard setback of 40 feet, both streets on this eoraer lot, located at: 1240 Inlet Drive (corner Miriam Road) Mattituck. NY SCTM#1000-99-2_6 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each heating, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Flies 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, (63l) 765-1809, or by emud: -VickLTothL~Town. Sout hold.nv, us, Dated: October 17, 2012 ZON/NG BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vidd Tolh 54375 Main Road (Office Location) 53095 Main Road (Malling/USPS) P.O. Box 1179 Soulhold, NY 11971-0959 1Q,9~%1T 10/25 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 1 ! 971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldIown.northlk)rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 November 19, 2012 Tom Samuels 25235 Main Road Cutchogue, NY 11935 RE: ZBA Application #6550, Kimogenor Point (Bingham) Dear Mr. Thomas: Transmitted for your records is a copy of the Board's November 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk rcgarding the above variance application. Belbre 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. Sincert~l~;'~ Vicki Toth Encl. Cc: Building Dept. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KIMOGENOR POINT INC (BINGHAM) #6550 (Name of Applicant) CTM Parcel # 1000-116-6-24.1 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 the15th of October, 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. .~3SEig natu re)tt!' TSY PERK,S Sworn to before me this day of October, 2012 / (No~ry Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, ,~ O K~OGENOR POiNT INC (BINGI IAM)O NEIGHBOR MAILiNG LIST SCTM: 1000-116-6-24.1 KiMOGENOR POINT CO. ATTN: WM. ARCHER 29 GREEN MEADOW LANE HUNTiNGTON NY 11743 SCTM: 1000-117-10-1 KIMOGENOR POINT CO. ATTN: WM. ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 SCTM: 1000-117-9-1 RECEIPT RECEIPT RECEIPT 7192 6463 3110 0001 3386 7192 6463 3110 0001 3379 7192 6463 3110 0001 3393 FROM: FROM: FROM: MOORE LAW OFFICE MOORE LAWOFFICE MOORE LAWOFFICE RE KIMOGENOR PT ZBA RE KIMOGENOR PT ZBA RE KIMOGENOR PT ZBA TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 SCTM; 1000-116-6-22.2 ERNEST CASE & OTHERS PO BOX 285 CUTCHOGUE NY 11935 SCTM: 1000-116-6-21.1 TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 SCTM: 1000-116-%16.1 RECEIPT RECEIPT 7192 6463 3110 0001 3409 7192 6463 3110 0001 3416 FROM: FROM: MOORE LAW OFFICE MOORE LAW OFFICE RE KIMOGENOR PT ZBA RE KIMOGENOR PT ZBA SEND TO: KIM~G~NOR POINT CO SEND TO: KIMOGENOR POINT CO ATTN WM ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 FEES: FEES: ~* FEES: Postage 0 45 Postage 0 45 Postage 0 45 Certified Fee 2 95 Ceriified Fee 295 Cerhfled Fee 2 95 Return Receipt 2 35 Return Receipt 2 35 Return Receipt 2 35 Restricted Restricted Restricted TOTAL $ 5.75 TOTAL . $ 575 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE SEND TO: TO~N OF $OUTHOLD PO BQX 1179 SOUTHOLD NY 11971 SEND TO: SEND TO: ERNEST CASE & OTHERS TOM WIC KHAM & OTHERS PO BOX 285 PO BOX 928 CUTCHOGUE NY 11935 CUTCHOGUE NY 11935 FEES: FEES¢ postage 045 Postage 0 45 Cert~fierl Fee 2 95 Ced~fied Fee 295 Return Receipt 2 35 Return Receipt 2 35 Restrmtec~ Restricted TOTAL $ 5.75 TOTAL $ 5.75 POSTMARK OR DATE POSTMARK OR DATE SOUTHOLD N~ 1971 A, S~G~-~ture (,[DAddresse,~ or DAgent) Ix ?' B. Rec'~ived By: (Please Print Clearly) :,~E LAW OFFICE 11020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivery 4. Restricted Delivery? 3, Service Type (Extra Fee0 Yes CERT~IFIED 2. Article Number 7192 6463 3110 0001 3379 7192 6463 3110 0001 3379 1. Article Addressed To: KIMOG~'~R POINT CO. ATTN: WM. ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 311o O.Ol 33 6 7192 6463 3110 000l. 3386 1, Article Addressed To: MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 KZMOG::NOR POINT CO. ATTN. WM. ARCHER 29 GREEN MEADOW LANE HUNTINGTON NY 11743 4. Restricted De very? 13'Service Typ; - (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 3393 71~2 6463 3110 0001 3393 t. Article Addressed To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of KIMOGENOR POINT INC (BINGHAM) #655[3 AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-116-6-24.1 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/----~day of October, 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, November 1,2012. "Partita 'C. Moore Sworn to before me this ~1 $~ day of October, 2012 BETSY A. pERKINS Notary Public, State ol New York No. 01 PE6130636 Qualified in SuflOtk Coun~ )_.~ CommiSsion Expires July 18,------- *near the entrance or driveway entrance of the property, as the area most visible to passersby. 51020 MAiN ROAD SOUTHOLD NY 11971 Addressee or E3 Agent) Received By (Please Print Clearly) Date of Delivel i0 ,z- - MOORE LAB' o~FIc; 51020 MAIN ROAD SOUTHOLD NY 11971 Signature: (~Addressee or E3Agent) Received By: ~ Print Clearly) 4~¢4~(Restricted Delivery? 13. SerViCe Type Extra Fee) [] yes CERTIFIED 3~ Article Number 7192 6463 3110 0001 3416 7192 6463 3110 0001 3416 Article Addressed To: TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 4, Restricted Delivery? /3, SerVice Type (ExtraFee) [--]Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 3409 7192 6463 3110 0001 3409 Suite / ?'pt I FLoor !ptease print Clearly) Articte Addressed To: ERNEST CASE & OTHERS PO BOX 285 CUTCHOGUE NY 11935 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 '4- Tel. (631) 765-1809 ° Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO~(~/.~j/~ MEETING OF NOVEMBER 15, 2012 Southold Town Clerk ZBA FILE: 6550 AMENDED NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM# 1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il 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 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for 1st and 2"a story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for Ist and 2nd story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. Page 2 of 4- November 1, 2012 ZBA File#6550 - Kimogenor Point CTM: 1000-116-6-24.1 RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architectJagent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5, 2012, the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department, as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5, 2012 decision. The public hearing was scheduled for November 1, 2012 and the ZBA waived all associated fees. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012 public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDiNGS OF FACT/REASONS FOR BOARD ACTION: Page 3 of 4- November 1, 2012 ZBA File#6550 - Kimogenor Point CTM: 1000-116-6-24.1 The Zoning Board of Appeals held public hearings on this application on April 5, 2012, June 7, 2012 and November 1, 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: I. Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. II. Variance Findings: 1. Town Law §267-b{3)(b)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-b{3)(b){3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law §267-b(3)(b}(4) According to the LWRP report dated Mamh 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of pumhase. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 of 4-November 1, 2012 ZBA File#6550 - Kimogenor Point CTM: 1000-116-6-24 I AMENDED 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet I, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural~Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels & Steelman, Architects. Subject to the following conditions: Conditions: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. 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 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. Amended Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio. Absent were Members Schneider and Homing. This Resolution was duly adopted (3-0). Approved for filing // / q~) /2012 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.nct ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 5, 2012 ZBA FILE: 6550 NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM#1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay) New Suffolk, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il 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 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issu'ed a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for 1st and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels & Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for 1st and 2nd story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet. Page 2 of 3 July 5,2012 ZBA Fi1¢#6550 - Kimogenor Point RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012, the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling, which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5, 2012 and June 7, 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: I. Town Law §267-b{3){b)(D. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law §267-b(3)(b)(4) According to the LWRP report dated Mamh 28, 2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane Page 3 of 3- July 5, 2012 ZBA File#6550 - Kimogenor Point wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law §267-b{3}(b){5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated 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 Weisman (Chairperson), and duly carried, to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals June 8, 2012 as follows: site plan dated 4/26/12 as sheet 1 and floor plans sheet 2, ,and elevations sheet #4 prepared by Samuels & Steelman, Architects. Subject to the following condition, Condition: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 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 feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in thio' 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 Fote of the Board: Ayes: Metnbers Welsman (Chairperson), Goehringer, Dinizio, Schneider, Horning. This Resolution was duly adopted (5-0) Leslie Kanes Weisman, Chairperson Approved for filing 7f/ /2012 \ \ ~PTI~C PROFIL~E ~CE~V~D ~ r JUN" I "~,UILDIN~ I~LL FIN. FL~. EL +¢.1 FT I ~¢~E LINE ELEVATION 6.5 FT. ~ DATA a .D ~ I / ~DE LINE ~LEVATION &.D FT. SCTM ~ t000-116~6 24.1 PROPERS: KIMOGENOR POINT / ~ ~N. :' ~Ax. NE~ SUFFOLK, NY P TANK L /rp O -~ cio BILL ARCHER 29 GREEN M~DOW ~NE ' ' ~% ' , ' / [%~ROUND ~R EL~ +~.2' . ~. ~ , =-,o. ~ ~ =' ~N ~ A;EA: 2S;,004.00 Sa. FT.+/ = S.90 AC. ~ ~' ~IN ZONING: R~ ISLAND BOARD OF APPEALS FLOOD: ZONE SURVEYOR: AE (Elevation 6) NATHAN TAFT CORWIN III PO BOX t6 JAMESPORT, NY 11947 LICENCE NO. 50467 DATED: MAY 16, 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY NOTES.- ELEVATIONS ARE REFERENCED TO NAVD 1988 DATUbl EXISTING ELEVATIONS ARE SHOWN THUS: 54) EXISTING CONTOUR LINES ARE SHOWN THUS: --5-- LOCATION M~Ai__~__P North Fork Case NEW SUFFOLK, NY TEST HOLE BY MARK McDONALD GEOSCIENCE NO SCALE SOUTHOLD, NEW YORK 11971 TEST HOLE DATA (11110111) ELEV +5.5' I WATER IN BROWN 8 FT. I SANDY CLAY CL I WATER IN BROWN 10 FT. I CLAYEY SAND SC [WATER IN PALE BROWN 17 FT.~FINE TO COARSE SAND SW COMMENTS: WATER ENCOUNTERED 4.3' BELOW SURFACE, ELEV +1,2' DRAINAGE CALCULATIONS FOR AREA OF NEW ROOF AREA x RAINFALL x 2~155Fx (2/12 FTJ x 1.0 . 4~S C4J. FT. ~= (I) ~,' IDIAPIETER x 4' HIEP~I POOL (I) ~' X 4' E~TORPI IDRAIN ~IN~ - I~E, CU. I=1'. !.J~5~ (I) ~' I~IAhtETE~ x 5' HI~¢'I POOL (I) B' X 5' ~T~e. PI DRAIN RIN~ · 211 CU. I=T. Gt F, AT PECONIC t AY SITE PLAN I I / / SITE NOTES EXISTING AREAS Six (6) houses w/porches and decks: 18,050 sf Existing areas paved w/grsveh 6,285 sf TOTAL 24,335 sf Percentage upland coverage: 9.47% PROPOSED AREAS Six (6) houses w/porches and decks: 18,474 sf Existing areas paved w/grsveh 6,286 sf TOTAL 24,759 sf Percent upland coverage: 9.63% HOUSE NOTES EXISTING HOUSE: First Floor: 1,132 sf Second Floor: 767 sf TOTAL 1,899 sf Covered Porch/Stairs: 664 sf TOTAL FOOTPRINT: 1,796 sf RENOVATED/ADDED HOUSE: First Floor: 1,411 sf Second Floor: 1~059 sf TOTAL: 2,470 sf Covered Porch/Stairs: 694 sf TOTAL FOOTPRINT: 2,105 sf Percent footprintincrease: 17.2% U~E, fi) B' IDIAHEI'L=R x 2' HI~+I FOOL o) ~' x =' s~ ,~,,N .~ - ~ ~. ~. SCALE: 1" = 30'-0" ~s ~. ~. > ~ ~' ~' I r'NAL MAP ~REVIEWED BY ZBA ~SEE DECISION ~ RECEIVED ~DATED ~ I~ I~/~ / BOA o REGULATORY APPROVALS REVISIONS: t -11 -12 ="--.Ii 0 PROJECT NO: 110! DRAWN BY: UT CHECKED BY: TS DATE: ~2~12 ;HEET TITLE: SITE PLAN SHEET NO: 1 SOUTH ELEVATION SCALE: 1/4" [] 1' 4)" EAST ELEVATION SCALE: 114" = 1' 4)" WEST ELEVATIOP SCALE: 114" = 1' 4)" NORTH ELEVATION SCALE: 114" -- t' 4)" FINAL MAP REVIEWED BY ZBA I SEE DECISION # ~ I DATED__~_ I...~_ Ic~/c~ ~ REGULATORY APPROVALS 1105 TCS :)ATE: 4/26112 3CALE: 1/4" = 1' - 0" 3HEET TITLE: ELEVATIONS SHEET NO: 4 EXI~,TIN~ ~ TO I~HAIN, ~ ~ POAM IN~,t. ATION, AN~ NEVi PINIOnEd. EXI~)TIN~ ~ TO R,EIHAIN~ ~ ~x4. ~-OA~ ~N~UI.A'~C:~ AN~ N~PI FINISHES INSI~ i OUT fuU ~AHIL¥ ~aHll¥ ', STAIR. LIN~ d~ EXI~.TIN~ NP-J~ :2x4e16# STUD J~IALL vc/SP~Y C,L_ ~ tCI'I'C..HEN I I HAT~ A~EA IN~IC*A'I'E~ I 7~ J ~ ~ FL.OOfl. PLAN /~ SECOND FLOOR PLAN ' FIR_S_? FLO_OR PLAN SCALE: 114" = 1' -0" / SCALE: 114" -- 1' -0" REGULATORY APPROVALS rnl PROJECT NO1:105 DRAWN BY: TCS DATE: SCALE..4126112 1/4" = 1' - 0" SHEET TITLE: FLOOR PLANS HEET NO: ISLAND SURVEY OF PROPERTY SITUA T£ NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C.TAXNo. 1000-116-06-P/0 24.1 SCALE 1":40' MAY 16, 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE JULY 24, 2006 FINAL SURVEY SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY ~,EGE/VED I~OARD OF APPEALS NOTES AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED 50467 Nathan Taft Corwin III Land Surveyor Successor ]ro Stanley J Isaksen, Jr LS Joseph A Ingegno LS PHONE (631)727 2090 Fax (651)727-1727 1586 Main Rood PO Box 16 31-1% ~'~,~ ~, ,OFFICE LOCATION: ~/?/.~,~.~'~ Town Hall Annex \ /s/ ~ 54375 State Route 25 \ ~ (cot. Main Rd. & Youngs Ave.) \ L~ Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: March 28, 2012 Re: Coastal Consistency Review for ZBA File Ref. # 6550 KIMOGENOR POINT, INC. SCTM#1000-116-6-24.1 KIMOGENOR POINT, INC. - #6550 - Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consiste;~cy Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 1. "Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development." Policy 4, 1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for; a. structures which functionally require a location on the coast or in coastal waters. d. sites where relocation of an existing structure is not practica/ 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The action is located in the VE Coastal Flood Zone -Velocity Hazard El 8' are defined as area~ with special flood hazards associated with hi,qh-velocty waters qenerated by tidal surqes and hurricane wave wash. Residential structures located within these areas have the potential to suffer high loss and pose hazards to life and property during high wind and surge storm events. The residential structure does not functionally require a location on the coast and is not water dependent. Although due to lot size, configuration and area of unbuildable lands located on the parcel the relocation of the residential structure is not feasible. However, the expansion of an existing structure by 23.5% is inconsistent with Policies 1 and 4.1. - the area is subject to potential storm surge and/or flooding. In the event that the action is approved to further Policies 5 and 6 the following is recommended: Require that the action fully complies with Chapter 236 ""Stormwater, Grading and Drainage Control Law." Note that the bottom of the proposed drywells would be in qroundwater based upon location, qrade and water elevations per the test hole. This is not permitted. Note also that the qrade chanqR to accommodate the new sanitary system (new elevation 6.5') could affect the property to the east and should be further evaluated for storm water controls. In the event that the action is approved, it is recommended that a Storm Water Control Plan is required. It is further recommended that herbicide and fertilizer restrictions are applied to the area. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE RECEZVED BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING March 6, 2012 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Kimogenor Point, Inc. Tanyes, William Kalogeras, Thomas & Irene Meyerholz, Richard 6550 6553 6554 6556 Very truly yours, TRK:ds Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 To: FORM NO. 3 ,JUN NOTICE OF DISAPPROVAL Br~ ~/~D''''~ DATE: June 8, 2012F,qpp~:A£$O Thom Samuels for Bingham at Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated January 11,2012 For 1 st & 2nd story enlargement & alteration, including the addition of heat at Location of property- 50 Jackson Street, New Suffolk, NY County Tax Map No. 1000 - Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal cottage is nonconforming building with a nonconforming use. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet fi.om the bulkhead." The survey indicates the proposed dwelling setback approx. 62.5' fi.om the bulkhead. 'Authorized Signature *altered to reference the addition of heat & clarify bulkhead setback from entry. To: Thom Samuels for Bingham at Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 3, 2012 Please take notice that your application dated January 11, 2012 For 1st & 2nd story enlargements & alterations to a seasonal dwelling at Location of property- 50 Jackson St., New Suffolk, NY County Tax Map No. 1000- Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal dwelling is a nonconforming building with a nonconforming use. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates a proposed dwelling setback of approx. 57.4' from the bulkhead. Authorized Signature To~ FORM NO. 3 NOTICE OF DISAPPROVAL Thom Samuels for Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 RECEIVED FEt~ I} ZOIZ DATE: January 19, 20121~OARD OF:,AP~PEAI..,q Please take notice that your application dated January 11,2012 For demolition & construction of a new single family dwelling at Location of property- 50 Jackson St., New Suffolk, NY County Tax Map No. 1000 - Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states~ "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal dwelling is a nonconforming building with a conforming use. In addition, the proposed dwelling is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates a proposed dwelling setback of approx. 57.4' from the bulkhead. RECEIVED BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. 50 Street ~CJ(~D~d SCTM 1000Section I~ ~ Block0~ Lot(s) ~', Hamlet Lot Size I (WE) APPEAL_ THE WRITTEN DETERMINATION OF THE BUILDIN~G INSPECTOR DATED I/t ~//[~ BASED ON SURVEY/SITE PLAN DATED ~ ~.- ,~- I] · Applicant(s)/Owner(s): .~.t{~0 ~r~-N0~ ~)/~)'~ I~' Mailing Address: % ~{~,~-.. ~ ~]~'~ ~r~)0b0 ~t~9 I ) JTIKgTOtd, Telephone: ~-7~ Fax: Email: ~~ ~ ~ ~L. ~ NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: '~ 3/~/~ ~ ~ for (VfOwner ( )Other: Address: ~.,~ /~/~[~ i~D, C~,~-(~['~0~}~ Telephone:'-f3df ~i~0~ Fax: 7~ '~t~0'] EmaiI:T~/]~J~,~.~f~)S'~-(~-~'L~/~, Please check to specify who you wish correspondence to be mailed to, front the above nam es: ( ) Applicant/Owner(s), (V~Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED J~-,~' ]1 and DENIED AN APPLICATION DATED (t0'f'Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.)_ Article: XX ({I Section: ~g0~ t~5 Subsection: FOR: Type of A~peal. An Appeal is made for: (~ A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (V~ has, ( ) has not been made at any, time with respect to this property, UNDER Appeal No(s). ~ Year(s). ;~/10/0,~ . (Please be sure to research before completing thts question or call our qffice for assistance) RECEZVED PART B: REASONS FOR APPEAL BOARD OF APPEAL~ An undesirable change will not be produced in the CHARACTER of the neighborhood fo a detriment to nearby properties if granted. The Kimogenor Point property consists of three separate parcels, two of them contiguous. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be reconstructed is 5.9 acres with six individual single family residences and a shared clubhouse. The original development of Kimogenor Point occurred in 1915, and over time the homes have been expanded, improved and renovated. The subject residence is owned by Dan and Jackie Bingham, and it needs substantial reconstruction. It has not been substantially changed in over fifty years, making it effectively original. It has suffered from time and weather. It is located in a flood zone, and the first floor is belowthe required minimum elevation, built on a locust post foundation. The framing is non-conforming relative to current NYS building code and modern building practice. It is unheated, which is also non-conforming to code. The Binghams want a house which conforms to current code and practice, including hurricane resistance for framing and windows, proper heating, cooling, electric, plumbing and insulation. The waterfront property is extremely valuable, and warrants an up to date house. The reconstruction of the house is in keeping with the style, scale and detail of the existing houses in the community, and will not prod uce a change to the character of the neighborhood. It will be an asset to the common owners of the a Kimogenor Point Corporation. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance. The property is unique because it contains multiple single family residences on a single lot. Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed reconstruction is located entirely within the existing footprint of the house, plus modest expansions are proposed to square-offthat footprint. Much of this increase in footprint is in the form of an open porch. The modest enlargement of enclosed, conditioned space is necessary to accommodate a family of two parents and three young children, plus occasional guests. The existing setback to the bulkhead is non-conforming, as are four of the remaining five houses and the clubhouse, some of which encroach significantly more than is proposed. Furthermore, the houses align on the water side, with the covered porches forming a direct line, facilitating community awareness. This fact makes is unfeasible to push the house closer to the Bay. The closest proposed encroachments occur at the location of open, unenclosed porches. Even with the enlargements, the proposed house will align with neighboring houses on the road/bulkhead side. 3. The amount of relief requested is not substantial. The application of the balancing BOARD OF APPEALS test weighs in favor of the grant of the variance. The house will be reconstructed within the existing footprint, with modest and appropriate expansions intended to square off the irregular shape and rationalize the interior layouts. The existing and proposed dwelling is set back from the property lines and from other residences on adjoining property parcels. The Kimogenor Point development is a private community, isolated from all other homes in New Suffolk. The land is an enclave unto itself. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is suitably set back from water bodies, especially on the un-bulkheaded, beach side. It is mostly within the existing footprint. In keeping with requirements of the Southold Trustees, State DEC and County Health Department, it will include conforming sanitary and storm water runoff systems. The alleged difficulty has not been self-created. The property and house pre-date zoning. The Southold Town Zoning Ordinance does not address this common development plan. Regarding the bulkhead setback, the existing house is non- conforming; any re-construction would be the same. There are no Covenants or Restrictions concerning this land. Prior to construction, the project must also be approved by the NYSDEC, SCDHS, and the Board of the Kimongenor Point Corporation. A permit from the Southold Trustees has already been approved. 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. The variance requested is the minimum relief practicable given the personal benefits anticipated by the applicant. The reconstruction is needed to maintain the investment and the proposed expansion is modest in scope and scale. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. Sworn to before me this c/~ day of ~'~V'~ , 2012. Notary Public ' ~'/~ Authorized Agent Tho~as~ C. Samuels, PART B: REASONS FOR USE VARIANCE BOARD OF APPEALS Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstratedbycompetentfinancialevidence. TheapplicantCANNOT realize a REASONABLE RETURN because the permitted uses do not include the existing use of the site, specifically "multi-family residential" community. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be reconstructed is 5.9 acres with six individual single family residences and a shared clubhouse. The original development of Kimogenor Point occurred in 1915, and over time the homes have been expanded, improved and renovated. The waterfront property is extremely valuable, and warrants an up to date house. The reconstruction of the house and the resulting multi-family use is in keeping with the existing use of the property. It will be an asset to the common owners of the a Kimogenor Point Corporation. The alleged hardship relating to the property is unique because the property is one of the only parcels in the town which contains "multi-family residential" on a single lot in an R-40 zone. Both the ownership structure and development predate zoning. The alleged hardship does not apply to a substantial portion of the district or neighborhoodbecausethe majority of the neighborhood is composed of traditional single family residences. Kimogenor Point is one of the only properties with a "multi- family residential" use in New Suffolk. The Kimogenor Point development is a private community, isolated from all other homes. It is an enclave unto itself. The request will not alter the essential character of the neighborhood because it will result in the status quo, namely that of the existing condition. This is not a proposal to add a new non-conforming use, but to continue a long-standing one. This cannot result in a change in the essential character of the community. The alleged difficulty has not been self-created because the existing and proposed use has been in effect since 1915, long before the current applicant have been alive. Once again, this is simply a request to continue an existing use. The Southold Town Zoning Ordinance does not address this common development plan. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community because it allows for the continuation of a single family use in a "multi-family residential" community. It does not request two or more new single family residences, only one, as exists. This is the MINIMUM that is necessary and adequate, and ~t the same time preserves and protects the character of the neighborhood, and the health, safety, and welfare of the community. The variance requested is the minimum relief practicable given the personal benefits anticipated by the applicant, RECEIVED BOARD OEA[PPEALS that is having a house which meets all modern requirements. The reconstruction is needed to maintain the investment and the proposed use has existing since 1915. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantialjustice will be done because, as amply described above, this appeal calls for the continuation of an existing use, in keeping with the immediate surroundings and the incorporation documents of the Kimogenor Point Corporation. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. Sworn to before me this I~'td~ day of IVi(,/F-C/(,~. , 2012. Notary Public Thomas C. Samuels, Authorized Agent APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: kl~O~r~"/~O~-. ~)[~)T/ linC, DatePrep~ed: ~]/1~ ~OARDoFApp~ I. For Demolition of Existing Buil~ng Areas Please desc~be areas be~ng removed: ~O ~T~ ~0I~L It. 1 FT. ~ ~- fT, TOT~I~' ' 17~ .$9, ~. New Construction Areas ~ew Dwe~ng or New Addiflons~ensions): Dimensions of first floor extension: D~ ~- ~. ~/ Dimensions of new second floor: ~ ~ ~&~ <~.~Z/ ff~ ~ [~1 ~q. ~ ~ ~ 6'~.~ ~gD 'It~, Dim~sions of floor above second level: ' - ' Height (~om finished ~o~d to top of ridge): ~7 I~ ~N Is basement or lowest floor ~ea berg cons~cted? If yes, plebe prohde height (above ~o~d) meas~ed~omnamralexisdng~adeto first floor: *~,l ~T-~T III. Proposed Construction Description (~terations or Structural Changes) (attach extra sheet if necessary) - Please des~ buil~ng areas: Number of Floors ~d General Ch~actehstics BEFO~ Alterations: . ~. Calculations of building areas and lot coverage (from survevor): Existing square foo~ge of buildings on yo~ prope~: [ ~/ Proposed increase of building coverage: / Square foo~ge of your lot: ~ ~?; 00~ Percentage of coverage of your lot by building area: ~', ~ ~ V. Purpose ofNew Construction: ~ ~P~C~ ~ ~Tl~e VI. Please describe the land contours (flat, slope %, heavily wood~, marsh area, etc.) on your land and how it relates to the difficul~ in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION ~OARD OF APPEAI.~ Is the subject premise/listed on the real estate market for sale? Yes ~'No Are there any proposals to change or alter land contours? No ~,/ Yes, please explain on attached sheet. 1 .) Are there areas that contain sand or wetland grasses? t{ ~,..~ 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? c~ ,~gN totOC ~1.~'- 4.) If your property contains wetlands or [ond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? v/ Please confirm status of your inquiry or applieation with the Trustees: P ~ FI' and if issued, please attach copies of permit with con~litions 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? ~( ~- ~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? 31C, N~' 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? Iq r) If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. ~rJ3 (3TvllO Please list present Use or operations conducted at this parcel [~[.~I 13r~-&)Tltq[..-SI/~6'LF and the proposed use ,'g'o4~,~'_ bO ! 'flq ]9-~Ct~ g ~-/~ Id_ C~-'~) ~_~t 0 ~'~[J~-- . (ex: existing single family, proposed: same with garage, pool or other) Authorizec~ signature and Date PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicanl or Project Sponsor) RECEIVED 8oAth t3F ~p., I'APP-LIC:~I~qT/SPONSOR 2, PROJECT NAME AMOUNT OF LAND AFFECTED Re:IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) iOen~al [~lndustfial E]Commemlal E~]A~lc~ltum F-1Park/Fo~est/OpenSpace ~lo~her (describe) DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTiMATELy FROM ANY OTHER GOVERNMENTAL ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? r"~No If yes, list agency name and permit / appr0val~ T' U %Tg- g I~S~A ~ OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action i$ a Co~tal Ama, and ~ou ar~ compl~l~ th~ Coa~l ~m~nt Form honor* 'EAL~ RECEIVED PART II - IMPACT ASSESSMENT (To be completed by Lead AgencyI IROARD OF APPEALS A. DOES ACTION EXCEED AN~ TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes, coordinate the review process and uae the FULL CAF. B, WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.67 if NO, a negative de~araUon may be superasded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FCN. LOWlNG: (Aaswers may be hano'wflttsn, if iagil~e) C1. ~ _E.~. 6~ ,al.t quel ,t?, s u.ffa? or g~_ nci,.watsr quality or quactity, noise levels, exia~g t~aiflc ~ttem. solid waste produc~on or disposal, pomrm~ mr erordon, orange a~nnoalng problems? ExTlaln bde~ I L C3. V~mlaGO~ or fiau,'m, fieh. ~hallflSh or wlielife spec4eas, ~tgelflcant habltste, cr ~ltea~ensd Or e~gele¢l sbect~? i~"p~in ~1~' " C4. A C'b-hhu~it¥'$ exJsting Ptea~'~' ~)els as Ol~-,iaBY adoplsd, or a change ih uae or I~lenig~iy of use of I~1'0; airier ~alurel resources? ~in beieflF C5. irOwth, subsequent developmenL or related ectiv~ee likely to be induced by the pmpOse~ action? Explelil I~y: C6. L~qg term. 8i3ort term, ~muleti~e, Or ot~er effects not identified in Cl-C57 -~L~i~ b~efly: ' C7. O~er t~,,~.la (includin~ chen~es in use of ellher q~Jantjty or t,jl)e cd energy? Explain O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLIb-'HMENT OF A CRITICAL ENVIRONMENTAL AREA ICEA)? (1~),es~ px~laln ~defl¥: r-'lYes []No E. I~ TH~. OR IS THE RE LIKELY TO BE1 CO ,N*rRovI~¥ RELATED TO POTENTIAL ADVERSE ~EI~I~ON N~NI'AL IMPACTS? If )'e~ r-I.o PART III - I~e:/I:I~.NIRNATION OF SIGNIFICANCE (To be ¢ompletsd by ~ency) INSTRLICTION~: F~rea~i1adversee~ec~id~nit~edab~ve~determinewhetherRle$ubetsn~aL~arge~mp~rtantor~tbee~viass~nific~nt. Each effect should be assessed Jn connection with its Ia) seffing (i.e. urban ~' rural); (b) pn)babili~ of occurring; (c) cluralion; Id) ilTeveraibility: geographk; scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations coctain suffic}ent detail to show that all relevant adverse impacts have been identi~l~d aed aclequately addressed, If ~esb~:m d of part ii was checked yes. the betermirralion of $ignificance rnus I eyaluate the potential impact ofthe p~oposed action on'the environmental chain ct ~[~fL'~_ of th e CEA. Check this box if you ha ye identified one o~ mare 0cden Ually large or significant adverse Impe cls wnic h MAY occur. Then proceed clirec~y to b~e FULl EAF and/or prepare a posRive dec~aratio~. Check this box If yOU rlave 0eterr~ne~L based on the information and analysis above and any supporting documentation, thai the ~ropose~ acura WILL NOT resedit in any elgrlFmant adYerse eovImnmente/imoacto AND provide. Or~ affacflme~ts as necessary, the reasons suppo~ng determination. Date Titls cd Responsible Officer Pdnt or Type Name of Resnonaibte Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different 1rom responsible oW'~er) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED ~OARD OF APPEALS WttEN 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 SOO feet of a fartn operaiion located in agricultural district. All applications requiring an agricuttural data statement must be referred'to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-nofthe General Municipal Law. 6) Location of Property (road and tax m, ap numb~ er.): _~TJ/0. ~-O6~--~ 7) Is the parcel within an agricu!tural district? ~lNo ~(¥es If yes, Agricultural District Number 2~ 8] Is this parcel actively fanned?/[~2No E]Yes 9) Name and address of any owner[s)of land within the agricultural district containing active [ann operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall locaUon [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. ~qame and Address [Please u.~ back side of page if more than six property owners are identified.) I'he lot numbe~ may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board of Appeals at 765-1809. natu~ 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 actidn on their farm operation. Solicitation will.be made by supplying a copy of this statement. 2. Comments returned to the local beard will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicenl at the time the application is submitted for review. Failure to pay at such time means the application is not comolete and cannot be acted upon by the board. 1-14-09 63173~6~ PAGE APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Siutho.ld's Ce.de of Ethics pr.o. hibits conffiet~ of.mtere*~.on tim poll of Town officers m~['--d- empl0¥e~s, The purp~ce o£.~is form i~ to provide huformafion- which can alert the Town of ~o~s~b e ~onfltc~$ of re,rarest aa allo.w, it to take. whatever._action is neeessaw to avoid, sm3~e. (Last name, f~rst name, midcl~ initial, unless you a~e applying in tho nmne of someone else or othcr entity, such as a corapm~y. If so indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply,) Tax Grievance Variance ~/Z Chm~ge of Zone Approval of Plat Exemption from Plat or Official Map Oliver If "Other", name the activity: Do you personally, (or through yomr company, spouse, sibling, parent, or child) have relationship with m~y officer or employee of the Term of Soathold? "Relationship" includes by blood, mmhage, or bucness interest. "Bu,lnc~s interest" mcanJ a business, including partnership, i~ which the Town officer or employee Ittm even a partial ownership of (or emplo~ment by) a corporation in which the Town officer or employee owns mom than 5% of the shares. YES NO ~ Ifyeu answered "YES", complete t4e b~lanee of this form and date and sign where indicated. Name of person employed by the Town of $outhold: Title or position of that person: Describe that relationship between yourself (the applicant) m~d the Town officer or employee. Either chex:k the approphate line A through D (below) and/or describe the relationship in thc space provided. The Tom~ officer or employee or his or her ~ouse, sibling, pm-ant, or child is (check ali that apply): A) the ovmer of greater than 5% of thc shares of the amnporate stock of the applicmat (when the appliem~t is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entiW (when the applicant is not a corporation); C) aa officer, director, par~er, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP 82/02 ~ECEJ¥£D APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALs The Town of Southoid's Code of Ethlcs prohibits conflicts of interest on the Dart of town officers and emlflovees. The Duinms~ of this form ....... ts to Drowdc ~nformat~on wthch can alert the town of ~oss~ble confl~ets of intercs~ and allow it to take whatever a~ion necessary to avoid same. (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's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other". name the activity.) 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" 'ncludes by b ood, mamage, or bus~ness interest. Bus ness nterest" means a business, including a partnership, in which the town officer or employee has ever a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO If you answered "YES'~, complete the balance of this form and date and sign where indicated. Name o£person employed by the Town of Southald Title or position of that person Describe the relationship between yourself (the applicanVagenUrepresentative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or ~mployee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of groater than 5% of the shares o£the corporate stock o£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 appl cant DESCRIPTION OF PdELATIONSHIP Form TS I Submitted this I dayof ~) L~ ~/~-~ Signature ~ -- PrintName -U~l, Olrl~L~ C~ ~.[~ Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ~OARD OF APPEALs All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed a~ions 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 rninisterial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# Il ¢ ~)¢ c~ q, i The Application has been submitted to (check appropriate response): TownBoard [] P,ann,ngDep,. [] BnildingDep,. []3/~oardofTrus,ees 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: gFc~N ~T'~ C~Yl ON ~F ~,ECE'rVED Location of action: Site acreage: Present land use: Present zoning classification: BOARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: J%/l~{)~[~/OJ~ pC>/~L, /N'G. ~ ~.dr/~OL--~ t~ (b) Mailingaddress: ~ ~f-~- fl)ff~(~ ~o~.oAD (c) Telephone number: Area Code ( )_ '7,..~qL /.¢qO~- (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~No [] lfyes, which state or federal agency?. D~(~.. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~/Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No ~/(,N_ot ap, plicable - please explain) Attach additional sheets if necessary ~UARD OF APPEAl Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~/Yes [-~ No [] (Not Applicable - please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ~ ~ No ~-~ (Not Applicable - please explain) , Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~/Yes [~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No ~/(Not Applicable - please explain) '~ECEIVED ~ mua~u uP APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [~/Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessmy Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~Yes [] No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependel~SB suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~ No ~Not Applicable- please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Wes [] No [] Not Applicable- please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No ~/Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~/~es [] No [~ Not Applicable - please explain RECEI*VED S A M U E L S & S T E E L M A N BOARD OF APPEALS Februaw 9,2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: RECONSTRUCTION OF THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear SidMadam, Enclosed please find materials required for an APPEAL for an area variance. find the following: Please 1. ZBA Application 2. Reasons for Appeal 3. Notice of Disapproval (1/19/12) 4. Applicant's Project Description 5. Questionaire 6. Property Record Cards 7. Finding of previous Appeal (3/10/05) 8. Short EAF Form 9. Owner's Authorization 10. Transactional Disclosure Form 11. LWRP Consistency Assessment Form 12. Seven (7) Photos 13. Southold Trustees Permit #7712 (1/18/12) 14. Current Survey 15. Site Plan (2 sheets) 16. Floor Plans and Building Elevations 17. Check for $1000. Please get back to me if further materials are required. If the application is deemed complete, please notify me of the date of the hearing. Thank you, ~uel~s AR( HITE( TS A?PLICATION TO THE SOUTHOLD TOWN BOARD OF APPlE_ALS Fee: ~~. Filed By: Date AssignedlAsstgnmenl ~o. ~ 2004 Parcel Location: House No. 50 i~;~S~-.,eel~ Jackson Str,*et Hamlet New Suffolk -"-- SCTM 1000 Section 116 Bloch06 Lot(s) 24.1 Lot Size 5.9 ac Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 9/29/04 "'~.~ ,o ,~--~-.--~'~/~ .~' Applicant/Owner(s): Willt~ Archer ~ ~-~ff~~//,/o~~J~ ~ ~ Mailing Address: 29 Green Meadow Lane, Huntington NY 117$3 Telephone: 69?-7357 Patricia C. Moore Esq; Authorized Representative: Address: 51020 Main Road, Southb~d NY 11971 765-4330 Telephone: (fax 765-4643) Please specify who you wish correspondence tb be mailed to, from the above list:ed name:s: D Applicant/Owner(s) 1~ Authorized Representative [] Other: W'HER. EBY ~i'HE BUILDING INSPECTOR DENIED AN APPLICATION DATED 7/20/04 FOR: ltl Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use 13 Per;nit for As-Built Construction Other: Provision of the Zouing Ordinance Appealed. ludicate Article, Sectiou, Subsection and paragraph of Zoning Ordinance by numbers. Do uot quote the code. Article XXIV Section 100- 243A Subsection Type of Appeal. Au Appeal is made for: M A Variance to the Zoning Code or Zoning Map. 13 A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal/3 has Z has not been made with respect to this property UNDER Appeal No, Year Reason for Appeal Continued Zoning Board of Appeals re: William Archer Residence/ Kimogenor Point, Inc. ~,ECEZYED BOARD OF APPEALS Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b). The variance should be granted for the following reasons: 1. No undesirable change will be produced character of the neighborhood or a detriment properties, if the variance is granted. The Point property consists of three parcels. The underlying land is Point Corporation with each proportionate share of stock in subject parcel which contains renovated is 5.9 acres with family residences and a clubhouse. development of Kimogenor Point occurred time the homes were expanded, The subject residence, Unit 9 on is owned by William Archer and renovated. The last date that was 25 years ago. The applicant separate held by the homeowner the the six in the to nearby Kimogenor contiguous Kimogenor owning a corporation. The residence to be individual single The original in 1915 and over improved and renovated. the original site plan, the house needs to be this home was renovated wishes to add a second floor and renovate the first floor. New Windows and updated heating and electrical work is proposed. The waterfront property is extremely valuable and the house has suffered from time and weather. The renovation was approved by the Kimogenor Point Corporation Board of Directors, Robert Fox, President. The improvement of the existing homes will not produce a change to the character of the neighborhood and is an asset to the common owners of Kimogenor Point Corporation. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property is unique because the property contains multip~ARD~i~L$ family residences. Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed expansion is an area within the existing footprint. A second floor master bedroom is proposed. Also the house will be squared off on the north-west corner of the existing house. The proposed improvements are modest and in character with the architectural style of the surrounding homes. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The house will be renovated within the existing foot print, except that a small corner of the house will be squared off. The dwelling is setback from the property lines and from other residences on the Kimolgenor Point property. The Kimogenor Point development is issolated from all other homes in Nassau Point. The land is an island onto itself. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is suitably setback from the water bodies and is primarily within the existing footprint. 5. The alleged difficulty was not self-created. The property and house predate zoning. Town Zoning Ordinance does not address development plan. 6. The variance requested practicable given the personal the applicant. The renovation investment and the proposed scale. is the benefits is needed expansion The Southold this common minimum variance anticipated by to maintain the is modest in We respectfully request that the appeal together with any further relief that necessary and reasonable. be granted, is deemed RECEIVED BOARD OF APPEALS Kimogenor Point Corporation New Suffolk, New York RECEIVED BOARD OF APPEALS RECEIVED klatch 12, 2012 MAR 1 3 ;~0~ BOARD OF APPEALS Town of Southold Zoning Board of Appeals Re,' Plr. & /~rs. Dan/e/B/ngham Residence 50 Jackson Street K/mogenor Point New Su££o/k, NY 11956 We hereby authorize Thomas C. Samuels of Samuels and Stee/man Architects o£25235 I~a/n Road, Cutchogue, NY, to apply for ail required permits from the Town of Southo/d (£on/nL~ Board of Appeals) for the project to reconstruct the B/ngham Residence at 50 Jackson Street, K/moLFenor Point, IVew Suf£o/k, New York 11956. ,~/ncere/y, W/l/lam VZ. Archer Pres/dent Kimogenor Point Company ~EGEXVED Daniel and Jackie Bingham 170 Oxford Blvd. Garden City, NY f~530 December 7, 20~1 ~3OARD OF APPEALS I hereby authorize Thomas C. Samuels of Samuels and Steelman Architects or 25235 Main Road, Cutchogue, NY, to apply for all required permits from the Town of Southold, Suffolk County and State of New York, for my project at 50 Jackson Street, Kimogener Point, New Suffolk, New York 11956 Sincerely, Daniel Binghan'>--J RECEZVED ~OARD OFAPPEALS 116.-6-24.1 clubhouse 12/10 )F ApP£ALS !xtension Basement Floors ~- ~t interior Finish ]xtension Ext. Wails ., !x~."~on ~ /~¢//,¢~/~* ~-r..~) /~1) Fire Place /~ He~ ~ ~ ~:~ '/'~ Porch Attic Porch Rooms 1st Flor ~reezewoy Patio R~ms 2nd Floor Driveway ~°rage FORMER aVCaR ' "~' ' ' ~ STREET N S VILLAGE W DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT RES. SEAS. VL. FARM LAND AGE NEW Farm 1 Tillable 2 Tillable 3 Woodland Swampland B r u sh I o/i,~l-~'~ House Pl~t~ Toro I IMP. NORMAL Acre COMM. IND. REMARKS TOTAL DATE BUILDING CONDITION BELOW Value Per Acre ABOVE Value CB. MISC. FORMER ~: /NER RES, ~LAND SEAS. AGE NEW Farm Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL Acre STREET S VL. FARM TOTAL ( DATE BUILDING CONDITION BELOW Value Per Acre ABOVE Value VILLAGI~ W COMM. I IND. SUB. ACREAGE TYPE OF BUILDING CB, LOT MISC. 116.-6-24.1 #11 12/10 k4. Bldg. ~xtension ~xtension Foundation Bath Basement Floors Ext. Wails Interior Finish Fire Place Heat Patio A, ttic Rooms 1st Floor Rooms 2nd Floor .// Garage Driveway STREET , I MILLAGE DISTRICTI SUB. ] LOT Bg'vqqlA ' I ~I3N~AO TRIM 30ARD OF AppEAl~ Extension Extension Foundation Basement Rorch Ext. Walls Breezeway Fire Place Garage Type Roof Patio Recreation ROom Both Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor O.B. Dormer Driveway 3'~tal TOWN OF SOUTHOLD ~ROPERTY RE~O~RD CARD VWm=K STREET VILLAGE DIST. ' SUB. LOT FORMER OWNER N E ACR. S W TYPE OF BUILDING g, ES. SFAS. VI.. FARM COJVe~. CB. MICS. Mkt. Value LAND IMP. t u ~AL DATE REMARKS liable ~ FRONTAGE ON WATER oadland FRONTAGE'ON ROAD ~,e PkU' BULKHEAD ~~ ' rTOWN OF SOUTHOLD J~tOPERTY RECORD CARD" , 'bWNER FORMER O~NER RES. STREET VILLAGE DISTRICT SUB. N S LAND SEAS. IMP. VL. FARM TOTAL DATE AGE BUILDING CONDITION NEW N ORMA L BELOW Farm Acre Value Per Acre Tillable 1 Titlable 2 Tillable 3 Woodlend Swampland Brushland'- , .. il_ House Plot Tota I W BUILDING COMM. j 3B. MISC. REMARKS ] ABOVE Value ~/-*" ~- _ ~ECEZVED ~OARD OF APPEALS ,¸4' ,\ // ~ / "9 ~.. 116.-6-24.1 #10 12/10 I' Extension /~ ~,. wolls [0~ ~ Interior Finish ~ Porch ,,~' / Attic ~ / ~ Rooms 1st Floor 3reezeway Patio -/ Rooms 2nd Floor ~arage Driveway ).B. 116.-6-24.1 #9 12/10 v~. Bldg. :xtension ]xtension --xtension 3reezewa, 3arage Bath Floors Foundation Exti'XWalls Fire Plac,e z: ?/ i Porch Interior Finish Heart Attic Porch Rooms 1st Floor Patio Rooms 2nd Floor Driveway 'STREET ~'ILLAGE DISTRICT '~ SUB. LOT N S E ACREAGE W TYPE OF BUILDING RES. LAND AGE NEW Farm Tilla,ble 1 Tillable 2 Tillable 3 Woodland Swampland Brushlanc~ House Plot Total SEAS. IMP. NORMAL Acre VL. FARM TOTAL DATE BUILDING CONDITION BELOW Value Per Acre COMM. IND. CB. 1 MISC. ABOVE Value ~]OARD OF APPEALS 116.-6-24.1 #8 12/10 ;xtension L,/ ~ ')/~ / 0 ,t.f) Ext. Walls ~,z. ,~ './~, Interior Finish :xtension ~'~/~_/~ / j"~, , ~ ~ / .~ ' r' ~ ~ O' ''~ ~( ~ Porch Attic ,,;~ ,. ¢~ . ~~.~,. ~orch .oom~ :. ~,oo~ ~reezeway Patio Rooms 2nd Floor Garage ~rive~ay STREET' ViLLAGI~ ~ D1STRICT SUB. FORMER ~'VNER N S W RES. LAND SEAS. IMP. ACREAGE TYPE OF BUILDING LOT · VL. 'TOTAL FARM DATE COMM. IND. CB. I MISC. AGE BUILDING CONDITION NEW Farm Tillable 1 Tillable 2 Tillable. 3 Woodland NORMAL Acre Swampland Brushland~' House Plot BELOW Value Per Acre ABOVE Value Total OWNER ~ [ORMER OWNER STREET S VILLAGE W DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT RES. LAND AGE NEW Farm I Tillable 2 Tillable 3 Waod[and Swampland Brushiand House Plot Tat61 SEAS. IMP. VL. TOTAL FARM DATE BUILDING CONDITIOIx NORMAL Acre BELOW Value Per Acre COMM. I N D. REMARKS ~ / ABOVE Value CB. I MISC. P.,OARO Ut- APv~'AL~ 116.-6-24.1 g6 12/10 RECE..t'VED ~OARD OF APPEALs M. Bldg. Extension Extension Foundation Basement Ext. Walls Fire Place Both Floors Interior Finish Hea~ Attic B reezewo Garage Porch Porch Patio Driveway Rooms 1st Floor Rooms 2nd Floor Bldg. "xfension ~xtension Sarage ].B. Foundation Both ~asement Floors Ext. Walls Interior Finish Fire Place Heat Porch &ttic Porch Rooms 1st Floor )aria Rooms 2nd Floor Driveway 5' £? COLOR TRIM 1st 2nd M. BIdg Foundation CB Fin. B. Bath ~.)~ Dinette FULL COMBO / Extension Basement CRAWL PARTIAL Floors Kit. SLAB Extension Ext. Walls Interior Finish L.R Extension Fire Place ~(~.~ Heat D.~-'-- ~/~---- ,~tio Woodstove BR. ~rch Dormer Baths Deck Dock Faro, Rm, ,,/ Garage OB. Pool OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD ~71--R~ E T ~ DIST ]~c~s~n gt. /S~. ACR. ~-, c~O TYPE OF BLD. PROP. CLASS2~ G (_7~,,~ LAND IMP. TOTAL DATE VILLAGE REMARKS FRONTAGE ON WATER FRONTAGE ONROAD DEPTH BULKHEAD C~cn~, cor~jfrucf ~ d~¢/h'r~ ~OARD OF APPEALs TILLABLE WOODLAND MEADOWLANO HOUSE/LOT TOTAL ,~.~:~' ,,; ~ .~ ,~ OPERTY RECORD CARD (SWNER FORME~OWNER RES. N SEAS. VL. TOTAL FARM DATE VILLAGE DISTRICT SUB. TYPE OF BUILDING LOT COM~. IND. CB. J MISC. .' ' - IT "qC'-~-- "~.~r~-/~--'- / NEW NORMAL BELOW j ABOVE Farm Acre Value Per A~re Value Fitlable 1 ~__ Tillable 3 ;wampland ~rushland 3 House Plot Y~O-'~ F SOuTHOLD--OPERTy EcoRD RD ~'L' R CA~ oWNER, STREET VI LLAGE FORMER OX, teN ER N E DISTRICT SUB. ACREAGE LOT · S W TYPE OF BUILDING TOT^, DATE REMARKS~ RES. LAND AGE NEW Farm 1 Tillable 2 Tillable 3 NORMAL BUILDING CONDITION Acre Wcodland Swampland Brushland House Plot' Tot~! BELOW Value Per Acre ABOVE Value ...... vr aPPEALS 116.-6-24.1 #7 12/10 M. Bldg. Extension Extension :) Breezewa Garage Foundation Basement Ext. Walls Fire Place Porch ~ ~.,~' Porch Patio Driveway / (( .¥ Bath Floors Interior Finish Hea.,t Attic Rooms 1st Floor Rooms 2nd Floor APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Vincent Orlando James Dinizio, Jr. Michael A. Simon ~OARO OF APPEALS http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southotd, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION ~~. ~;~v.~ MEETING OF MARCH 10, 2005 So u d old'To n Clerk ZB Ref. 5654 - WILLIAM ARCHER (Co-op Unit #9) and KIMOGENOR POINT COMPANY joined in by letter of 2/28/05) Property Location: 50 Jackson Street, New Suffolk; CTM 116-6-24.1. 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 home is located on a 5.90 acre parcel. The land has been held since 1915 by the Kimogenor Point Corporation, with each homeowner owning a proportionate share of stock in the corporation. The parcel is improved with the applicant's 1-1/2 story, single-family residence, five other individual single-family dwellings, and a clubhouse. BASIS OF APPLICATION: Building Department's September 29, 2004 Notice of Disapproval, citing Sections 100-31A and 100-243A, in its denial of a building permit to construct a proposed second- story addition. The reasons stated by the Building Department are: (1) that there are multiple dwellings on this parcel, and (2) reconstruction of the existing dwelling is a nonconforming use. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005 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: RELIEF REQUESTED: The applicant wishes to add a second-floor addition and to renovate the first floor of the existing dwelling, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. The use of the dwelling will remain as single- family, and therefore there will be no increase or change in the number (density) of single-family dwellings, confirmed by applicant to be 'six,' adjacent to contiguous property also owned by Kimogenor Point. The setback of this dwelling is noted as 70+- feet from the existing bulkhead along West Creek, and all other code provisions were noted by the Building Department to be in conformity with the code. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: P~ge 2 - Mamh 10, 2005 00 ZB Ref. 5654 - William Archer & Kimog~lSor Point Co. CTM ID: 116-6-24.1 RECEIVED EIOARD OF APPEALS 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building inspector indicates that the present dwelling is a nonconforming building containing a nonconforming use, based on the fact that the 5.90 acre parcel contains multiple individual dwellings. The applicant's home is one of six dwellings, owned by stockholders of the corporation, Kimogenor Point. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. 3. The variance granted herein is not substantial since there is no change in the use density and the number of dwelling units, although nonconforming on one parcel, will remain the same. 4. The difficulty has been self-created and is related to the multiple dwellings on a single parcel of land, which is nonconforming. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations, 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 Dinizio, and duly carried, to GRANT the variance, as applied for, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0,~,,, I \ Ruth D. Oliva, Chairwoman 4/~'/05 Approved for Filing FORM NO. 3 TO: NOTICE OF DISAPPROVAL Samuels & Steelman A/C .Archer 25235 Main Road Cutchogue, .NY 11935 Please take notice that your application dated July 20, 2004 DATE: September 29, 2004 For reconstruction of an existing dwelling at Location of property 50 Jackson Street, New Suffolk, NY ~OARD OFAPPEAL$ County Tax Map No. I000 - Section t 16 Block6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed reconstruction, on this conforming 257,004 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-243A which states; "A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The building has a nonconforming use pursuant to Article 100-31, A., Permitted uses. (l) One-family detached dwellings, not to exceed one dwelling on each lot. There are multiple dwellings on this parcel. \ Autliori ,~gnat ~ CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. June 4, 2012 ~OARD OF App£~LS Re: The Bingham Residence on Kimo§enor Point, New Suftblk, NY Southold Town Zoning Board of Appeals Southold, New York Dear Members of the Zoning Board of Appeals: I have been asked to supply information on the recent sales of ownership interests in Kimogenor Point Company ("KPC"). KPC is a real estate co-operative with twelve shareholders. In addition to a 1/12th interest in KPC, each shareholder has a perpetual lease interest in a residential home owned by KPC located on Kimogenor Point, New Suffolk. It is the home subject to the perpetnal lease interest that creates the vast majority of the value for each shareholder's KPC interest. The three most recent sales are as follows: 2011 Sale of Harrison KPC interest to Adler/O'Neil 2010 Sale of Riccoboni KPC interest to Marsh 2005 Sale of Fletcher KPC interest to Bingham $1,500,000 $2,495,000 $1,675,000 Sincerely, William W. Archer President Kimogenor Point Company PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Town of Southold Zoning Board of Appeals June 7,2012 RE: KIMOGENOR POINT INC # 6550 (BINGHAM) CEIVED JUN .. 7 2012 ~l~ ~ ~,~ OP APPEAL Dear Chairman Weisman and Board members: With reference to the above, please be advised that Mr. Archer, President of Kimogenor Point has advised that in 2004 there was a sale to Brennan for $725,000.00. Very truly ~ours, ~atricia C. Moore PCM/bp RE: KIMOGENOR POINT~ INC. (B1NGHAM) - #6550 PURCELL-photo # 2 (B~GHAM) - #6550 #6 RE KIMOGENOR POINT INC (BINGHAM) - #6550 BINGttAM-photo # 7 RE: KIMOGENOR POINT, INC. (BINGHAM) ~ #6550 BINGHAM-photo # 7 POINT, INC. #6550 8 RE: KIMOGENOR POINT, INC. (BINGHAM) - #6550 ARCHER-photo # 9 RE: KIMOGENOR POINT, INC. (BINGHAM ~ - #6550 FOX-photo ~ 10 KIMOGENOR POINT, INC. (BINGIIAM) - #6550 MARINO/O'BRIEN-photo # 11 RE: KIMOGENOR POINT, INC. (B1NGHAM) _ #6550 POLLIO-photo # 12 RE: K1MOGENOR POINT, INC. (BINGHAM) - #6550 BEACH BETWEEN # 5 & 6 RE: KIMOGENOR POINT, INC. (BINGHAM) - #6550 FROM BEACH To: Zoning Board of Appeals hearing on June 7, 2012 from: Patricia C. Moore Esq. Re: Kimogenor Point, New Suffolk N. Y. AREA VARI3NCE REASONS: Daniel and JacMe Bingham (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This house is one of 12 homes with a club house on land owned by the Kimogenor Point Corp which dates back to 1915. The subject house sits on a parcel 5.9 acres with 5 other homes. The addition on the east side of the house will complete the footprint in keeping with the architectural design of the other homes (see photographs); The alignment of the porches maintains the New England style of the structures and is extremely important to this community. The proposed design conforms to the architectural style which characterizes Kimogenor Point. The owner has modified their plan and will retain 25% of the existing dwelling, The existing walls to be retained will require substantial alteration to comply with the NYS Building Code. The improvements must meet the Energy Code, for example there must be an upgrade to the windows (double glaze), also Hurricane standards are required for windows (wind resistance) and strapping of the structure. These improvements will be required to the remaining structure. (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 house has a second floor and the second floor additional space is over the existing structure. To maintain the architectural character of Kimogenor Point which includes wrap around porches and a particular shape of the house to remain. The footprint of the house can not be exactly "in place"; additional square footage is required to meet the New York state residential code: 1. Some rooms will be enlarged: Room sizes do not meet code: (existing first floor bedroom is 66 sq.ft. & second floor bedroom is 68sq.ft.) These rooms do not comply with state code minimum of 70 sq.ft.)(R304.2). 2. Stairs are made conforming 3. Windows must be egress windows and must conform to the energy code and hurricane standards. 4. Under the NY Residential Code a seasonal house is made conforming by adding heat & energy compliance. The building department may not issue a building permit for a "seasonal dwelling"where the house will be occupied between September 15 th and May 15ta . (R303.8). The existing house is used throughout the year, except during the coldest season. (3) The amount of relief requested is not substantial because: There is no change to the use density since the number of residences is not changing. The Kimogenor Point development is a unique community which has their own interior roadway and infrastructure. The improvements are being ma~le within the 75% standards recently adopted by the Town Board. The proposed improvements are maintaining the existing setback from the bulkhead. The improvements are landward of the internal driveway in Kimogenor Point. On the wetland side, the Kimogenor Point Homes are all in line- their wrap around porches maintain a common setback line. This setback will be maintained. It is extremely important to the Kimogenor Point community to maintain architectural character of the homes, with the wrap around porches, as well as the common distance to wetland, the proposed construction conforms to a common development plan. Improving the home will benefit the community financially: the stock of the corporation, based on sales of the units, relies on preservation of the homes. See value of homes based on recent sales. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The improvements will be a favorable effect on the physical and environmental conditions of the neighborhood. The sanitary system is being improved, the extent of the sanitary improvements will depend on the work done to the home. The rain water will be captured in new dry-wells. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The homes in Kimogenor Point have been repaired and expanded over the years, with Zoning Board review and approval. I.e. Archer Appeal #5654 3/10/05 & Pollio variances were granted. Buying into this community one of the un-renovated homes requires a significant investment for upgrades & improvements. Are there Covenants and Restrictions concerning this land: XNo. Yes.(please furnish copy). The property is a c-op corporation and operates pursuant to operating agreements; the plans have been reviewed and approved by the Kimogenor Point Company Board of Director (letter). 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. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 18,2012 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Mr. Tom Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 RE: DANIEL & JACKIE BINGHAM 50 JACKSON STREET, NEW SUFFOLK SCTM# 116-6-24.1 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2012 regarding the above matter: WHEREAS, Samuels & Steelman Architects on behalf of DANIEL & JACKIE BINGHAM applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 21,2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 18, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, RECE~rVED BOARD OF APPEALS WHEREAS, the Board has considered all the testimony and documentation submitted conceming this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of DANIEL & JACKIE BINGHAM to reconstruct the existing dwelling with a new addition and new septic system; with the condition that the most seaward proposed drywell be relocated outside Trustee jurisdiction; and as depicted on the site plan prepared by Samuels & Steelman Amhitects, last dated December 2'1,2011, and stamped approved on January 18, 2012. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees:$100.O0 Very truly yours, President, Board of Trustees JFKJeac ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville February 14, 2012 Zoning Appeal No. 6550 Transmitted herewith is Zoning Appeals No. 6550 of Thomas Samuels for Kimogenor Point, Inc.-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Thomas Samuels Dated February 9, 2012, Four Pages of Application to the Southold Town Board of Appeals #5654 Dated December 8, 2004, Authorization Letter from Daniel & Jackie Bingham to Thomas C. Samuels to Represent Them in this Matter Dated December 7, 2011, Notice of Disapproval from Building Department Dated January 19, 2012, Copy of Google Map of Property, Ten Pages of Property Record Cards (Both Sides), Two Page of Findings & Deliberations from Board of Appeals No. 5654, Notice of Disapproval from Building Department Dated September 29, 2004, Seven Pages of Photos of Property, Two Page Copy of Action Taken by the Board of Town Trustees Dated January 18, 2012, Copy of Survey Showing Wetland Notes and Topographical Survey Dated September 22, 2011 Prepared by Nathan Taft Corwin III Land Surveyor, Three Pages of Plans Showing Elevations, Site and Floor Plans Dated February 8, 2012 Prepared by Samuels & Steelman-Architccts. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/14/12 * * * RECEIPT * * * Receipt~: 125990 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6550 $1,000.00 Check#: 16258 Total Paid: $1,000.00 Name: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6550 S A M U E L S & S T E E L M A N June 8,2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM# 1000-116-6-24.1 RECEIVED JUN "8. 2012 BOARD OF APPEALS Attached please find six (6) sets of revised SITE PLANS and BUILDING ELEVATIONS showing the project as an additions and renovations project, per your request. Thank you, Tom Samuels May 22, 2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 S A M U E L S & S T E E L M A N RECEIVED MAY 2 2 2012 BOARD OF APPEALS Re: RENOVATIONS AND ADDITIONS TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear Sir/Madam, Enclosed please find materials required for an APPEAL for an area variance. the following: Please find Six (6) prints of FLOOR PLANS showing new, removed and existing to remain walls, all shown tinted with color, as requested. Thank you, Tom Samuels BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 7654809 · Fax (631) 765-9064 July 9, 2012 Tom Samuels 25235 Main Road Cutchogue, NY 11935 RE: ZI~A Application #6550, Kimogenor Point Co. Dear Mr. Samuels: Transmitted for your records is a copy of the Board's July 5, 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. Sincerely, Vicki Toth Encl. Cc: Building Dept. ~ECEIVED BOARD OF APPEALS }une4, 2012 Re: The Bingham Residence on Kimogenor Point, New Suffolk, NY Southold Town Zoning Board of ^ppeals Southold, New York Dear Members of the Zoning Board of Appeals: 1 have been asked to supply information on the recent sales of ownership interests in Kimogenor Point Company ("KPC"). KPC is a real estate co-operative with twelve shareholders. In addition to a 1/12th interest in KPC, each shareholder has a perpetual lease interest in a residential home owned by KPC located on Kimogenor Point, New Suffolk. It is the home subject to the perpetual lease interest that creates the vast majority of the value for each shareholder's KPC interest. 'the three most recent sales are as follows: 2011 Sale of llarrison KPC interest to Adler/O'Neil 2010 Sale of Riccoboni KPC interest to Marsh 2005 Sale of Fletcher KPC interest to Bingham $1,500,000 $2,495,000 $1,675,000 Sincerely, William W. Archer President Kimogenor Point Company RECEIVED BOARD OF APPEALS May 26, 2012 Re: The Bingham Residence on Kimogenor Point, New Suffolk, NY Southold Town Zoning Board of Appeals Southold, New York Dear Members of the Zoning Board of Appeals: The Kimogenor Point Board of Directors have reviewed the original Bingham renovation plans with the shareholders of Kimogenor Point Company. The Kimogenor Board of Directors has also reviewed the revised plans for the additions and renovations project that the Binghams subsequently submitted to the Southold Zoning Board of Appeals. On behalf of the Kimogenor Point Company, kindly accept this letter which acknowledges the Kimogenor Point community's full and continuing support for the Bingham project. Sincerely, William W. Archer President Kimogenor Point Company I APRIr19,2012 I SUFFOLKTIMES.COM A complicated bungalow rebuild New Suffolk project raises questions BETH YOUNG PHOTO The houses on Kimogen°r Point in New Suffolk predate zoning and are Oot up to current building codes. The owners Of this home hope to tear it down and begin again. BY BETH YOUNG I STAFF WRITER For the tiny community of Kimo- genor Point in New Suffolk, change comes with a heavy dose of nostalgia. The community of about a doz- en bungalows, set on a spit of land at the entrance to West Creek, was built in 1915 -- far before zoning or most of the modern land practices in Southold today. The houses sit on just two separate parcels of land, both owned by the Ki- mogenor Point Company. Homeown- ers in the summer colony hold shares of stock in the company instead of deeds to their houses. Most of the homes are unheated. Earlier this year, the corporation filed papers to tear down Dan and laclde Bingham's cottage jut west of the colo- L.I. CAULIFLOWER ASSOCIATION THE CHOICE oF PROFESSIONALS FOR OVER 100 YEARS See our huge section for everythln! We have a full line of products including fertilizer and lime. · Blended · Bulk · Mini Bulk Bagged YOUR SOURCE FOR: · * Topsoil, potting soil, garden manure, premium compost, cedar mulch, black mulch, red mulch · Mole Max and now Chase mole repellent · Organic Healthy Grow fertilizer for gardens · Organic lawn program Dynaweed - corn gluten and Healthy Start 1-2-3 · PLANTS: Broccoli, lettuce, cauliflower, cabbage available· · FLOWERS: Azaleas, rhododendrons now in stock you need for your garden and lawn. CRABGRASS CONTROL WEED AND FEED INSECT CONTROL STEP ONE STEP TWO STEP THREE · A complete line of BONIDE® lawn care and garden products is available at gmat priCes. ,(~L~ · Deer repellents from Uquid Fence® · Repellents for moles and voles. · We carry some of the best Vegetable seeds money can buy. ny's iconic windmill and replace it with a new house sporting a larger porch. The Southold Town building de- partment denied the application, and the matter is currently before the Zon- ing Board of Appeals. The corporation is seeking re- lief from two sections of the town code: Because the existing building is a non-conforming use, it cannot, by law, be enlarged, reconstructed, structUrally altered or moved unless it is changed to a conforming use. The application also does not meet the required setback of 75 feet from the bulkhead onWest Creek. Bill Archer of Htmtington, listed on ZBA documents as the corporation's contact person, did not return calls for comment. "The waterfront property is ex- tremely valuable and it warrants an up-to-date house," Cutchogue archi- tect Tom Samuels, who represents the company,; said in the variance request. He added that the new house will be in keeping with the style, scale and de- tail of the existing homes and will use materials and methods that meet cur- rent building codes. "The ownership structure and the development predate zoning, and much of the floo~ plan increase is an open porch," the application says. "It's the only parcel in town with mul- tifamily residences on a single lot in an R-40 zone." The lesser setback from the bulk- head is also common among the hous- es on the peninsula, according to the documents. The applicants say they would like to keep the lesser setback because it will keep the front porches of the houses in line on the Peconic Bay side of the property, which has a greater setback from the water than that on the protected creek. Town Local Waterfront Revitaliza- tion coordinator Mark Terry has al- ready raised some concerns about the application. "Residential structUres in these ar- cas have the potential to suffer high loss and pose hazards to life and property during high winds and surge storm events," he wrote in a letter to the ZBA earlier this month. He added that he was concerned that the project involved a 23;5 percent expansion of the footprint of the house, though that footprint does include the new porch. The zoning board is scheduled to discuss the matter again at its May 3 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 7, 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~ JUNE 7, 2012: 2:00 P.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 - (Adj. from April 5, 2012) Request for Variances from Article XXlII Code Section 280-123 and Article XXll Section 280-tt6 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval based on an application for building permit for 1st and 2"d story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,,Town. Southold.n¥.us Dated: May 7, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nor t h fork.net May 7, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,June 7, 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 May 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT · REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, prov ding the returned letter to us as soon as possible; AND not later than May 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 30th: 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 PostinR for receipt by our office before June 5, 20'12. 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 MAP # KIMOGENOR POINT, INC. (BINGHAM} 116.-6-24.1 #6550 VARIANCE NONCONFORMING BLDG/USE; SETBACK REQUEST ENLARGEMENTS 8, ALTERATIONS TO SEASONAL DWELLING DATE: THURS, JUNE 7, 2012 2 PM ZONING BOARD-TOWN OF SOUTHOLD 765-1809 If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. #10710 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 24th day of May, 2012. Principal Clerk Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JUNE 7, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoinng),Town of Southold, the following public hear- ines will be held by the $OUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, $3095 Main Road, EO. Box 1179, So~thold, New York 11971-0959, on ~:[URSDAy JUNE 7, 2012, Carryover Hearings, continued from prior meetings and pending additional information: Adjourned flora Public Hearing March 1, 2012 g6~__9 . Request for Variance f~om AT ticle III Code Section 280-15(B), based on an application for building permit and the Building Inspector's March 14, 2012 Notice of Disapproval concerning addition to accessory garage at; total square footage at more than the maxi- mum code allowable of 750 square feet, located at: 1665 Mili Creek Drive (adj. to Arsbemomaque Pond) Southold, NY SCTMglO00-5I 4-31.4 CONNER ~L~- Request for Varianc~ cie XXIII Section 280-124 and the Build- ing Inspector's March 20, 2012 Notice of Disapproval based on an application for building permit to construct a deck ad dillon to existing single fam0y dwelling: 1) les~ than he code required minimum rear yard setback of 35 feet; located at: 1200 Gillette Drive East Marion, NY. SCTM#1000-38.2-13 inforanati~n: '~.I~-I~L - A.A~NTHONy and DAN. · . day of~/~///~ ,/ / 2012. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01VO6105050 Qualified In Suffolk County 2.00 P.M. - K1MOGENOR POINF, tes February 28, 2016 INC. BINGHAM -#6550~(Adj. from April 5, 2012) Request for Variances from Article XXIII Code Section 280- 123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval based on an application for building permit for 1st and 2nd story en- largements and alterations to a seasonal dwelling at; 1 ) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, struc- turally altered or moved, unless such buildinll is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM~1000- 11643-24.1 The Board of Appeals will hear ali persons or their representatives, desir- ing tobe heard at each bearing, and/or desiring to submit written statements before the cooclusion of each hearing. Each hearing will not slart earlier than designated above.Fales are available for review during regffiar business hours and prior to the day of the hearing. It you have questions, please contact our office at, ~631) 7654809, or by email: VickJ.T~thOTowmSout hold.nv.m_, Dated: May 7~ 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 543'/5 Main Road (Office Location) 53095 Main Road (M~lingFUSPS) P.O. Box 1179 Southold, NY 11971-0959 10,710-IT 5/24 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 5, 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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0969, on THURSDAY~ APRIL 5~ 2012: 2:30 P.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 - Request for Variances from Article XXlII Code Section 280-123 and Article XXll Section 280-tt6 and the Building Inspector's January 19, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. So uthold.ny.us. Dated: March 5, 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 1179 Southold, NY 11971-0959 0512912012 11:05 H00RE LAN OFFIC~[i P.003100~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) -X AFFIDAVIT OF MAILINGS CTM Paroel#1000- )l~ -~ '= 7~, I COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~cg ~(.~siding at ~- ~k.~/~g0~__/~] , New York, being duly sworn, depose and say that: On the ;~/ day of /VI~ ./-~-~-, 2012, I personally mailed at the United States Post Office in S(~uthold, New Yo~rk, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the currant assessment roll verified from the official reeordsi on file with the ( X ) Assessors, or ( ) County Real Property Office ~,~.L~ ._, 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. (Signature) Sworn to before me this day of~-~ ,2012 (Notary Public) CONNIE D. BUNCH ~ote~'y Public, State of New York No. 01BU6185050 Qua ified in Suffolk County .., uommission Expires Apri 14, 2 ~_~_~' PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. _~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service [abed [] Agent C. Date of Delivery If YES, [] No Service 1 [] Insured Mall [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delive~3~ (Extra F~e) 7010 1670 0002 1168 9274 DYes PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 · Complete ;terns 1, 2, and 3. Also complete ;tern 4 ;t Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mellpiece, or on the front if space permits. 1. Article Addressed to: Article Number 7010 1671 (Transfer from service label) Agent B. ~e¢ elved~3y ( Pdnted Name) I C. Da~ of D~ivery D. IsdellveP/addmssdifferent from item 17 [] Yes ' if YES, enter delivery address below: [] No 3. Service Type Certified Mail 0002 1168 9281 PS Form 3811, February 2004 Domestic Retum Receipt · Complete ;terns 1, 2, and 3. Also complete ;tern 4 if Restricted DeIE, ery is desired. · Pdnt your name and address on the rsveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number, ¢rransfer from seMce/abe/) PS Form 3811, February 2004 A. Signature [] Agent D. Is delivery eddm~s different from item 1 ? If YES, enter delivery address below: [] 4. Restricted Delivery? (Extra Fee) OYes 0002 1168 9250 7010 1670 ru $2.~ ~0.00 ~6.60 r--1 Postage Certified Fee tM ~ Return Receipt Fee [:~ (Endersement Required) ~ Restricted Delivery Fee (Endorsement Requfred) $I.~0 $2.~5 $2.~ Total Postage & Fees $ ~,~0 Street. ~t NOd ........................................................ · Complete items 1, 2, and 3. Also complete item 4 if Restflcted Delivery is desired. · print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the Pack of the mailpiece, or on the front if space permits. 1. Article Addressed to: [] Agent [] AddreSsee B. ~ecaiv~d by ( printed~ Name) C. DT(~Ie of D ivery,_,~ D. Is ~iv~ ~ d~m~ ~ R~ 17 ~ Yes F If YES, enter daiive~ add~ ~low: ~ No 3. Service Type '~]~-tiff--ed Mail F1 Expmes Mail ertl [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted D~ivery? (Extra Fee) nyes 2. Article Number (Transfer from sen/ice [abe/) 7010 1670 0002 1168 9267 PS Form 3811, February 2004 Domestic Return Receipt 102505-02-M-1540., TOWN OFSOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING C.,~'~h'~e of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- }[ ~0 '~ {O COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at _~..ffi ;l%ul~t- .~_1 · New York, be~ng duly sworn, depose and say that: On the ~ day of ~ ~ ,201~.~ I personally placed the Town's Official Poste~, with the d~te ~f h~lring and nature of my application noted thereon, securely upon my prop~ll~, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be ~ (Signature) Sworn to before me this ~ Day of/V~7~ , 201~)-. (Notary Pu61ic~ - * ne~ the entr~ce or driveway entrance of my prope~y, as the area most visible to passerby. ~'~' 'A~ #10597 ~'L''~\r STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) RECEIVED BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 22nd day of March, 2012. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS · PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, Fur- sumzt to Section 267 of thc Town Law and Towa Code Chapter 280 (Zouiag); Town of Southold, th~ following public hearings will b~ held by the.$ou'rHOLD TOWN ZON~G BOARD OF APPEAL8 at the Town Hall, 53095 Main Ro~d, P.O. Box 1179, Southold, New York 11971~959, on ~ - R~que~t fo? Variance from origi- nal ZBA Grant.#6504 ~ the Bdil~ I=~ector's F~boar~ 7, 2012 Notice of D/sapprovui based oh amended plato for the aa:essory SaraSe at; l) ~he demolition and reconstruction are a dev/ation of rite od.oi~l ZBA ~rant allowi~ addtt/om hud · ltera/ions, located at: 2000 Nassau ~ Road,(adj~ to mo~d~ Cove) C~- tl~ BuikUng ]mpccto~ F-J~tq, &~012 ¢atio~ for building permit w.comtmct an w~nming pool aC 1) location other than 385 North C. mcs Road (comer Ho[den A'~nue) Clltchosue, iN~. SCTM#100~ TON a~d JANET E~ DAVIDSON ~$4~ - Request rot Variance from Article XXIII Section 280-124 and the Building ImFector% Janua~ 18, 20t2 Notice of Disapproval based on aa application for building permit for additio~ to a single CHRISTINA VOUNSKi NOTARY PUQLIC-STATE CF NEW YORK i'lO, f) ] ¥06108~. ~ P.~ * JUS~ SW~ an~ O~JOilflo~ I~ ~uffOlk ( JO~AWE~ER- - Request for family dwelling ar: 1) more than the code permitted maximum Io[ coverage of 20%. located at: 4205 Breakwater Road tcorne~ East Road) Matlituck, NY. SCTM#1000. 106-3-6 t~ ~or~undir~ ~n~ on an application for building permit to conslruct additions alterations and deck addition to existing single family dwelling: 1) less than the code required minimum tear yard setback o[ 50 feet;located at: 275 Back Lane taka Private Road #5) Orient, NY. SCTM#1000-174-26& 11.1 ~ - Request 'f~r Section 280-124 and the Building Ins~c. existing single family dwelling: 1) less than s~tback of 60 fe~t; ]oc~tcd at: 4380' I~lian 2:10 g_M.. ~ TON%W.S. based on ~n applicafioa for b~gtnnit, . for an accessory garage at: 1 ) location o~' 220 P~VL - K~IOGENOR POINT. INC. fBINGHAM~ - S~S0 - Request for Variaraes from Axtiele XXIII Code Sec 280-116 and the Building Inspector's Janu- on an application for building permit for single family dwelling at; 1) a nonco~ronn- businesa hours and p~or to t~ a~y of 53095 Main Road (Maillng/USPS) ~0,.597-!T 3/22 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM MAP # KIMOGENOR POINT, INC. (BINGHAM) #6550 1 16.-6-24.1 VARIANCE NONCONFORMING BLDG/USE; SETBACK REQUEST DEMO/CONSTRUCT NEW DWELLING DATE: THURS, APRIL 5, 2012 2:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS ~ (Name of A~plicants) SCTM P rcel 000- Il ¢ COUNTY OF SUFFOLK STATE OF NEW YORK I, ~(20~_ ~C~ residing at ~9~'~- ~ ~._O~-~ New York, being duly sworn, deposes and says that: On the ~' day of ~/h~(~'-' ,20 Ih I personally mailed at the United States Post Office in 0~OJff~,Ll~,~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( -3~Assessors, or ( ) County Real Property Office for every property which abuts and is ~cross a public or private street, or vehicular right-of-way of record, surrounding the aj~licant's pr~l~rty. -- (Signature) . Sworn to before me this ~(~ ~ dayof(X(~. C~ ,~20/~ (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk County Commission Ex~irss April 14, 2~-~/ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. (Endorsement Required) ~ Total Postage & F~S ~,~ ~ Tom Wickham & Others [~[~;~:or~o~x}~.O. ........................................................................... Box 928 Certified Fee Re~um Receipt Fee (Endorsement Requited) ~l~ Total Postage & Fee c= ~ Ernest W. Case -' (Endorsement Regulmd) Total Postage & Fee. ~.~0 03/15/2012 /s..,To Southol(I I own Ciera "'q r ~f,~,:~:mown'-of*$~ ........................................ · : 11971 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING ~J (lqame of Appl~ants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- []{a - ~c/, [ COUNTY OF SUFFOLK) STATE OF NEW YORK) I, "~J~'~\Y~C'~ .-~/~k~S residingat ~,~ ~ ~ ~b~ ~~ ,New York, being duly sworn, depose and say that: On the ~ day of ~ ,201 ~ personally placed the Town's Official Poster, with the date of he~ing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entr~ce) - facing the street or facing each s~eet or right-of-way entr~ce,* and that I hereby confirm that the Poster has remained in place for seven (7) days I~rior to the date of the subject hearing date, which heating date was shown to be ~/~ / ! ~ t 1 Sworn to before me this I ayof&V l (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, [] Agent D Addressee B. Received by (Printed Name) C, Date of Delivery D. Is delive~ address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Sen/ice Type ~'Cefflfled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail 1'3 C.O.D. F'I yes or on the f~ont if space permits. 1. Article Addressedto: Kimogenor Pt. Co. Cio William Archer 29 Green Meadow Ln. Huntington, NY 11743 2. A~icle Number (T~nsfer from sea, Ice label) PS Form 3811, February 2004 4. Restricted Delivery? (Extra Fee) 7010 1670 0002 1168 9151 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mairpiece, or on the front if space permits. 1. ArtJcleAddressddto: Tom Wickham & Others P.O. Box 928 Cutchogue, NY 11935 A. SIg~_ ~ []Agent [] Addressee Printed Name) D, Is daiive~ address different from item 1 ? [] ~'es If YES, enter daiivery address below: [] No Article Number (Transfer from se~vlce label) [] Express Mail [] Registered [] Return Receipt for Merchandise [] Ir~sured Mail [] C.O.D. 4. Restricted Deitve~? (Extra Fee) [] Yes 7010 1670 0002 1168 9144 PS Form 3811, February 2004 Domestic Return Receipt d · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressedto: Southold Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Received I If YES. enter [] Agent ~" C. Date of Delivery [] Yes [] No [] Registered [] Retum Recaipt for Merchandise [] Insured Mail [] C,O.D, 4. RestHntdd Delivery? (E,x~a F6e) [] Yes 2. Article Number- __O-~'~m~'/~eO 7010 1670 0002 1168 9120 PS Form 3811, February 2004 Domestic Return Receipt ~' uJo_o ~ONING 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: ' %outhtov,,n.north fork.net March 5, 2012 Re: Town Code Chapter 55 Public Notices for Thursday, April 5, 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 Suffolk Times. 1) Before March 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than March 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 28th' 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 April 3, 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. 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 13, 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 it 6550 Owner/Applicant: Kimogenor Point, Inc. Action Requested: Demolition and construction of a new single family dwelling. 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. Leslie. By: ~eisr~an Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 13, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6550 Kimogenor Point, Inc. 2012 1000-116-6-24.1 Dear Mark: We have received an application for demolition and construction of a new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very t~,yours, By:~ NEI®HBOF~IN® ~ x g ~ ~ANI TA~ ~AT~ MAIN SANITA~ 5YSTEN ~~ x XX ...... ' ' ' ' SCTM ~ 1000 116 06 24 1 DE ABANDONED ' ' "','"" ..,:,...,, / 50 JACKSON STREET / xXXx '~ ~ATE~ Al YCOUNT~UN~ERGR~N~A~/- NEW SUFFOLK, NY APPARENT HI*H ~ATE~ ~A~ Xx p xx ~ ~/ . ...::., OWNER: KIMOGENOR POINT, INC. ¢i~EA-I- ~Em__.ONIm__., EDAY' '. ..... SITE AREA: 257,004.00 SQ. FT.+l- = 5.90 AC. tDIN~HAM "- ~ ZONING: R-40 ,~ P~.OPOSED '.,.~.,SANITA~.¥ S*$TEN ZoNEFLOOD: AE (Elevation 6) EXISTIN~ NEI~H~RIN~ REHAIN '.. .?,:':,' :',: SURVEYOR: NATHAN TAFT CORWIN III D~ACH '. PO BOX 16 ~ JAMESPORT, NY 11947 ''''', LICENCE ~50467 EXISTIN~ ~HBC I NOrD % ~ ~UP~LE~ENTED ~/AD~ITIONAL / ~ IN~O~ATION PRO~ SCALE: 1" = 30' ~.o~,~ ~,~ nnl =w.~ ~j.<~ DRAWN BY: CHECKED BY: TCS DATE: 218/12 SCALE: 1" [] 30'-0" SHEET TITLE: OVERALL SITE PLAN SHEET NO: SOUTH ELEVATION EAST ELEVATION WEST ELEVATION NORTH ELEVATION SECOND FLOOR PLAN FIRST FLOOR PLAN BOARD OF APPEALS REGULATORY APPROVALS 1105 DRAWN BY: TCS CHECKED BY: DATE: 218112 SCALE: 118" = 1' - 0" SHEET TITLE: PLANS ELEVATIONS SHEET NO: TEST HOLE BY MARK McDONALD GEOSCIENCE NO SCALE SOUTHOLD, NEW YORK 1t971 TEST HOLE DATA (11110/1t) ELEV +5.5' 4 FT. MIXED SAND AND LOAM 4.3 FT BROWN SANDY CLAY CL WATER IN BROWN 8 FT. SANDY CLAY CL WATER IN BROWN t0 FT. CLAYEY SAND SC WATER IN PALE BROWN 17 FT, FINE TO COARSE SAND SW COMMENTS: WATER ENCOUNTERED 4.3' BELOW SURFACE, ELEV +1.2' DRAINAGE CALCULATIONS FOR AREA OF NEW ROOF SEPTIC PROFILE ~-~ E~JILDIN~ ~LL, FIN. FL.t;.. EL, +~.1 FT I ~-- c~R~E L,INE ELEVATION b.5 FT. I ~ ~DE LINE ELE~ATION,~.5 FT. ~/~,,~ I' ~. 2' ~. ..... i L c <So SlTEDATA SCTM # PROPERTY: OWNER: AREA: ZONING: FLOOD: ZONE 1000-116,06-24.1 KIMOGENOR POINT 50 JACKSON STREET NEW SUFFOLK, NY 11956 KIMOGENOR POINT, INC. c/o BILL ARCHER 29 GREEN MEADOW LANE HUNTINGTON, NY 11743 257,004.00 SQ. FT.+I- = 5.90 AC. R-40 AE (Elevation 6) SURVEYOR: NATHAN TAFT CORWIN III PO BOX 16 JAMESPORT, NY 11947 · ,CE,CE ,0.50~7 DATED: MAY 16, 2003 DECEMBER 8, 2005 ADDED WETLAND NOTE SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY NO TES__ ELEVATIONS ARE REFERENCED TO NAVD 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~0 LOCATIoNEXISTING CONTOUR LINES ARE SHOWN THUS: --5--MAP~orthForklntrYub ~ ~ j, NEW SUFFOLK, NY LINE SITE NOTES EXISTING AREAS Six (6) houses w/porches and decks: 18,050 sf Existing areas paved w/gravel: 6,285 ef TOTAL 24,335 ef Percentage upland coverage: 9.47% PROPOSED AREAS Six (6) houses w/parches and decks: 18,474 sf Existing areas paved w/greveh 6,285 sf TOTAL 24,759 sf Percent upland coverage: 9.63% Percent upland Increase: HOUSE NOTES EXISTING HOUSE: First Floor: Second Floor: TOTAL Covered Porch/Stalin: TOTAL FOOTPRINT: PROPOSED HOUSE: First Floor: Second Floor: TOTAL: Covered Porch/Stairs: TOTAL FOOTPRINT: 1.7 % 1,132 sf 767 sf 1,899 sf 664 sf 1,796 sf 1,354 sf 1~201 sf 2,555 sf 866 sf 2,220 ef Percent footprint Increase: 23.5% RECEIVED t~A Y GRF, AT PF, CONIC SITE PLAN SCALE: 1" = 30'-0" I / / ~OARD OF APPEALS REGULATORY APPROVALS REVISIONS: I - 11 - 12 J~6z. PROJECT NO: 1105 DRAWN BY: UT CHECKED BY: TS DATE: 2/8112 SCALE: 1" = 30'-0" SHEET TITLE: SITE PLAN SHEET NO: 1 PECONIC / \ ".-:;~ ---.,....~.~o. I~'~ Real Propen'y Tax senm~e Agency